[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 II

                               __________

                              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

                                     




88-454              U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2003
____________________________________________________________________________
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                     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

                              ----------                              
                                                                   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

                              ----------                              


                      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.

                       NEAR EAST AND NORTH AFRICA

                              ----------                              


                                ALGERIA

    As constitutional head of state, President Abdelaziz Bouteflika 
appoints and dismisses the Prime Minister, and may dissolve the 
legislature. According to the Constitution, the Prime Minister appoints 
the cabinet ministers; however the President has taken a key role in 
designating the members of the cabinet. The military establishment 
strongly influences defense and foreign policy and is largely believed 
to have influenced the outcome of the 1999 presidential election which 
had numerous problems associated with it. President Bouteflika, who is 
not affiliated formally with any party, ends his 5-year term in April 
2004. The Government's cancellation of the 1992 elections, which the 
Islamic Salvation Front (FIS) were poised to win, suspended the 
country's democratic transition to a pluralist republic and resulted in 
on-going fighting between the security forces and armed insurgent 
groups seeking to impose an Islamic state. The ensuing violence 
resulted in the deaths of approximately 100,000 or more in the last 
decade. Although the Constitution provides for an independent 
judiciary, executive branch decrees partially restricted the 
judiciary's authority.
    The Government's security apparatus comprises the army, consisting 
of ground, naval and air defense forces; the national gendarmerie; the 
national police; communal guards; and local self-defense forces. All of 
these elements were involved in counterinsurgency and counter-terrorism 
operations and were under the control of the Government. Security 
forces committed serious human rights abuses, although allegations of 
such abuses continued to decline during the year.
    The country confronts many of the challenges that states making the 
transition from a state-administered to open market economy face. The 
country had a total population of approximately 31.5 million. The 
Government launched a large 4-year spending program in 2001 to 
stimulate the economy and modernize key sectors; however, progress 
continued to be slow. The Government's draft laws for liberalizing the 
hydrocarbons sector have stalled due to opposition from labor unions. 
The hydrocarbons sector was the backbone of the economy, accounting for 
approximately 60 percent of budget revenues, 26 percent of GDP, and 
over 95 percent of export earnings. Official estimates placed 
unemployment at 30 percent; however, as much as 70 percent of the 
population under the age of 30 were unable to find adequate employment. 
Despite macroeconomic stability, the delay in the reforms and a non-
performing public sector privatization process stunted economic growth.
    Despite the decline in security force abuses from prior years, the 
human rights record remained generally poor, and there continued to be 
problems with excessive use of force, increased restrictions on freedom 
of expression, and failure to account for past disappearances. The 
massacre of civilians by armed terrorist groups also continued. There 
were significant limitations on citizens' right to change their 
government.
    While such abuses continued to decline, the security forces 
committed extra-judicial killings, tortured, beat or otherwise abused 
detainees, and arbitrarily arrested and detained, or held individuals 
incommunicado. Most such cases were committed against suspected members 
of armed groups in the context of the Government's continued battle 
with terrorism. Security forces also committed serious abuses in 
connection with riots and demonstrations by the Berbers in the Kabylie 
region during the spring and summer of 2001. While armed confrontations 
continued throughout the year, there was a decrease in flagrant abuses 
committed by security forces. Further infringements occurred this year 
during the May 30 parliamentary elections and the October 10 local 
elections, when boycotts, protests, and other demonstrations led to 
violent confrontations with police, which were often put down with 
excessive force. Berber activists continued to face arrest, harassment, 
and detainment at the hands of the Government in the months following 
local and parliamentary elections.
    Security-force involvement in disappearances from previous years 
remained unresolved. The Government attempted to improve prison 
conditions with the assistance of the United Nations Development 
Program (UNDP). During the year, prisoners died in fires which stemmed 
from riots protesting prison conditions. Prolonged pretrial detention 
and lengthy trial delays were problems. Despite reforms in the judicial 
system, detention beyond the legal limit remained a problem. 
Defendants' rights to due process, illegal searches, and infringements 
on citizens' privacy rights also remained problems.
    Although there was no overt censorship of information, the 
Government continued to restrict freedom of speech, press, assembly, 
association, and movement in varying degrees during the year. The print 
media was relatively free and the independent press commented regularly 
and openly and expressed a wide range of views on significant issues 
such as terrorist violence and surrenders under the amnesty program. 
However, some elements of the news media practiced self-censorship.
    Unlike in the past, when electronic media expressed only government 
policy, government-controlled radio and television stations presented a 
variety of views, including those critical of the Government, 
especially during the violence that took place in the Kabylie region of 
the country from the spring and summer of 2001 through the end of this 
year. The Government also placed some restrictions on freedom of 
religion. Domestic violence against women, the Family Code's limits on 
women's civil rights and societal discrimination against women remained 
serious problems. Child abuse was a problem. Although the Government 
recognized the Amazigh language as a national language, Kabylie ethnic, 
cultural, and linguistic rights were the objects of demonstrations and 
riots in the spring of 2001 and remained an undercurrent of the 
political scene throughout the year, particularly during protests 
surrounding the parliamentary and local elections. Child labor was a 
problem.
    Armed groups committed numerous serious abuses and killed hundreds 
of civilians, including infants. While such violence continued to 
decrease, it did not decrease at the same rate as in 2001. Armed 
terrorists continued their widespread campaign of insurgency, targeting 
government officials, families of security-force members, and 
civilians. The killing of civilians often was the result of rivalry 
between terrorist groups and to facilitate the theft of goods needed by 
the armed groups. Violence was also used by terrorist groups to extort 
money.
    Armed groups left bombs in cars, cafes, and markets, which killed 
and injured indiscriminately. Some killings, including massacres, also 
were attributed to revenge, banditry, and land grabs. Press reports 
estimated that approximately 1,386 civilians, terrorists, and security 
force members died during the year in the ongoing domestic turmoil. The 
violence appears to have occurred primarily in the countryside, as the 
security forces largely forced the insurgents out of the cities. 
Algeria 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 
committed extra-judicial killings, mostly during clashes with armed 
terrorist groups. The Government maintained that security forces 
resorted to lethal force only in the context of armed clashes with 
terrorists. However, security forces killed 71 civilians this year. The 
Government also contends that, as a matter of policy, disciplinary 
action is taken against soldiers or policemen who are guilty of 
violating human rights, and that some disciplinary action was taken 
during the year. However, the Government did not routinely release 
specific information regarding punishments of military and security 
force personnel and no such data was made public this year. The 
majority of civilian deaths at the hands of security forces occurred 
this year during protests in and around the Kabylie region.
    During riots in late March, a gendarme shot and killed a young man 
in Chemini, Bejaia. As a result of the rioting that ensued between 
gendarmes and protestors, there were hundreds of casualties and four 
persons were critically injured (see Section 1.g.).
    In April mass protest marches took place in Kabylie towns to 
commemorate the first anniversary of high school student Massinissa 
Guermah's death in custody. Street battles between protesters and riot 
police resulted in numerous injuries and deaths (see Sections 2.b.).
    On August 2, security forces in the east of the country killed 40 
terrorists after surrounding their mountain compound for 12 days. Over 
the course of a 2-week period, security forces in the area of Tizi 
Ouzou and Bejaia bombed different camps belonging to the terrorist 
organization Salifast Group for Preaching and Combat (GSPC) camps using 
military helicopters in an attempt to capture GSPC leader Hassan 
Hattab.
    In 2001 security forces surrounded for 11 days an abandoned mine 
used as a stronghold by the terrorist group GSPC calling for the 
terrorists to surrender. Security forces then used explosive to 
collapse the mine, which killed 70 persons.
    In 2001 Massinissa Guermah, a 19-year-old Amazigh high school 
student, died in the custody of security forces of gunshot wounds. 
During the April 2001 demonstrations and riots that ensued in the 
Kabylie region following Guermah's death, security forces used 
excessive force, killing at least 45 rioters and demonstrators and 
injuring hundreds more (see Sections 1.c., 1.d, 2.b, and 5). Press 
reports have estimated that as many as 80 rioters may have died at the 
hands of security forces during the riots that continued into the 
summer. Ten days after Guermah's death, the local gendarmerie issued a 
statement claiming that the official responsible for the death of 
Guermah had been court-martialed. The Government appointed two separate 
commissions to investigate Guermah's death and the violence that 
followed it. In 2001 the report of one commission, headed by Amazigh 
jurist Mohand Issaad, found that the security forces version of the 
death was ``not satisfactory,'' blamed gendarmerie units for using 
excessive force in putting down the demonstrations, and found that the 
units did so without orders. The report of the National Assembly 
Commission, released this year, differed little from the original 
account of the incident given by security forces. In reaction to the 
National Assembly report's release, the Government issued financial 
indemnities to the families of victims and detainees in addition to a 
proclamation ordering the ``draw down'' of gendarmes during the year. 
Both uniformed and civilian clothes police were deployed to minimize 
tension in the region.
    In November 1999, prominent FIS leader Abedlkader Hachani, who had 
spoken out in favor of peace and reconciliation, was shot and killed in 
Algiers. In December 1999, authorities arrested a suspect who had the 
murder weapon in his possession. In March the suspect, Fouad Boulemia, 
was found guilty and sentenced to death.
    During the year, there continued to be no reports of pro-government 
militia killing civilians as there had been in the past.
    Armed groups targeted both security-force members and civilians. 
Civilian deaths attributed to terrorists decreased by 30 percent from 
2001 totals. In many cases, terrorists randomly targeted civilians in 
an apparent attempt to create social disorder. In other cases, violent 
reprisals were reportedly taken against those who failed to pay a 
``tax'' to the terrorists. Armed groups killed numerous civilians, 
including infants, in massacres and with small bombs. Bombs left in 
cars, cafes, and markets killed and maimed persons indiscriminately 
(see Section 1.g.). As well as the use of small bombs, terrorist 
tactics included creating false roadblocks outside the cities, often by 
using stolen police uniforms, weapons, and equipment. Some killings, 
including massacres, also were attributed to revenge, banditry, and 
land grabs.
    Press reports estimated that approximately 1,386 civilians, 
terrorists, and security force members died during the year as a result 
of the ongoing violence, a decrease from the 1,980 who died during the 
previous year. The violence appears to have occurred primarily in the 
countryside, as the security forces largely forced the insurgents out 
of the cities.
    On April 24, terrorists associated with GIA targeted two families 
as they slept in a nomad camp outside of Djelfa, killing 16 persons. 
Among the victims were nine children and an infant. The sole survivors 
of the attack reported that the group robbed the families of valuables, 
food, and a single rifle after the attack. On May 1 six armed 
terrorists associated with GIA entered the city of Tiaret and proceeded 
to attack two families using axes and knives. Thirty-one persons were 
killed and five persons injured during the attack.
    At the start of summer, outside Jijel in the wilaya of Chlef, 
terrorists slit the throats of 23 nomads. After setting fire to two of 
the tents and a car, the attackers fled, taking with them a 26-year-old 
woman. Press reports noted on July 3 that over the past 10-day period 
80 persons were killed in acts of terrorism across the nation.
    On August 15, a terrorist group killed 26 persons in the hamlet of 
Khodr. The victims included women and 7 children between the ages of 3 
and 12 years old.
    On November 23, terrorists in the mountains outside Bejaia killed 9 
members of the security forces during a nighttime counter-terrorist 
operation.
    Other similar incidents took place during the year and from 1991-
2001.

    b. Disappearance.--There were no credible reports during the year 
of disappearances in which the security forces were implicated. 
However, local NGOs reported a new trend of prolonged detention ranging 
from 8 to 18 months that was frequently reported as a disappearance 
until the person in question was returned to his or her family. These 
``new'' disappearances at the hands of security forces often differed 
in duration and outcome from the disappearances which occurred in the 
country during the first half of the 1990s that remained unresolved. 
These incidents remained contrary to the legal procedures stipulated in 
the country's penal code and its Constitution. There have been credible 
reports of thousands of disappearances occurring over a period of 
several years in the mid-90s, many of which involved the security 
forces. A Ministry of Interior office in each district accepts cases 
from resident families of those reported missing. Credible sources 
state that the offices provided little useful information to the 
families of those who disappeared. During the year, the Government 
lobbied for internal and international support for a DNA lab and 
forensics training to assist in the process of identifying human 
remains in order to update relatives as to the status of the 
disappeared.
    In a press conference held in June, the Director of the National 
Consultative Commission for the Protection and Promotion of Human 
Rights publicly admitted that ``the issue of the disappeared was the 
country's greatest weakness and that more should and could be done.''
    In August a body of a ``disappeared'' person was discovered buried 
in a cemetery outside of Algiers. No records were available as to the 
circumstances under which the body was interred, and the family was 
unable to receive a certificate listing cause of death, despite 
repeated requests.
    In 2001 the Minister of Interior told the National Assembly that 
the Ministry had agreed to investigate 4,880 cases of citizens reported 
``disappeared.'' The Ministry reported that it provided information to 
the families in 3,000 of those cases. In 1,600 of the cases, families 
requested administrative action to obtain death certificates for their 
missing relatives. There were no reported prosecutions of security-
force personnel stemming from these cases, but government officials 
reported in 2000 that between 350 and 400 security officials had been 
punished for ``human rights abuses.'' Families of the missing persons, 
defense attorneys, and local human rights groups insisted that the 
Government could do more to solve the outstanding cases. The Government 
asserted that the majority of reported cases of disappearances either 
were committed by terrorists disguised as security forces or involved 
former armed Islamist supporters who went underground to avoid 
terrorist reprisals.
    The total number of disappeared in the country continues to be 
debated. Official government estimates asserted publicly that 
approximately 4,700 persons were missing, while privately some 
government officials speculate that the total could be as high as 
12,000. Local NGOs reported figures of the total number of disappeared 
closer to 8,000. In September 2000, (AI) reported that since 1994 more 
that 4,000 persons disappeared after being detained by security forces.
    Local NGO sources noted that a few of the persons who disappeared 
were released from captivity by the security forces, but that there was 
no public information about these cases, due to the fear of reprisal 
against those released. Family members and other human rights activists 
maintained that a number of persons who disappeared were still alive in 
the hands of security forces. Witness testimony made these assertions 
credible. However, it remained unclear if the disappeared seen alive 
during the 1995-1997 period still remain so. Terrorist groups continued 
to kidnap scores of civilians. In many instances, the victims 
disappeared, and the families were unable to obtain information about 
their fate.
    There were incidents of women and girls being kidnaped by terrorist 
groups for the purposes of rape and servitude during the year (see 
Sections 5, 6.c., and 6.f.).

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Both the Constitution and legislation prohibit torture and 
other cruel, inhuman, or degrading treatment; however, according to 
local human rights groups and defense lawyers, the police at times 
resorted to torture when interrogating persons including those 
suspected of being involved with, or having sympathies for, armed 
insurgency groups.
    There continued to be reports of police torture and other abuse of 
detainees during the year. AI stated that some persons die in custody 
from torture or were executed. The International Red Cross noted a 
decrease in incidents of torture and that the severity of such acts 
diminished. Many victims of torture hesitate to make public such 
allegations due to fear of government retaliation.
    According to AI, in April, after plainclothes agents arrested Tahar 
Facouli, a shopkeeper from the village of Surcouf, security forces 
tortured him for his alleged contact with human rights lawyer Rachid 
Mesli.
    Rally for Democratic Culture (RCD) alleged during the course of the 
year that four of its members and their families were detained and 
tortured by ``persons with professional experience similar to those 
given government training.'' Despite appeals to the Government for 
clarification by year's end, no investigations into this matter had 
occurred.
    In the past, the Interior Ministry and the National Observatory of 
Human Rights (ONDH) stated publicly that the Government would punish 
those persons who violated the law and practiced torture. Government 
officials reported in November 2000 that between 350 and 400 security 
officials had been punished for human rights abuses, although the 
Government provided no details regarding the abuses that such officials 
committed or the punishment that they received. There was no 
independent mechanism available to verify the Government's claim. The 
National Observatory for Human Rights was replaced in 2001 by the 
National Consultative Commission for the Protection and Promotion of 
Human Rights (CNCPPDDH).
    In response the backlash against security force tactics used to put 
down riots during the 2001 Black Spring, the Government replaced 
gendarme units patrolling the Kabylie region this year during the 
summer and fall elections with members of the local police forces.
    Armed altercations between security forces and rioting civilians 
nonetheless continued this year, sometimes resulting in death. At the 
writing of this report, gendarme units were deployed again to the 
Kabylie region.
    In 2001 the Government used excessive force in some instances to 
put down demonstrations and riots throughout the year in the largely 
Berber Kabylie region. Outdoor demonstrations in the Kabylie region 
turned violent from April 22 to 28, following the death in security 
forces' custody of a 19-year-old Berber high school student (see 
Sections 1.a., 1.c., 2.b., and 5.). Security forces used live 
ammunition against demonstrators, including against youths throwing 
stones and molotov cocktails. According to the ministry of the 
interior, security forces killed 45 protesters and injured 491 within 
six days in April of 2001. Some of those killed or injured were shot in 
the back. AI reported in 2001 that press reports indicated that as many 
as 80 persons were killed in the Kabylie through mid-year. In addition 
the Government detained a large number of persons for short periods in 
connection with the violence. AI reported that security forces 
tortured, beat, and otherwise abused a number of them (see Section 
1.d.). Although the Government allowed several subsequent 
demonstrations to take place, it used force to disrupt several other 
demonstrations that were held throughout the spring and summer of 2001 
and through much of the period covered by this report (see Section 
2.b.).
    In 2000 the Government announced new laws and policies concerning 
the Police Judiciaire (PJ), which interrogates suspects when they first 
are arrested to determine whether there are grounds for prosecution. 
Local judges now are required to grade the performance of PJ officers 
operating in their jurisdiction in an effort to ensure that the 
officers comply with the law in their treatment of suspects. In 
addition, any suspect held in preventative detention is to undergo a 
medical examination at the end of the detention, whether the suspect 
requests it or not. These measures remained in effect and the 
Government adopted them in practice.
    In February 2001, following a bombing against a military unit in 
the area, security forces arrested Said Zaoui and approximately 20 
other men in Dellys. The detainees reportedly were tortured and Zaoui 
reportedly remained in detention.
    Police beat protestors while forcibly dispersing several 
demonstrations during the year and in 2001 (see Section 2.b.).
    Armed terrorist groups committed numerous abuses, such as 
beheading, mutilating, and dismembering their victims, including 
infants, children, and pregnant women. These groups also used bombs 
that killed and injured persons (see Sections 1.a. and 1.g.). Deaths at 
the hands of armed groups decreased by about 30 percent, from 1,124 in 
2001 to 782 during the year (see Sections 1.a).
    Prison conditions were spartan, but generally met international 
standards. A local human rights activist noted that the condition of 
prisons throughout the country were a result of overcrowding, more than 
programmed or state-sponsored neglect. Poor medical standards for 
prisoners received press coverage in October, 6 months after nationwide 
prison protests. However, the provision of medical treatment remained 
limited. The media reported there was one doctor for every 300 
prisoners. An international NGO noted that the Government continued to 
improve prison conditions over the past two years. Prisoners generally 
were found to be in good health and benefited from adequate food and 
expanded visitation rights. However, prison protests and riots occurred 
throughout the summer, fall, and winter of this year, as a result of 
conditions imposed by overcrowding and poor living conditions, 
resulting in injuries and numerous deaths.
    On April 30, a 19-year-old prisoner at Bab El Djedid Prison in 
Algiers attempted to kill himself with a broken light bulb. As prison 
guards attempted to stop the prisoner, a second prisoner in a nearby 
cell lit a fire in his bed. Nineteen prisoners died and nine others 
were injured in the ensuing fire. Three days later a revolt began in 
the same prison, with approximately 60 prisoners climbing onto the roof 
and threatening to jump.
    On May 5, in the prison of Boussouf in Constantine, prisoners lit 
fire to their sheets and beds. Forty-eight prisoners were injured and 
four had serious injuries.
    In general the Government does not permit independent monitoring of 
prisons or detention centers outside of programmed visits by the 
International Committee of the Red Cross (ICRC). The Government allowed 
ICRC to visit prisons since 1999 and as of October, ICRC had an 
official presence. Limited monitoring consisted of pre-selected 
detainees, chosen by the Government, being granted access to and 
meeting with various international human rights groups. The ICRC did 
not visit FIS leaders or other political leaders in prison or under 
house arrest.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest and detention; however, the security forces 
continued arbitrarily to arrest and detain citizens, although such 
practices have been reported less frequently than in past years.
    The 1992 Antiterrorist Law suspended the requirement that the 
police obtain warrants in order to make an arrest. During the year, the 
police made limited use of this law. However, according to defense 
attorneys, police who executed searches without a warrant routinely 
failed to identify themselves as police and abused those who asked for 
identification (see Section 1.f.).
    The Constitution provides that incommunicado detention in criminal 
cases prior to arraignment may not exceed 48 hours, after which the 
suspect must be charged or released. However, according to the 1992 
Antiterrorist Law, the police may hold suspects in pre-arraignment 
detention for up to 12 days, although police must inform suspects of 
the charges against them. In practice the security forces generally 
adhered to this 12-day limit in terrorist cases and to the 48-hour 
limit in nonterrorist cases.
    The President of CNCPPDDH stated in a press interview in September 
that he considered ``the poor application of legal texts by judges, 
notably the practice of 'preventive detention' to be the sole reason 
that the country's entire judicial system continues to be of poor 
quality.'' He further stated that the State of Emergency had no room to 
accommodate human rights, and personally demanded that it be lifted.
    In April according to AI, Tahar Facouli was tortured and kept in 
detention because of his contacts with exiled human rights lawyer 
Rachid Mesli.
    Rally for Democratic Culture (RCD) members lodged a formal 
complaint to the Ministry of Justice for the 3-day detainment without 
formal charges of a party member from May 5 through May 8. In October a 
human rights attorney who had frequently aligned himself with the RCD 
was beaten by unknown assailants outside of the El Aurassi Hotel. RCD 
officials alleged that ``aspects of the Government'' were involved in 
the attack.
    Arouch citizen's movement members Belaid Abrika, Mouloud Chebheb, 
Mohamed Nekkah, Mahklouf Lyes, Allik Tahar, and Rachid Allouache were 
arrested and detained while attempting to follow the court proceedings 
of Kabylie residents arrested during the riots. On October 15, Abrika 
was charged with inciting violence and held on a four month, renewable 
basis until his trial. In December he and others began a hunger strike 
which lasted 42 days to protest their detainment. In contravention of 
the Penal Code, by year's end, a trial date had not been chosen by the 
Government (see Section 3).
    In April 2001, three students were arrested in two separate 
incidents in the Kabylie region. One died in custody and the other two 
subsequently were released. The death in custody precipitated 
demonstrations and riots in the region throughout the spring and summer 
and remained an aspect of protests carried out in the region this year 
(see Sections 1.a., 1.c., 2.b.).
    In 2001 the Government detained and released hundreds of persons in 
connection with the demonstrations and riots that took place in the 
Kabylie region in the spring and summer following the April death in 
custody. AI reported that the police tortured or otherwise abused 
persons in custody at that time (see Section 1.c.).
    Abassi Madani, President of the banned FIS party, who was released 
from prison in 1997, remained under house arrest and was allowed to 
receive visits only from members of his family (see Section 2.d.). 
During the year, Madani made numerous press statements and conducted 
interviews while under house arrest. Jailed oppositionist and FIS vice 
president Ali Belhadj, who had been held incommunicado from 1992 until 
1998, was allowed contact with members of his family, who spoke to the 
press on his behalf during the year. Media reports indicated that 
government officials also held talks with the FIS in an attempt to 
gauge public sentiment towards a release of the leaders on humanitarian 
grounds due to poor health. In early December the Government abandoned 
plans for his release, according to print media.
    Police and communal guards frequently detained persons at 
checkpoints. There were previously reports of police arresting close 
relatives of suspected terrorists in order to force the suspects to 
surrender. While no reports were received of similar acts this year, 
73-year-old El-Hadj M'lik who was arrested in 2000 was questioned 
concerning his sons, one of whom is believed to be a member of a 
terrorist group. Security officials reassured the family on two 
separate occasions that M'lik would be returned to them. However, the 
Government has released no further information on the case during the 
year.
    Prolonged pretrial detention was a problem. Persons accused of 
crimes sometimes did not receive expeditious trials; however, instances 
of long-term detention appeared to decrease somewhat during the past 
year (see Section 1.e.). Hundreds of state enterprise officials who 
were arrested on charges of corruption in 1996 remained in detention. 
Some local human rights activists and NGOs claimed that the Government 
continued to keep some former prisoners under surveillance and required 
them to report periodically to police.
    Forced exile is not a legal form of punishment and was not known to 
be practiced. However, numerous cases of self-imposed exile involved 
former FIS members or persons who maintained that they have been 
accused falsely of terrorism as punishment for openly criticizing 
government policies.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, executive branch decrees restricted the 
judiciary's authority. The Minister of Justice appoints the judges. A 
judge's term is 10 years. The Government reportedly may remove judges 
at will. In August 2000, the President announced a massive 
reorganization of the judiciary. He changed approximately 80 percent of 
the heads of the 187 lower courts and all but three of the presidents 
of the 37 higher-level courts. Most of the court heads were reassigned 
to new locations; however, a number were replaced. The Government 
sought international technical assistance with the reform of its 
judiciary over the course of the year, in many instances funded in full 
by the Government.
    The judiciary is composed of the civil courts, which tried cases 
involving civilians, and the military courts, which have tried 
civilians on security and terrorism charges. There is also 
Constitutional Council, which reviews the constitutionality of 
treaties, laws, and regulations. Although the Council is not part of 
the judiciary, it has the authority to nullify laws found 
unconstitutional. The Council has nine members: three of the members 
(including the council president) are appointed by the President; two 
are elected by the upper house of the Parliament; two are elected by 
the lower house of the Parliament; one is elected by the Supreme Court; 
and one is elected by the Council of State. Regular criminal courts try 
those persons accused of security-related offenses. Long-term 
detentions of suspects awaiting trial again appeared to decrease 
somewhat during the year (see Section 1.d.).
    According to the Constitution, defendants are presumed innocent 
until proven guilty. They have the right to confront their accusers and 
may appeal the conviction. Trials are public, and defendants have the 
right to legal counsel. However, the authorities did not always respect 
all legal provisions regarding defendants' rights, and continue to deny 
due process. Some lawyers did not accept cases of defendants accused of 
security-related offenses, due to fear of retribution from the security 
forces. Defense lawyers for members of the banned FIS suffered 
harassment, death threats, and arrest.
    An unknown number of persons who could be considered political 
prisoners were serving prison sentences because of their sympathies 
with Islamist groups and membership in the FIS. International human 
rights groups did not request visits with political prisoners this 
year; therefore it was unclear whether the Government would permit such 
organizations to visit political prisoners.
    In the days prior to the May legislative elections, President 
Bouteflika granted amnesty to prisoners serving jail sentences for 
criminal violations, including four students jailed for throwing rocks 
at him during a visit to Algiers.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the inviolability of the 
home, but authorities frequently infringed on citizens' privacy rights. 
The state of emergency authorizes provincial governors to issue 
exceptional warrants at any time. Security forces also entered 
residences without warrants. According to defense attorneys, police who 
executed searches without a warrant routinely failed to identify 
themselves as police and abused persons who asked for identification.
    Security forces deployed an extensive network of secret informers 
against both terrorist targets and political opponents. Credible 
sources and journalists believe that the Government actively monitored 
telephone lines of political opponents, journalists, and human rights 
groups (see Section 4). There were reports of police arresting close 
relatives of suspected terrorists in order to force the suspects to 
surrender (see Section 1.d.).
    Armed terrorists entered private homes either to kill or kidnap 
residents or to steal weapons, valuables, or food (see Section 1.a.). 
After massacres that took place in their villages, numerous civilians 
fled their homes. Armed terrorist groups consistently used threats of 
violence to extort money from businesses and families across the 
country.

    g. Use of Excessive Force and Violations of Humanitarian Law.--On 
October 24, during a television interview with French channel LCI 
broadcast nationally, General Touati, the President's Defense Advisor, 
stated that the Kabylie region had been ``severely repressed.'' Kabylie 
Security forces reportedly exhibited excessive force throughout the 
year in the Kabylie region.
    In March gendarme units stationed in Azazga (Tizi Ouzou), El Kseur, 
and Seddouk abandoned their barracks in the face of widespread 
protests. Rioters burned barracks buildings, and in retaliation, 
gendarmes from El Kseur, upon orders from the Government, looted and 
ransacked shops, threatened bystanders and protesters alike, and 
attacked many. The death of a man in Seddouk at the hands of security 
forces sparked off more violent clashes (see Section 1.a.).
    Wide-spread protest throughout the Kabylie region during July and 
August forced 21 gendarmerie brigades to withdraw after a young man was 
killed when shot in the head by a plastic bullet during riots in 
Chemini, Bejaia. Amidst the rioting that ensued, casualty figures were 
in the hundreds and special units of security forces were called in to 
replace the gendarmes as they withdrew from the region. Anticipating 
the gendarmes' departure, youths marching on barracks in Mechtras were 
fired at by gendarmes with rubber bullets and smoke grenades, 
critically injuring four. Further rioting ensued, which resulted in 
violent clashes between gendarmes and protesters (see Section 1.a.).
    In April 2001, gendarme units used excessive force in response to 
rioting in the Kabylie region. Gendarme units shot rioters with lethal 
rounds, not rubber ones, often in the back. A report issued by the 
Government-appointed Issad Commission to investigate the violence, 
found that the gendarmes acted without orders. The Government claimed 
that the gendarmes who fired the shots were disciplined. However, no 
details were provided to the public during the year regarding the 
specifics of this ``disciplinary'' action (see Sections 1.a. and 2.b.).
    Armed groups continued to be responsible for numerous, 
indiscriminate killings. Terrorists left bombs at several markets and 
other public places during the year, killing and injuring dozens of 
persons. In rural areas, terrorists continued to plant bombs and mines, 
which often targeted security force personnel.
    On March 17, terrorists left a large home-made bomb which exploded 
at a post office in Algiers, in which more 20 persons were injured.
    On April 20, a nail bomb left at a school in Medea exploded 
injuring 20. On May 15, a bomb a few meters from the headquarters of 
the communal guard killed 4 and injured 14. Hidden in a manhole at the 
entrance of an open-air market in Tazmalt, the blast was timed to kill 
countless more had it not been for poor craftsmanship.
    On July 5, a market bomb in Larbaa killed 38 and injured 82. As in 
the past, such random lethal terrorist attacks occurred throughout the 
year (see Section 1.a.).
    On October 12, terrorists set up a false roadblock outside of 
Boumia. Dressed as communal guards, a vehicle traveling from Algiers 
was detained that contained six persons. Four civilians were robbed of 
their valuables; the terrorists shot and killed the two police officers 
traveling with the group.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech; however, the Government restricted this right in 
practice. A 1990 law specifies that freedom of speech must respect 
``individual dignity, the imperatives of foreign policy, and the 
national defense.'' The state of emergency decree gives the Government 
broad authority to restrict these freedoms and to take legal action 
against what it considers to be threats to the state or public order. 
These regulations were enforced throughout the year, and in some 
instances appeared to target specific media organizations and their 
staff. The number of independent press publications prosecuted or fined 
for reporting on security matters increased from the previous year.
    While the law permits the Government to levy fines and jail time 
against the press in a manner that restricts press freedom, in practice 
the existence of such a did little to curb reporting by the independent 
press. However, members of the press acknowledged the economic strains 
placed on the print media as a result of the 2001 amendment.
    In 2001 the Government enacted broad amendments to the Penal Code 
that imposed high fines and prison terms of up to 24 months for 
defamation or ``insult'' of government figures, including the 
President, Members of Parliament, judges, members of the military and 
``any other authority of public order.'' At least six prosecutions 
occurred under the 2001 amendment to the Penal Code by year's end.
    The Government's definition of security information often extended 
beyond purely military matters to encompass broader political affairs. 
In 1995 FIS officials who had been freed from detention in 1994 
received direct orders from the Justice Ministry to make no further 
public statements. This ban remained in force.
    In general journalists exercised self-censorship by not publishing 
criticism of specific senior military officials, although throughout 
the year, the press widely criticized current and retired military 
officers.
    In February two journalists were brought before the court and 
censured for reporting on security force tactics used against 
terrorists in mountainous areas. A television journalist with National 
Radio and Television (RTN) was refused accreditation without 
explanation and barred from covering October's local elections. Despite 
inquiries on his behalf by RTN and other interested parties, the 
grounds of the refusal were not made public.
    For example, in August media criticism of military spending forced 
General Lamari to appear at a press conference, brandishing his pay 
slip in defense of his salary. Media criticism of the military and its 
leadership reached a groundswell during the Government sponsored 
``Colloquium on Terrorism'' on October 26-28.
    On October 22, the editors of three major newspapers El-
    Watan, Liberte, and le Matin, were brought to court to respond to 
charges brought against them by the Ministry of Defense under the 2001 
Amendment. The El-Watan editor was charged with ``allowing'' a 
journalist on his staff to write a libelous article about the son-in-
law of Colonel Boussis, a prominent retired colonel.
    During the fall, the Ministry of Communication and Culture proposed 
a pilot study to have fledgling newspapers screened by the Ministry of 
the Interior and Ministry of Justice, as opposed to the Ministry of 
Communication and Culture as provided for under the current law. 
Journalists raised concerns that should the pilot study be promulgated 
into law, journalists' freedom of expression will be constrained and 
monitored by the Ministry of the Interior under the guise of national 
security. By year's end, the pilot study was implemented.
    In July 2001, Fawzia Ababsah, managing editor of the French-
language daily newspaper, L'Authentique, was tried in abstentia and 
sentenced to 6 months in prison for defamation of Secretary General 
Mahmoudi of the Finance Confederation (a union of financial workers). 
Under the law, a person tried in abstentia has the right to ``oppose'' 
any such decision and have the case reheard at the same level. Ababsah 
stated that she intended to oppose the finding in her case.
    According to a 1994 inter-ministerial decree, independent 
newspapers can print security information only from official government 
bulletins carried by the Government-controlled Algerian Press Service 
(APS). However, independent newspapers openly ignored the directive, 
and the trend toward increased openness about security-force activities 
continued during the year. The Government continued to provide the 
press with more information than in the past about the security 
situation. The Government-controlled press reported on terrorism in an 
increasingly straightforward and accurate manner. Unlike in previous 
years, when journalists deliberately did not report on current possible 
abuses by security forces to avoid difficulties with the Government, 
the independent press reported openly on abuses by the gendarmerie 
during the recent violence in the Kabylie region in 2001 and the 
violence surrounding this year's elections (see Sections 1.a., 1.c., 
1.d., 2.b., and 5). There also was significant coverage of NGO activity 
aimed at publicizing government abuses committed in the past.
    Other than El Moujahid, which is the official government newspaper 
and reflects the FLN party's views, there were no newspapers owned by 
political parties, although Liberte, L'Expression, L'Autentique, and 
El-Borhane continued to report from an ideological perspective. Many 
parties, including legal Islamist political parties, had access to the 
independent press, in which they expressed their views without 
government interference. Opposition parties also disseminated 
information via the Internet and in comuniques.
    In 2001 two independent newspapers (El Watan and Al-Khabbar) began 
to print in a privately run printing plant with privately obtained 
newsprint. This ended the Government's monopoly on printing companies 
and newsprint imports. However, most independent newspapers continued 
to rely on the Government for printing and paper imports. There was no 
overt use of the Government's power to halt newspaper publications 
during the year. However, an administrative notice was disseminated 
throughout the ministries in March announcing that four newspapers that 
were highly critical of the Government, Liberte, Le Matin, Le Soir, and 
El-Youm, would no longer be distributed to ministry offices.
    The Government continued to exercise pressure on the independent 
press through the state-owned advertising company. All state-owned 
companies that wished to place an advertisement in a newspaper had to 
submit the item to the advertising company, which then decided in which 
newspapers to place it. In an economy in which state companies' output 
and government services still represented approximately two-thirds of 
national income, government-provided advertising constituted a 
significant source of advertising revenue for the country's newspapers. 
Advertising companies tended to provide significant amounts of 
advertising to publications with a strong anti-Islamist editorial line 
and to withhold advertising from newspapers on political grounds, even 
if such newspapers had large readerships or offered cheap advertising 
rates.
    Radio and television remained under government control, with 
coverage favoring the Government's policies. Satellite-dish antennas 
were widespread, and millions of citizens had access to European and 
Middle Eastern broadcasting.
    Many artists, intellectuals, and university educators fled the 
country after widespread violence began in 1992; however, some 
continued to return during the year. A growing number of academic 
seminars and colloquiums occurred without governmental interference, 
including a conference on Kabylie language and culture in October. In 
May 2001, a forum on Judicial Reform was sponsored by Freedom House, 
which enjoyed wide press coverage.
    University students staged numerous small strikes early in the year 
in support of the protests in Kabylie. In April a student strike in 
Algiers shut down two universities. Launched to protest the arrest of 
over 500 persons in the Kabylie region during riots staged throughout 
the year, the universities remained closed for four days. The 
Government did not interfere in any political or economic seminars, as 
it had in the past.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of assembly; however, the 1992 Emergency Law and 
government practice sharply curtailed this right. Citizens and 
organizations must obtain permits from the appointed local governor 
before holding public meetings. The Government frequently granted 
licenses to political parties, NGOs, and other groups to hold indoor 
rallies, although licenses were frequently granted days before events 
were to take place, often impeding event publicity and outreach.
    On December 10, supporters of Arouch detainees attempted a protest 
in Algiers. Security forces increased their presence and government 
roadblocks along the road leading from Tizi Ouzou to Algiers, and 
security was heightened throughout the capital. Approximately fifty 
persons were arrested as police and security forces put down the 300-
person protest. In December a commune on the outskirts of Tizi Ouzou in 
the Kabylie banned public demonstrations.
    In response to the backlash against security force tactics used to 
put down riots in Spring 2001, the Government replaced gendarme units 
patrolling the Kabylie region this year during the summer and fall 
elections with members of the local police forces. Armed altercations 
between security forces and rioting civilians nonetheless continued 
this year, frequently resulting in death.
    In October gendarme units were deployed again to the Kabylie region 
in the days surrounding the local elections to quell anticipated civil 
unrest.
    In spring 2001, the Government used excessive force in some 
instances to put down demonstrations and riots in the largely Berber 
Kabylie region. More than 50 persons were killed, hundreds were 
injured, and a large number of persons were detained for short periods 
in connection with the violence. AI reported that security forces 
tortured, beat, and otherwise abused a number of them (see Sections 
1.a., 1.c., 1.d., and 5).
    Although the Government allowed several subsequent demonstrations 
to take place, it used force to disrupt several other demonstrations 
that were held throughout the spring and summer of 2001 and during the 
year (see Section 2.b.).
    After the April 2001 violence, the Government permitted some 
demonstrations (most of them unsanctioned) to take place. The largest 
political demonstration to take place in Algiers since 1998 concluded 
peacefully in early May 2001, in which more than 20,000 persons marched 
in protest of government actions in quelling unrest in the Kabylie 
region.
    However, the Government at times used force to disperse 
demonstrations that became violent. In late May 2001, as many as 20,000 
demonstrators marched in Algiers with the tacit approval of the 
Government. Security forces used tear gas and water cannons to break up 
the demonstrations when 600 to 700 protestors became violent, throwing 
stones at police. One month later, the Government dispersed a march of 
more than 250,000 protesters after small groups of marchers became 
violent, with tear gas and water cannons. Some protesters burned and 
destroyed property, looting a police station, a bus depot, stores, and 
businesses. In response, the Government announced a ban on 
demonstrations in the capital which remained in effect.
    Some other unlicensed groups continued to be active, including 
groups dedicated to the cause of persons who have disappeared. Such 
groups continued to hold regular demonstrations outside government 
buildings during the year.
    In November 2001, security forces in Constantine disrupted a 
demonstration by family members of persons who had disappeared. When 
the crowd of approximately 100 persons arrived at the town hall for the 
weekly demonstration, they were met by security forces who demanded 
that they disperse. When the demonstrators refused to leave, security 
forces forcibly dispersed them, reportedly using truncheons. One person 
was injured.
    The Constitution provides for the right of association; however, 
the 1992 Emergency Law and government practice severely restricted it. 
The Interior Ministry must approve all political parties before they 
may be established (see Section 3). In October President Bouteflika 
announced that the Government would consider dissolving parties that 
received less that 5 percent of the vote during the local elections. 
The Interior Minister confirmed the Government's intention to 
promulgate such a decree, despite it being in violation of the 
Constitution.
    In 2000 the Government refused to approve the Wafa Party on the 
grounds that many of its members had belonged to the outlawed FIS. The 
Government closed the Party's offices in November 2000. The Front 
Democratique, headed by former Prime Minister Sid Ahmed Ghozali, 
applied for registration in May 2000, but received no response within 
the time period specified by law for governmental decision on such 
cases (see Section 3). In March 2001, the Interior Minister stated that 
the information in the party's application was too vague and that the 
Ministry was in the process of gathering the information it needed to 
make a decision. The Front Democratique remained unlicensed throughout 
the year.
    Domestic NGOs must be licensed by the Government and the Interior 
Ministry regarded all associations as illegal unless they had licenses. 
Domestic NGOs were prohibited from receiving funding from abroad. The 
Ministry may deny a license to, or dissolve, any group regarded as a 
threat to the Government's authority, or to the security or public 
order of the State. After the Government suspended the parliamentary 
election in 1992, it banned the FIS as a political party, and the 
social and charitable groups associated with it (see Section 3). 
Membership in the FIS remained illegal, although at least one former 
FIS leader announced publicly that he intended to form a cultural youth 
group. Some unlicensed groups operated openly.

    c. Freedom of Religion.--The Constitution prohibits discrimination 
based on religious belief and the Government generally respected this 
right in practice; however, there were some restrictions. Although the 
Constitution declares Islam to be the state religion and the law 
limited the practice of other faiths; however, the Government followed 
a de facto policy of tolerance by not inquiring into the religious 
practices of individuals.
    The law prohibits public assembly for purposes of practicing a 
faith other than Islam. However, Roman Catholic churches, including a 
cathedral in Algiers (the seat of the Archbishop), conducted services 
without government interference. There were only a few smaller churches 
and other places of worship; non-Muslims usually congregated in private 
homes for religious services.
    Since Islam is the state religion, the country's education system 
is structured to benefit Muslims. Education is free to all citizens 
below the age of 16, and the study of Islam is a strict requirement in 
the public schools, which are regulated by the Ministry of Education 
and the Ministry of Religious Affairs.
    The Government monitored activities in mosques for possible 
security-related offenses and bars their use as public meeting places 
outside of regular prayer hours. The Ministry of Religious Affairs 
provided financial support to mosques and has limited control over the 
training of imams. The Ministry of Religious Affairs frequently 
appointed selected imams to mosques throughout the country, and by law 
is allowed to pre-screen religious sermons before they are delivered 
publicly. In practice, while the Government frequently reviewed 
sermons, the press reported that mosques supplanted government-
appointed imams with those that hold views more closely aligned to the 
sentiments of each mosques' adherents. The Ministry of Religious 
Affairs publicly discussed its intention to create a government-run 
school for the training of imams, charged with ensuring that all imams 
are of the highest educational caliber and present messages in line 
with government guidelines in place to stem religious fanaticism. 
However, no school was established.
    Amendments to the Penal Code in 2001 specify prison sentences and 
fines for preaching in a mosque by persons who have not been recognized 
by the Government as imams. ``Persons (including imams recognized by 
the Government) were prohibited from speaking out during prayers at the 
mosque in a manner that is ``contrary to the noble nature of the mosque 
or likely to offend the cohesion of society or serve as an apology for 
such actions.'' There were no reported cases in which the Government 
invoked the new amendments by year's end.
    Conversions from Islam to other religions were rare. Islam does not 
recognize conversion to other faiths at any age. However, the 
Constitution's provisions concerning freedom of religion prohibit any 
government sanction against conversion. Because of safety concerns and 
potential legal and social problems, Muslim converts practiced their 
new faith clandestinely. Non-Islamic proselytizing is illegal, and the 
Government restricted the importation of non-Islamic religious 
literature for widespread distribution, although not for personal use. 
Non-Islamic religious texts and music and video selections no longer 
were difficult to locate for purchase. The Government prohibits the 
dissemination of any literature portraying violence as a legitimate 
precept of Islam.
    The country's 11-year civil conflict has pitted self- proclaimed 
radical Muslims against the general Islamic population. Self-proclaimed 
``Islamists,'' or religious extremists issued public threats against 
all ``infidels'' in the country, both foreigners and citizens, and 
killed both Muslims and non-Muslims, including missionaries. The 
majority of the country's terrorist groups did not, as a rule, 
differentiate between religious and political killings.
    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 domestic 
and foreign travel, and freedom to emigrate; however, the Government at 
times restricted these rights. The Government did not allow foreign 
travel by senior officials of the banned FIS. FIS President Abassi 
Madani, who was released from prison in 1997, remained under house 
arrest (see Section 1.d.). The Government also does not permit young 
men who are eligible for the draft and who have not yet completed their 
military service to leave the country if they do not have special 
authorization; such authorization may be granted to students and to 
those persons with special family circumstances.
    The Family Code does not permit married females less than 19 years 
of age to travel abroad without their husband's permission, although 
this provision generally was not followed in practice (see Section 5).
    Under the state of emergency, the Interior Minister and the 
provincial governors may deny residency in certain districts to persons 
regarded as threats to public order. The Government also restricted 
travel into four southern provinces, where much of the hydrocarbon 
industry and many foreign workers were located, in order to enhance 
security in those areas.
    The police and the communal guards operated checkpoints throughout 
the country. They routinely stopped vehicles to inspect identification 
papers and to search for evidence of terrorist activity. They sometimes 
detained persons at these checkpoints.
    Armed groups intercepted citizens at roadblocks, often using stolen 
police uniforms and equipment in various regions to rob them of their 
cash and vehicles. On occasion, armed groups killed groups of civilian 
passengers at these roadblocks (see Section 1.a.).
    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. The Government grants 
asylum and cooperates with the office of the U.N. High Commissioner for 
Refugees (UNHCR) and other humanitarian organizations in assisting 
refugees. In 2001 the Government provided first asylum to approximately 
165,000 refugee Sahrawis, former residents of the Western Sahara who 
left that territory after Morocco took control of it in the 1970s. 
UNHCR, the World Food Program (WFP), the Algerian Red Crescent, and 
other organizations assisted Sahrawi refugees.
    The country also hosts an estimated 5,000 Palestinian refugees, 
most of whom no longer require international 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, there are limitations to this right in practice 
(see Section 2.b.). The military's continued influence in government 
matters constrained citizens from exercising this right to the fullest 
possible extent. However, the situation continued to improve, although 
factors such as voter distrust and apathy, and boycotts in the Kabylie 
region underscored continuing problems in the arena of transparent 
governance. The strong prerogatives of the executive branch, supported 
by the entrenched power of the military and the bureaucracy, inhibited 
citizens from exercising this right.
    President Bouteflika was elected in an April 1999 presidential 
election that was seriously flawed by the withdrawal 1 day before the 
election of all other candidates, who charged that the military already 
had begun to implement plans to produce a fraudulent Bouteflika 
victory. Until those allegations surfaced, the campaign was conducted 
fairly, with all candidates widely covered in both state-owned and 
private media. The conduct of the campaign--although regulated as to 
the use of languages other than Arabic, and as to the timing, location, 
and duration of meetings--was free, and all candidates traveled 
extensively throughout the country. One potential candidate was denied 
the ability to run because the electoral commission determined that he 
could not prove that he had participated in the country's war of 
independence against France, a legal requirement for candidates for 
President born before July 1942. With the withdrawal of the other 
candidates and the absence of foreign observers, it was difficult to 
make an accurate determination of turnout for the election; although it 
apparently was as low as 30 percent, the Government claimed a 60 
percent turnout. The next presidential election is scheduled for April 
2004.
    The withdrawal of six presidential candidates in 1999 amidst 
credible charges of fraud, and the election of President Bouteflika, 
highlighted the continued dominance of the military elite in the 
process of selecting the country's political leadership. This dominance 
was reportedly not as prevalent in parliamentary and local elections.
    During the year, a new electoral law was implemented, with the 
oversight of the majority of the country's political parties, to remedy 
problems in the existing election laws that permitted the Government to 
remove candidates from party lists for ``security'' reasons. Elections 
observers noted that those selected for removal were more frequently 
from Islamic parties, questioning why a judge and a professor at the 
national military academy could hold the positions they do, yet be 
considered a national security threat when running for political 
office.
    On May 30, the country held its second round of multi-party 
parliamentary elections since 1992. The elections were regarded as free 
and fair, although not problem-free. Candidates representing 23 
political parties participated, along with several independent 
candidates.
    FLN took control of the National Popular Assembly after an 11-year 
absence from power. It more than tripled its number of seats in the 
389-seat parliament, securing 199 seats in total. Two conservative 
Islamic parties, Islah and Movement of the Society for Peace (MSP) 
share control of 81 seats, the second largest bloc in the governing 
body. The Kabylie-based Rally Democratic Culture (RCD) boycotted the 
vote, and urged supporters to support its contention that the election 
was an outright sham.
    Voter turnout of 46 percent was the lowest since the country's 
independence. Problems were reported by credible sources at some 
polling stations, notably ballot envelopes filled with positive votes 
for the FLN. The Kabylie region launched a sometimes violently enforced 
boycott to protest the lack of transparency, increased corruption, and 
overt discrimination against Amazigh parties and candidates, 
successfully limiting the vote to 15 percent in some regions and 7 
percent in Tizi Ouzou. In response to the protagonists of the boycott's 
use of force to block voting from occurring in the region while the 
boycott was in place, the Minister of the Interior publicly stated 
prior to the elections that votes would be cast in all voting 
locations.
    Local elections on October 10 saw further boycotts by residents in 
the Kabylie region, with many protests leading to violent 
confrontations with the police. On October 5, the Arouch Citizen's 
Movement organized a general strike in order to reject the upcoming 
local elections. Riots and confrontations with security forces ensued, 
of which many were violent. Police arrested and detained Arouch (Berber 
political movement) leader Belaid Abrika, his attorneys, and other 
leaders of the ``Movement of Citizens'' while attempting to follow the 
court proceedings of Kabylie residents arrested during the riots. On 
October 15, Abrika was charged with inciting violence and held on a 4 
month renewable basis until his trial (see Section 1.d.). Strikes, sit-
ins, and demonstrations around the Court of Justice in Tizi Ouzou 
protested the arrests and continued throughout the remainder of the 
year.
    Under the Constitution, the President has the authority to rule by 
decree in special circumstances. The President subsequently must submit 
to the Parliament for approval decrees issued while the Parliament is 
not in session. The President did not exercise such authority during 
the year. The Parliament has a popularly elected lower chamber, the 
National Popular Assembly and an upper chamber, the National Council, 
two-thirds of whose members are elected by municipal and provincial 
councils. The President appoints the remaining one-third of the 
National Council's members. Legislation must have the approval of 
three-quarters of both the upper and lower chambers' members. Laws must 
originate in the lower chamber.
    Since 1997 the law requires that potential political parties 
receive official approval from the Interior Ministry before they may be 
established. To obtain approval, a party must have 25 founders from 
across the country whose names must be registered with the Interior 
Ministry. Two parties, Wafa and Front Democratique, have failed to 
receive registration. In October President Bouteflika announced that 
the Government would consider dissolving parties that received less 
that 5 percent of the vote during the local elections. The Interior 
Minister confirmed the Government's intention to promulgate such a 
decree, despite it being in violation of the Constitution. No party may 
use religion, Amazigh heritage, or Arab heritage as a basis of 
organizing for political purposes. The law also bans political party 
ties to nonpolitical associations and regulates party financing and 
reporting requirements.
    The more than 30 existing political parties represent a wide 
spectrum of viewpoints and are engaged in activities that ranged from 
holding rallies to issuing communiques. The Government continued to ban 
the FIS as a political party (see Section 2.b.). In 2001 the Interior 
Minister stated that the information in the Front Democratique's 
application for recognition, which was filed in May 2000, was too 
vague, and that the Ministry was in the process of gathering the 
information it needed to make a decision. The party's application 
remained pending at year's end. With the exception of the FLN and the 
formerly governing National Democratic Rally (RND), political parties 
sometimes encountered difficulties with local officials who hindered 
their organizational efforts such as access to public venues and 
permits for assembly. While opposition parties' access to state-
controlled electronic media remained limited, opposition party leaders 
increasingly were permitted to represent their views on television and 
on the radio, even those views directly critical of the Government. 
This year, for the elections, there was an equal division of air time 
for political parties. Televised parliamentary debates aired uncensored 
and allowed all parties access to the electronic media. The independent 
press also publicized their views.
    The new Cabinet, named in June, had five female members. Twenty 
four of the 389 members of the lower house of Parliament are women. The 
upper house had seven female members. This was an increase of 45 
percent and 14 percent respectively, from last year. The spokesperson 
for the Benflis government was a woman. During both sets of the 
elections that occurred this year, female candidates could be found on 
the top tiers of lists; this remained true for both RND and the 
Islamic-leaning party of Islah. In September 1999, President Bouteflika 
appointed the first female provincial governor. A woman headed the 
Workers' Party, and all the major political parties except one had 
women's divisions headed by women.
    The ethnic Berber minority of about 9 million centered in the 
Kabylie region participated freely and actively in the political 
process in the past. However, Berber protests and boycotts surrounding 
the May and October elections underscored the economic and social 
neglect felt by many in this community, which made up nearly one third 
of the overall population. From April 2001 through the remainder of the 
year, the Berber held a series of demonstrations, some violent; 
security forces in some instances put down violent demonstrations with 
excessive force (see Sections 1.a., 1.c., 1.d., and 2.b.).
    Two major opposition parties originated in the Berber-populated 
region of the country: the Socialist Forces Front and the Rally for 
Culture and Democracy. These two parties represented Amazigh political 
and cultural concerns in the Parliament and the media. The two Berber-
based parties were required to conform with the 1997 changes to the 
Electoral Law that stipulated that political parties must have at least 
25 founders from across the country. Both parties dropped out of 
parliament in protest of human rights violations in the Kabylie region 
earlier in the year.
    The Touaregs, a people of Amazigh origin, played an important role 
in politics despite their small numbers, particularly in the South and 
along the border regions where they remained the dominant ethnic group.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The most active independent human rights group was the Algerian 
League for the Defense of Human Rights (LADDH), an independent 
organization that had members throughout the country. The LADDH was not 
permitted access to government officials for human rights and advocacy 
or research purposes, or to prisons, except as under the normal 
consultations allowed between a lawyer and a client. The less active 
Algerian League for Human Rights (LADH) was an independent organization 
based in Constantine. The LADH had members throughout the country who 
followed individual cases. Human rights groups reported occasional 
harassment by government authorities in the form of obvious 
surveillance and monitoring of telephone service (see Section 1.f.).
    The Government allowed visits by international NGOs since loosening 
its ban on such visits prior to 2000. Monitoring trips have occurred at 
the invitation of the Government and the majority of groups were 
allowed to move about freely. During the year, Human Rights Watch 
(HRW), International Red Cross/Red Crescent (ICRC), and Reporters 
without Borders have all been allowed to visit the country. Although an 
Amnesty Algeria office was established in Algiers in 1999, AI was not 
permitted access to the country since November of 2000. The 
organization also claimed that the Government was staging 
demonstrations opposing 2000 AI visit. Freedom House, after criticizing 
the Government in late December for continued human rights abuses, also 
incurred visa difficulties. In 2001 the Rights Consortium, a combined 
effort of Freedom House, the International Center for Journalists, and 
the American Bar Association, visited the country in January, February, 
and May.
    Doctors Without Borders requested visas to visit the Kabylie region 
in June of 2001. Their requests were denied because the Government 
maintained that the country's medical system was sufficient to handle 
the demand for medical care. The Government had not responded 
positively to requests for visits from the U.N. Working Group on 
Enforced or Involuntary Disappearances, the U.N. Special Rapporteur on 
Torture and the U.N. Special Rapporteur on Extrajudicial Executions. 
However, the UN Rapporteur on the Freedom of Religion was allowed to 
visited the country in September.
    The National Observatory for Human Rights (ONDH) was established by 
the Government in 1992 to report human rights violations to the 
authorities; however, in February President Bouteflika announced the 
creation of a new Human Rights Commission to replace the ONDH and the 
national Human Rights Ombudsman. The new National Consultative 
Commission for the Protection and Promotion of Human Rights was 
formally established in October 2001. The Commission is made up of 45 
members, 22 of whom belong to governmental bodies and 23 of whom come 
from civil society and NGOs. The nongovernmental members include 
representatives of Islamic religious organizations, the Red Crescent 
Society, and women's rights advocacy groups. The President approves 
nominees, and the Commission's budget and secretariat (which the 
Government says will be ``independent'') come from his office. The 
Commission reports on human rights issues, coordinates with police and 
justice officials, advocates domestic and international human rights 
causes, mediates between the Government and the population, and 
providing expertise on human rights issues to the Government. Domestic 
NGOs must be licensed by the Government and are prohibited from 
receiving funding from abroad, although they may receive in-kind 
donations. Some unlicensed NGOs operated openly.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution prohibits discrimination based on birth, race, 
sex, belief, or any other personal or social condition; however, women 
continued to face legal and social discrimination.

    Women.--Women's rights advocates assert that spousal abuse was 
common, but there were no reliable statistics regarding its extent. 
Spousal abuse was more frequent in rural than urban areas and among 
less-educated persons. There are no specific laws against spousal rape. 
Rape is illegal, and in principle a spouse could be charged under the 
law. However, there are strong societal pressures against a woman 
seeking legal redress against her spouse for rape, and were no reports 
of the law being applied in such cases. Battered women must obtain 
medical certification of the physical effects of an assault before they 
lodge a complaint with the police. However, because of societal 
pressures, women frequently were reluctant to endure this process. 
There were few facilities offering safe haven for abused women. Two 
prominent associations for women that have received recognition by the 
Government and international community in the country are SOS Femme en 
Detresse and SOS Femme Batus. Women's rights groups experienced 
difficulty in drawing attention to spousal abuse as an important social 
problem, largely due to societal attitudes. There were several rape-
crisis centers run by women's groups, but they had few resources.
    During the year, extremists sometimes specifically targeted women. 
There were incidents of women and girls being kidnaped by terrorist 
groups for the purposes of rape and servitude during the year. One rape 
crisis center specializes in caring for women who are victims of rape 
by terrorists (see Sections 1.b., 6.c., and 6.f.). In July 2001, a 
group of young men raided a shantytown area near the oil town of Hassi- 
Messaoud, raping and seriously wounding dozens of single women who 
lived there. The violence was incited by an imam who accused the women 
of prostitution and questioned why they were working while men in the 
town were unemployed.
    Also in July a similar attack took place in the area of Tebessa, a 
trading center east of Algiers. Trials were held for both incidents 
this year, with prison sentences meted out in each case.
    Prostitution for economic reasons was a growing problem, despite 
being prohibited by law.
    A cabinet level position for the Female Condition and Family was 
established during the year. However, no changes were made in the 
family code. Some aspects of the law and many traditional social 
practices discriminated against women. The 1984 Family Code, which was 
based in large part on Shari'a, treated women as minors under the legal 
guardianship of a husband or male relative. Under the family code 
Muslim women are prevented from marrying non-Muslims, although this 
regulation was not always enforced. The code does not restrict Muslim 
men from marrying non-Muslim women. Under both Shari'a and civil law, 
children born to a Muslim father are Muslim, regardless of the mother's 
religion. Divorce was difficult for a wife to obtain except in cases of 
abandonment or the husband's conviction for a serious crime. Husbands 
generally obtained the right to the family's home in the case of 
divorce. Custody of the children normally is awarded to the mother, but 
she may not enroll them in a particular school or take them out of the 
country without the father's authorization. Only males are able to 
confer citizenship on their children. Muslim women are prohibited from 
marrying non-Muslims; Muslim men may marry non-Muslim women.
    The Family Code also affirmed the Islamic practice of allowing a 
man to marry up to four wives, although this rarely occurs in practice. 
A wife may sue for divorce if her husband does not inform her of his 
intent to marry another woman prior to the marriage.
    Women suffered from discrimination in inheritance claims; in 
accordance with Shari'a, women are entitled to a smaller portion of an 
estate than are male children or a deceased husband's brothers. 
According to Shari'a, such a distinction is justified because other 
provisions require that the husband's income and assets are to be used 
to support the family, while the wife's remain, in principle, her own. 
However, in practice women did not always have exclusive control over 
assets that they bring to a marriage or income that they earn 
themselves. Married females under 19 years of age may not travel abroad 
without their husbands' permission (see Section 2.d.). Women may take 
out business loans and use their own financial resources.
    In its 2000 report, the International Labor Organization (ILO) 
Committee of Experts (COE) noted that the Government stated that, 
despite equality between men and women in law and regulation, in 
practice women still were confronted with discrimination in employment 
resulting from societal stereotypes. Leaders of women's organizations 
reported that discriminatory violations were common. Labor Ministry 
inspectors did little to enforce the law.
    Social pressure against women pursuing higher education or a career 
was much stronger in rural areas than in major urban areas. Over the 
past 2 years, women made up more than half of the university student 
population. Women constituted only 10 percent of the work force. 
Nonetheless, women may own businesses, enter into contracts, and pursue 
careers similar to men's careers. About 25 percent of judges were 
women, a percentage that has been growing in recent years. President 
Bouteflika's changes to the judiciary in 2001 increased the number of 
courts headed by women. Whereas women previously only headed a few 
courts, women at year's end headed 26 (see Section 1.e.).
    There were numerous women's rights groups, although the size of 
individual groups was small. Their main goals were to foster women's 
economic welfare and to amend aspects of the Family Code.

    Children.--The Government provides free education for children 
through the university system. More than 85 percent of children 
completed the ninth grade. Boys and girls generally received the same 
treatment in education, although girls were slightly more likely to 
drop out for financial reasons in rural areas. The girls were then sent 
to vocational training schools deemed more practical for their economic 
situation.
    The Government provided free medical care for all citizens-albeit 
in often rudimentary facilities. The Ministry of Youth and Sports had 
programs for children, but such programs faced serious funding problem.
    Child abuse was a problem. However, a system for reporting actual 
or suspected child abuse existed nationwide in the country's school 
systems. Hospitals treat numerous child-abuse cases every year, but 
many cases go unreported. Laws against child abuse have not led to 
notable numbers of prosecutions. NGOs that specialized in care of 
children cited an increase in domestic violence aimed at children, 
which they attributed to the ``culture of violence'' developed during 
the years since 1992 and the social dislocations caused by the movement 
of rural families to the cities to escape terrorist violence. Children 
often were the victims of terrorist attacks.
    Economic necessity compelled many children to resort to informal 
employment, such as street vending (see Section 6.d.).

    Persons with Disabilities.--The Government did not mandate 
accessibility to buildings or government services for persons with 
disabilities. Public enterprises, in downsizing the work force, 
generally ignored a law that requires that they reserve 1 percent of 
their jobs for persons with disabilities. Social security provided for 
payments for orthopedic equipment, and some NGOs received limited 
government financial support.

    National/Racial/Ethnic Minorities.--The Amazigh are an ethnic 
minority centered in the Kabylie region. Amazigh nationalists sought to 
maintain their own cultural and linguistic identity in the face of the 
Government's continued Arabization program. Despite a declaration by 
President Bouteflika in 1999 stating that Amazigh would never be a 
recognized language, in April the Government recognized Amazigh as a 
national language. The law requires that Arabic be the official 
language for use in official documents. Two government television 
stations had a regular news program in Amazigh, and one of the 
Government radio stations broadcasted entirely in that language. As 
part of the national charter signed in 1996, the Government and several 
major political parties agreed that the Amazigh culture and language 
were major political components of the country's identity. There were 
professorships in Amazigh culture at the University of Tizi Ouzou. 
Amazighs held influential positions in government, the army, business, 
and journalism.
    The Tuaregs, a people of Amazigh origin, played an important role 
in politics despite their small numbers, particularly in the hydro-
carbon rich South and along the border regions where they remained the 
dominant ethnic group.

Section 6. Worker Rights

    a. The Right of Association.--Workers are required to obtain 
government approval to establish a union, and the Government may 
invalidate a union's legal status if its objectives are determined to 
be contrary to the established institutional system, public order, good 
morals or the laws or regulations in force. There were no legal 
restrictions on a worker's right to join a union.
    About two-thirds of the labor force belonged to unions. There is an 
umbrella labor confederation, the General Union of Algerian Workers 
(UGTA) and its affiliated entities, which dates from the era of a 
single political party. The UGTA encompasses national unions that are 
specialized by sector. There are also several autonomous unions.
    The 1990 law on labor unions requires the Labor Ministry to approve 
a union application within 30 days. The Autonomous Unions Confederation 
(CSA) has attempted since early 1996 to organize the autonomous unions, 
but without success. The CSA continued to function without official 
status.
    Unions may form and join federations or confederations, affiliate 
with international labor bodies, and develop relations with foreign 
labor groups. For example, the UGTA is a member of the International 
Confederation of Free Trade Unions (ICFTU). However, the law prohibits 
unions from associating with political parties and also prohibits 
unions from receiving funds from foreign sources. The courts were 
empowered to dissolve unions that engaged in illegal activities.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining for all unions, and the Government 
permitted this right in practice. The law prohibits discrimination by 
employers against union members and organizers, and provides mechanisms 
for resolving trade union complaints of antiunion practices by 
employers. It also permits unions to recruit members at the workplace.
    Under states of emergency, on-going since the Government was 
empowered to require workers in both the public and private sectors to 
stay at their jobs in the event of an unauthorized or illegal strike. 
According to the 1990 Law on Industrial Relations, workers may strike 
only after 14 days of mandatory conciliation or mediation. The 
Government on occasion offered to mediate disputes. The law states that 
decisions reached in mediation are binding on both parties. If no 
agreement is reached in mediation, the workers may strike legally after 
they vote by secret ballot to do so. A minimum level of public services 
must be maintained during public sector service strikes.
    Despite a law in effect requiring all public demonstrations, 
protests, and strikes to receive government authorization prior to 
commencement, ``unauthorized'' strikes and gatherings occurred 
throughout the year with retaliation by the Government or security 
forces. The 2001 ban on marches in the capital of Algiers remained in 
effect.
    During the year, the ILO Committee of Experts requested the 
Government to take steps through legislation to ensure that no 
provisions of Legislative Decree 92-03 were applied against workers 
peacefully exercising the right to strike. The decree defines as 
subversive acts, or acts of terrorism, offenses directed against the 
stability and normal functioning of institutions through any action 
taken with the intention of ``obstructing the operation of 
establishments providing public service'' or of ``impeding traffic or 
freedom of movement in public places.'' The Government claimed that the 
Decree was not directed against the right to strike or the right to 
organize and has never been used against workers exercising the right 
to strike peacefully.
    A 3-month nationwide strike for higher wages by university 
professors was resolved in September, having been preceded by a 2-day 
strike in February. A strike begun in May by the Federation of 
Educational Workers (FNTE) was not resolved by year's end. On October 
22, health sector workers protested poor working conditions and 
insufficient wages. The media reported on plans for strikes within the 
courts of the capital, strikes by labor unions, and further strikes 
within municipality buildings organized by the Arouch.
    In October members of the Arouch Citizen's Movement organized 
strikes within municipal buildings to protest the arrest of Citizen 
Movement Members and supporters as they tried to monitor the trials of 
Kabylie detainees (see Section 1.a.). A ``Youth Strike'' ricocheted 
across the country throughout August and September protesting economic 
disenfranchisement and dwindling employment opportunities.
    The Government established an export-processing zone in Jijel. 
Workers in the Export Processing Zone have the same rights as other 
workers in the country.

    c. Prohibition of Forced or Bonded Labor.--Forced or bonded labor 
is incompatible with the Constitution's provisions on individual 
rights, and the Penal Code prohibits compulsory labor, including forced 
or bonded labor by children. While the Government generally enforced 
the ban effectively, armed terrorist groups reportedly kidnaped young 
women and girls, and held them captive for weeks at a time, during 
which group members raped them and forced them into servitude (see 
Sections 1.b., 5, and 6.f.).
    The ILO's Committee of Experts noted in 2000 that the law that 
requires persons who have completed a course of higher education or 
training to perform a period of service of between 2 and 4 years in 
order to obtain employment or work in an occupation, was not compatible 
with relevant ILO conventions dealing with forced labor. The Committee 
stated that it had been urging the Government for many years to cease 
imposing prison labor to rehabilitate persons convicted for expressing 
certain political views.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The minimum age for employment is 16 years. Inspectors 
from the Ministry of Labor supposedly enforced the minimum employment 
age by making periodic or unannounced inspection visits to public 
sector enterprises. They did not enforce the law effectively in the 
agricultural or private sectors. UNICEF reported in October 2001 that 
approximately 5 percent of children worked in some capacity. There was 
no child labor reported in the industrial sector; however, economic 
necessity compelled many children to resort to informal employment (see 
Section 5).

    e. Acceptable Conditions of Work.--The law defines the overall 
framework for acceptable conditions of work but leaves specific 
agreements on wages, hours, and conditions of employment to the 
discretion of employers in consultation with employees. The Government 
fixed by decree a monthly minimum wage for all sectors; however, this 
was not sufficient to provide a decent standard of living for a worker 
and family. The minimum wage was approximately $105 (8,000 dinars) per 
month. Ministry of Labor inspectors were responsible for ensuring 
compliance with the minimum wage regulation; however, their enforcement 
was inconsistent.
    The standard workweek was 37.5 hours. Workers who worked beyond the 
standard workweek received premium pay on a sliding scale from ``time 
and a half'' to ``double time,'' depending on whether the overtime was 
worked on a normal work day, a weekend, or a holiday.
    There were well-developed occupation and health regulations 
codified in the law, but government inspectors did not enforce these 
regulations effectively. There were no reports of workers being 
dismissed for removing themselves from hazardous working conditions. 
Because employment generally was based on very detailed contracts, 
workers rarely were subjected to conditions in the workplace about 
which they were not previously informed. If workers were subjected to 
such conditions, they first could attempt to renegotiate the employment 
contract and, that failing, resort to the courts. The high demand for 
employment in the country, however, gave the advantage to employers 
seeking to exploit employees.

    f. Trafficking in Persons.--The law does not prohibit specifically 
trafficking in persons. There were incidents of women and girls being 
kidnaped by terrorist groups for the purposes of rape and servitude 
during the year (see Sections 1.b., 5, and 6.c.).
                               __________

                                BAHRAIN

    On February 14, the country became a monarchy with a Constitution 
that reinstated a legislative body, one of whose chambers is elected. 
The new Constitution also confirmed the King as hereditary ruler and 
strengthened royal executive authority. According to the National 
Action Charter, the King is the head of the three branches of 
government: the executive, legislative, and judicial. The Constitution 
gives the elected Council of Deputies a role in considering 
legislation, but most legislative authority still resides with the King 
and he appoints members of the Shura (Consultative) Council. The King 
chairs the Higher Judicial Council.
    The Al-Khalifa extended family has ruled the country since the late 
18th century and continued to dominate all facets of its society and 
government. The King, Shaikh Hamad Bin Isa Al-Khalifa, governs the 
country with the assistance of his uncle, the Prime Minister; his son, 
the Crown Prince; and an appointed cabinet of ministers. Members of the 
Al-Khalifa family hold 9 out of 24 cabinet positions, including all 
``strategic ministries.'' The partially elected National Assembly 
consists of a Council of Deputies and an appointed Consultative 
Council. The courts were subject to government pressure and occasional 
accusations of corruption, and there have been very few instances of 
people trying to bring cases against the Government. However, the 
courts have ruled against the Government in the past.
    Citizens belong to the Shi'a and Sunni sects of Islam, with the 
Shi'a constituting approximately two-thirds of the indigenous 
population. However, Sunnis predominate politically and economically 
because the ruling family is Sunni and is supported by the armed 
forces, the security services, and influential Sunni and Shi'a merchant 
families who benefit from a relatively open economy under the Al-
Khalifas. Apart from violent demonstrations in April, there were few 
incidents of political unrest and there has not been prolonged unrest 
since 1996. In May slightly more than half of the country's eligible 
voters, both men and women, participated in the first elections in more 
than a quarter of a century, electing members of municipal councils 
and, in October, electing 40 members of the Council of Deputies.
    The Ministry of Interior was responsible for public security. It 
controlled the public security force (police) and the extensive 
security service, which were responsible for maintaining internal 
order. The Bahrain Defense Force (BDF) was responsible for defending 
against external threats. It also monitored the internal security 
situation. The security forces committed a few serious human rights 
abuses during the year.
    The country has a population of approximately 650,000, an estimated 
one-third of whom are noncitizens, many of whom are Asian workers. It 
has a mixed economy, is a regional financial and business center, and 
depends on tourism from Saudi Arabia.
    The Government generally respected the human rights of its citizens 
in a number of areas and improved significantly in other areas, 
particularly concerning respect for political rights; however, its 
record remained poor in other areas, particularly with respect to 
impunity of government officials and the independence of the judiciary. 
The Government denied citizens the right to change their government; 
however, the election of the Council of Deputies should be a 
significant step forward in improving citizens' ability to effect 
change in their government.
    All remaining political prisoners were freed and all exiles 
officially allowed to return in 2001. Although more than 1000 persons 
still faced problems obtaining proper documentation during the year, 
the Government managed to resolve these problems and issued the 
appropriate documents by the end of the year. The Government also 
assisted in the return of approximately 300 persons that had been 
forced into exile in the past decades.
    Impunity remained a problem, and there were no known instances of 
security forces personnel being punished for abuses of authority 
committed during the year or in the past; however, according to the 
Interior Ministry, its Disciplinary Court convicted a total of 25 
police officers during the year and in 2001 for criminal activities. 
Some were incarcerated. The Interior Ministry also referred 77 
additional cases to the Ministry of Justice for prosecution. Under the 
new Constitution, the judiciary is nominally independent, but it still 
remained subject to government pressure. The press published credible 
allegations that some judges were corrupt. The Government continued to 
infringe to some extent on citizens' privacy rights.
    The Government imposed some restrictions on the freedoms of speech 
and the press, and restricted freedoms of assembly and association. 
These restrictions increased during the first half of the year. The 
founding of the country's first independent newspaper in September 
marked an improvement for freedom of the press. The Government also 
imposed some limits on freedom of religion and freedom of movement. In 
July the Government registered the Bahrain Center for Human Rights, the 
country's second human rights NGO. Violence against women and 
discrimination based on sex, religion, and ethnicity remained problems. 
The promulgation in September of a law on unions, which gave workers 
for the first time the right to organize and bargain collectively, was 
a significant improvement in the rights of workers. This and other 
legislation also improved the legal status of foreign workers. Abuse of 
foreign workers occurred, including numerous instances of forced labor 
and some instances of trafficking. Bahrain 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, authorities used rubber bullets 
to disperse a demonstration resulting in the death of a demonstrator. 
The Government established a committee to investigate the incident, but 
the committee had not presented evidence or reached conclusions at 
year's end (see Section 2.b.).

    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 cruel, inhuman, or 
degrading treatment or punishment; however, there were some reports of 
police abuse of civilians during the year. On April 5, during 
demonstrations near a diplomatic mission, in an effort to disperse a 
violent demonstration, riot police struck a citizen with a rubber 
projectile, resulting in his death (see Section 2.b.).
    During demonstrations on April 10, police beat a human rights 
activist who had asked them to stop beating a prostrate demonstrator. 
The Undersecretary of the Interior promised to investigate the incident 
and punish the officers responsible. In October the Ministry of 
Interior reportedly concluded that the incident was the ``natural 
result'' of interfering with police work. The process leading to this 
conclusion was not disclosed. There were no indications that any 
officers were punished.
    In May Department of Military Intelligence (DMI) officers 
reportedly kidnaped Jassim Ahmed Salman and beat him for 2 hours in 
retaliation for Salman's participation in an assault on a DMI officer 
during a small demonstration in May near a diplomatic mission. There 
were no reports that the Government investigated this case or punished 
those involved (see 1.d.).
    On December 11, lawyers for eight citizens made allegations against 
former Colonel Adil Jassim Flaifel for routinely engaging in torture 
and ill-treatment of prisoners. According to Amnesty International 
(AI), the general prosecutor in the Legal Affairs Bureau did not 
acknowledge receipt of the complaint. He asserted that the general 
amnesty issued by the King in February 2001 and reaffirmed in October 
applied to government employees as well as regular citizens.
    In 2001 two Shi'a men reported that the police detained and beat 
them. Although one of the men admittedly sought the confrontation with 
the police, the police illegally arrested them without a court-issued 
warrant (see Section 1.d.).
    In the past, there were credible reports that prisoners often were 
tortured and subjected to cruel, inhuman, or degrading treatment. 
Before the annulment of the State Security Act in February 2001, the 
Government had difficulty in rebutting allegations of torture and of 
other cruel, inhuman, or degrading practices because it permitted 
incommunicado detention and detention without trial. There continued to 
be credible reports of prisoners being beaten and mishandled. 
Government officials and human rights activists stated that these 
practices resulted more from poor police training and lax supervision 
rather than from a systematic, extrajudicial effort to punish suspects. 
There continued to be no known instances of officials being punished 
for human rights abuses committed either during the year or in any 
previous year.
    There were no allegations that security forces threatened female 
detainees with rape or inflicted other forms of sexual abuse and 
harassment on them while they were in custody.
    The prisons generally met international standards. Women prisoners 
were housed separately from men, and juveniles were housed separately 
until the age of 15. The last visit of the International Committee of 
the Red Cross (ICRC) to monitor prisons was in 2001, when the last of 
the country's political prisoners were freed.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution states 
that ``no person shall be arrested, detained, imprisoned, searched or 
compelled to reside in a specified place except in accordance with the 
provisions of the law and under the supervision of the judicial 
authorities.'' The authorities generally observed these provisions in 
practice, although there was a report of a case where security 
officials detained a citizen without a legal warrant. In May DMI 
officers allegedly detained and beat Jassim Ahmed Salman (see Section 
1.c.).
    In another incident in December 2001, which was reported to the 
police in January, two Shi'a youths said they had been held by police 
for 2 days without being charged. The victims were released within the 
48-hour time period that the law allows police to hold suspects without 
a court order. There were no reports of government investigations into 
these incidents (see Section 1.c.).
    Since the 2001 abolition of the State Security Act, courts refused 
police requests to detain suspects longer than 48 hours, and the police 
complied with court orders to release suspects. Judges may grant bail 
to a suspect. However, attorneys still require a court order to visit 
detainees in jail.
    The Ministry of Justice is responsible for public prosecutors, 
while the Ministry of Interior oversees the police and all aspects of 
prison administration. Access to attorneys was restricted; in the early 
stages of detention, prisoners and their attorneys must seek a court 
order to be able to meet. Prisoners may receive visits from family 
members, usually once a month.
    The Constitution prohibits forced exile, and there were no reports 
of new cases of forced exile during the year. All remaining political 
prisoners were freed, and all exiles officially allowed to return in 
2001. Although more than 1000 persons in the country faced problems 
obtaining proper citizenship documentation during the year, the 
Government managed to resolve these problems and issued the appropriate 
documents by the end of the year. The Government also assisted in the 
return of some 300 persons that had been forced into exile in the past 
decades (see Sections 4 and 5).
    The Constitution prohibits stripping a person of nationality except 
in cases of treason and other such cases as prescribed by the law. In 
the past, the Government revoked the citizenship of persons whom it 
considered to be security threats. There were no reports of such 
actions during the year.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary was not independent, and 
courts were subject to government pressure regarding verdicts, 
sentencing, and appeals. In past cases, the King, the Prime Minister, 
and other senior government officials lost civil cases brought against 
them by private citizens; however, the court-ordered judgments were not 
always implemented expeditiously. Members of the ruling Al-Khalifa 
family were well represented in the judiciary and generally did not 
recuse themselves from cases involving the interests of the Government.
    According to the new Constitution, the King appoints all judges by 
Royal Decree. Once appointed, judges are civil servants who may work 
for the Government until the mandatory age of retirement (60 years). 
The King also serves as chairman of the Supreme Judicial Council, the 
body responsible for supervising the work of the courts and the Public 
Prosecution office. The Constitution does not provide a legislative 
branch confirmation process for judicial appointees nor does it 
establish an impeachment process. Article 106 provides for the 
establishment of a Constitutional Court to rule on the 
constitutionality of laws and statutes. The King appoints all judges of 
this special court by Royal Decree. They serve 9-year terms and cannot 
be removed before their terms expire. The King may present draft laws 
to this court before their implementation to determine the extent of 
their agreement with the Constitution, providing rudimentary judicial 
review. The Court's determination is ``binding on all state authorities 
and on everyone.''
    The civil and criminal legal systems consisted of a complex mix of 
courts, based on diverse legal sources, including Sunni and Shi'a 
Shari'a (Islamic law), tribal law, and other civil codes and 
regulations. The King's annulment of the 1974 State Security Act 
abolished its separate, closed security court system, which had 
jurisdiction in cases of alleged antigovernment activity.
    The BDF maintained a separate court system for military personnel 
accused of offenses under the Military Code of Justice. The Ministry of 
Interior had a similar system for trying police officials. Neither 
court reviewed cases involving civilian, criminal, or security 
offenses.
    Defendants may choose their own attorneys. If they are unable to 
afford a private attorney, defendants may ask the Justice Ministry to 
appoint an attorney to represent them in court. In the past, some 
attorneys and family members involved in politically sensitive criminal 
cases claimed that the Government interfered with court proceedings to 
influence the outcome or to prevent judgments from being carried out; 
however, there were no such reports during the year. There were 
allegations of corruption in the judicial system.
    Civil or criminal trial procedures provided for an open trial, the 
right to counsel (with legal aid available when necessary), and the 
right to appeal. Criminal court proceedings generally did not appear to 
discriminate against women, children, or minority groups. Prior to the 
annulment of the State Security Act in February 2001, there was 
credible evidence that persons accused of anti-government crimes who 
were tried in the criminal courts were denied fair trials. Such trials 
were held in secret, and the defendants were not permitted to speak 
with an attorney until their appearance before the judge at the 
preliminary hearing. The annulment of the State Security Act also 
abolished the State Security Court, which had tried security cases in 
secret.
    There were no reports of political prisoners during the year. In 
mid-February 2001, the King pardoned and released all political 
prisoners and detainees. Until that time, the Government held in 
detention hundreds of Shi'a for offenses involving ``national 
security.'' In accordance with tradition, the Government releases and 
grants amnesty to some prisoners on major holidays.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for freedom from arbitrary 
interference with privacy, home, and correspondence except under the 
provisions of law and under judicial supervision. Nonetheless, the 
Government continued to infringe on citizens' right to privacy, 
although such reports declined significantly during the year. The 
Government continued to carry out some illegal searches. Telephone 
calls and personal correspondence remained subject to monitoring. 
Police informer networks were extensive and sophisticated.
    There were no reports during the year of security forces setting up 
checkpoints at the entrances to villages, conducting vehicle searches, 
and requiring proof of identity from anyone seeking to enter or exit. A 
government-controlled proxy prohibited user access to Internet sites 
considered to be antigovernment or anti-Islamic, but these restrictions 
were often circumvented (see Section 2.a.).

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The new Constitution provides for 
the right to express and publish opinions ``under the rules and 
conditions laid down by law, provided that the fundamental beliefs of 
Islamic doctrine are not infringed, the unity of the people is not 
prejudiced, and discord or sectarianism is not aroused.'' In practice, 
the Government limited this right, particularly in the media. However, 
the establishment of an independent newspaper in September helped 
expand the freedom of the press.
    Local press coverage and commentary on international issues was 
open, and discussion of local economic and commercial issues also was 
relatively unrestricted. Representatives from the Information Ministry 
actively monitored and blocked local stories on sensitive matters, 
especially those fostering sectarianism or criticizing the royal 
family, and journalists practiced self-censorship. The new independent 
Arabic daily Al-Wasat's coverage that criticized some government 
policies and actions encouraged other papers to attempt to improve 
their coverage on these matters. Al-Wasat's introduction, and the 
competition it engendered with the established press, improved the 
press climate noticeably.
    Throughout the year, press censorship on sensitive issues was more 
apparent than in 2001, but the press remained more open than before the 
reforms of 2000. Since 2000, the press covered controversial issues 
such as criticism of government policies, discussion of sectarian 
issues, unemployment, and housing more freely than before. However, 
criticism of the ruling family and the Saudi ruling family and 
fostering sectarian divisions remained largely prohibited.
    In January the ``Emergency Matters Court'' overturned the 
Information Ministry's October 2001 decision to ban the publications of 
Hafidh Al-Shaikh, a frequent columnist in local newspapers. The 
Information Ministry accused Al-Shaikh of fostering sectarian divisions 
in society, but Al-Shaikh and others claimed that an article he 
published in a Lebanese newspaper criticizing the country's Crown 
Prince was the reason for this banning. The Government chose not to 
appeal the court's decision and Al-Shaikh continued to write and 
publish.
    The decision by four political societies to boycott the October 24 
legislative election did not appear in any of the local papers while 
London-based Al-Hayat, available at newsstands throughout the country, 
gave the story front-page coverage. When the story did appear in the 
local newspapers days later, coverage of the decision and its 
announcement at a press conference was pale and conveyed a strong 
progovernment slant. However, by October political discussion of the 
boycott was extensive in Al-Wasat.
    In November local media received instructions to avoid commenting 
on the alleged human rights abuses of a former security official, Adel 
Jassim Flaifel, who had fled the country because of alleged financial 
misdeeds. However, some journalists published general statements about 
these allegations. Many articles discussed the lawsuits connected with 
Flaifel's alleged financial misdeeds in the country and in Australia. 
By December there was detailed reporting on specific allegations of 
human rights abuses by Flaifel (see Section 1.c.).
    In November the Government issued Royal Decree number 47, a new law 
governing the press. Article 1 of the new law states: ``Everyone has 
the right to express his views and to publish them.'' The rest of the 
law, which consists of 24 pages and 96 articles, devotes itself largely 
to placing restrictions on these ``rights.'' Other articles allow 
prison sentences for three general categories of offenses: criticizing 
the State's official religion, criticizing the King, and inciting 
actions that undermine state security. In addition, the law allows 
fines up to $5,300 (BD 2,000) for 14 other offenses, including 
publishing statements issued by a foreign state or organization before 
obtaining the consent of the Minister of Information, any news reports 
which may adversely affect the value of the national currency, any 
offense against a head of state maintaining diplomatic relations with 
the country, or offensive remarks towards an accredited representative 
of a foreign country because of acts connected with his post.
    The exact legal status of this law was unclear. All newspapers ran 
articles and editorials criticizing the law, and 1 week after its 
issuance, the Prime Minister declared the law ``frozen,'' and ordered 
that the Cabinet review the law. This created some confusion, as the 
term ``frozen'' is not defined under law, and it was not entirely clear 
if this law was being applied. There were reports that two journalists 
were suspended for 7 to 10 days in December, but it was not apparent if 
these punishments were handed out under the authority of the new press 
law.
    Persons expressed critical opinions openly regarding some domestic 
political and social issues in private settings and occasionally on 
state-run television call-in shows and increasingly in organized public 
forums. They did not criticize leading government officials. However, 
public demonstrations increased over issues of family status law, 
violations of zoning, and human rights abuses. These were covered in 
the print media but not on government-owned television.
    The Election Law promulgated in July regulated candidates' 
political activities, prohibiting speeches at most public locations and 
limiting the areas where campaign materials could be placed. However, 
these regulations were only sporadically enforced (see 2.b.).
    The Information Ministry controlled local broadcast media and 
exercised considerable control over local print media, except Al-Wasat, 
even though newspapers were privately owned. The Government generally 
afforded foreign journalists access to the country and did not limit 
their contacts. However, the Government continued to ban correspondents 
from the Qatar-based television Al-Jazeera, accusing the station of 
using sensationalized and one-sided coverage to project unfairly a 
negative image of the Government.
    The Bahrain Journalists' Association, formed in 2000, had a 
preponderance of government employees from the Information Ministry and 
was not an independent organization protecting journalists' rights and 
interests.
    The Government owned and operated all local radio and television 
stations. Radio and television broadcasts in Arabic and Farsi from 
neighboring countries and Egypt were received without interference. 
Government approval to access satellite dishes and to import or install 
dishes no longer was required. The Qatar-based television station Al-
Jazeera was available in the country via satellite. Except for the 
banning of Al-Jazeera's correspondents, there were no complaints by 
international news services regarding press restrictions.
    Access to the Internet was provided through the National Telephone 
Company (BATELCO). E-mail use was unimpeded, although it was subject to 
monitoring (see Section 1.f.). Approximately 235,000 residents of the 
country, slightly more than one-third of the population, used the 
Internet.
    Although there were no formal regulations limiting academic 
freedom, in practice academics avoided contentious political issues and 
the university did not have a political science program. University 
hiring and admissions policies favored Sunnis and others who were 
presumed to support the Government, rather than focusing on 
professional experience and academic qualifications. However, there 
continued to be some improvement in the hiring of qualified individuals 
in a nondiscriminatory manner during the year, and a few Shi'a 
professors, including women, were hired. Larger numbers of Shi'a 
students were accepted into the national university, but this was still 
a smaller proportion than in the general population.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of free assembly; however, the Government 
restricted its exercise by requiring that organizers of public events 
acquire permits, which were not granted in a routine fashion. The law 
prohibits unauthorized public gatherings of more than five persons. The 
Government periodically limited and controlled gatherings that might 
take on a political tone.
    From the passage of the National Action Charter in February 2001 
until July, gatherings at social and political clubs for political 
discussions were held regularly and without any obvious obstruction by 
the Government. However, the Political Rights Law promulgated in July 
had a negative effect on the freedoms of speech and association (see 
Section 2.a.). The law, intended to regulate election campaigns, 
prohibits ``election meetings'' at worship centers, universities, 
schools, government buildings, and public institutions. After this 
law's promulgation, the occurrence of public meetings declined 
precipitously, and they received little coverage in the local press. 
One leader of a popular public forum reported that he had been told by 
a high-level government official to reduce the attendance at meetings 
and make them ``less political.''
    Demonstrations occurred throughout the year, not all of which were 
approved by the Government. Unless violent, the Government generally 
did not intervene. On January 7, police dispersed an unauthorized 
demonstration of 200 youths who were protesting unemployment in the 
country. When demonstrators ignored police requests to avoid illegal 
behavior and began blocking traffic, riot police used tear gas to 
disperse the demonstration and arrested nine persons.
    Initially peaceful demonstrations of 2,000 to 3,000 persons on 
April 5 turned into an assault on the U.S. Embassy in which 1 citizen 
was killed by local security forces (see Section 1.a. and 1.c.). 
Emerging from a scheduled, peaceful protest, a well-organized group of 
200-300 youths used firebombs, cinder blocks, and slings with metal 
shot to attack the embassy, endangering embassy personnel and 
destroying property. After an initially hesitant response, local riot 
police used tear gas and fired 38mm flexible rubber batons, not rubber-
coated steel bullets, to disperse the attackers. One of the rubber 
projectiles struck a citizen in the head, and he died of his injuries 2 
days later. Following the incident, the Government announced the 
establishment of a committee to investigate, but there has been no 
public presentation of evidence or conclusions (see 1.a. and 1.c.).
    A violent pro-Palestinian demonstration on April 10 directed 
towards a diplomatic mission resulted in 60 casualties and 500 persons 
being hospitalized when security forces used tear gas and rubber 
bullets to disperse the crowd.
    The Constitution provides for the right of free association; 
however, the Government limited this right in practice, for example, by 
prohibiting political parties. The Government allowed political 
societies to run candidates and support them financially. On September 
24, the Government took steps to improve significantly the right of 
association for workers by granting them, for the first time, the right 
to form trade unions.
    During the last 2 years, the Government authorized several NGOs to 
conduct political activities related to the organizations' purposes, 
including two human rights organizations. Previously, only the Bahraini 
Bar Association was exempt from the regulations that require that the 
charters of all associations include a commitment to refrain from 
political activity.

    c. Freedom of Religion.--The Constitution states that Islam is the 
official religion and also provides for freedom of religion; however, 
there were some limits on this right. Thirteen Christian congregations 
registered with the Ministry of Labor operated freely and allowed other 
Christian congregations to use their facilities. Other unregistered 
Christian congregations likely existed, and there was no attempt by the 
Government to force them to register. There was also a Jewish synagogue 
and a Hindu temple. The Government subjected both Sunni and Shi'a 
Muslims to control and monitoring. Members of other religions who 
practice their faith privately did so without interference from the 
Government. Every religious group must obtain a permit from the 
Ministry of Justice and Islamic affairs in order to operate. Depending 
on circumstances, a religious group may also need approvals from the 
Ministry of Labor and Social Affairs, the Ministry of Information, and/
or the Ministry of Education (if the religious group wants to run a 
school).
    The Government funded, monitored, and subjected all official 
religious institutions to some controls. These include Shi'a and Sunni 
mosques, Shi'a ma'tams (religious community centers), Shi'a and Sunni 
waqfs (charitable foundations), and the religious courts, which 
represent both the Ja'afari (Shi'a) and Maliki (one of the four Sunni) 
schools of Islamic jurisprudence. Holding a religious meeting without a 
permit is illegal. There were no reports of religious groups being 
denied a permit. At least one religious event was held without a 
permit, but the Government took no action against the event's sponsor. 
In October the press reported that a school emphasizing a Shi'a 
curriculum was established for the first time in the country.
    The Government rarely interferes with what it considers legitimate 
religious observations. The Political Rights Law promulgated in July 
forbids election speeches in worship centers, but political sermons 
continued, and there were no reports of the Government closing ma'tams 
or mosques because of the content of religious services held there (see 
Section 2.a. and 2.b.). In the past, the Government actively suppressed 
activity deemed overtly political in nature, occasionally closing 
mosques and ma'tams for allowing political demonstrations to take place 
on or near their premises and detaining religious leaders for 
delivering political sermons or for allowing such sermons to be 
delivered in their mosques. There were no reported closures of ma'tams 
or mosques during the year. The Government also may appropriate or 
withhold funding in order to reward or punish particular individuals or 
places of worship. There were no reports of the Government withholding 
funding or closing religious facilities during the year.
    Although there were notable exceptions, the Sunni Muslim minority 
enjoyed a favored status. Members of the royal family are Sunnis, and 
Sunnis received preference for employment in sensitive government 
positions and in the managerial ranks of the civil service. Public 
religious events, most notably the large annual Ashura marches by 
Shi'a, were permitted but were monitored closely by the police. The 
Shi'a celebration of Ashura is a 2-day national holiday in the country, 
and the King ordered the Ministry of Information to provide full media 
coverage of Ashura events. There were no restrictions on the number of 
citizens permitted to make pilgrimages to Shi'a shrines and holy sites 
in Iran, Iraq, and Syria. The Government monitored travel to Iran and 
scrutinized carefully those who choose to pursue religious study there.
    The Government discourages proselytizing by non-Muslims and 
prohibits anti-Islamic writings. However, Bibles and other Christian 
publications were displayed and sold openly in local bookstores. Some 
small groups worshiped in their homes. Religious tracts of all branches 
of Islam, cassettes of sermons delivered by Muslim preachers from other 
countries, and publications of other religions readily were available.
    One reported instance of societal violence against a minority 
religion's property occurred during the year. On May 15, 70 graves at 
the St. Christopher's Church cemetery were desecrated. The King 
promised not only to restore the graveyard, but to transform it into a 
monument to the country's history of Christian-Muslim relations. There 
were no reports of the results of the investigation into this incident.
    While the defense and internal security forces predominantly were 
Sunni, Shi'a citizens were allowed to hold posts in these forces; 
however, they did not hold positions of significance. In the private 
sector, Shi'a citizens tended to be employed in lower paid, less 
skilled jobs. In private conversations, Shi'a consistently complained 
of discrimination, especially in receiving public sector jobs and slots 
at the university. While Shi'a acknowledged that the situation was 
improving slowly, they still made up a disproportionately high 
percentage of the country's unemployed. Public discussion of this issue 
remained taboo and any reference to Shi'a complaints in the press were 
indirect.
    Educational, social, and municipal services in most Shi'a 
neighborhoods, particularly in villages, were inferior to those found 
in Sunni urban communities, despite government initiatives beginning to 
address the problem.
    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 prohibits restrictions 
on freedom of movement, except as provided by law and judicial 
supervision. Banishment is prohibited, as is prevention of return. 
Bahraini passports were valid for travel to all countries.
    Citizens were free to move within the country and change their 
place of residence or work. Although more than 1,000 persons in the 
country faced problems obtaining proper citizenship documentation 
during the year, the Government resolved these problems and issued the 
appropriate documents by the end of the year. The Government also 
assisted in the return of some 300 persons that had been forced into 
exile in the past decades. The Government occasionally grants 
citizenship to Sunni residents, most of whom are from Jordan, the 
Arabian Peninsula, and Egypt. This practice was controversial, and 
several of the candidates for the October legislative elections 
campaigned publicly against this practice, calling it ``random 
naturalization.'' The Government did not publish the numbers of Sunnis 
and Shi'a it naturalized during the year, making it difficult to 
evaluate these charges.
    Under the 1963 Citizenship Law, the Government may reject 
applications to obtain or renew passports for reasonable cause, but the 
applicant has the right to appeal such decisions before the High Civil 
Court. The Government also issued temporary passports, valid for one 
trip per year, to persons whose travel it wished to control or whose 
claim to citizenship was questionable. A noncitizen resident may obtain 
a travel document, usually valid for 2 years and renewable at the 
country's embassies overseas. The holder of a travel document also 
required a visa to reenter the country.
    The Government cooperated with the U.N. High Commissioner for 
Refugees (UNHCR), although it has not formulated a formal policy 
regarding refugees, asylees, or first asylum. The Government usually 
does not accept refugees due to the country's small size and limited 
resources. However, 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 or their 
political system; however, the Constitution provided for the first 
democratically elected political institution since the dissolution of 
the National Assembly in 1975. On February 14, the country became a 
monarchy with a constitution. Elections for the newly established 
Council of Deputies took place on October 24. The King appoints the 
Prime Minister, who then proposes Cabinet Ministers that are appointed 
by the King. Members of the ruling family hold all security-related 
offices.
    In February 2001, an overwhelming majority of eligible citizens 
(98.4 percent), both male and female, endorsed a government plan called 
the National Action Charter, to restore constitutional rule. The 
Constitution was drafted in secret and delivered to the people as a 
royal grant in February.
    In May the country's voters elected municipal councils in the first 
election among the Arab Gulf states that allowed men and women to 
participate as both voters and candidates. These councils have 
authority to allocate resources in their jurisdiction for local 
services. Funding comes from taxes collected by the Ministry of 
Municipalities and the Environment. These councils began meeting in 
September, but their role is still being defined.
    The 40 elected members of the Representative Council shared 
legislative powers with the King and with the 40 members of the Shura 
Council appointed by the King. Collectively, the two chambers are known 
as the National Assembly. Either chamber may propose legislation, but 
the Cabinet's Office of Legal Affairs must draft the actual text of 
laws. The King may veto laws passed by the National Assembly, which may 
override a veto by a two-thirds majority vote. If the legislature 
overrides a veto, the King must promulgate the law within 1 month. The 
King may dissolve the Representative Council at his discretion, and he 
retains the power to amend the Constitution and propose, ratify, and 
promulgate laws. Either council may question government ministers and 
the Representative Council may pass by a two-thirds majority votes of 
no confidence that require the minister's resignation. The 
Representative Council may also introduce a resolution indicating it 
cannot cooperate with the Prime Minister. The entire National Assembly 
would then have to pass the resolution by a two-thirds majority that 
would require the King to either dismiss the Prime Minister or dissolve 
the Council of Deputies.
    The Political Rights and Election Laws promulgated in July placed 
restrictions on the freedoms of speech and association (see Sections 
2.a. and 2.b.). There were no political parties. The Government drew 
the electoral districts in both the municipal council and the 
legislative elections to protect Sunni interests by creating several 
districts with small populations likely to elect a Sunni candidate. In 
contrast, districts where a Shi'a candidate was likely to win were 
drawn to include large numbers of voters, a formula that diluted the 
voting strength of the Shi'a community. International observers 
commented that this gerrymandering generally violated the one-man one-
vote principle common to most democracies. They also observed that 
candidates were not allowed to visually observe ballot counting and 
that there was an incomplete reporting of election results during the 
election process.
    The country held its first elections in nearly 3 decades during the 
year. In May voters elected municipal councils. In October slightly 
more than half of eligible voters elected 40 members to the 
Representative Council. The largest political society, joined by three 
other smaller societies, chose not to participate in the October 
elections, citing grievances over the Constitution, especially the 
provisions that equalize the powers of the elected Council of Deputies 
and the appointed Shura Council. There were no government candidates. 
Informed observers reported that the election campaigning and voting 
was substantially free and fair.
    Although women candidates stood in both elections, none were 
elected to office. However, in the October elections, two women forced 
their competitors into runoffs in which each woman received more than 
40 percent of the vote. The King appointed six women to the Shura 
Council. There were no women at the ministerial levels of government. 
The majority of women who chose to work in the Government did so in a 
support capacity, and only a few attained senior positions within their 
respective ministries or agencies. Women may vote and run for elected 
office. Although no women were elected in either the municipal or 
legislative elections, the Constitution provides for the right of women 
to participate and was a consistent refrain in the public statements of 
both the King and the Crown Prince. Turnout for municipal councils 
elections in May was approximately 51 percent; just over 52 percent of 
the voters who turned out for those elections were women. Turnout for 
the October election was just over 53 percent, according to government 
figures; the Government did not publish the number of women voters.
    The King appointed one Christian and one Jewish member to the Shura 
Council. Twenty-one Shura Council members were Shi'a Muslims and 17 
were Sunni. Approximately one-third of the cabinet ministers were 
Shi'a.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Restrictions on freedom of association and expression sometimes 
hindered investigation or public criticism of the Government's human 
rights policies. Over 300 NGOs have been registered, helping to 
facilitate the growth of civil societies and public discourse. The 
largest proportion were devoted to charitable activities. Some NGOs 
dealt with concerns of expatriates and others focused on women's 
issues. There was a human rights component in much of their efforts. 
Members of these groups met with government officials and the 
Government has responded on some issues, most notably on exilees and 
the situation of the stateless bidoons (see Section 1.d.).
    Most, if not all, of the members of the Damascus-based Committee 
for the Defense of Human Rights in Bahrain and the Copenhagen-based 
Bahrain Human Rights Organization have returned to the country since 
the 2001 referendum on the National Action Charter. The London-based 
Bahrain Freedom Movement and the Beirut-based Islamic Front for the 
Liberation of Bahrain remained active outside the country, but Bahrain 
Freedom Movement leader Dr. Mansur Al-Jamry returned to the country in 
December 2001 and established an independent newspaper in September 
(see Section 2.a.). Previously, Bahrain Freedom Movement leader Dr. 
Majid Al-Alawi returned in January 2001 to become Assistant Secretary 
General for the Bahrain Center for Studies and Research, the country's 
only think tank. On November 11, Dr. Al-Alawi was named Minister of 
Labor and Social Affairs.
    In recent years, the Government allowed increasing access of 
international human rights organizations. During the year, there were 
no reports of government harassment of these groups or their members. 
The U.N. High Commission for Human Rights visited the country in March 
and praised its democratic reforms, especially those guaranteeing women 
the right to vote and run for office. Officials from AI and Human 
Rights Watch visited in February.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution provides for equality, equal opportunity, and the 
right to medical care, welfare, education, property, capital, and work 
for all citizens. However, in practice these rights were protected 
unevenly, depending on the individual's social status, ethnicity, or 
sex.

    Women.--Women's groups and health care professionals stated that 
spousal abuse was common, particularly in poorer communities. In 
general, there was little public attention to, or discussion of the 
problem. Incidents usually were kept within the family. No government 
policies or laws explicitly addressed violence against women. During 
the year, a few articles appeared in the local press discussing 
violence against women and the need for laws to defend women who are 
abused. There were very few known instances of women seeking legal 
redress for violence. Anecdotal evidence suggested that the courts were 
not receptive to such cases. Rape is illegal; however, because marital 
relations are governed by Shari'a law, spousal rape was not a legal 
concept within the law.
    It was not uncommon for foreign women working as domestic workers 
to be beaten or sexually abused (see Sections 6.c. and 6.e.). Numerous 
cases were reported to local embassies and the police. However, most 
victims were too intimidated to sue their employers. Courts reportedly 
allowed victims who do appear to sue for damages, return home, or both.
    Although prostitution is illegal, some foreign women, including 
some who worked as hotel and restaurant staff, engaged in prostitution. 
(see Section 6.f.).
    Conditions for women in the country improved during the year, and 
the Government played a leadership role in promoting the rights of 
women. The Government publicly encouraged women to work and was a 
leading employer of women, who constituted a significant percentage of 
the Government workforce and included university professors, public 
school teachers, and employees in the public health and social sectors. 
However, in 2001, approximately 17 percent of the total work force was 
female, and more than half of the female workers were noncitizens. NGOs 
working on women's issues were very active in encouraging women to vote 
and to run for office during the municipal council and parliamentary 
elections. Several of these NGOs were also active on social issues such 
as health and education, and provision of assistance to women and 
children, particularly the poor.
    Shari'a governs the legal rights of women. Specific rights vary 
according to Shi'a or Sunni interpretations of Islamic law, as 
determined by the individual's faith, or by the court in which various 
contracts, including marriage, are made. Some women complained that 
Shari'a courts were biased against women, especially in divorce cases. 
In October a group of representatives of women's' societies filed 
complaints with the Minister of Justice and Islamic Affairs against 
several Shari'a judges, arguing that women were often treated unfairly 
in these courts. They also called for the issuance of a long-promised 
Personal Status Law that would more clearly define women's rights.
    While both Shi'a and Sunni women have the right to initiate a 
divorce, religious courts may refuse the request. Although local 
religious courts may grant a divorce to Shi'a women in routine cases, 
occasionally Shi'a women seeking divorce under unusual circumstances 
must travel abroad to seek a higher ranking opinion than that available 
in the country. Women of either branch may own and inherit property and 
may represent themselves in all public and legal matters. In the 
absence of a direct male heir, Shi'a women may inherit all property. By 
contrast, in the absence of a direct male heir, Sunni women inherit 
only a portion as governed by Shari'a; the balance is divided among the 
brothers or male relatives of the deceased. In practice, better-
educated families used wills and other legal maneuvers to ameliorate 
the negative impact of these rules.
    In divorce cases, the courts routinely grant Shi'a and Sunni women 
custody of daughters under the age of 9 and sons under the age of 7, 
although custody usually reverts to the father once the children reach 
those ages. Regardless of custody decisions, in all circumstances, 
except for mental incapacitation, the father retains the right to make 
certain legal decisions for his children, such as guardianship of any 
property belonging to the child, until the child reaches legal age. A 
noncitizen woman automatically loses custody of her children if she 
divorces their citizen father. A Muslim woman legally may marry a non-
Muslim man if the man converts to Islam. In such marriages, the 
children automatically are considered to be Muslim. Women may obtain 
passports and leave the country without the permission of the male head 
of the household. Women were free to work outside the home, to drive 
cars without escorts, and to wear clothing of their choice.
    Women increasingly took jobs previously reserved for men and 
constituted approximately 17 percent of the workforce. Labor laws do 
not discriminate against women; however, in practice there was 
discrimination in the workplace, including inequality of wages and 
denial of opportunity for advancement. Sexual harassment is prohibited; 
however, it was a widespread problem for foreign women, especially 
those working as domestics and other low-level service jobs. The 
Government has encouraged the hiring of women, enacted special laws to 
promote their entry into the work force, and was a leading employer of 
women. Laws do not recognize the concept of equal pay for equal work, 
and women frequently were paid less than men. Generally women worked 
outside the home during the years between secondary school or 
university and marriage.
    Women made up the majority of students at the country's 
universities, although some women complained that admissions policies 
at the National University aimed to increase the number of male 
students at the expense of qualified female applicants, especially 
Shi'a women.
    There were a large number of women's organizations that sought to 
improve the status of women under both civil and Islamic law. 
Constitutional provisions granting women the right to vote and run for 
elected office were advances for women's rights. However, some women 
expressed the view that, despite their participation in the work force 
and their constitutional rights, in practice women's rights were not 
advancing significantly because of the influence of religious 
traditionalists. Other women desired a return to more traditional 
values and supported calls for a return to traditional Islamic patterns 
of social behavior.

    Children.--The Government has stated often its commitment to the 
protection of children's rights and welfare within the social and 
religious framework of society. It generally honored this commitment 
through enforcement of civil and criminal laws and an extensive social 
welfare network. Public education for citizen children below the age of 
15 was free. While the Constitution provides for compulsory education 
at the primary levels (usually up to 12 or 13 years of age), the 
authorities did not enforce attendance. Limited medical services for 
infants and preadolescents were provided free of charge.
    The social status of children is shaped by tradition and religion 
to a greater extent than by civil law. Child abuse was rare, as was 
public discussion of it; the preference of the authorities was to leave 
such matters within the purview of the family or religious groups. One 
case that drew public attention was that of a 13-year old girl who was 
reportedly abused by members of her family and then disappeared. 
According to local media, the case received attention at the highest 
levels of the Government, but despite the Prime Minister's public 
charge to the police to find her, she remained missing at year's end. 
The authorities actively enforced the laws against prostitution, 
including child prostitution, procuring, and pimping. Violators were 
dealt with harshly and may be imprisoned, or, if a noncitizen, 
deported. In the past, the authorities reportedly returned children 
arrested for prostitution and other nonpolitical crimes to their 
families rather than prosecute them, especially for first offenses. 
There were no reports of child prostitution during the year.
    Some legal experts called on the Government to establish a separate 
juvenile court. However, other citizens insisted that the protection of 
children was a religious, not a secular, function and opposed greater 
government involvement. Independent and quasi-governmental 
organizations, such as the Bahraini Society for the Protection of 
Children and the Mother and Child Welfare Society, played an active 
part in protecting children by providing counseling, legal assistance, 
advice, and, in some cases, shelter and financial support to distressed 
children and families. The Child Care Home, funded from both government 
and private sources, provided shelter for children whose parents were 
unable to care for them.
    There were very few reports of arrests and detentions of juveniles 
during the year, and those who were arrested reportedly were released 
soon thereafter.

    Persons with Disabilities.--The law protects the rights of persons 
with disabilities and a variety of governmental, quasi-governmental, 
and religious institutions were mandated to support and protect persons 
with disabilities. The regional Center for the Treatment of the Blind 
was headquartered in the country, and a similar Center for the 
Education of Deaf Children was established in 1994. Society tended to 
view persons with disabilities as special cases in need of protection 
rather than as fully functioning members of society. Nonetheless, the 
Government is required by law to provide vocational training for 
persons with disabilities who wish to work, and maintains a list of 
certified, trained persons with disabilities.
    The Labor Law of 1976 also requires that any employer of more than 
100 persons must hire at least 2 percent of its employees from the 
Government's list of workers with disabilities; however, the Government 
did not monitor compliance. The Ministry of Labor and Social Affairs 
worked actively to place persons with disabilities in public sector 
jobs, such as in the public telephone exchanges. The Government's 
housing regulations require that access be provided to persons with 
disabilities. Greater emphasis has been given in recent years to public 
building design that incorporates access for persons with disabilities; 
however, the law does not mandate access to buildings for persons with 
disabilities.

    National/Racial/Ethnic Minorities.--Most bidoon, a group of 
approximately 9,000 to 15,000 formerly stateless persons, mostly Shi'a 
of Persian-origin but including some Christians, were granted 
citizenship during 2001. During the year, the Government granted 
citizenship to the approximately 1,300 remaining bidoon (see Sections 
1.d. and 2.d.). Approximately 1,000 of these were already living in the 
country. The Government paid for the return of some 300 others from 
Iran who were exiled forcibly in the 1980s. Without citizenship, bidoon 
legally had been prohibited from buying land, starting a business, or 
obtaining government loans. Bidoon and citizens who speak Farsi rather 
than Arabic as their first language faced significant social and 
economic discrimination, including difficulty in finding employment.

Section 6. Worker Rights

    a. The Right of Association.--On September 24, the King promulgated 
a new law on labor unions that grants workers for the first time the 
right to form and join unions. Previously, the Constitution recognized 
the right of workers to organize; however, the Government banned 
independent trade unions. The new law also clearly grants noncitizens 
the right to join unions. The first union formed under the new law was 
formed on October 8 at the Gulf Petrochemical Industries Company. 
Unions can be formed at establishments of any size. Employers and the 
Government are required to treat unions as independent entities.
    Labor leaders reported that unions were forming successfully and 
had not reported any problems with excessively cumbersome rules and 
regulations imposed by either the Government or corporate management.
    The law established a union federation, the General Federation of 
Workers Trade Unions in Bahrain (GFWTUB) that replaced the General 
Federation of Bahraini Workers. All unions will be members of the 
GFWTUB. The law does not restrict who may be a union official, other 
than to stipulate that a member of a company's management may not be a 
union member. The law also states that no more than one union per 
establishment may be created and prohibits unions from engaging in 
political activities.
    The new law allows union membership for private sector workers, 
workers in the civil service, and maritime workers. Labor leaders 
reported that the law permits all categories of workers except soldiers 
to join unions.
    The law does not mention antiunion discrimination, and no reports 
of such behavior were reported. Nothing in the law prohibits unions 
from access to the legal system. The law encourages unions to 
participate in international labor forums and events; however, none has 
yet joined an internationally affiliated trade union organization. No 
internationally affiliated trade union exists in the country.

    b. The Right to Organize and Bargain Collectively.--The new law 
grants workers for the first time the right to organize and bargain 
collectively. Previously, the Government had denied this right, 
allowing only Joint Labor-Management Committees (JLCs), which were not 
independent mechanisms for representing workers' interests. Unions can 
be formed at establishments of any size. Employers and the Government 
are required to treat unions as independent entities.
    The new law states that ``the right to strike is a legitimate means 
for workers to defend their rights and interests''; however, the law 
also places some restrictions on this right. The law requires 
arbitration before a vote to strike and that three-quarters of a 
union's members approve the strike in a secret ballot. It was not yet 
clear if the arbitration was binding. Although government sources say 
the arbitration provision will not preempt the right to strike, the 
text of the law does not clearly specify that a union may proceed to a 
strike vote if it disagrees with the arbitrator's decision. Officials 
from the Government, labor, and business were reportedly comfortable 
with this ambiguity.
    Although there were reports of some workers' protests during the 
year, there were no strikes.
    There were two export processing zones (EPZs). Labor law and 
practice were the same in the EPZs as in the rest of the country.

    c. Prohibition of Forced or Bonded Labor.--Forced or bonded labor 
is prohibited by law; however, in practice, the labor laws applied for 
the most part only to citizens, and abuses occurred, particularly in 
the cases of domestic servants and those working illegally. The law 
also prohibits forced and bonded child labor, and the Government 
enforced this prohibition effectively.
    Foreign workers, who make up approximately two-thirds of the 
workforce, in many cases arrived in the country under the sponsorship 
of an employer and then switched jobs while continuing to pay a fee to 
their original sponsor. This practice made it difficult to monitor and 
control the employment conditions of domestic and other workers. The 
Government issued new regulations granting foreigners more freedom to 
change jobs, but the process is legally cumbersome and many foreign 
workers remained unaware of their rights and obligations under the law. 
Unskilled foreign workers can become indentured servants, and often 
lacked the knowledge to exercise their legal right to change 
employment.
    There were numerous credible reports that employers withhold 
salaries from their foreign workers for months, even years, at a time, 
and refused to grant them the necessary permission to leave the 
country. The Government and the courts generally worked to rectify 
abuses if they were brought to their attention, but they otherwise 
focused little attention on the problem. The fear of deportation or 
employer retaliation prevented many foreign workers from making 
complaints to the authorities (see Section 6.e.).
    Labor laws do not apply to domestic servants. There were numerous 
credible reports that domestic servants, especially women, were forced 
to work 12-or 16-hour days, given little time off, malnourished, and 
subjected to verbal and physical abuse, including sexual molestation 
and rape. Between 30 and 40 percent of the attempted suicide cases 
handled by the Government's psychiatric hospitals were foreign maids 
(see Section 6.e.).
    There were persistent reports that some foreign women working as 
hotel and restaurant staff were locked in a communal house or apartment 
when not working and driven to work in a van. Many reportedly traded 
sexual favors with hotel managers in exchange for time off from work 
(see Section 6.f.).

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The minimum age for employment is 14 years of age. 
Juveniles between the ages of 14 and 16 may not be employed in 
hazardous conditions or at night, and may not work more than 6 hours 
per day or on a piecework basis. Child labor laws were enforced 
effectively by Ministry of Labor inspectors in the industrial sector; 
child labor outside that sector was monitored less effectively, but it 
was not believed to be significant outside family-operated businesses, 
and even in such businesses it was not widespread.

    e. Acceptable Conditions of Work.--The country does not have an 
official minimum wage. However, the Government issued guidelines that 
the public and private sectors should pay workers no less than $397.88 
(150 dinars) per month, and the Government observed this standard in 
paying its employees. Compliance with these guidelines was not actively 
monitored, and few unskilled foreign laborers earned as much as the 
guidelines suggest. For foreign workers, employers considered benefits 
such as annual trips home, housing, and education bonuses as part of 
the salary. However, these guidelines did not provide a decent standard 
of living for a worker and family. The Labor Law, enforced by the 
Ministry of Labor and Social Affairs, mandates acceptable conditions of 
work for all adult workers, including adequate standards regarding 
hours of work (maximum 48 hours per week) and occupational safety and 
health.
    The Ministry enforced the law with periodic inspections and routine 
fines for violators. The press often performed an ombudsman function on 
labor problems, reporting job disputes and the results of labor cases 
brought before the courts. Once a worker lodges a complaint, the 
Ministry of Labor and Social Affairs opens an investigation and often 
takes remedial action. The Fourth High Court has jurisdiction over 
cases involving alleged violations of the Labor Law. Complaints brought 
before the Ministry of Labor and Social Affairs that cannot be settled 
through arbitration by law must be referred to the Court within 15 
days. In practice, most employers preferred to settle such disputes 
through arbitration, particularly since the court and labor law 
generally were considered to favor the employee.
    Under the Labor Law, workers have the right to remove themselves 
from dangerous work situations without jeopardy to their continued 
employment.
    The Labor Law specifically favors citizens over foreign workers and 
Arab foreigners over other foreign workers in hiring and firing. 
Because employers included housing and other allowances in their salary 
scales, foreign workers legally may be paid lower regular wages than 
their citizen counterparts, although they sometimes received the same 
or a greater total compensation package because of home leave and 
holiday allowances. Western foreign workers and citizen workers were 
paid comparable wages, with total compensation packages often 
significantly greater for the former. Women in most jobs were entitled 
to 60 days of paid maternity leave and nursing periods during the day. 
However, women generally were paid less than men.
    In 1993 the Government strengthened the Labor Law by decree of the 
King, announcing that significant fines and jail sentences would be 
imposed upon private sector employers who failed to pay wages required 
by law. This law applied equally to employers of citizens and foreign 
workers and was intended to reduce abuses against foreign workers, who 
at times were denied the required salaries (see Section 6.c.). The law 
provides equal protection to citizen and foreign workers; however, all 
foreign workers require sponsorship by citizens or locally based 
institutions and companies. According to representatives of several 
embassies with large numbers of workers in the country, the Government 
was generally responsive to embassy requests to investigate foreign 
worker complaints regarding unpaid wages and mistreatment. However, 
foreign workers, particularly those from developing countries, often 
were unwilling to report abuses for fear of losing residence rights and 
having to return to their countries of origin. Sponsors were able to 
cancel the residence permit of any person under their sponsorship and 
thereby blocked them for one year from obtaining entry or residence 
visas from another sponsor; however, the sponsor may be subject to 
sanctions for wrongful dismissal. Legislation introduced in July 
allowed all workers except domestics to change jobs without obtaining a 
``No Objection'' letter from their employers. However, the process for 
utilizing these new rules was not well understood among expatriate 
workers. They were also often unwilling to challenge their employers 
for fear of being punished or deported. In addition, domestic workers 
were exempted from this legislation, and many of them remained in 
essence indentured workers, unable to change employment or leave the 
country without their sponsors' consent (see Section 6.c.).
    Foreign women who worked as domestic workers often were beaten or 
sexually abused (see Section 5). Between 30 and 40 percent of attempted 
suicide cases handled by the Government's psychiatric hospitals were 
foreign maids (see Section 6.c.). Unverified reports also suggested 
that unskilled foreign laborers were also at risk of suicide.
    A long-term goal of the Government is to replace foreign workers 
with citizens throughout all sectors of the economy and to create new 
jobs for citizens seeking employment.

    f. Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons, and there were reports that some foreign 
workers were recruited for employment on the basis of fraudulent 
contracts and then forced to work under conditions different from what 
was promised.
    Workers from Southeast Asia, South Asia, Ethiopia, and the former 
Soviet Union reported being forced into conditions that amounted to 
trafficking. Some of these victims reported being sexually exploited or 
being forced to work as prostitutes; however, the most common forms of 
trafficking in persons involved unskilled construction laborers and 
domestic workers. Victims of this form of trafficking experienced 
withholding of passports by employers, alteration of contracts without 
their consent, nonpayment of salaries, or being forced to work 
extremely long hours.
    Although prostitution is illegal, some foreign women, including 
some who worked as hotel and restaurant staff, engaged voluntarily in 
prostitution. There were also reports that some women were forced into 
prostitution. When the Government discovered this kind of abuse, it 
generally responded by prosecuting the offender, often the victim's 
sponsor or employer. There were persistent reports that some women 
working in hotels and restaurants were locked in a communal house or 
apartment when not working and driven to work in a van (see Section 
6.c.).
    The Government began to take steps to combat trafficking. It 
recognizes that trafficking is a problem and in February created an 
interministerial National Task Force committee to formulate a 
comprehensive plan to combat trafficking. The committee was considering 
plans to deliver pamphlets on workers' rights to expatriate workers in 
the country, provide manuals on these rights to local diplomatic 
missions, create a dedicated entrance for workers arriving in the 
country, and install a telephone hot line for victims. Victims of 
trafficking may seek assistance from their embassies. The Government 
did not provide assistance to victims.
                               __________

                                 EGYPT

    According to its Constitution, Egypt is a social democracy in which 
Islam is the state religion. The National Democratic Party (NDP), which 
has governed since its establishment in 1978, has used its entrenched 
position to dominate national politics and has maintained an overriding 
majority in the popularly elected People's Assembly and the partially 
elected Shura (Consultative) Council. In 1999 President Hosni Mubarak 
was reelected unopposed to a fourth 6-year term in a national 
referendum. The President appoints the Cabinet and the country's 26 
governors and may dismiss them at his discretion. The judiciary 
generally was independent; however, this independence has been 
compromised by the State of Emergency legislation in force, under which 
the range of cases subject to its jurisdiction has been compromised due 
to the improper use of State Emergency Security Courts and military 
courts for inappropriate cases.
    There are several security services in the Ministry of Interior, 
two of which have been involved primarily in the Government's campaign 
against terrorism: The State Security Investigations Sector (SSIS), 
which conducted investigations and interrogated detainees, and the 
Central Security Force (CSF), which enforced curfews and bans on public 
demonstrations and conducted paramilitary operations against 
terrorists. The President is the commander-in-chief of the military; 
the military is a primary stabilizing factor within society but 
generally has not involved itself in internal issues. The security 
forces committed numerous, serious human rights abuses during the year; 
however, there continued to be no reports of the use of deadly force in 
the campaign against suspected terrorists.
    Over the past decade, policy reforms encouraged a transition from a 
government-controlled economy to a free market system, although state-
owned enterprises still dominated some key sectors of the economy. The 
country had a population of approximately 68 million, which increases 
by approximately 2 percent annually. The agricultural sector employed 
the largest number of persons, and was almost entirely privately 
controlled. Official statistics placed 34 percent of the employed labor 
force in the agricultural sector, and knowledgeable observers estimated 
that 3 to 5 percent of those were subsistence farmers. Income from 
tourism, remittances from approximately 2 million citizens working 
abroad, petroleum exports, and Suez Canal revenues were the other 
principal sources of foreign currency and are vulnerable to external 
shocks. Egypt is a middle income developing country, with poverty 
(according to the Government's definition) at 23 percent of the 
population.
    The Government generally respected the human rights of its citizens 
in some areas; however, the Government's record remained poor with 
respect to freedom of association, the improper use of State Security 
Emergency Courts and military courts, and torture, among other areas. 
The President and the entrenched NDP dominated the political scene to 
such an extent that citizens did not have a meaningful ability to 
change their government.
    The Emergency Law, which has been in effect since 1981 and was 
renewed for another 3 years in June 2000, continued to restrict many 
basic rights. The security forces continued to arrest and detain 
suspected members of terrorist groups. In combating terrorism, the 
security forces continued to mistreat and torture prisoners, 
arbitrarily arrest and detain persons, held detainees in prolonged 
pretrial detention, and occasionally engaged in mass arrests. In 
actions unrelated to the antiterrorist campaign, local police killed, 
tortured, and otherwise abused both criminal suspects and other 
persons. Most cases were not pursued, although the Government took 
disciplinary action against some police officers accused of abusing 
detainees, including prosecution of a number of offenders.
    Prison conditions remained poor. The Emergency Law allows 
authorities to detain persons without charge, and the Government 
continued to arrest and detain persons arbitrarily. Thousands of 
persons were detained without charge on suspicion of illegal terrorist 
or political activity; others served sentences after being convicted on 
similar charges. There was a past practice of improper use of State 
Security Emergency Courts and military courts to try inappropriate 
cases which infringed on a defendant's normal right under the 
Constitution to a fair trial before an independent judiciary. During 
the year, the Government did not refer any new cases to military 
courts.
    The Government used the Emergency Law to infringe on citizens' 
civil liberties. Although citizens generally expressed themselves 
freely, the Government partially restricted freedom of the press and 
significantly restricted freedom of assembly and association. On July 
29, a State Security Court concluded a retrial with the conviction of 
Dr. Saad Eddin Ibrahim and his codefendants of defaming the state and 
illegally accepting foreign funds. The verdict was overturned by the 
Court of Cassation on December 4 and is scheduled to be retried in 
February 2003 by the Court of Cassation, rather than another State 
Security Court. Ibrahim's case had broad implications for freedom of 
expression, and had a deterrent effect on the activities of human 
rights organizations. The Government generally permitted human rights 
groups to operate openly. The Government placed some restrictions on 
freedom of religion.
    Domestic violence against women was a problem. Although the 
Government banned the practice of female genital mutilation (FGM), it 
persisted in the traditional milieu. Women and Christians faced 
discrimination based on tradition and some aspects of the law.
    The Government limited workers' rights. Child labor remained 
widespread, despite government efforts to eradicate it. Exposure of 
workers to hazardous working conditions and other abuses of the law by 
employers continued, and the Government did not enforce labor laws 
effectively. Egypt 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 or of extrajudicial killings of suspected 
terrorists by security forces during the year; however, police 
committed other extrajudicial killings.
    Human rights organizations and the press reported on the death in 
custody at police stations or prisons of 14 persons during the year: 
Ahmed Youssef; Sayyed Eissa; Adel Mohamed; Mohamed Mahmoud Osman; Nader 
Fathy Sayyed; Ahmed Mahmoud Mohamed; Mustafa Labib Hemdan; Mohamed Ali 
Shahine. Hussein Hassan Khater died after a hunger strike at Kanater 
prison. He maintained he was innocent. On October 26, it was reported 
that authorities were investigating the death of five inmates at 
Ghurbaniyat prison, all of whom died within a 2-week period in early 
October. Reportedly, their deaths were listed as due to ``circulatory 
failure.'' The results of the investigation had not been publicized by 
year's end.
    The retrial of 96 suspects accused of participating in the January 
2000 violence in al-Kush, Sohag Governorate, that left 21 Christians 
and 1 Muslim dead, concluded its sessions on October 9. The State 
Security Court is scheduled to announce the verdicts in January 2003 
(see Section 5).

    b. Disappearance.--The Egyptian Organization for Human Rights 
(EOHR) reported one disappearance during the year. On February 9, Adel 
Mohammed Kamiha, a coffee shop owner, reportedly disappeared following 
his transfer from police custody to the custody of State Security in 
Alexandria.
    In December an administrative court ordered the Ministry of the 
Interior to pay $46,200 (100,000 Egyptian pounds) to a family in 
compensation for the disappearance of their son, detained in 1989. The 
Court also ruled that the reasons for his detention were illegitimate 
and ordered his release by a court in April 1990. The victim was an 
alleged member of the banned al-Jihad terrorist organization and a 
student at Zaqaziq Faculty of Medicine. The Interior Ministry 
reportedly failed to provide any information about his fate.
    At year's end, 46 other cases of disappearance from previous years 
documented by human rights organizations remained unsolved. Human 
rights organizations provided names to the U.N. Working Group on 
Enforced and Involuntary Disappearances; the Government reportedly has 
denied any involvement in the cases.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits the infliction of ``physical or 
moral harm'' upon persons who have been arrested or detained; however, 
torture and abuse of detainees by police, security personnel, and 
prison guards was common and persistent. The November session of U.N. 
Committee Against Torture noted a systematic pattern of torture by the 
security forces.
    Under the Penal Code, torture of a defendant or giving orders to 
torture are felonies punishable by hard labor or 3 to 10 years' 
imprisonment. If the defendant dies under torture, the crime is one of 
intentional murder punishable by a life sentence at hard labor. Arrest 
without due cause, threatening death, or using physical torture is 
punishable by temporary hard labor. Abuse of power to inflict cruelty 
against persons is punishable by imprisonment of no more than 1 year or 
a fine of no more than $61 (134 Egyptian pounds). In addition, victims 
may bring a criminal or civil action for compensation against the 
responsible government agency. There is no statute of limitations in 
such cases.
    Despite these legal safeguards, there were numerous, credible 
reports that security forces tortured and mistreated citizens. Reports 
of torture and mistreatment at police stations remained frequent. While 
the Government investigated torture complaints in criminal cases and 
punished some offending officers, the punishments generally have not 
conformed to the seriousness of the offense.
    Incommunicado detention is authorized for prolonged periods and 
frequently accompanied allegations of torture (see Section 1.d.).
    While the law requires security authorities to keep written records 
of detained citizens, human rights groups reported that such records 
often were lacking, effectively blocking the investigation of 
complaints.
    Human rights groups believed that the SSIS continued to employ 
torture. Victims usually were taken to an SSIS office, where they were 
handcuffed, blindfolded, and questioned about their associations, 
religious beliefs, and political views. Torture was used to extract 
information, coerce the victims to end their oppositionist activities, 
and to deter others from similar activities.
    Principal methods of torture reportedly employed by the police 
included: Being stripped and blindfolded; suspended from a ceiling or 
doorframe with feet just touching the floor; beaten with fists, whips, 
metal rods, or other objects; subjected to electrical shocks; and 
doused with cold water. Victims frequently reported being subjected to 
threats and forced to sign blank papers to be used against the victim 
or the victim's family in the future should the victim complain of 
abuse. Some victims, including male and female detainees, reported that 
they were sexually assaulted or threatened with the rape of themselves 
or family members.
    In March the EOHR reported 59 documented cases of torture in 2001 
in police stations and other detention centers, in which 11 victims 
died. The report included nine cases of citizens apparently 
unaffiliated with any political group or trend. In one case, four 
family members of a wanted defendant were tortured. Twenty-two of the 
cases involved individuals on trial for conspiracy to commit terrorism 
and membership in an extremist organization, known as the ``Wa'ad'' 
(``The Promise'') (see Section 1.e.). One individual arrested in a 
police Internet ``sting'' claimed that he had been tortured (see 
Sections 1.d., 1.f., and 2.a.).
    In September 51 defendants in the Wa'ad case were convicted and 43 
were acquitted. Of the 43 acquitted, 12 were rearrested. Twenty-eight 
of the 94 Wa'ad defendants told the prosecution that they were tortured 
during interrogations.
    During the year, the Government expanded efforts to hold security 
personnel accountable for torturing prisoners in their custody. Human 
rights organizations and the press reported during the year 17 
different instances in which personnel were held publicly accountable. 
Some of the cases involved incidents that took place in previous years. 
Some but not all of the cases prosecuted involved the deaths of 
prisoners.
    In June the EOHR welcomed moves by the Ministry of Interior to 
combat torture. The EOHR called for reviewing of all legislation on the 
subject, amending articles of the Penal Code, and establishing a 
permanent mechanism for investigating torture complaints. In addition, 
the Human Rights Center for the Assistance of Prisoners (HRCAP), in an 
October report entitled ``The Truth,'' commended judicial efforts to 
try security officers for torture, but outlined current obstacles, 
including a vague legal definition of torture, and the inability of 
victims to sue perpetrators directly.
    During the year, the Government took some steps to hold torturers 
accountable. For example, in March the Menoufiya Criminal Court 
sentenced the warden of Wadi Natroun Prison to 10 years' imprisonment, 
a subordinate to 7 years' imprisonment, and four other policemen to 5-
year terms for torturing inmate Ahmed Mohamed Eissa to death and 
falsifying documents to disguise the cause of death. The defendants had 
contested the 2000 verdict and were tried before a different circuit, 
which handed down the same sentences.
    In June the Prosecutor's office began an investigation into the May 
27 death, allegedly due to torture, of Mohamed Mahmoud Osman, who was 
detained at Old Cairo Police Station for 2 days prior to his death. 
Osman reportedly had refused a body search after being stopped by 
police. Osman was released after 2 days and reportedly had extensive 
bruising on his body. He died at home within days.
    Also in July, the Cairo Criminal Court sentenced two policemen and 
a police informant to 5 years at hard labor for torture resulting in 
the February 23 death of Ahmed Youssef, whose brother Yasser was wanted 
by the police. Ahmed was taken instead to El Wayli police station where 
he was severely tortured to obtain information on the whereabouts of 
his brother.
    In August the Cairo Criminal Court sentenced the head of the 
investigations unit at the Nasr City Police Station and a captain in 
the unit, to 3-years' imprisonment and a fine of $924 (2,001 Egyptian 
pounds) each for the torture to death of Sayyed Eissa and the severe 
torture of his friend, Mustafa Abdel Aziz. The two defendants were 
detained without charge for 45 days on suspicion of car theft. The 
Minister of Interior personally referred the case for prosecution. Two 
other defendants in the case, the head of the auto theft unit and a 
police officer, were acquitted.
    In addition to prosecutions of police involved in cases of torture 
and abuse of detainees, civil courts continued to review cases and 
frequently awarded compensation to victims of police abuse. Human 
rights observers recommended that rules and standards for victims be 
established to obtain redress and parity in compensation.
    In prominent criminal cases, defendants alleged that they were 
tortured during questioning by police. Attorneys for 52 allegedly 
homosexual men, arrested in May 2001 and charged with debauchery and 
``insulting a heavenly religion,'' claimed that their clients were 
abused physically during the initial days of their detention, and that 
several had confessed under torture. Defendants in other cases 
involving homosexuality also claimed that they were tortured in order 
to extract confessions to the charge of ``debauchery'' (see Sections 
1.e. and 2.c.).
    In the Government's pending investigation of the alleged torture of 
dozens of suspects detained during the investigation of a double murder 
in the town of al-Kush, Sohag Governorate, in 1998, no interviews of 
village residents took place and the investigation appeared to make no 
progress during the year.
    From November 11 to 22, three domestic human rights associations, 
as well as two international organizations, presented their allegations 
and findings to the Committee Against Torture (CAT), a subcommittee of 
the U.N. Commission on Human Rights. The final recommendations of the 
U.N. Committee welcomed several recent actions taken by the Government 
including: The abolition of flogging in prisons (undertaken in 2001); 
unannounced inspections of places of detention; court decisions that 
disregarded confessions obtained under duress; increased human rights 
training for police officials; and the establishment of several human 
rights committees and departments within government ministries.
    However, the CAT report expressed concerns about: The continued 
implementation of the state of emergency since 1981; consistent reports 
of torture and ill treatment, especially at the hands of the SSIS; 
abuse of juveniles; abuse of homosexuals; the continued use of 
administrative detention; the lack of access by victims of torture to 
the courts and the length of proceedings, in addition to disparities in 
the awarding of compensation; and restrictions on NGOs.
    The CAT recommended that the Government consider: Ending the state 
of emergency; the adoption of a clear legal definition of torture; the 
abolition of incommunicado detention; the prompt investigation of 
complaints of torture; the more frequent inspection of places of 
detention; the review of military court decisions by a higher tribunal; 
the removal of ambiguities in the law that allow the prosecution of 
individuals for their sexual orientation; cessation and punishment of 
the abuse of minors and a halt to their detention with adults; the 
acceptance of a visit by a U.N. Special Rapporteur on Torture; the 
establishment of rules and standards for victims to obtain redress and 
parity in compensation; and to allow human rights organizations to 
pursue their activities unhindered.
    The country's delegation told the CAT that ``incompatibility of 
timetables'' had not made possible a visit to the country by the U.N. 
Special Rapporteur on Torture.
    Prison conditions remained poor and tuberculosis was widespread. 
Prisoners suffered from overcrowding of cells, the lack of proper 
hygiene, food, clean water, proper ventilation, and recreational 
activities, as well as inadequate medical care. Some prisons continued 
to be closed to the public.
    On June 9, the Public Prosecutor issued orders to all prosecutors' 
offices to allow defense lawyers access to investigation reports prior 
to the prosecution's questioning of defendants and ordered that lawyers 
and defendants not be separated for any reason during questioning.
    On July 10, HRCAP obtained an administrative court order that 
allows prisoners and their lawyers to meet privately without any 
barriers between them (such as standard mesh fencing).
    Prisoners were sometimes released on religious holidays without 
administrative delays, reflecting the Ministry of Interior's decision 
for direct release from prisons, rather than an intermediate transfer 
to security directorates for out-processing. However, human rights 
organizations reported that implementation of the policy in criminal 
cases was inconsistent, and that the direct-release policy was not 
implemented in general in cases involving political prisoners, 
especially in cases of detainees suspected of membership in the Muslim 
Brotherhood.
    Suspected Islamic group members were released during the year.
    Some were identified as repentant members of the Islamic Group, a 
banned terrorist organization. Observers said that the number of 
suspected Islamic Group members released during the year was 750.
    In March, April, and June, HRCAP successfully won court cases 
against the Ministry of Interior to lift the ban on visits to four 
prisons.
    Failure to implement judicial rulings regarding the release of 
administrative detainees or opening of prisons to visits continued to 
be a problem during the year. Relatives and lawyers often were unable 
to obtain access to prisons for visits. Restrictions were placed on 
visits to prisoners who are incarcerated for political or terrorist 
crimes, limiting the number of visits allowed for each prisoner and the 
total number of visitors allowed in the prison at one time. In November 
a Ministry of the Interior decree prohibited visits to inmates in three 
maximum security prisons, Istiqbal Tora, Abu Za'abal, and Liman Abu 
Za'abal, citing security concerns. The EOHR issued a statement 
regretting the move and asserting that the decree contradicted previous 
court rulings and existing regulations governing the treatment of 
prisons.
    As required by law, the public prosecutor continued to inspect 
prisons during the year. Findings were not made public. However, the 
premises of the SSIS, where torture was practiced, were excluded from 
mandatory judicial inspection.
    In December 2001, the People's Assembly approved an amendment 
banning flogging as a disciplinary measure in prisons. Local human 
rights groups welcomed the ban.
    There were separate prison facilities for men, women, and 
juveniles. However, the separation of adults from juveniles did not 
always occur, and abuses of minors were common. There were separate 
military prisons, and civilians were not detained in them. Political 
prisoners generally were detained separately from prisoners convicted 
of violent crimes.
    In principle lawyers, acting as de facto human rights monitors, 
were permitted to visit prisoners in their capacity as legal counsel; 
however, in practice they often faced considerable bureaucratic 
obstacles that prevented them from meeting with their clients who were 
prisoners. The International Committee of the Red Cross (ICRC) and 
other domestic and international human rights monitors did not have 
access to prisons or to all places of detention.

    d. Arbitrary Arrest, Detention, or Exile.--During the year, 
security forces conducted large-scale arrests and detained hundreds of 
individuals without charge. Police also at times arbitrarily arrested 
and detained persons. Under the provisions of the Emergency Law, the 
police may obtain an arrest warrant from the Ministry of Interior upon 
showing that an individual poses a danger to security and public order. 
This procedure nullified the constitutional requirement of showing that 
an individual likely has committed a specific crime to obtain a warrant 
from a judge or prosecutor.
    The Emergency Law allows authorities to detain an individual 
without charge. After 30 days, a detainee has the right to demand a 
court hearing to challenge the legality of the detention order and may 
resubmit his motion for a hearing at 1-month intervals thereafter. 
There is no maximum limit to the length of detention if the judge 
continues to uphold the legality of the detention order or if the 
detainee fails to exercise his right to a hearing. Incommunicado 
detention is authorized for prolonged periods by internal prison 
regulations. Human rights groups and the CAT both expressed concern 
over the application of measures of solitary confinement.
    In addition to the Emergency Law, the Penal Code also gives the 
State broad detention powers. Under the Penal Code, prosecutors must 
bring charges within 48 hours or release the suspect. However, they may 
detain a suspect for a maximum of 6 months pending investigation. 
Arrests under the Penal Code occurred openly and with warrants issued 
by a district prosecutor or judge. There is a system of bail. The Penal 
Code contains several provisions to combat extremist violence, which 
broadly define terrorism to include the acts of ``spreading panic'' and 
``obstructing the work of authorities.''
    Hundreds, perhaps thousands, of persons were detained 
administratively in recent years under the Emergency Law on suspicion 
of terrorist or political activity, in addition to several thousand 
others convicted and serving sentences on similar charges (see Section 
1.e.). In July Mohamed Zarei, head of HRCAP, put the total figure at 
15,000. Other estimates ranged between 13,000 and 16,000. Zarei stated 
that the number reflected the release of approximately 7,000 detainees 
over the past 3 years.
    In March HRCAP began the issuance of a series of lists of sick 
prisoners that it alleged were detained illegally. As of October, the 
group counted 505 such persons. The lists provided information on the 
date of arrest (all from the 1990s), the number of court orders for 
release, their present place of detention, and their ailment. The 
reports did not include information on the reasons for detention 
(political or criminal). HRCAP forwarded the lists to the President, 
urging the release of the detainees.
    Between February and June, newspapers and human rights groups 
reported the arrest of several individual members of the Popular 
Egyptian Committee to Support the Intifada and the Palestinian People. 
Tawfik Wail was arrested at the Cairo Book Fair while gathering 
signatures for a petition and released 3 days later. The Committee 
claimed that Wail was tortured. The National Committee in Defense of 
Prisoners of Conscience claimed in April that Haytham Mahmoud Mohamed 
was arrested in Alexandria along with seven members of the Popular 
Egyptian Committee to Support the Intifada and the Palestinian People, 
for unspecified reasons. The Secretary General of the Committee also 
was charged with possession of leaflets calling for demonstrations in 
support of Palestine. On May 21, EOHR issued a statement congratulating 
the prosecution for the release of the detainees.
    Over the course of the year, security forces arrested approximately 
300 persons allegedly associated with the Muslim Brotherhood, which has 
been an illegal organization since 1954. Charges leveled against 
members typically included: Belonging to and attempting to revive the 
activities of a banned organization; obstructing the laws and 
constitution of the country; inciting the masses against the Government 
(usually organizing demonstrations critical of the Government's 
position on the peace process and relationship with the United States; 
and attempting to infiltrate student bodies to spread the ideology of a 
banned organization.
    Of the approximately 300 detained, none remained in detention at 
year's end, according to a lawyer for the Muslim Brotherhood. Of those 
detained, 101 were arrested on charges of rioting, vandalism, and 
destruction of public property in Raml district during the June 27 
parliamentary elections. Raml, near Alexandria, was the site of 
skirmishes between security forces and supporters of two candidates 
affiliated with the Muslim Brotherhood. Six lawyers affiliated with the 
campaign of (female) Islamist candidate Gihan El Khalafawi also were 
arrested and detained by prosecutors for 15 days on suspicion of 
incitement to riot. In October the court acquitted 35 of the 101 
defendants and sentenced the remaining 66 to 3 months (time served). In 
an unusual statement, the judge in the case called on the Government to 
repeal the Emergency Law and urged authorities to limit referrals to 
the State Security Court to cases of an exceptional nature with a 
direct impact upon national security (see Section 1.e.).
    Arrests targeting high level Muslim Brotherhood members included 
Ali Abdel Fattah, who was arrested in May in Alexandria and released in 
August, for allegedly planning a ``million man march'' in support of 
the Intifada, and the September arrest in Cairo of Rashad Bayoumi and 
17 others. In June security forces impounded the offices of the 
Alexandria Physicians' Syndicate, whose head and Secretary-General were 
members of the Muslim Brotherhood. Syndicate offices allegedly were 
used as a base for Brotherhood activities. In July a military court 
handed down rulings in the case of 22 Muslim Brotherhood members who 
had been referred to the court by presidential decree in November 2001. 
The court sentenced 5 of them to 5-years' imprisonment, 11 to 3-years' 
imprisonment, and acquitted 6.
    In compliance with court orders, 35 members of the Muslim 
Brotherhood, including Muhammad El-Sayed Habib, were released in August 
after 15 months in detention. After a court ordered the release of 12 
Muslim Brotherhood members, having served three-quarters of their 
sentence, the Government contested the ruling. In October prominent 
Brotherhood member Mokhtar Nouh was released from prison.
    During the year, there were several confirmed reports that converts 
to Christianity were harassed by security authorities (see Section 
2.c.). For example, in June convert Hisham Samir Abdel-Lateef Ibrahim 
was detained in Alexandria by the SSIS, and held for 52 days at SSIS 
facilities in Alexandria and Cairo before being transferred to Torah 
Farms Prison, where he was interrogated at least three times. Ibrahim 
is believed to have been charged with forging identity documents, and 
``contempt of religion,'' although as of year's end, his case had not 
been referred to court. In a letter smuggled out of the prison, Ibrahim 
claimed that other converts to Christianity were detained in the same 
prison. He admitted to having procured a falsified identity document 
that showed his new religious affiliation. Ibrahim's case came to the 
attention of Coptic activists during the summer, when they retained 
legal counsel for him and began to sue for his release.
    The Government did not use forced exile.

    e. Denial of Fair Public Trial.--The judiciary was generally 
independent; however, under the Emergency Law, cases involving 
terrorism and national security may be tried in military, State 
Security, or State Security Emergency Courts, in which the accused does 
not receive all the normal constitutional protections of the civilian 
judicial system. The authorities ignored judicial orders in some cases.
    In a number of public statements during the year, Public Prosecutor 
Maher Abdel Wahed stated his intention to support abolishment of State 
Security Emergency Courts.
    The Constitution provides for the independence and immunity of 
judges and forbids interference by other authorities in the exercise of 
their judicial functions, and this provision generally was observed in 
practice. The President appoints all judges upon recommendation of the 
Higher Judicial Council, a constitutional body composed of senior 
judges. Judges are appointed for life, with mandatory retirement at age 
64. Only the Higher Judicial Council may dismiss judges for cause, such 
as corruption. The Higher Judicial Council is a set body headed by the 
president of the Court of Cassation. The Council regulates judicial 
promotions and transfers. The Government included lectures on human 
rights and other social issues in its training courses for prosecutors 
and judges.
    In the civilian court system, there are criminal courts, civil 
courts, administrative courts, and a Supreme Constitutional Court. 
There are three levels of regular criminal courts: Primary courts, 
appeals courts, and the Court of Cassation, which represents the final 
stage of criminal appeal. Criminal courts also have a state security 
division to hear cases that the Government considers to bear on state 
security; in these courts, the defendant may appeal only on procedural 
grounds. Civil courts hear civil cases and administrative courts hear 
cases contesting government actions or procedures; both systems have 
upper-level courts to hear appeals. The Supreme Constitutional Court 
hears challenges to the constitutionality of laws or verdicts in any of 
the courts.
    A lawyer is appointed at the court's expense if the defendant does 
not have counsel. Appointed lawyers are drawn from a roster that is 
chosen by the Bar Association; however, expenses are borne by the 
State. Any denial of this right is grounds for appeal of the ruling. 
However, detainees in certain high security prisons continued to allege 
that they were denied access to counsel or that such access was delayed 
until trial, thus denying counsel the time to prepare an adequate 
defense. A woman's testimony is equal to that of a man's in court. 
There is no legal prohibition against a woman serving as a judge, but 
no women served as judges (see Section 5).
    In 1992 following a rise in extremist violence, the Government 
began trying cases of defendants accused of terrorism and membership in 
terrorist groups before military tribunals. In 1993 the Supreme 
Constitutional Court ruled that the President may invoke the Emergency 
Law to refer any crime to a military court. This use of military and 
State Security Emergency Courts under the Emergency Law since 1993 was 
broadly interpreted and deprived hundreds of civilian defendants of 
their normal right under the Constitution to be tried by a civilian 
judge. The Government defended the use of military courts as necessary 
to try terrorism cases, maintaining that trials in the civilian courts 
were protracted and that civilian judges and their families were 
vulnerable to terrorist threats. No new cases involving civilian 
defendants were referred to military courts during the year.
    Military verdicts were subject to a review by other military judges 
and confirmation by the President, who in practice usually delegated 
the review function to a senior military officer. Defense attorneys 
claimed that they were not given sufficient time to prepare defenses 
and that judges tended to rush cases involving a large number of 
defendants. Nonetheless, judges had guidelines for sentencing, 
defendants had the right to counsel, and statements of the charges 
against defendants were made public. Observers needed government 
permission to attend. Diplomats attended some military trials during 
the year. Human rights activists have attended, but only when acting in 
their capacity as lawyers for one of the defendants.
    On September 9, a military court handed down verdicts in the trial 
of 94 defendants (5 of whom remained at large) on charges of conspiracy 
to commit acts of terrorism and membership in an illegal Islamist 
organization, the Wa'ad. The court sentenced defendants to varying 
terms of up to 15 years at hard labor, including Egyptian-American 
Muhammad Hisham Seif Iddin, or up to 3-years' imprisonment, and 
acquitted 43 other defendants. The release of the acquitted reportedly 
was delayed, and 12 were rearrested, including lead defendant Sheikh 
Nash'at Ibrahim. No new developments were reported by year's end.
    In the case of 170 defendants of the terrorist Islamic Group, there 
were no developments during the year; available information indicated 
that they remained in prison awaiting trial. In the case of the 22 
Muslim Brothers, on July 30 the courts acquitted 6, sentenced 5 to 5 
years in prison, and 11 to 3 years in prison.
    The State Security Emergency Courts shared jurisdiction with 
military courts over crimes affecting national security. The President 
appointed judges to these courts from the civilian judiciary upon the 
recommendation of the Minister of Justice and, if he chose to appoint 
military judges, the Minister of Defense. Sentences were subject to 
confirmation by the President. There was no right of appeal. The 
President may alter or annul a decision of a State Security Emergency 
Court, including a decision to release a defendant.
    During the year, State Security Emergency Courts handed down 
verdicts in 5 cases involving 12 defendants.
    In March a court sentenced Sherif El-Filali to 15 years' hard labor 
on espionage charges. On March 5, a court convicted eight persons from 
the city of Matariya of ``insulting a heavenly religion.'' Sentences 
ranged from 3 years in prison to a 1-year suspended sentence (see 
Section 2.c.). In April courts sentenced to 10 years at hard labor 
Mohammed El-Sayid Soliman, an alleged member of the banned terrorist 
Islamic Jihad group, as well as an alleged associate of Al-Qai'da 
leader Ayman Al-Zawahiri. In June a court sentenced Magdi Anwar Tawfiq 
to 10 years at hard labor for spying for Israel. In a July retrial, 
Mahmoud Abdel Ghani, an alleged member of the outlawed terrorist 
Islamic Group, was sentenced to life in prison for having joined the 
military wing of the group in Assiut and subsequently killing a police 
officer. At his first trial, Abdel Ghani had been sentenced to 5 years, 
but a military governor, on behalf of the President, refused to ratify 
the ruling and ordered a retrial. There were no further judgments 
issued by emergency courts after July.
    In May President Mubarak ordered a civilian court to retry 50 men 
in what was called the ``Queen Boat case,'' 23 of whom had been 
convicted in a State Security Emergency Court of ``habitual 
debauchery'' in November 2001. At the same time, the President ratified 
the verdicts against two of the original defendants who had been 
convicted of ``insulting a heavenly religion'' and ``unorthodox 
religious beliefs and practices.'' The retrial of the 50 was ongoing at 
year's end.
    In July the Military Governor's office rejected the appeal of 
Mamdouh Mehran, who had been sentenced in 2001 to prison for 3 years 
for propagating false information and ``insulting a heavenly 
religion,'' by publishing an article about the alleged sexual 
misconduct of a defrocked Coptic monk (see Section 2.a.).
    On February 6, the Court of Cassation overturned Saad Eddin 
Ibrahim's May 2001 conviction and ordered a retrial. On July 29, a 
State Security Court found Ibrahim guilty of seeking to harm the 
reputation of the State, accepting foreign funding without government 
approval, and defrauding a donor, and sentenced him to 7-years' 
imprisonment. Three codefendants were convicted on fraud charges and 
sentenced to 2- to 3-year terms, and three others received 1-year 
suspended sentences. The verdict was issued moments after formal oral 
arguments had been concluded.
    In the Ibrahim case, the charge of defrauding a donor stemmed from 
an E.U. Commission grant of $246,266 (261,000 euros) to Ibrahim's Ibn 
Khaldoun Center for Development Studies. Judges disregarded an 
affidavit from the chief of the E.U. mission in the country that 
affirmed that the E.U. was fully satisfied with the way the Center 
handled its grant. As in the first trial, the defense was denied access 
to the files of the Ibn Khaldoun center, seized by investigators at the 
time of Ibrahim's initial arrest in 2000. During the trial, judges did 
not address numerous defense motions, and at year's end had not 
provided the defense with a copy of the court transcript. Lawyers for 
Ibrahim and his codefendants filed appeals in September. On December 4, 
the Court of Cassation overturned the State Security Court's July 29 
conviction and set a retrial date of January 7, 2003, later rescheduled 
to February 4. Since this was the second time the court overturned a 
lower court's verdict, the Court of Cassation itself, rather than 
another State Security Court, will retry the case.
    On October 20, a State Security Court began hearing the case of 26 
persons, including three Britons, accused of membership in the 
extremist ``Islamic Liberation Party,'' which allegedly aimed to 
overthrow the Government. Some defendants have alleged they were 
tortured. One British defendant, who told the press his confession had 
been coerced, incorporated the word ``lies'' into his English signature 
on his confession.
    During the year, the Government continued to try and convict 
journalists and authors for slander, as well as for expressing their 
views on political and religious issues (see Sections 2.a. and 2.c.).
    According to local human rights organizations, there were 
approximately 13,000 to 16,000 persons detained without charge on 
suspicion of illegal terrorist or political activity (see Section 
1.d.), in addition to several thousand others convicted and serving 
sentences on similar charges.
    The Government did not permit access by international humanitarian 
organizations to political prisoners (see Section 1.c.). In October, an 
Amnesty International (AI) delegation was permitted to visit the 
country, but authorities denied the group's request to pay visits to 
detainees.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the sanctity and secrecy 
of the home, correspondence, telephone calls, and other means of 
communication; however, the Emergency Law abridges the constitutional 
provisions regarding the right to privacy, and the Government used the 
Emergency Law to infringe on these rights. Under the Constitution, 
police must obtain warrants before undertaking searches and wiretaps. 
Courts have dismissed cases in which warrants were issued without 
sufficient cause. Police officers who conducted searches without proper 
warrants were subject to criminal penalties, although penalties seldom 
were imposed. However, the Emergency Law empowers the Government to 
place wiretaps, intercept mail, and search persons or places without 
warrants. Security agencies frequently placed political activists, 
suspected subversives, journalists, foreigners, and writers under 
surveillance, screened their correspondence (especially international 
mail), searched them and their homes, and confiscated personal 
property.
    In November the upper house of Parliament, the Shura Council, 
approved a draft bill that permits security agencies and the Interior 
Ministry to conduct telephone and Internet wiretaps in the interest of 
national security. A draft article that permitted such tapping without 
court approval faced resistance among members and was withdrawn from 
the bill.
    Although the law does not explicitly criminalize homosexual acts, 
police have targeted homosexuals using Internet-based ``sting'' 
operations leading to arrests on charges of ``debauchery.'' According 
to a press report, a senior Interior Ministry official counted 19 
arrests of suspected homosexuals via the Internet. Local NGOs have 
counted 31 instances of Internet-based arrests of homosexuals since 
police began the practice in 2001. There were allegations of torture 
and convictions in the absence of evidence (see Sections 1.c. and 
2.a.).
    The Ministry of Interior has the authority to stop specific issues 
of foreign-published newspapers from entering the country on the 
grounds of protecting public order; it exercised this authority 
sporadically (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 partially 
restricted these rights. Citizens openly expressed their views on a 
wide range of political and social issues, including vigorous criticism 
of government officials and policies, but generally avoided certain 
topics, such as direct criticism of the President.
    The case of Dr. Saad Eddin Ibrahim, director of the Ibn Khaldoun 
Center for Development Studies, had broad implications for freedom of 
expression and a deterrent effect on human rights groups. Local 
observers believed that Ibrahim was prosecuted because of public 
remarks that he made regarding high-ranking officials that exceeded 
unwritten limits regarding freedom of expression (see Sections 1.e. and 
4).
    The Constitution restricts ownership of newspapers to public or 
private legal entities, corporate bodies, and political parties. There 
are numerous restrictions on legal entities that seek to establish 
their own newspapers, including a limit of 10 percent ownership by any 
individual.
    The Government owned stock in the three largest daily newspapers, 
and the President appointed their editors in chief, who generally 
followed the Government line. The Government also held a monopoly on 
the printing and distribution of newspapers, including those of the 
opposition parties. The Government used its monopolistic control of 
newsprint to limit the output of opposition publications.
    Opposition political parties published their own newspapers but 
received a subsidy from the Government and, in some cases, subsidies 
from foreign interests as well. Most newspapers were weeklies, with the 
exception of the dailies Al-Wafd and Al-Ahrar, both of which had small 
circulations. Opposition newspapers frequently published criticism of 
the Government. They also gave greater prominence to human rights 
abuses than did state-run newspapers. All party newspapers were 
required by law to reflect the platform of their parties.
    On July 15, the Higher Council for the Press approved the 
publication of 10 new periodicals and changes to the names of 2 
existing publications. No publications lost the right to publish. All 
10 new newspapers were independent.
    In May the Higher Administrative Court overturned a previous 
revocation of the permit of the weekly tabloid An-Naba', following 
publication of an article alleging sexual misconduct by a defrocked 
Coptic Orthodox monk (see Section 1.e.).
    In April the Administrative Court ruled for the 14th time in favor 
of the return of Al-Shaab newspaper, the official publication of the 
Labor Party. The court decided that since the Labor Party was 
suspended, but not disbanded, its newspaper could continue to publish.
    Because of the difficulties in obtaining a license, several 
publishers of newspapers and magazines aimed at a domestic audience 
obtained foreign licenses. The Department of Censorship in the Ministry 
of Information has the authority to censor or halt their distribution.
    The Center for Human Rights and Legal Assistance in 1999 organized 
a legal challenge to the constitutionality of the Information 
Ministry's censorship of offshore publications. The Supreme 
Constitutional Court began hearing the case in 2000 and held another 
hearing in January, but still had not issued a decision by year's end.
    There were no cases of censorship of foreign-licensed publications 
during the year.
    The Penal Code, Press Law, and Publications Law govern press 
issues. The Penal Code stipulates fines or imprisonment for criticism 
of the President, members of the Government, and foreign heads of 
state. The Supreme Constitutional Court agreed in 1998 to review the 
constitutionality of those articles of the Penal Code that specify 
imprisonment as a penalty for journalists convicted of libel, but had 
not begun hearing the case by year's end. The Press and Publication 
Laws ostensibly provide protection against malicious and 
unsubstantiated reporting. Financial penalties for violations were 
increased substantially in 1996 when relevant provisions of the Penal 
Code were revised, but the judicial process remained long and costly, 
creating a bar to realistic legal recourse for those wrongly defamed. 
In recent years, opposition party newspapers have published within 
limits articles critical of the President and foreign heads of state 
without being charged or harassed. The Government continued to charge 
journalists with libel. If he were found to be negligent, an editor-in-
chief could be considered criminally responsible for libel contained in 
any portion of the newspaper.
    For example, one of the six libel cases referred to the 
Constitutional Court during the year was the 1999 case of Mohamed 
Abdellah, who was sentenced in 2001 to 3 months' suspended sentence and 
fined a total of $4,620 (10,000 Egyptian pounds) for allegedly 
slandering Press Syndicate president Ibrahim Nafei. The Constitutional 
Court held its first session to review it and five other cases that 
were combined and heard together on March 18. The date of the next 
session was not set by year's end.
    During the year, the courts tried a number of prominent cases of 
libel filed both by government officials and private individuals. For 
example, in February the Cairo Criminal Court acquitted Mustafa Bakry, 
chief editor of Al-Osbou' newspaper but sentenced two journalists at 
the newspaper to a fine of $6,930 (15,000 Egyptian pounds) each for 
libel against a member of the People's Assembly. In April the Boulaq 
Court of Misdemeanors sentenced Ahmed Haredi Mohamed, a member of the 
Press Syndicate and the chief editor of Al Mithak Al Arabi, an 
electronic newspaper, to 6 months' imprisonment, a fine of $462 (1,000 
Egyptian pounds), and $924 (2,001 Egyptian pounds) as temporary 
compensation. Haredi was charged with libel and slander against Ibrahim 
Nafei, Press Syndicate President and chief editor of Al-Ahram, who 
initiated the lawsuit.
    In June the Fayyoum Court of Misdemeanors acquitted journalist 
Maher Naguib of slander and dismissed a civil suit against his 
newspaper, Akhbar El Youm, and its chief editor Ibrahim Se'da. Naguib 
had published a feature story on the allegedly improper acquisition of 
state owned land by private interests. The court stated that the intent 
of the article was not to libel the plaintiff but to defend public 
welfare. In November the Boulaq Court of Misdemeanor sentenced chief 
editor of Al-Midan newspaper Said Abdel Khaleq and a journalist to 3 
months in prison at labor (suspended) for publishing a photo of Anwar 
Sadat's body after his assassination.
    The Public Prosecutor may issue a temporary ban on the publication 
of news pertaining to cases involving national security in order to 
protect the confidentiality of the cases. The length of the ban is 
based on the length of time required for the prosecution to prepare its 
case.
    The law provides penalties for individuals who disclose information 
about the State during emergencies, including war and natural 
disasters. The penalties include fines of up to $2,772 (6,000 Egyptian 
pounds) and prison sentences of up to 3 years. There were no reports 
that the law was applied during the year.
    The law prohibits current or former members of the police from 
publishing work-related information without prior permission from the 
Interior Minister.
    Various ministries legally are authorized to ban or confiscate 
books and other works of art upon obtaining a court order; however, 
books may not be confiscated from the market without a court order. 
There were no court-ordered confiscations of books during the year.
    During the year, criminal and other lawsuits were brought or 
continued against several authors for expressing their views on 
religious or political issues. Most notable among these was the case of 
sociologist Saad Eddin Ibrahim whose charges in the State Security 
Emergency Court included harming the reputation of the State through 
his writings (see Sections 1.e. and 4).
    The Ministry of Interior regularly confiscated leaflets and other 
works by Islamists and other critics of the State. Members of the 
illegal Muslim Brotherhood also were arrested in connection with 
publications (see Sections 1.d. and 3). In many cases, the press 
reported that police confiscated written materials such as leaflets 
during the arrests.
    The Ministry of Interior sporadically prevented specific issues of 
foreign-published newspapers from entering the country on the grounds 
of protecting public order (see Section 1.f.). The Ministry of Defense 
may ban works about sensitive security issues. The Council of Ministers 
may order the banning of works that it deems offensive to public 
morals, detrimental to religion, or likely to cause a breach of the 
peace.
    The Government controlled and censored the state-owned broadcast 
media. The Ministry of Information owned and operated all ground-based 
domestic television and radio stations. Two private satellite stations, 
al Mihwar and Dream TV, began broadcasting in 2001 and operated without 
direct government interference. The Government had a 20 percent 
financial stake in the first and a 10 percent stake in the second. The 
Government did not block reception of foreign channels via satellite. 
The percentage of residents who received satellite television 
broadcasts was small, but many coffee shops and other public places 
offered satellite television.
    Plays and films must pass Ministry of Culture censorship tests as 
scripts and as final productions. However, many plays and films that 
were highly critical of the Government and its policies were not 
censored. Plays and films must pass Ministry of Culture censorship 
tests as scripts and as final productions. However, many plays and 
films that were highly critical of the Government and its policies were 
not censored.
    The Ministry of Culture also censored foreign films to be shown in 
theaters, but it was more lenient regarding the same films in 
videocassette format. Government censors ensured that foreign films 
made in the country portrayed the country in a favorable light. The 
Censorship Department banned three films from public viewing during the 
year: ``From Hell,'' banned for its violent and sexually explicit 
scenes; an Arabic film, ``Hidden Shadows,'' which dealt with 
relationships between spirits and humans; and ``The Guard,'' a science 
fiction story that depicted an ``evil'' spirit Talal, found in southern 
Iraq, fighting the ``good'' spirit David.
    The Ministry of Communication and Information Technology estimated 
that approximately 1 million citizens were Internet users. The 
Government did not restrict Internet use and did not monitor citizens' 
Internet use on a broad scale, although there may have been some 
monitoring by law enforcement officials.
    On July 7, the Sayyeda Zeinab Court of Misdemeanors issued the 
first verdict of its kind. It ordered a 1-year (suspended) prison term 
and a fine for Shuhdy Naguib Serrour for posting on the Internet a poem 
written by his father containing phrases that ``violated public 
ethics.'' The political poem, written in the early 1970s, was banned 
from publication at the time. The prosecution considered posting the 
piece on the Internet to be a violation of the ban. On August 26, 
Shuhdy contested the ruling before the Court of Appeals. On October 14, 
the South Cairo Court of Appeals upheld the previous decision.
    In June the Dokki Court of Misdemeanors sentenced Mohamed Hisham 
and his wife Hannan Sayyed to 6 months imprisonment with labor and a 
fine of $3,210 (5,000 Egyptian pounds) each for posting nude pictures 
on the Internet. Other cases of arrest related to the Internet also 
have included homosexuals in police ``sting'' operations (see Section 
1.f.).
    The Government did not restrict directly academic freedom at 
universities. However, deans were government-appointed rather than 
elected by the faculty. The Government justified the measure as a means 
to combat Islamist influence on campus. The Government also 
occasionally banned books for use on campuses, although no such cases 
occurred during the year.

    b. Freedom of Peaceful Assembly and Association.--The Government 
significantly restricted freedom of assembly. Citizens must obtain 
approval from the Ministry of Interior before holding public meetings, 
rallies, and protest marches. Many demonstrations were not approved; 
however, the Government tightly controlled public demonstrations that 
did occur to prevent them from spreading into the streets or other 
areas. The Interior Ministry selectively obstructed meetings scheduled 
to be held on private property and university campuses (see Section 4).
    The Government significantly restricted freedom of association. 
During the year, Law 84 entered into force. The law regulates the 
formation, function, and funding of NGOs and private foundations. The 
law grants to the Minister of Insurance and Social Affairs the 
authority to dissolve by decree NGOs, a power previously reserved to 
the courts. The law also requires NGOs to obtain permission from the 
Government before accepting foreign funds. According to government 
officials, funds from foreign government donors with established 
development programs in the country were excluded from this 
requirement. Government officials said that the law, which went into 
effect with the publication of executive regulations in October, would 
be applied in a liberal spirit.
    In 2000 the Supreme Constitutional Court overturned the previous 
law, Law 153. Pending the passage of Law 84 and the issuance of 
executive regulations, an earlier law (Law 32) was reinstated, leaving 
many NGOs in an unsettled registration status. No human rights 
organizations were registered as NGOs during the year. Several other 
human rights organizations that applied for registration in the past, 
including the EOHR, HRCAP, and the Cairo Institute for Human Rights 
Studies (CIHRS) were not registered by year's end.
    Under legislation governing professional syndicates, at least 50 
percent of the general membership of an association must elect the 
governing board. Failing a quorum, a second election must be held in 
which at least 30 percent of the membership votes for the board. If 
such a quorum is unattainable, the judiciary may appoint a caretaker 
board until new elections can be scheduled. The law was adopted to 
prevent well-organized minorities, specifically Islamists, from 
capturing or retaining the leadership of professional syndicates. 
Members of the syndicates have reported that Islamists have used 
irregular electoral techniques, such as physically blocking polling 
places and limiting or changing the location of polling sites.

    c. Freedom of Religion.--The Constitution provides for freedom of 
belief and the practice of religious rites; however, the Government 
placed restrictions on this right and discrimination against religious 
minorities existed. Only Islam, Christianity, and Judaism are 
recognized by the Government as religions.
    Most citizens are Sunni Muslims. There is a small number of Shi'a 
Muslims. Approximately 8 to 10 percent of the population are 
Christians, the majority of whom belong to the Coptic Orthodox Church. 
There are other small Christian denominations, a small Baha'i 
community, and a Jewish community that numbers approximately 200 
persons.
    Under the Constitution, Islam is the official state religion and 
primary source of legislation. Accordingly, religious practices that 
conflict with Shari'a (Islamic law) are prohibited. However, the 
practice of Christianity or Judaism does not conflict with Shari'a and, 
for the most part, members of the non-Muslim minority worshipped 
without harassment and maintained links with coreligionists abroad.
    All mosques must be licensed, and the Government was engaged in an 
effort to control them legally. The Government appointed and paid the 
salaries of the imams who lead prayers in mosques, proposed themes for 
them, and monitored their sermons. In December 2001, the Minister of 
Awqaf announced that the Government controlled 57,000 mosques and 
13,000 mosques located in private buildings. There were more than 
80,000 mosques in the country, of which as many as 10,000 may be 
unlicensed. In an effort to combat extremists, the Government announced 
its intention to bring all unauthorized mosques under its control.
    Neither the Constitution nor the Civil and Penal Codes prohibits 
proselytizing or conversion. However, during the past two decades, 
several dozen Christians who were accused of proselytizing or who had 
converted from Islam were harassed by police or arrested on charges of 
violating Article 98(F) of the Penal Code, which prohibits citizens 
from ridiculing or insulting heavenly religions or inciting sectarian 
strife.
    There are no restrictions on the conversion of non-Muslims to 
Islam. However, in cases involving conversion from Islam to 
Christianity, authorities have charged several converts with violating 
laws prohibiting the falsification of documents. In such instances, 
converts, who fear government harassment if they officially register 
the change from Islam to Christianity, have altered their 
identification cards and other official documents themselves to reflect 
their new religious affiliation.
    In 1996 human rights activist Mamdouh Naklah filed a lawsuit 
challenging the constitutionality of the 10 conditions for building a 
church, some dating from the Ottoman era. The court requested in 
October 2001 that the State Commissioners render an opinion on the 
constitutionality of the conditions. No opinion was issued during the 
year.
    In response to strong criticism of the restrictive requirements 
dating back to the Ottoman era, President Mubarak took several steps to 
facilitate church repairs. In 1999 he issued a decree making the repair 
of all places of worship subject to a 1976 civil construction code. The 
decree was significant symbolically because it made churches and 
mosques equal under the law. The practical impact of the decree was to 
facilitate significantly church repairs; however, Christians reported 
that local permits still were subject to approval by security 
authorities.
    During the year, the Government issued 12 permits for church-
related construction. The approval process for church construction 
suffered from delays and was insufficiently responsive to the Christian 
community, although the President reportedly approved all requests for 
permits that were presented to him. The incidence of blocked or delayed 
orders varied, often depending on the church's relationship with local 
security officials and the level of support of the local governor.
    In July following a complaint by Muslim villagers, Sohag security 
authorities closed a building used as a church since 1975 in Nag'a al 
Kiman on the grounds that it had no permit, and briefly arrested some 
of the congregation. Church officials maintained that most churches in 
the area had no permit and the security authorities were aware of that 
fact. There was no resolution of the problem by year's end.
    The Constitution requires schools to offer religious instruction. 
Public and private schools provided religious instruction according to 
the faith of the student.
    The Government occasionally prosecuted members of religious groups 
whose practices deviated from mainstream Islamic beliefs and whose 
activities were believed to jeopardize communal harmony. In May the 
President upheld the convictions in a State Security Emergency Court of 
two citizens, charged with insulting a heavenly religion. They 
allegedly advocated a belief system combining Islam and tolerance for 
homosexuality (see Sections 1.d. and 1.e.).
    On March 5, a State Security Emergency Court convicted eight 
persons from the city of Matariya (near Cairo) of insulting a heavenly 
religion. They were arrested in October 2001 for unorthodox Islamic 
beliefs and practices. Sentences ranged from 3 years in prison to a 1-
year suspended sentence.
    In September Sayed Tolba, who claimed to be a prophet, was 
sentenced to 3 years' imprisonment for insulting religion and promoting 
extreme ideas. Twenty followers received lesser sentences.
    During the year, several writers also were charged with expressing 
unorthodox religious beliefs and practices (see Section 2.a.).
    The Islamic Research Center of Al-Azhar University had legal 
authority to censor all publications dealing with the Koran and Islamic 
scriptural texts (see Section 2.a.).
    In September 2001, the Alexandria administrative court issued a 
decision canceling the annual Jewish celebration at the tomb of Rabbi 
Abu Hasira in Beheira. Reportedly, villagers complained about the 
behavior of pilgrims. The court suspended a Ministry of Culture decree 
declaring the tomb a national antiquity site. Although the Ministry 
reportedly contested the 2001 decision, the festival was not held 
during the year and the matter remained unresolved at year's end.
    The Constitution provides for equal public rights and duties 
without discrimination due to religion or creed. For the most part, the 
Government upheld these constitutional protections; however, 
discrimination against minority religions, including Christians and 
Baha'is, existed.
    In a well-received step on December 17, the President declared that 
January 7, Coptic Christmas, would henceforth be a national holiday. 
The move was warmly welcomed by Christians and also by the country's 
principal Islamic leader, the Sheikh of Al-Azhar. Christian leaders 
stated that the declaration gave Copts increased recognition and 
respect and raised the consciousness of the country's Muslims toward 
non-Muslim fellow citizens.
    Although there has been improvement in the past 2 years in some 
areas, such as the introduction of the Coptic era into history 
curriculums in all government schools and increased coverage of 
Christian subjects in the mass media, discriminatory government 
practices persisted including suspected statistical underrepresentation 
of the size of the Christian population for the 1986 census, the last 
which indicated religion.
    There were no Christians serving as governors, police 
commissioners, city mayors, university presidents, or deans. There were 
few Christians in the upper ranks of the security services and armed 
forces. Discrimination against Christians also continued in public 
sector employment, in staff appointments to public universities, in 
failure (with the exception of one case during the year) to admit 
Christians into public university training programs for Arabic language 
teachers that involved study of the Koran, and payment of Muslim imams 
through public funds (Christian clergy are paid with private church 
funds).
    The approximately 6 million Coptic Christians were the objects of 
occasional violent assaults by the Islamic Group and other terrorists. 
Some Christians alleged that the Government was lax in protecting 
Christian lives and property, as several riots and conflicts with 
injuries and property damage occurred during the year (see Section 
2.c.). However, there were no reports of terrorist attacks against 
Christians. In a number of cases, in particular regarding murder, it 
was difficult to determine whether religion was a factor.
    During the year, the trial continued of 96 persons (58 Muslims and 
38 Christians) for crimes, including murder committed in al-Kush in 
Sohag Governorate in 2000. A trade dispute between a Christian clothing 
merchant and a Muslim customer in December 1999 escalated into violent 
exchanges, resulting in the deaths of 21 Christians and 1 Muslim. The 
Muslim victim was killed by other Muslims who mistook him for a 
Christian. The violence also resulted in the injury of 39 persons in 
al-Kush and 5 persons in the neighboring municipality of Dar al-Salaam. 
Approximately 200 businesses and homes in the area were damaged.
    The first trial of the 96 ended in February 2001, with the 
acquittal of 92 of the 96 defendants. The lead judge cited inadequate 
evidence in justifying the verdicts. After an outcry from the Christian 
community, the Public Prosecutor successfully appealed the verdicts, 
and a retrial opened in November 2001, and completed sessions in 
October. The lead judge said the verdict is expected to be announced in 
January 2003.
    There were reports of forced conversions of Coptic girls to Islam. 
Reports of such cases were disputed and often included inflammatory 
allegations and categorical denials of kidnaping and rape. Observers, 
including human rights groups, found it extremely difficult to 
determine whether compulsion was used, as most cases involved a Coptic 
girl who converted to Islam when she married a Muslim. According to the 
Government, in such cases the girl must meet with her family, with her 
priest, and with the head of her church before she is allowed to 
convert. However, there were credible reports of government harassment 
of Christian families that attempted to regain custody of their 
daughters. The law states that a marriage of a girl under the age of 16 
is prohibited, and between the ages of 16 and 21 is illegal without the 
approval and presence of her guardian. The authorities also sometimes 
failed to uphold the law in cases of marriage between underage 
Christian girls and Muslim boys.
    There is no legal requirement for a Christian girl or woman to 
convert to Islam in order to marry a Muslim. However, if a Christian 
woman marries a Muslim man, the Coptic Orthodox Church excommunicates 
her. Ignorance of the law and societal pressure, including the 
centrality of marriage to a woman's identity, often affect her 
decision. Family conflict and financial pressure also are cited as 
factors. Conversion is regarded as a disgrace to the convert's family, 
so most Christian families would object strongly to a daughter's wish 
to marry a Muslim. If a Christian girl converts to Islam, her family 
loses guardianship, which transfers to a Muslim custodian, who is 
likely to grant approval. The law is silent on the matter of the 
acceptable age of conversion.
    In April a court ruled in the case of Iman 'Atiya Soliman, born a 
Christian in 1982, who ``disappeared,'' or was ``kidnaped,'' (according 
to her family) in 1999, reportedly converted to Islam in 1999, and 
married in 2000. The girl's father sued for custody and abolition of 
the marriage, alleging that authorities had issued her a falsified 
identity card, which showed her to be 22 at the time of her marriage. 
The court ruled that the father lost custody of his daughter when she 
converted to Islam.
    Anti-Semitism is found in both the progovernment press and in the 
press of the opposition parties, and increased late in 2000 and again 
during the year following the outbreak of violence in Israel and the 
occupied territories. There were no violent anti-Semitic incidents in 
recent years directed at the tiny Jewish community.
    Dream TV, a station in which the Government had a 10 percent 
interest, aired a historical drama series titled ``Horseman without a 
Horse.'' The 41-episode series contained numerous anti-Semitic 
depictions of Jewish characters and included some references to the 
forged ``Protocols of the Elders of Zion.'' Following international 
protests, state-owned Egypt TV, one of many stations in the Middle East 
that broadcast the series, edited 77 minutes from the program and added 
a disclaimer, which noted that the historical authenticity of the 
protocols had never been established and that the series was the result 
of the author's imagination. There was some direct criticism of the 
series in the local press, especially for the poor scriptwriting and 
low production value, but also some criticism of the anti-Semitic 
material. Progovernment newspapers published a denunciation of the 
protocols by local historian Abdel Waheb Al-Messiry. In addition, in 
late December, Presidential advisor Ossama El-Baz published a three-
part series in the progovernment newspaper Al-Ahram in which he 
explained the origins of and criticized the phenomenon of anti-
Semitism.
    In 1960 President Gamal Abdel Nasser issued a decree banning Baha'i 
institutions and community activities. All Baha'i community properties, 
including Baha'i centers, libraries, and cemeteries, were confiscated 
at that time. The ban has not been rescinded. ``Baha'i'' is not 
allowable as a religious identity, which is a required category on 
official documents. Its prohibition constitutes an infringement on 
religious freedom.
    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 and foreigners were free to 
travel within the country, except in certain military areas. Males who 
have not completed compulsory military service may not travel abroad or 
emigrate, although this restriction may be deferred or bypassed under 
special circumstances. Unmarried women under the age of 21 must have 
permission from their fathers to obtain passports and travel. Married 
women no longer legally require the same permission from their 
husbands; however, in practice police reportedly still required such 
permission in most cases (see Section 5). Citizens who leave the 
country had the right to return.
    The Constitution provides for the granting of asylum and refugee 
status in accordance with the 1951 Convention Relating to the Status of 
Refugees and its 1967 Protocol; however, the Government maintained 
several reservations to the convention that limited the ease with which 
the refugee population could integrate locally. Because the country 
lacked national legislation or a legal framework governing the granting 
of asylum, the Office of the U.N. High Commissioner for Refugees 
(UNHCR) assumed full responsibility for the determination of refugee 
status on behalf of the Government. The Government generally cooperated 
with the UNHCR and treated refugees in accordance with minimum 
standards and agreed arrangements. The UNHCR provided recognized 
refugees with a refugee identification card that was considered a 
residence permit and bore the stamp of the national authorities. 
Refugees generally may not obtain citizenship. During the year, 
approximately 9,000 recognized refugees, the majority of whom were 
Sudanese, resided in the country, in addition to the 70,000 Palestinian 
refugees registered with government authorities. There were also 
approximately 16,000 asylum seekers awaiting status determination. 
Although there was no pattern of abuse of refugees, during random 
security sweeps the Government temporarily detained some refugees who 
were not carrying proper identification. Following intervention by the 
UNHCR, the refugees were released.
    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 ruling National Democratic Party dominated the 454-seat 
People's Assembly, the 264-seat Shura Council, local governments, the 
mass media, labor, and the large public sector, and controlled the 
licensing of new political parties, newspapers, and private 
organizations to such an extent that, as a practical matter, citizens 
did not have a meaningful ability to change their government.
    In September 1999, President Hosni Mubarak was elected unopposed to 
a fourth 6-year term in a national referendum. According to official 
results, he received 94 percent of the vote. Mubarak had been 
previously nominated by the People's Assembly. Under the Constitution, 
the electorate is not presented with a choice among competing 
presidential candidates.
    Despite the overall improvement in the electoral process, there 
still were problems affecting the fairness of the 2000 parliamentary 
elections, particularly in the period leading up to elections and 
outside some polling stations on election day. During the months 
preceding the elections, the Government arrested thousands of members 
of the Muslim Brotherhood on charges of belonging to an illegal 
organization. Most observers believed that the Government was seeking 
to undermine the Muslim Brotherhood's participation in the People's 
Assembly and professional syndicate elections through intimidation. In 
addition, previous convictions on such charges legally precluded many 
potential candidates from running.
    The People's Assembly debated government proposals, and members 
exercised their authority to call cabinet ministers to explain policy. 
The executive initiated almost all legislation. The Assembly exercised 
limited influence in the areas of security and foreign policy, and 
retained little oversight of the Interior Ministry's use of Emergency 
Law powers. Many executive branch initiatives and policies were carried 
out by regulation through ministerial decree without legislative 
oversight. Votes generally were reported in aggregate terms of yeas and 
nays, and thus constituents had no independent method of checking a 
member's voting record.
    The Shura Council, the upper house of Parliament, had 264 seats; 
two-thirds of which were elected and one-third of which were appointed 
by the President. In 2001 President Mubarak appointed 45 members to the 
Shura Council, including 8 women and 4 Christians.
    There were 16 recognized opposition parties. In 2001 the courts 
accepted one party, El Geel (``the generation'') Democratic Party and 
upheld the Political Parties Committee's rejection of the Republican 
Party. Seven appeals were pending before the Administrative Court by 
parties that had been rejected by the Political Parties Committee.
    The Political Parties Committee also may withdraw recognition from 
existing political parties. The Labor Party, which lost recognition in 
2000 under similar circumstances, remained suspended (see Section 
2.a.).
    The Muslim Brotherhood remained an illegal organization and may not 
be recognized as a political party under the law, which prohibits 
political parties based on religion. Muslim Brotherhood members were 
known as such publicly and openly spoke their views, although they did 
not explicitly identify themselves as members of the organization. They 
remained subject to government pressure (see Section 1.d.). Seventeen 
candidates affiliated with the Muslim Brotherhood were elected to the 
People's Assembly (as independents) in 2000.
    In November several opposition parties and human rights 
organizations announced the formation of a coalition termed the 
``Committee for the Defense of Democracy.'' The committee's stated 
mandate was to advocate political and economic reforms. The committee's 
first objectives were to block the extension of the Emergency Law (in 
force since 1981 and due for renewal in May 2003) and to oppose 
implementation of a law that regulates NGOs.
    The total number of women in the People's Assembly was 11. The 
total number of People's Assembly members from religious minorities 
(all Christian) was seven. Two women and 2 Christians served among the 
32 ministers in the Cabinet. There were no women and no non-Muslims on 
the Supreme Court.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    In June the Government passed a law governing the regulation and 
operation of NGOs. The new law replaced one struck down by the Supreme 
Constitutional Court in June 2000 on procedural grounds. The new law, 
and its subsequent implementing regulations, were controversial and 
drew criticism from local NGOs and international activists, some of 
whom charged that the law and regulations placed unduly burdensome 
restrictions on NGO operations. Of particular concern was a new 
provision in the law that granted the Minister of Social Affairs the 
authority to dissolve an NGO by decree, rather than requiring a court 
order.
    The status of many NGOs remained unclear during the year, as their 
previous registrations were invalidated with the annulment of Law 153/
1999. Under the implementing regulations of the new law, issued on 
October 23, NGOs were given 1 year in which to reregister. No human 
rights organizations were registered as NGOs during the year. Several 
human rights organizations that applied for registration in 1999 or 
2000, including the EOHR, HRCAP, and CIHRS, were not registered by 
year's end (see Section 2.b.).
    Despite years of nonrecognition, the EOHR and other groups at times 
obtained the cooperation of government officials. EOHR field workers 
visit some prisons in their capacity as legal counsel, but not as human 
rights observers. They call on some government officials and receive 
funding from foreign human rights organizations. In an unusual and 
positive development, in September 2001 the Ministry of Interior issued 
a detailed written rebuttal to a March 2001 report by the HRCAP 
regarding torture and lawsuits related to torture (see Section 1.c.).
    Government restrictions on NGO activities, including limits on 
organizations' ability to accept funding, continued to inhibit 
significantly reporting on human rights abuses. The case of Saad Eddin 
Ibrahim, director of the Ibn Khaldoun Center for Development Studies, 
had a significant deterrent effect on the work of human rights 
organizations, which existed largely on foreign funding (see Sections 
1.e. and 2.a.).
    During the year the Government permitted the CIHR and other human 
rights organizations, including HRCAP, EOHR, Arab Center for 
Independence of Judiciary, and ``The Land Center,'' to hold conferences 
and to participate in international conferences.
    In July LCHR issued a statement signed by eight other human rights 
organizations in which they complained of harassment by security 
officials and the Azbakiya Public Prosecutor's office regarding its 
irregular publication ``Al Ard.'' According to LCHR, a prosecutorial 
investigation was continuing at year's end (see Section 2.b.).
    The Government generally cooperated with international 
organizations. However, it has not agreed to a requested visit by the 
UNCHR Special Rapporteur on Torture, according to the delegate to the 
November session of the CAT, because of an incompatibility of 
timetables (see Section 1.c.).

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution provides for equality of the sexes and equal 
treatment of non-Muslims; however, aspects of the law and many 
traditional practices discriminated against women and religious 
minorities.

    Women.--Domestic violence against women was a significant problem 
and was reflected in press accounts of specific incidents. The law does 
not prohibit spousal abuse specifically; provisions of law relating to 
assault in general are applied. According to a 1995 national study, one 
of every three women who have ever been married had been beaten at 
least once during marriage. Among those who had been beaten, less than 
half had ever sought help. Due to the value attached to privacy in the 
country's traditional society, abuse within the family rarely was 
discussed publicly. Spousal abuse is grounds for a divorce; however, 
the law requires the plaintiff to produce eyewitnesses, a difficult 
condition to meet. Several NGOs offered counseling, legal aid, and 
other services to women who were victims of domestic violence. 
Activists believed that in general the police and the judiciary 
considered the ``integrity of the family'' more important than the well 
being of the woman. The Ministry of Insurance and Social Affairs 
operated more than 150 family counseling bureaus nationwide, which 
provided legal and medical services.
    The Government prosecuted rapists, and punishment for rape ranges 
from 3 years in prison to life imprisonment with hard labor. Although 
reliable statistics regarding rape were not available, activists 
believed that it was not uncommon, despite strong social disapproval. 
If a rapist is convicted of abducting his victim, he is subject to 
execution. Marital rape is not illegal.
    ``Honor killings'' (a man murdering a female for her perceived lack 
of chastity) were not common. In practice the courts sentenced 
perpetrators of honor killings to lesser punishments than those 
convicted in other cases of murder. There were no reliable statistics 
regarding the extent of honor killings.
    FGM was common despite the Government's commitment to eradicating 
the practice and NGO efforts to combat it. Traditional and family 
pressures remained strong; a study conducted in 2000 estimated the 
percentage of women who have ever been married and had undergone FGM at 
97 percent. The survey showed that attitudes may be changing slowly; 
over a 5-year period, the incidence of FGM among the daughters (from 
ages 11 to 19) of women surveyed fell from 83 to 78 percent. FGM was 
equally prevalent among Muslims and Christians.
    In 1996 the Minister of Health and Population issued a decree 
banning FGM. In addition to attempting to enforce the decree, the 
Government supported a range of efforts via television and by religious 
leaders to educate the public. However, illiteracy impedes some women 
from distinguishing between the deep-rooted tradition of FGM and 
religious practices. Moreover, many citizens believed that FGM was an 
important part of maintaining female chastity, and the practice was 
supported by some Muslim religious authorities and Islamist political 
activists.
    Prostitution and sex tourism are illegal but occurred, mostly in 
Cairo and Alexandria.
    Sexual harassment is not prohibited specifically by law; there were 
no statistics available regarding its prevalence.
    The law provides for equality of the sexes; however, aspects of the 
law and many traditional practices discriminated against women. By law 
unmarried women under the age of 21 must have permission from their 
fathers to obtain passports and to travel. Married women do not, but 
police sometimes did not apply the law consistently. Only males may 
confer citizenship; children born to women with foreign husbands are 
not conferred the benefits of citizenship. In rare cases, this meant 
that children born to Egyptian mothers and stateless fathers were 
themselves stateless. A woman's testimony is equal to that of a man's 
in the courts. There is no legal prohibition against a woman serving as 
a judge, although in practice no women served as judges. At year's end, 
the Court of Cassation still was examining the cases of two female 
attorneys, Fatma Lashin and Amany Talaat, who challenged the 
Government's refusal to appoint them as public prosecutors. (To become 
a judge, one must first serve as a public prosecutor.)
    Laws affecting marriage and personal status generally corresponded 
to an individual's religion. In 2000 the Parliament passed a new 
Personal Status Law that made it easier for a Muslim woman to obtain a 
divorce without her husband's consent, provided that she was willing to 
forego alimony and the return of her dowry. (The Coptic Orthodox Church 
permits divorce only in specific circumstances, such as adultery or 
conversion of one spouse to another religion.)
    Under Islamic law, non-Muslim males must convert to Islam to marry 
Muslim women, but non-Muslim women need not convert to marry Muslim 
men. Muslim female heirs receive half the amount of a male heir's 
inheritance, while Christian widows of Muslims have no inheritance 
rights. A sole female heir receives half her parents' estate; the 
balance goes to designated male relatives. A sole male heir inherits 
all his parents' property. Male Muslim heirs face strong social 
pressure to provide for all family members who require assistance; 
however, this assistance is not always provided.
    Labor laws provide for equal rates of pay for equal work for men 
and women in the public sector. According to government figures, women 
constituted 17 percent of private business owners and occupied 25 
percent of the managerial positions in the four major national banks. 
Educated women had employment opportunities, but social pressure 
against women pursuing a career was strong, and women's rights 
advocates claimed that Islamist influence inhibited further gains. 
Women's rights advocates also pointed to other discriminatory 
traditional or cultural attitudes and practices, such as FGM and the 
traditional male relative's role in enforcing chastity.
    A number of active women's rights groups worked in diverse areas, 
including reforming family law, educating women on their legal rights, 
promoting literacy, and combating FGM.

    Children.--The Government remained committed to the protection of 
children's welfare and attempted to do so within the limits of its 
budgetary resources. The Child Law provides for privileges, protection, 
and care for children in general. Six of the law's 144 articles set 
rules protective of working children (see Section 6.d.). Other 
provisions include a requirement that employers set up or contract with 
a child care center if they employ more than 100 women; the right of 
rehabilitation for children with disabilities; a prohibition on 
sentencing defendants between the ages of 16 and 18 to capital 
punishment, hard labor for life, or temporary hard labor; and a 
prohibition on placing defendants under the age of 15 in preventive 
custody, although the prosecution may order that they be lodged in an 
``observation house'' and be summoned upon request. International 
donors provided many of the resources for children's welfare, 
especially in the field of child immunization.
    The Government provided public education, which is compulsory for 
the first 9 academic years (typically until the age of 15). The 
Government treated boys and girls equally at all levels of education.
    There were no statistics available regarding the prevalence of 
child abuse.
    Children with foreign fathers were not considered citizens and thus 
could not attend public school or state universities, were barred from 
certain professional schools, and could not work without meeting 
foreign residency requirements and obtaining work permits. There were 
an estimated 400,000 such children in the country.
    FGM generally was performed on girls between the ages of 7 and 12 
(see Section 5, Women).

    Persons with Disabilities.--There are no laws specifically 
prohibiting discrimination against persons with physical or mental 
disabilities, but the Government made serious efforts to address their 
rights. It worked closely with U.N. agencies and other international 
aid donors to design job-training programs for persons with 
disabilities. The Government also sought to increase the public's 
awareness of the capabilities of persons with disabilities in 
television programming, the print media, and in educational material in 
public schools. There were approximately 5.7 million persons with 
disabilities, of whom 1.5 million were disabled severely.
    By law all businesses must designate 5 percent of their jobs for 
persons with disabilities, who are exempt from normal literacy 
requirements. Although there was no legislation mandating access to 
public accommodations and transportation, persons with disabilities may 
ride government-owned mass transit buses free of charge, were given 
priority in obtaining telephones, and received reductions on customs 
duties for private vehicles. A number of NGOs were active in efforts to 
train and assist persons with disabilities.

Section 6. Worker Rights

    a. The Right of Association.--There are no legal obstacles to 
establishing private sector unions, although such unions were not 
common. Workers may join trade unions but are not required to do so. A 
union local, or workers' committee, may be formed if 50 employees 
express a desire to organize. Most union members, about one-quarter of 
the labor force, were employed by state-owned enterprises. Unionization 
decreased in the past several years as a result of early retirement 
plans in public sector enterprises, and the privatization of many of 
these enterprises. The law stipulates that ``high administrative'' 
officials in government and in public sector enterprises may not join 
unions.
    There were 23 trade unions, all required to belong to the Egyptian 
Trade Union Federation (ETUF), the sole legally recognized labor 
federation. The International Labor Organization's (ILO) Committee of 
Experts repeatedly emphasized that a law that requires all trade unions 
to belong to a single federation infringes on freedom of association. 
The ILO also consistently criticized ETUF control over the nomination 
and election procedures for trade union officers, as well as the lack 
of protection of the right of workers' organizations to organize their 
administration, including their financial activities, without 
interference from public authorities. However, the Government showed no 
sign that it intended to accept the establishment of more than one 
federation. ETUF officials had close relations with the NDP, and some 
were members of the People's Assembly or the Shura Council. They spoke 
vigorously on behalf of worker concerns, but public confrontations 
between the ETUF and the Government were rare.
    Some unions within the ETUF were affiliated with international 
trade union organizations. Others were in the process of becoming 
affiliated.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining did not exist in any meaningful sense because by law the 
Government sets wages, benefits, and job classifications. The ILO for 
years claimed that the Labor Code undermined the principle of voluntary 
bargaining by providing that any clause of a collective agreement that 
might impair the economic interest of the country was null and void. 
Under the law, unions may negotiate work contracts with public sector 
enterprises if the latter agree to such negotiations, but unions 
otherwise lacked collective bargaining power in the public sector.
    The labor laws do not provide adequately for the right to strike. 
The Government considered strikes a form of public disturbance and 
therefore illegal. Workers who strike may face prosecution and prison 
sentences of up to 2 years; however, there were no such prosecutions 
during the year.
    There were approximately a dozen strikes during the year. Strikes 
mainly concerned delayed payment of salaries, wage cuts, terminations, 
increased working hours, and suspension of job promotions. In one 
incident, 170 subway assistant drivers staged a hunger strike for more 
than 1 week because they were not promoted. The strike was significant 
because it took place in one of the ``public utilities that provide 
vital services.'' Under the new labor law that was approved in June, 
workers in such utilities are denied the right to strike. Some members 
of parliament have threatened to challenge the constitutionality of the 
new law.
    Firms, apart from large ones in the private sector, generally did 
not adhere to government-mandated standards. Although they are required 
to observe some government practices, such as the minimum wage, social 
security insurance, and official holidays, firms often did not adhere 
to government practice in nonbinding matters, including award of the 
annual Labor Day bonus.
    Labor law and practice are the same in the six existing export 
processing zones (EPZs) as in the rest of the country.

    c. Prohibition of Forced or Bonded Labor.--The Constitution 
prohibits forced labor, and domestic and foreign workers generally are 
not subject to coerced or bonded labor; however, the Criminal Code 
authorizes sentences of hard labor for some crimes. The law does not 
prohibit specifically forced and bonded labor by children. In April the 
Government signed and ratified ILO Convention 182 on the Worst Forms of 
Child Labor (see Section 6.d.).

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Child labor was widespread and the Government took 
seriously the problem of child labor; however, in general it did not 
devote adequate resources to implement its child labor policies. The 
minimum age for employment is 14 years of age in nonagricultural work. 
UNICEF reported on the widespread practice of poor rural families 
making arrangements for a daughter to be employed as a domestic servant 
in the homes of wealthy citizens (see Section 6.c.).
    The Labor Law of 1996 and associated ministerial decrees greatly 
limit the type and conditions of work that children below the age of 18 
may perform legally. Provincial governors, with the approval of the 
Minister of Education, may authorize seasonal work for children between 
the ages of 12 and 14, provided that duties are not hazardous and do 
not interfere with schooling. During the summer, the President and the 
Ministry of Education authorized governors to delay the start of the 
school year in their governorates pending the end of the crop season. 
According to media reports, one provincial governor delayed school for 
1 week pending the end of a crop season.
    Preemployment training for children under the age of 12 is 
prohibited. Children are prohibited from working for more than 6 hours 
a day and one or more breaks totaling at least 1 hour must be included. 
Children may not work overtime, during their weekly day off, between 8 
p.m. and 7 a.m., or for more than 4 hours continuously.
    The Government continued to take steps during the year to address 
the problem of child labor. The Government worked closely during the 
year with international organizations--in particular UNICEF and the 
ILO--as well as international and domestic NGOs and labor unions to 
implement programs designed to address child labor and its root causes.
    In 2000 the Ministry of Manpower child labor unit created a 
database for tracking child labor in the country and inspectors began 
raids to uncover violations in 2001. However, the Government did not 
take any effective action against employers, as the fines assessed were 
as low as $9 (20 Egyptian pounds), which did not deter violators. 
Inspection raids increased during the year. In 2001 The Minister of 
Justice also issued decree 2235, establishing the General Department 
for Judicial Protection for Children.
    Statistical information regarding the number of working children 
was difficult to obtain and often out-of-date. NGOs estimated that up 
to 1.5 million children worked. Government studies indicate that the 
concentration of working children was higher in rural than in urban 
areas. Nearly 78 percent of working children were in the agricultural 
sector. However, children also worked in light industry. The Central 
Agency for Public Mobilization and Statistics (CAPMAS) conducted at the 
request of NCCM a household survey on child labor in 2001-02 that was 
analyzed by the NCCM for policy formulation. Results of the survey are 
expected to be made public in 2003.
    While local trade unions reported that the Ministry of Labor 
adequately enforced the labor laws in state-owned enterprises, 
enforcement in the private sector, especially in the informal sector, 
was lax. Many working children were abused, overworked, and exposed to 
potentially hazardous conditions by their employers, and the 
restrictions in the Child Law have not improved conditions due to lax 
enforcement on the part of the Government.
    The law does not prohibit specifically forced and bonded labor by 
children.
    The NCCM is taking the lead on formulating a national plan to 
eliminate hazardous forms of child labor that exist in the country.

    e. Acceptable Conditions of Work.--During the year, the minimum 
wage for government and public sector employees increased to $81 (176 
Egyptian pounds) per month for a 6-day, 36-hour workweek. The Labor Law 
stipulates that 48 hours is the maximum number of hours that may be 
worked in 1 week. Overtime for hours worked beyond 36 per week is 
payable at the rate of 25 percent extra for daylight hours and 50 
percent extra for nighttime hours. The law also stipulates a maximum of 
7 hours per day and 42 hours per week for work in ``hazardous 
industries.'' Some government agencies instituted a 5-day, 36-hour 
workweek. The nationwide minimum wage generally was enforced 
effectively regarding larger private companies; however, smaller firms 
did not always pay the minimum wage. The minimum wage did not provide a 
decent standard of living for a worker and family; however, base pay 
commonly was supplemented by a complex system of fringe benefits and 
bonuses that may double or triple a worker's take-home pay and provide 
a decent standard of living.
    The Ministry of Labor set worker health and safety standards, which 
also apply in the EPZs; however, enforcement and inspections were 
uneven.
    The law prohibits employers from maintaining hazardous working 
conditions, and workers had the right to remove themselves from 
hazardous conditions without risking loss of employment.
    In August the Minister of Manpower said that the total number of 
foreign workers holding work and residence permits was 18,177, not 
including Sudanese, Palestinians, and foreigners married to citizens. 
Unofficial estimates of undocumented workers were as high as 116,000. 
Foreign workers with the required permits enjoyed legal protections. 
There were occasional reports of employer abuse of undocumented 
workers, especially domestic workers. A few employers were prosecuted 
during the year for abuse of domestic workers, but many claims of abuse 
were unsubstantiated because undocumented workers were reluctant to 
make their identities public.

    f. Trafficking in Persons.--The law does not prohibit specifically 
trafficking in persons; however, the law prohibits prostitution and sex 
tourism. There were anecdotal reports of trafficking of persons from 
sub-Saharan Africa and Eastern Europe through the country to Europe and 
Israel.
                              ----------                              


                                IRAN \1\

---------------------------------------------------------------------------
    \1\ The United States does not have an embassy in Iran. This report 
draws heavily on non-U.S. Government sources.
---------------------------------------------------------------------------
    The Islamic Republic of Iran was established in 1979 after a 
populist revolution toppled the Pahlavi monarchy. The Constitution, 
ratified after the revolution by popular referendum, established a 
theocratic republic and declared as its purpose the establishment of 
institutions and a society based on Islamic principles and norms. The 
Government is dominated by Shi'a Muslim clergy. The Head of State, 
Ayatollah Ali Khamene'i, was the Supreme Leader of the Islamic 
Revolution and has direct control over the armed forces, the internal 
security forces, and the judiciary. Mohammad Khatami was elected to a 
second 4-year term as President in a popular vote in June 2001, with 77 
percent of the vote. A popularly elected 290-seat unicameral Islamic 
Consultative Assembly, or Majles, develops and passes legislation. 
Reformers and moderates won a landslide victory in the February 2000 
Majles election, and constituted a majority of that body; however, the 
Council of Guardians and other elements within the Government blocked 
much of the early reform legislation passed by the Majles. A Council of 
Guardians reviewed all legislation passed by the Majles for adherence 
to Islamic and constitutional principles. The Council consisted of six 
clerical members, who are appointed by the Supreme Leader, and six lay 
jurists (legal scholars), who are nominated by the head of the 
judiciary and approved by the Majles. The Constitution provides the 
Council of Guardians the power to screen and disqualify candidates for 
elective offices based on an ill-defined set of requirements, including 
candidates' ideological beliefs. According to Human Rights Watch (HRW), 
the Council of Guardians rejected the candidacy of 145 out of the 356 
candidates who filed to run for 17 seats in the special Majles election 
held concurrently with the Presidential election in June 2001. This 
constituted a far higher percentage than were rejected in the February 
2000 Majles elections. The judiciary was subject to government and 
religious influence.
    Several agencies shared responsibility for internal security, 
including the Ministry of Intelligence and Security, the Ministry of 
Interior, and the Revolutionary Guards, a military force that was 
established after the revolution. Paramilitary volunteer forces known 
as Basijis, and gangs of men known as the Ansar-e Hezbollah (Helpers of 
the Party of God), acted as vigilantes, and intimidated and physically 
threatened demonstrators, journalists, and persons suspected of 
counterrevolutionary activities. The Ansar-e Hezbollah often were 
aligned with particular members of the leadership. Both the regular and 
the paramilitary security forces committed numerous serious human 
rights abuses.
    The country had a mixed economy that was heavily dependent on 
export earnings from the country's extensive petroleum reserves. The 
country had a population of approximately 66,000,000. The Constitution 
mandates that all large-scale industry be publicly owned and 
administered by the State. Large charitable foundations called bonyads, 
most with strong connections to the Government, controlled the 
extensive properties and business expropriated from the Pahlavi family 
and from other figures associated with the monarchy. The bonyads 
exercised considerable influence on the economy, but neither accounted 
publicly for revenue nor paid taxes. Legislation was introduced in the 
Majlis during the year, which would require the bonyads to pay taxes at 
the rate of 25 percent. It was not yet clear if this legislation became 
law. The Government heavily subsidized basic foodstuffs and energy 
costs. Private property rights were largely respected. Economic 
performance was generally tied to the price of oil, whose exports 
accounted for nearly 80 percent of foreign exchange earnings. 
Government mismanagement and corruption also negatively affected 
economic performance. Unemployment was estimated to be between 20 and 
25 percent, and inflation at approximately 18 to 20 percent.
    The Government's human rights record remained poor, and 
deteriorated substantially during the year, despite continuing efforts 
within society to make the Government accountable for its human rights 
policies. The Government denied citizens the right to change their 
government. Systematic abuses included summary executions; 
disappearances; widespread use of torture and other degrading 
treatment, reportedly including rape; severe punishments such as 
stoning and flogging; harsh prison conditions; arbitrary arrest and 
detention; and prolonged and incommunicado detention.
    On occasion there were judicial proceedings against government 
officials for misconduct; however, perpetrators usually remained 
unpunished. The influence of conservative government clerics, which 
pervaded the judiciary, often prevented citizens from receiving due 
process or fair trials. The Government used the judiciary to stifle 
dissent and obstruct progress on human rights. The Government infringed 
on citizens' privacy rights, and restricted freedom of speech, press, 
assembly, and association.
    The Government restricted freedom of religion, particularly for 
Baha'is. The Government controlled the selection of candidates for 
elections. An intense political struggle continued during the year 
between a broad popular movement that favored greater liberalization in 
government policies, particularly in the area of human rights, and 
certain hard-line elements in the Government and society, which viewed 
such reforms as a threat to the survival of the Islamic republic. In 
many cases, this struggle was played out within the Government itself, 
with reformists and hard-liners squaring off in divisive internal 
debates. In August President Khatami introduced two bills in the Majles 
designed to enhance his Presidential powers. One would remove the right 
of the Guardian Council to veto candidates running for elections. The 
bills were passed and awaited ratification by the Guardian Council at 
year's end. As in the past, reformist members of Parliament were 
harassed, and for the first time, were prosecuted and jailed for 
statements made under cover of parliamentary immunity. Khatami's June 
2001 reelection did not appear to have resulted in meaningful reform. 
On the contrary, the repression of reformers, including 
parliamentarians, continued and intensified.
    The Government restricted the work of human rights groups and 
denied entry to the U.N. Special Representative for Iran of the 
Commission on Human Rights (UNSR) during the period of his mandate. The 
UNSR's mandate ended during the year with the defeat of the resolution 
at the Commission on Human Rights (CHR) in April. Violence against 
women occurred, and women faced legal and societal discrimination. The 
Government discriminated against religious and ethnic minorities and 
severely restricted workers' rights, including freedom of association 
and the right to organize and bargain collectively. Child labor 
persisted. Vigilante groups, with strong ties to certain members of the 
Government, enforced their interpretation of appropriate social 
behavior through intimidation and violence. 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 Government has 
been responsible for numerous killings, and during the year there were 
reportedly executions that took place following trials in which there 
was a lack of due process. As in the past, there were incidents of 
security forces using excessive force while suppressing demonstrations.
    In January two teachers were arrested during a demonstration 
against low wages and poor working conditions. After they were 
hospitalized due to injuries they received at the demonstration, their 
families believed that they died while in custody (see Section 2.b.).
    There were anecdotal reports of security forces killing persons 
during the October 2001 ``soccer riots.'' The Government acknowledged 
that it arrested hundreds of persons, but denied that anyone was killed 
(see Sections 1.f., 2.a., and 2.b.).
    The controversy around the killings of several prominent dissidents 
and intellectuals in late 1998 continued. The case involved the 
killings, over a 2-month period from October to December 1998, of 
prominent political activists Darioush Forouhar and Parvaneh Forouhar 
and writers Mohammad Mokhtari and Mohammad Pouandeh. Political activist 
Pirouz Davani disappeared in the same time period and has never been 
found (see Section 1.b.). Human Rights Watch (HRW) reported that in 
January 2001, a court convicted fifteen out of the eighteen defendants 
for the killings. However, HRW also reported that the trial did not 
clarify who actually ordered the murders. Several Ministry of 
Intelligence officials were mentioned as possible suspects in the 
press, but they were not charged, and the trial did not produce any 
incriminating information regarding their involvement. In August 2001, 
the Supreme Court reversed the convictions of the fifteen officials and 
sent the case back to the Judicial Organization of the Armed Forces 
(JOAF) for further review. In May, the JOAF withdrew two of the three 
death sentences after the families of the victims pardoned the 
murderers. However, the court sentenced them to ten years in prison and 
banned them from service in the Intelligence Ministry. The court 
reduced the prison sentences of several other defendants believed to be 
complicit in the case while leaving the rest intact. None of the 
original fifteen were pardoned or set free by year's end. There was no 
further information, but all of the defendants were likely appealing 
the May verdicts.
    The UNSR reported in August 2001 that these extrajudicial killings 
continued to cause controversy about what is perceived to be the 
Government's cover-up of involvement of high-level officials in the 
affair. Several citizens, including prominent investigative journalist 
Akbar Ganji, were arrested in connection with statements they made 
about the case (see Sections 1.d. and 1.e.). The UNSR also reported 
rumors suggesting that there were more than 80 killings or 
disappearances over a 10-year period as part of a wider campaign to 
silence dissent.
    Many members of religious minority groups, including the Baha'is, 
evangelical Christians, and Sunni clerics were killed in recent years, 
allegedly by government agents or directly at the hands of authorities.
    The Government announced in September 1998 that it would take no 
action to threaten the life of British author Salman Rushdie, or anyone 
associated with his work, The Satanic Verses, despite the issuance of a 
fatwa against Rushdie's life in 1989. The announcement came during 
discussions with the United Kingdom regarding the restoration of full 
diplomatic relations. Several revolutionary foundations and a number of 
Majles deputies within the country repudiated the Government's pledge 
and emphasized the ``irrevocability'' of the fatwa, or religious 
ruling, by Ayatollah Khomeini in 1989, calling for Rushdie's murder. 
The 15 Khordad Foundation raised the bounty it earlier had established 
for the murder of Rushdie.
    A November 1995 law criminalized dissent and applied the death 
penalty to offenses such as ``attempts against the security of the 
State, outrage against high-ranking officials, and insults against the 
memory of Imam Khomeini and against the Supreme Leader of the Islamic 
Republic.'' Citizens continued to be tried and sentenced to death in 
the absence of sufficient procedural safeguards. Although domestic 
press stopped reporting most executions, according to international 
reports they continued in substantial numbers. No figures were 
available for the year. The UNSR, based on media reports, cited an 
estimated 60 executions from January through July 2001, a decrease from 
130 during the same period the year before. The Government did not 
cooperate in providing the UNSR with a precise number of executions 
carried out in 2001.
    During the period on which he reported, the UNSR reported that 
approximately two thirds of the executions took place in public, 
contrary to regulations, and that state television broadcasted scenes 
from hangings on at least two occasions during 2001. He also noted that 
a woman was hanged publicly in March 2001. Exiles and human rights 
monitors alleged that many of those executed for criminal offenses, 
such as narcotics trafficking, actually were political dissidents. 
Supporters of outlawed political organizations, such as the Mujahedin-
e-Khalq organization, were believed to make up a large number of those 
executed each year.
    Press reports indicated that three men were publicly hanged in 
January for the crimes of murder and rape. Reportedly, five men 
convicted of a series of attacks on women in Tehran were publicly 
executed during the year, and their bodies driven through the city on 
mobile cranes.
    The Democratic Party of Iranian Kurdistan (PDKI), an opposition 
party, alleged that the Government arrested Habibullah Tanhaeyan from 
the city of Sanandaj on December 11, and executed him on December 15 
after four days of interrogation and torture. The PDKI also reported 
the execution of one of its members, Karim Toujali, in January, and of 
four Kurdish political prisoners in October. Other sources claimed the 
number executed in October was three or five. The party said that the 
prisoners were tortured before they were executed. The Society for the 
Defense of Human Rights in Iran (SDHRI) claimed that the families of 
the executed prisoners were not informed of either their trials or 
their convictions, and that the prisoners were tortured before they 
were executed. SDHRI confirmed the PDKI's report that the bodies were 
turned over to them only on condition that they be buried at night and 
without ceremony. The PDKI claimed that 12 of the 110 party members 
remaining in jail at the end of the year were sentenced to death.

    b. Disappearance.--No reliable information was available regarding 
the number of disappearances during the year.
    Siamak Pourzand, husband of human rights lawyer Mehrangiz Kar and 
the manager of the Tehran Cultural Center, disappeared in Tehran in 
November 2001. He was held incommunicado for several months before his 
disappearance.
    Pirouz Davani, a political activist who disappeared in late 1998 
along with several other prominent intellectuals and dissidents who 
were later found killed, remained unaccounted for, and was believed to 
have been killed for his political beliefs and activism (see Section 
1.a.).
    According to the National Spiritual Assembly of the Baha'is of the 
United States, since 1979 more than 200 Baha'is have been killed and 15 
have disappeared and are presumed dead.
    The group ``Families of Iranian Jewish Prisoners:'' (FIJP) 
publicized the names of twelve Iranian Jews who disappeared while 
attempting to escape from the country in the 1990s. They disappeared 
while being smuggled out of the country during a period when Jews were 
not being issued passports to be able to travel freely. Babak Shaoulian 
Tehrani and Shaheen Nikkhoo disappeared in June 1994; Behzad (Kamran) 
Sakaru and Farhad Ezzati in September 1994; Homayoun Balazadeh, Omid 
Solouki, Reuben Cohan-Masliah, and Ibrahim Cohan-Masliah in December 
1994; Syrus Gaharamany, Ibrahim Gaharamany, and Norallah Rbizadeh 
(Felfeli) in February 1997, and Es-haagh Hassid (Hashid) in February 
1997. Their families have had no contact with them since the dates of 
their disappearance, but have heard anecdotal stories that some of them 
were alive and being held in prison. The Government has not given out 
any information on their whereabouts and has not charged any of them 
with crimes. FIJP believes that the Government dealt with these cases 
differently than with other cases of persons being captured while 
trying to escape from the country because these twelve persons were 
Jewish (see Section 2.c.).
    A Christian group reported that between 15 and 23 Iranian 
Christians disappeared between November 1997 and November 1998 (see 
Section 2.c.). Those who disappeared were reportedly Muslim converts to 
Christianity whose baptisms had been discovered by the authorities. The 
group that reported the figure believes that most or all of those who 
disappeared were killed.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution forbids the use of torture; however, 
there were numerous credible reports that security forces and prison 
personnel continued to torture detainees and prisoners. Some prison 
facilities, including Tehran's Evin prison, were notorious for the 
cruel and prolonged acts of torture inflicted upon political opponents 
of the Government. Common methods included suspension for long periods 
in contorted positions, burning with cigarettes, sleep deprivation, and 
most frequently, severe and repeated beatings with cables or other 
instruments on the back and on the soles of the feet. Prisoners also 
reported beatings about the ears, inducing partial or complete 
deafness, and punching in the eyes, leading to partial or complete 
blindness. Stoning and flogging are prescribed expressly by the Islamic 
Penal Code in the country as appropriate punishments for adultery.
    In March the Majlis passed a bill to end torture and forced 
confessions. However, the Council of Guardians reportedly vetoed the 
bill in June, arguing that the bill would limit the authority of judges 
to adjudicate on the admissibility of confessions and therefore was 
against the principles of Islam.
    In July in a new effort to combat ``un-Islamic behavior'' and 
social corruption among the young, the Government announced the 
formation of a new ``morality force.'' The force was meant to enforce 
the Islamic Republic's strict rules of moral behavior. Press reports 
indicated that members of this force chased and beat persons in the 
streets for offenses such as listening to music, or in the case of 
women, wearing makeup or clothing that was not modest enough (see 
Section 1.f.).
    In early December, all eleven female parliamentarians indicated 
that they would present a bill that would outlaw stoning as punishment 
for adultery. Stoning in the country was widespread after the 
revolution, but has been rare in recent years. A few persons were 
sentenced to death by stoning this year, while at least two persons 
were stoned in 2001.
    In December authorities informed European Union human rights 
negotiators during their visit to begin a human rights dialog that 
stoning was to be abolished as a form of capital punishment. According 
to press reports, the judiciary chief issued an internal directive 
instructing judges to use prison terms and other forms of punishment in 
place of stoning for the crime of adultery. It was not clear at year's 
end if this new directive will be implemented.
    Harsh punishments were carried out, including stoning and flogging. 
The UNSR reported the stoning deaths of two women and the sentencing to 
death by stoning of at least one other during 2001. He cited press 
reports of the May stoning death of an unnamed 35-year-old woman at 
Evin Prison in Tehran, who was arrested 8 years earlier on charges of 
appearing in pornographic films. The UNSR reported that a woman was 
sentenced in June to death by stoning for the murder of her husband. He 
also reported that the Supreme Court upheld the sentence of death by 
public stoning of 38-year-old Maryam Ayoubi, who was convicted for the 
murder of her husband. Her sentence was carried out in Evin Prison in 
July. The law also allows for the relatives of murder victims to take 
part in the execution of the killer.
    Siamak Pourzand, the husband of human rights lawyer Mehrangiz Kar, 
was tried in March behind closed doors, charged with ``undermining 
state security through his links with monarchists and counter-
revolutionaries.'' In May he was sentenced to 11 years in prison. Press 
reports said that he had confessed to his crimes at his trial, but his 
wife claimed that the confession was extracted under duress. Pourzand 
was provisionally released from prison in November, but it was still 
unclear at year's end if was granted unconditional freedom. Pourzand 
suffered severe health problems while held incommunicado, reportedly 
including a heart attack, and was allegedly denied proper medical 
treatment.
    According to press reports, in July, a court in Khuzestan Province 
sentenced a woman ``to be made blind in public'' after she blinded a 
man she had alleged was harassing her by throwing acid at him. She 
appealed the sentence. There was no information available as to the 
outcome of the case at year's end.
    In October two thieves convicted of more than thirty robberies each 
reportedly had four fingers amputated in a public ceremony.
    During 2001 HRW reported that public floggings were increasingly 
used for a wide range of social offenses, including breaches of the 
dress code. As an example, eight men convicted of drinking alcohol and 
causing public disturbance were reportedly flogged publicly in Tehran, 
with each man receiving seventy to eighty lashes. HRW also reported 
that clashes between police and demonstrators broke out at public 
floggings and executions in Tehran in July and August 2001 when 
protesters demonstrated against these forms of punishment.
    In November 2000, investigative journalist Akbar Ganji went on 
trial for statements he allegedly made during an April 2000 conference 
in Berlin regarding the country's politics (see Sections 1.a. and 
1.e.). He was arrested upon his return to the country and held over the 
next 6 months for long periods in solitary confinement. Ganji told the 
court that he was beaten and tortured in prison. Ganji previously had 
written articles implicating former President Rafsanjani in a series of 
killings of dissidents and intellectuals, apparently carried out by 
security forces.
    In July 1999, the Government and individuals acting with the 
consent of the authorities used excessive force in attacking a 
dormitory during student protests in Tehran, including reportedly 
throwing students from windows. Approximately 300 students were injured 
in the incident. The UNSR noted numerous credible reports that students 
arrested following the demonstration were tortured in prison (see 
Section 2.b.).
    Prison conditions were harsh. Some prisoners were held in solitary 
confinement or denied adequate food or medical care in order to force 
confessions. Female prisoners reportedly have been raped or otherwise 
tortured while in detention. Prison guards reportedly intimidated 
family members of detainees and tortured detainees in the presence of 
family members.
    In his August 2001 report, the UNSR noted that the head of the 
National Prisons Organization (NPO) had told him that the prison 
population had risen 40 percent over the previous year. Previously, the 
UNSR had received reports about prisoner overcrowding and unrest, along 
with little space available for each prisoner.
    The UNSR reported that much of the prisoner abuse occurred in 
unofficial detention centers run by the secret service and military. 
The UNSR further reported that according to the head of the NPO, the 
unofficial detention centers officially were brought under the control 
of the NPO during 2001. In the UNSR's 2001 report, the UNSR was unable 
to determine whether the change actually had taken place, and whether 
it had impacted the number of cases of prisoner abuse. HRW has reported 
that Prison 59 in Tehran, which is located in a Revolutionary Guard 
compound, was the only remaining prison not brought under the 
jurisdiction of the NPO. Access to Prison 59 was denied, including to 
Members of Parliament and the President's staff.
    The Iranian Human Rights Working Group (IHRWG), an Internet-based 
human rights NGO, reported that conditions for political prisoners 
deteriorated during the year.
    In August 2001, a parliamentary group investigating abuses 
committed by state institutions reportedly cited a large increase in 
the number of persons being imprisoned, more than two-thirds of them 
for drug-related offenses. It also noted that HIV/AIDS and other 
diseases were spreading rapidly throughout the prison population.
    Other than the International Committee of the Red Cross (ICRC), the 
Government did not permit visits to imprisoned dissidents by human 
rights monitors (see Section 4).

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest and detention; however, these practices 
remained common. There was reportedly no legal time limit for 
incommunicado detention, nor any judicial means to determine the 
legality of detention. In the period immediately following arrest, many 
detainees were held incommunicado and denied access to lawyers and 
family members. Suspects may be held for questioning in jails or in 
local Revolutionary Guard offices.
    The security forces often did not inform family members of a 
prisoner's welfare and location. Prisoners often were denied visits by 
family members and legal counsel. In addition, families of executed 
prisoners did not always receive notification of the prisoners' deaths. 
Those who did receive such information reportedly were forced on 
occasion to pay the Government to retrieve the body of their relative.
    In May as part of an effort to combat the supposed ``decline in 
public morality,'' Iranian-American dancer Mohammad Khordadian was 
arrested for ``corrupting the morals of Iranian youth'' when he 
attempted to leave the country at the end of his first visit their. He 
was imprisoned and then sentenced to a 10-year suspended sentence, a 
10-year travel ban, a 3-year ban on attending weddings other than those 
of close family members and any other public celebrations, and a 
permanent ban on teaching dance classes. After the verdict was issued, 
he was released from prison and acquitted of all charges on appeal.
    In July the Government permanently dissolved the Freedom Movement, 
the country's oldest opposition party, and sentenced over thirty of its 
members to jail terms ranging from 4 months to 10 years on charges of 
trying to overthrow the Islamic system. Other members were barred from 
political activity for up to 10 years, and ordered to pay fines in 
amounts up to more than $6,000.
    In September a noted actress who publicly kissed a student of a 
famous film director at a film festival was also arrested for 
corrupting public morals.
    In March 2001, the authorities provisionally closed the 50-year-old 
Iran Freedom Movement for ``attempting to overthrow the Islamic 
regime.'' HRW reported that the initial closure came after the arrest 
of 21 independent political activists, including a former chancellor of 
Tehran University. The activists were associated with religious-
nationalism, which advocates constitutional Islamic rule and a respect 
for democratic principles (see Section 1.e.). Among those arrested for 
association with the Freedom Movement was one of its founders, the 
prominent legal scholar Dr. Seyed Ahmad Sadr Haj Seyed Javadi, and its 
Secretary General and former government minister Ibrahim Yazdi. 
Security forces also reportedly ransacked the offices of the Bazargan 
Cultural Foundation and the Society of Islamic Engineers while 
searching for suspects.
    Mohammed Chehrangi, an advocate for the cultural rights of Azeris, 
was arrested in December 1999. Azeri groups claimed that Chehrangi was 
arrested to prevent his registration as a candidate in the February 
2000 Majles elections (see Section 5).
    Numerous publishers, editors, and journalists were either detained, 
jailed, and fined, or were prohibited from publishing their writings 
during the year (see Section 2.a.). The Government appeared to follow a 
policy of intimidation toward members of the media whom it considered 
to pose a threat to the current system of Islamic government.
    Adherents of the Baha'i Faith continued to face arbitrary arrest 
and detention. According to Baha'i sources, four Baha'is remained in 
prison at the end of the year, including two who were convicted of 
either apostasy or ``actions against God'' and sentenced to death, but 
whose sentences were commuted to life in prison. The Government adhered 
to a practice of keeping a small number of Baha'is in detention at any 
given time. Sources claimed that such arrests were carried out to 
``terrorize'' the community and to disrupt the lives of its members. 
Most of those arrested were charged and then quickly released. However, 
the charges against them were often not dropped, forcing them to live 
in a continuing state of uncertainty and apprehension (see section 
2.c.). In October 2001 authorities released two Baha'is from prison in 
Mashad. One of those, whose original death sentence was reduced to 5 
\1/2\ years, was released after serving 5 years. The other was released 
after completing his 4-year sentence, which had been reduced from his 
original sentence of ten years (see Section 2.c.).
    The Government enforced house arrest and other measures to restrict 
the movements and ability to communicate of several senior religious 
leaders whose views regarding political and governance issues were at 
variance with the ruling orthodoxy. Several of these figures disputed 
the legitimacy and position of the Supreme Leader, Ayatollah Ali 
Khamenei. These clerics included Ayatollah Seyyed Hassan Tabataei-Qomi, 
who has been under house arrest in Mashad for more than fifteen years, 
Ayatollah Ya'asub al-Din Rastgari, who has been under house arrest in 
Qom since late 1996, and Ayatollah Mohammad Shirazi, who died in 
December 2001 while under house arrest in Qom. Ayatollah Hossein Ali 
Montazeri, the former designated successor of the late Spiritual 
Leader, Ayatollah Khomeini, and an outspoken critic of the Supreme 
Leader, remained under house arrest and heightened police surveillance 
at year's end (see Sections 1.e.and 2.a.). The followers of these and 
other dissident clerics, many of them junior clerics and students, 
reportedly were detained in recent years and tortured by government 
authorities.
    Although reliable statistics were not available, international 
observers believed that hundreds of citizens were detained for their 
political beliefs.
    The Government continued to exchange with Iraq prisoners of war 
(POWs) and the remains of deceased fighters from the 1980-88 Iran-Iraq 
war. However, a final settlement of the issue between the two 
governments was not achieved by year's end.
    The Government did not use forced exile, and no information was 
available regarding whether the law prohibits forced exile; however, 
the Government used internal exile as a punishment. Many dissidents and 
ethnic and religious minorities left and continue to leave the country 
due to a perception of threat from the Government.

    e. Denial of Fair Public Trial.--The court system was not 
independent and was subject to government and religious influence. It 
served as the principal vehicle of the Government to restrict freedom 
and reform in the society. U.N. representatives, including the UNSR, 
and independent human rights organizations continued to note the 
absence of procedural safeguards in criminal trials.
    There are several different court systems. The two most active are 
the traditional courts, which adjudicate civil and criminal offenses, 
and the Islamic Revolutionary Courts. The latter were established in 
1979 to try offenses viewed as potentially threatening to the Islamic 
Republic, including threats to internal or external security, narcotics 
crimes, economic crimes (including hoarding and overpricing), and 
official corruption. A special clerical court examines alleged 
transgressions within the clerical establishment, and a military court 
investigates crimes committed in connection with military or security 
duties by members of the army, police, and the Revolutionary Guards. A 
press court hears complaints against publishers, editors, and writers 
in the media. The Supreme Court has limited authority to review cases.
    The judicial system was designed to conform, where possible, to an 
Islamic canon based on the Koran, Sunna, and other Islamic sources. 
Article 157 provides that the head of the judiciary shall be a cleric 
chosen by the Supreme Leader. Ayatollah Mohammad Yazdi resigned as the 
head of the judiciary in August 1999, and was replaced by Ayatollah 
Mahmoud Hashemi Shahrudi. The head of the Supreme Court and Prosecutor 
General also must be clerics.
    Many aspects of the prerevolutionary judicial system survived in 
the civil and criminal courts. For example, defendants have the right 
to a public trial, may choose their own lawyer, and have the right of 
appeal. Trials are adjudicated by panels of judges. There is no jury 
system in the civil and criminal courts. If a situation was not 
addressed by statutes enacted after the 1979 revolution, the Government 
advised judges to give precedence to their own knowledge and 
interpretation of Islamic law, rather than rely on statutes enacted 
during the Pahlavi monarchy.
    Trials in the Revolutionary Courts, in which crimes against 
national security and other principal offenses are heard, were 
notorious for their disregard of international standards of fairness. 
Revolutionary Court judges acted as both prosecutor and judge in the 
same case, and judges were chosen in part based on their ideological 
commitment to the system. Pretrial detention often was prolonged and 
defendants lacked access to attorneys. Indictments often lacked clarity 
and included undefined offenses such as ``antirevolutionary behavior,'' 
``moral corruption,'' and ``siding with global arrogance.'' Defendants 
did not have the right to confront their accusers. Secret or summary 
trials of 5 minutes duration occurred. Others were shown trials that 
were intended merely to highlight a coerced public confession.
    The legitimacy of the Special Clerical Court (SCC) system continued 
to be a subject of debate. The clerical courts, which were established 
in 1987 to investigate offenses and crimes committed by clerics, and 
which are overseen directly by the Supreme Leader, were not provided 
for in the Constitution, and operated outside the domain of the 
judiciary. In particular, critics alleged that the clerical courts were 
used to prosecute certain clerics for expressing controversial ideas 
and for participating in activities outside the sphere of religion, 
such as journalism.
    No estimates were available regarding the number of political 
prisoners. However, the Government often arrested, convicted, and 
sentenced persons on questionable criminal charges, including drug 
trafficking, when their actual ``offenses'' were political.
    The Government frequently charged members of religious minorities 
with crimes such as ``confronting the regime'' and apostasy, and 
conducted trials in these cases in the same manner as threats to 
national security.
    In March after a trial behind closed doors but with his lawyer 
present, Nasser Zarafshan, the attorney representing the families of 
the victims of the 1998 extrajudicial killings of dissidents by 
intelligence ministry officials, was sentenced to five years in prison 
and seventy lashes. He was charged with leaking confidential 
information pertaining to the trial. HRW reported that he was also 
charged with ``having weapons and alcohol at his law firm.'' Zarafshan 
was originally arrested in October 2000 but released after a month 
pending trial. HRW stated that Zarafshan never discussed the contents 
of the investigation openly, but did criticize problems with the 
investigation of the killings and noted that important information was 
missing from the court files (see Section 1.a.).
    In November reformist professor Hashem Aghajari was sentenced to 
death at a closed trial for the crime of blaspheming against Islam in a 
speech he gave in Hamedan in June. In addition to the death sentence, 
he was sentenced to 74 lashes, exile to a remote desert location, eight 
years in jail, and a ban on teaching for ten years. His attorney 
appealed the verdict. The death sentence was widely denounced across 
the political spectrum. President Khatami and hundreds of Majlis 
members questioned the verdict, noting that the death sentence should 
not be applied. As a result of protests caused by the case, Supreme 
Leader Khamenei instructed the Hamedan court to reexamine the case. No 
decision had been made by the court by the end of the year (see Section 
2.b.).
    There have been unconfirmed reports that Abbas Amir-Entezam, former 
Deputy Prime Minister and longtime political dissident, was released by 
year's end. In December 1999, authorities rearrested Amier-Entezam 
after an interview with him was published in a local newspaper. Amir-
Entezam spent much of the past 20 years in and out of prison. Amir-
Entezam appealed for a fair and public trial, which has been denied to 
him. He was a frequent victim of torture in prison and has had numerous 
medical problems as a result of his torture. Amir-Entezam suffered a 
ruptured eardrum due to repeated beatings, kidney failure resulting 
from denial of access to toilet facilities, and an untreated prostate 
condition. He reported having been taken on numerous occasions before a 
firing squad and told to prepare for death, only to be allowed to live.
    Several other lawyers known for their defense of human rights were 
also reportedly subjected to persecution, among them Mohammad Dadkhah, 
who participated in the defense of members of the Iran Freedom 
Movement. Dadkhah was sentenced to 5 months in jail and banned from 
practicing law for 10 years (see Section 1.d.).
    In January 2001, the Revolutionary Court sentenced 7 of 17 writers, 
intellectuals, and political figures who took part in an April 
conference in Berlin regarding the implications of the February 2000 
Majles elections (see Section 3). The Court reportedly convicted seven 
of them on the vague charge of ``having conspired to overthrow the 
system of the Islamic Republic.''
    The 17 defendants included 12 persons who attended the conference 
and were arrested upon their return to the country. They were charged 
with taking part in antigovernment and anti-Islamic activities, and 
included investigative journalist Akbar Ganji, (see Sections 1.a. and 
1.c.) newspaper editor Mohammed Reza Jalaipour, Member of Parliament 
Jamileh Kadivar, women's rights activists Mehrangiz Kar and Shahla 
Lahidji, opposition politician Ezzatollah Sahabi, student leader Ali 
Afshari, and others, including two translators for the German Embassy 
in Tehran. The Court convicted three other defendants on lesser 
charges, imposing fines and suspended sentences, and acquitted seven 
others. The trial reportedly was closed, and HRW claimed that it 
violated recognized international free trial standards because several 
of the defendants were held for months without access to legal counsel. 
One of the defendants, Sahabi, was provisionally released, but 
rearrested following public remarks he made in March 2001, and remained 
in detention without new charges being filed against him at year's end.
    During the latter part of 2000, SCC began the trial of Hojatoleslam 
Hassan Yousefi Eshkevari, a cleric who participated in the Berlin 
conference, on charges of apostasy and ``corruption on earth,'' which 
potentially carry the death penalty. Eshkevari had called for more 
liberal interpretations of Islamic law in certain areas. He was 
sentenced to death, but the sentence was overturned on appeal in May 
2001. He was permitted a 2 day furlough from prison in September 2000. 
In October, the Special Court for the Clergy commuted his sentence to 7 
years, of which he had already served 2 years.
    In November 1999, former Interior Minister and Vice President 
Abdollah Nouri was sentenced by a branch of the SCC to a 5-year prison 
term for allegedly publishing ``anti-Islamic articles, insulting 
government officials, promoting friendly relations with the United 
States,'' and providing illegal publicity to dissident cleric Ayatollah 
Hossein Ali Montazeri in Khordad, a newspaper that Nouri established in 
late 1998 and that closed at the time of his arrest. Nouri used the 
public trial to attack the legitimacy of the SCC. He was released on 
November 5 (see Section.).
    Ayatollah Mohammed Yazdi, who resigned as head of the judiciary in 
August 2000, stated in 1996 that the Baha'i faith was an espionage 
organization. Trials against Baha'is have reflected this view (see 
Section 2.c.).
    The trials in 2000 and 2001 of 13 Jewish citizens on charges 
related to espionage for Israel were marked throughout by a lack of due 
process. The defendants were held for more than 1 year without being 
charged formally or given access to lawyers. The trial was closed, and 
the defendants were not allowed to choose their own lawyers. Following 
the trial, defense lawyers told news reporters that they were 
threatened by judiciary officials and pressured to admit their clients' 
guilt (see Section 2.c.).

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution states that ``reputation, life, 
property, (and) dwelling(s)'' are protected from trespass except as 
``provided by law''; however, the Government infringed on these rights. 
Security forces monitored the social activities of citizens, entered 
homes and offices, monitored telephone conversations, and opened mail 
without court authorization.
    Organizations such as the Ansar-e Hezbollah, an organization of 
hard-line vigilantes who seek to enforce their vision of appropriate 
revolutionary comportment upon the society, harassed, beat, and 
intimidated those who demonstrated publicly for reform or who did not 
observe dress codes or other modes of correct ``revolutionary'' 
conduct. This included women whose clothing did not cover their hair 
and all parts of their body except the hands and face, or those who 
wore makeup or nail polish.
    Ansar-e Hezbollah gangs were used to destroy newspaper offices and 
printing presses, intimidate dissident clerics, and disrupt peaceful 
gatherings (see Sections 2.a. and 2.b.). Ansar-e Hezbollah cells were 
organized throughout the country and some were reportedly linked to 
individual members of the country's leadership.
    Vigilante violence included attacking young persons considered too 
``un-Islamic'' in their dress or activities, invading private homes, 
abusing unmarried couples, and disrupting concerts or other forms of 
popular entertainment. Authorities occasionally entered homes to remove 
television satellite dishes, or to disrupt private gatherings in which 
unmarried men and women socialized, or where alcohol, mixed dancing, or 
other forbidden activities were offered or took place. For example, 
more than 1,000 satellite dishes were confiscated after the October 
2001 soccer riots, according to press reports (see Sections 1.a., 2.a., 
and 2.b.), and the Government continued its campaign against satellite 
dishes this year. Enforcement appeared to be arbitrary, varying widely 
with the political climate and the individuals involved. Authorities 
reportedly were bribed to avoid enforcement in some of these 
circumstances.
    Prison guards intimidated family members of detainees (see Section 
1.c.). Opposition figures living abroad reported harassment of their 
relatives in the country.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of the press, except when published ideas are ``contrary to 
Islamic principles, or are detrimental to public rights''; however, the 
Government restricted freedom of speech and of the press in practice. 
After the election of President Khatami in 1997, the independent press, 
especially newspapers and magazines, played an increasingly important 
role in providing a forum for an intense debate regarding reform in the 
society. However, basic legal safeguards for freedom of expression did 
not exist, and the independent press was subjected to arbitrary 
enforcement measures by elements of the Government, notably the 
judiciary, which treated such debates as a threat.
    The Government carefully monitored the statements and views of the 
country's senior religious leaders to prevent dissent within the 
clerical ranks. Ayatollah Hossein Ali Montazeri, a cleric formerly 
designated as the successor to the late Spiritual Leader Ayatollah 
Khomeini, remained under house arrest at the end of the year. In 
November 1997, he called into question the authority of the Supreme 
Leader, Ali Khamenei, criticizing his increasing intervention in 
government policy. The comments sparked attacks by Ansar-e Hezbollah 
mobs on Montazeri's residence and on a Koranic school in Qom run by 
Montazeri. The promotion of Montazeri's views were among the charges 
brought against clerics Mohsen Kadivar and former Interior Minister 
Abdollah Nouri at hearings of the Special Clerical Court in 1999 (see 
Section 1.e.). HRW reported a number of protests against Montazeri's 
detention in 2001, including a letter circulated by his children asking 
that the Government lift restrictions on him, and a petition signed on 
Montazeri's behalf by 126 out of the 290 members of Parliament. In 2000 
the press reported that several persons were jailed for expressing 
support for Grand Ayatollah Montazeri.
    In July the Friday prayer leader of Isfahan, Taheri, resigned, 
stating that he could no longer tolerate the corruption and repression 
of the country's clerical leadership. Friday prayer leaders are 
appointed by the Senior Leader of the Islamic Republic, and are the 
senior religious authorities in their districts. According to HRW, the 
conservative establishment attempted to limit the damage by restricting 
coverage of Taheri's statement since he was appointed by Ayatollah 
Khomeini, and has impeccable religious credentials.
    The Government reportedly continued to persecute senior Shi'a 
religious leaders and their followers who dissented from the ruling 
religious establishment. In Qom in 2001, the body of Grand Ayatollah 
Mohammad Shirazi, a leading dissident cleric, was seized by security 
forces during his funeral and buried in a mosque, rather than on the 
grounds of his house as he had requested.
    During the year, at least 17 Majles members were called before the 
courts for criticizing the Government in one form or another; 1 was 
sentenced to 40 lashes and another fined. At year's end, there was no 
information available on whether either sentence was carried out. 
During 2001 approximately 60 reformist Majles members were reportedly 
brought to court for a variety of alleged offenses, and although no 
precise figures were available, that trend continued during the year.
    In January reformist members of Parliament staged a walkout to 
protest pro-reform Parliamentarian Hossein Loqmanian's imprisonment, 
which led the Supreme Leader to pardon him after he had spent several 
weeks in prison. In December 2001, Loqmanian began serving a 13-month 
sentence for insulting the judiciary. He became the first Majles member 
to serve a jail sentence. Two other Majles members resigned their seats 
to protest Loqmanian's imprisonment. These cases resulted from the 
ongoing conflict between reformist Parliamentarians and the hard-line 
judiciary over precisely what type of speech is protected by 
parliamentary immunity. Furthermore, Parliamentarians convicted of 
crimes could be barred from running for the Majles again, since the law 
prohibits persons with criminal records from running for office.
    In October the judicial authorities closed down the National 
Institute for Research Studies and Opinion Polls, which found in a poll 
commissioned by the Parliament that approximately three quarters of the 
population supported dialogue with the U.S., and close to half approved 
of U.S. policy towards their country. According to press reports, 
Institute director Behrouz Geranpayeh was interrogated and held 
incommunicado for more than a month. Managing Director Hussein Qazian 
of the private Ayandeh polling institute that participated in the poll 
was also arrested. Abbas Abdi, one of the organizers of the student 
takeover of the U.S. Embassy in Tehran in 1979, and now a prominent 
journalist and member of the board of Ayandeh, was arrested in 
November. All were charged with a combination of spying for the U.S., 
illegal contacts with foreign embassies, working with anti-regime 
groups, and carrying out research on the order of the foreign polling 
organization; although government intelligence officials had publicly 
stated that the accused were not spies. According to press reports, 
President Khatami's executive branch also rejected the charges, stating 
that the pollsters were doing legitimate work cleared by the 
Intelligence and Foreign Ministries. Reformist Parliamentarians were 
barred from the court, and press reports indicated that the defendants 
were not allowed to see their families or their attorneys.
    In spring 2001, authorities reportedly arrested Fatima Haghighatjoo 
for inciting public opinion and insulting the judiciary when she 
criticized the arrest of a female journalist, and claimed that the 
Government tortured and mistreated prisoners. She was the first sitting 
Majles member to face prosecution for statements made under cover of 
immunity. Authorities released her on bail immediately after her 
arrest, but eventually sentenced her to 22 months in prison. In 
December 2001 her sentence was reduced to 17 months. Her sentence was 
upheld by the courts, but at year's end, she had not served time in 
prison. As with the case of Mohsen Mirdamadi, there was press 
speculation that she would only go to prison when she leaves the 
Majles. Another Majles Deputy, Mohammad Dadfar, whose jail sentence was 
upheld by the courts, had not been sent to prison at year's end.
    In 2001 approximately 60 parliamentarians were arrested and charged 
with ``inciting public opinion.'' The cases were a result of the 
ongoing conflict between reformist parliamentarians and the 
conservative judiciary over precisely what type of speech is protected 
by parliamentary immunity (see Section 1.d.). The harassment of Majles 
members continued throughout the year.
    Newspapers and magazines represented a wide variety of political 
and social perspectives, some allied with members of the Government. 
Many subjects of discussion were tolerated, including criticism of 
certain government policies. However, the 1995 Press Law prohibits the 
publishing of a broad and ill-defined category of subjects, including 
material ``insulting Islam and its sanctities'' or ``promoting subjects 
that might damage the foundation of the Islamic Republic.'' Prohibited 
topics include fault-finding comments regarding the personality and 
achievements of the late Leader of the Revolution, Ayatollah Khomeini; 
direct criticism of the Supreme Leader; assailing the principle of 
velayat-e faqih, or rule by a supreme religious leader; questioning the 
tenets of certain Islamic legal principles; publishing sensitive or 
classified material affecting national security; promotion of the views 
of certain dissident clerics, including Grand Ayatollah Ali Montazeri; 
and advocating rights or autonomy for ethnic minorities.
    The 1995 Press Law established the Press Supervisory Board, which 
is composed of the Minister of Islamic Culture and Guidance, a Supreme 
Court judge, a Member of Parliament, and a university professor 
appointed by the Minister of Islamic Culture and Guidance. The Board is 
responsible for issuing press licenses and for examining complaints 
filed against publications or individual journalists, editors, or 
publishers. In certain cases, the Press Supervisory Board may refer 
complaints to the courts for further action, including closure. The 
Press Court heard such complaints. Its hearings were conducted in 
public with a jury composed of clerics, government officials, and 
editors of government-controlled newspapers. The jury was empowered to 
recommend to the presiding judge the guilt or innocence of defendants 
and the severity of any penalty to be imposed, although these 
recommendations were not legally binding.
    In the past, recommendations made by Press Court juries for 
relatively lenient penalties often were disregarded by the presiding 
judge in favor of harsher measures, including closure. In the last two 
years, some human rights groups asserted that the increasingly 
conservative Press Court assumed responsibility for cases before they 
were considered by the Press Supervisory Board, thus resulting in 
harsher judgments in many cases.
    In March 2000, after the success of reformers in capturing a 
majority of seats in the February 2000 parliamentary elections, the 
outgoing Parliament passed amendments to the Press Law that gave the 
Press Court increased procedural and jurisdictional power. The 
amendments allowed prosecution of individual journalists, in addition 
to their editors and publishers, for a broad range of ill-defined 
political offenses. The incoming Parliament, which was seated in May 
2000, introduced a bill in August 2000 to reverse the restrictive 
amendments. However, Supreme Leader Khamenei intervened with a letter 
to the Speaker demanding that the bill be dropped from consideration, 
and despite some strongly worded objections from members, the bill was 
withdrawn. Semiofficial vigilante groups then appeared outside the 
Parliament, creating an atmosphere of intimidation.
    Public officials frequently lodged complaints against journalists, 
editors, and publishers. The practice of complaining about the writings 
of journalists crossed ideological lines. Offending writers were 
subject to lawsuits and fines. Suspension from journalistic activities 
and imprisonment were common punishments for guilty verdicts for 
offenses ranging from ``fabrication'' to ``propaganda against the 
State'' to ``insulting the leadership of the Islamic Republic.'' The 
police raided newspaper offices, and Ansar-e Hezbollah mobs attacked 
the offices of liberal publications and bookstores without interference 
from the police or prosecution by the courts.
    The Government's record regarding freedom of expression continued 
to deteriorate. It remained a central issue in the struggle between 
hardliners and political reformers. The Government continued its policy 
of issuing licenses for new publications, some of which openly 
criticized certain of its policies, until they were shut down. However, 
these licenses were issued at a much slower rate than in past years. By 
the end of the year, approximately 85 had been closed down. Several 
dozen pro-reform newspapers continued to form and publish, most with 
heavy self-censorship. When they were shut down, others opened to take 
their place.
    Dozens of individual editors and journalists have been charged and 
tried by the Press Court, and several prominent journalists were jailed 
for long periods without trial. Others have been sentenced to prison 
terms or exorbitant fines. As of November 2001, more than 20 
journalists, editors, and publishers reportedly remained in prison.
    Freedom of the press continued to deteriorate during the year. Many 
newspapers and magazines were closed and many of their managers were 
sentenced to jail and lashings. The judiciary reportedly threatened to 
prosecute the official Islamic Republic News Agency for printing a 
statement by the recently banned Freedom Movement (see Sections 1.d. 
and 2.b.). In July, Norouz, the leading reformist newspaper in the 
country, was banned for six months. Its director, Mohsen Mirdamadi, who 
headed the National Security and Foreign Policy Committee of the 
Majlis, was sentenced to six months in jail, a fine, and a 4-year ban 
on involvement in journalism. Press reports indicated that the charges 
against him were ``publishing lies, disturbing public opinion, and 
taking action against national security.'' At year's end, Mirdamadi had 
not gone to jail, even though his sentence was upheld by the courts. 
According to some press reports, it was unclear when the sentence would 
be carried out, possibly when he leaves the Majles.
    According to press reports, other newspapers banned during the year 
included Golestan-e-Iran, which had been publishing for approximately 
1-month, and was closed for ``making propaganda against the system and 
spreading lies, and encouraging immorality through publishing 
pictures.'' Another newspaper, Vaqt, was also closed for ``encouraging 
immorality through the publication of pictures.''
    In October 2000, Akbar Tajik-Saeeki, identified as the prayer 
leader at a Tehran mosque, reportedly was jailed by the SCC for signing 
a petition protesting the continued detention of Grand Ayatollah 
Montazeri. In December 2000, one of Montazeri's sons was arrested for 
distributing his father's writings.
    The 134 signatories of the 1994 Declaration of Iranian Writers, 
which declared a collective intent to work for the removal of barriers 
to freedom of thought and expression, remained at risk. In the past, 
the Association of International Writers (PEN) noted that the 
authorities had not resolved the killings of some of its signatories or 
the disappearance of Pirouz in 1998 (see Sections 1.a. and 1.b.).
    The Government directly controlled and maintained a monopoly over 
all television and radio broadcasting facilities; programming reflected 
the Government's political and socio-religious ideology. Because 
newspapers and other print media had a limited circulation outside 
large cities, radio and television served as the principal news source 
for many citizens. Satellite dishes that received foreign television 
broadcasts were forbidden; however, many citizens, particularly the 
wealthy, owned them. The Government confiscated many satellite dishes 
in the wake of the October 2001 soccer riots and during periodic 
crackdowns during the year (see Sections 1.a., 1.f., and 2.b.).
    The Ministry of Islamic Culture and Guidance was in charge of 
screening books prior to publication to ensure that they did not 
contain offensive material. However, some books and pamphlets critical 
of the Government were published without reprisal. The Ministry 
inspected foreign printed materials prior to their release on the 
market.
    The Government effectively censored domestic films, since they were 
the main source of funding for film producers. Those producers must 
submit scripts and film proposals to government officials in advance of 
funding approval. However, such government restrictions appeared to 
have eased since the 1997 election of President Khatami.
    Academic censorship persisted. Government informers who monitored 
classroom material and activities reportedly were common on university 
campuses. Admission to universities was politicized; all applicants had 
to pass ``character tests'' in which officials screened out applicants 
critical of the Government's ideology. To obtain tenure, professors had 
to cooperate with government authorities over a period of years. 
Members of the Ansar-e Hezbollah disrupted lectures and appearances by 
academics whose views did not conform with their own.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
permits assemblies and marches ``provided they do not violate the 
principles of Islam''; however, in practice the Government restricted 
freedom of assembly and closely monitored gatherings to ensure that 
they did not constitute uncontrolled antigovernment protest. Such 
gatherings included public entertainment and lectures, student 
gatherings, labor protests, funeral processions, and Friday prayer 
gatherings. A significant factor for groups in deciding whether to hold 
a public gathering is whether it would be opposed by the semiofficial 
Ansar-e Hezbollah, which used violence and intimidation to disperse 
such assemblies.
    In January two teachers Mohammad-Ebrahim Ahmad-Nia and Akhtar 
Ghassem -Zadeh-Moin were hospitalized for injuries received at a 
demonstration. They were arrested during a demonstration against low 
wages and poor working conditions. Their families were not allowed to 
visit them. According to sources, the families were told to refrain 
from public comment on the cases if they wanted their loved-ones to 
live. By March, the families had heard nothing and believed that they 
might have died in custody. There was no further information available 
on these cases at the end of the year (see Section 1.a.).
    In November the Aghajari (see Section 2.a.) verdict sparked large 
and ongoing student protests at universities throughout the country. 
Students boycotted classes for almost 2 weeks and in the largest pro-
reform demonstrations in 3 years, crowds of up to 5,000 students at 
college campuses called for freedom of speech and major political 
reforms, and denounced the Aghajari death sentence as ``medieval.'' 
Four student leaders who were arrested in the wake of the 
demonstrations by ``plainclothes'' forces working for the Intelligence 
Ministry were released after being held for one day. In late December, 
two students were given jail terms for their protests against the 
Aghajari sentence. Hojatollah Rahimi was sentenced to 2 years in prison 
and 70 lashes for ``insulting religious sanctities and issuing an 
insulting declaration.'' Co-defendant Parviz Torkashvand was sentenced 
to 4 months in jail and forty lashes.
    A government clampdown through the use of Basiji and other forces 
led to a quiet period of two weeks that ended on December 7, when there 
was a large demonstration at the University of Tehran. It was attended 
by over 2,000 within the walls of the campus, with a larger crowd 
outside. The demonstrators demanded freedom for all political 
prisoners, a referendum, and the resignations of the President and the 
head of the judiciary. Press reports indicated that law enforcement 
officials and the ``plainclothes'' force broke up the demonstration 
using batons, whips, and belts, and arrested over 200 persons, many of 
whom were still being held at the end of the year. Demonstrations on 
December 9 and 10 were also broken up violently by Basiji forces.
    In October 2001, riots and demonstrations broke out throughout the 
country after the national soccer team lost a match it had been heavily 
favored to win. The Government arrested hundreds of persons. There were 
anecdotal reports that some demonstrators were killed; however, the 
Government denied this (see Sections 1.a., 1.f., and 2.a.).
    The UNSR reported that in December 2000, police forcibly disrupted 
a peaceful demonstration by Kurdish students at the University of 
Tehran, injuring and arresting a number of the demonstrators.
    In July 1999, students at the University of Tehran who were 
protesting proposed legislation by the Majles that would limit press 
freedoms and protested the Government's closure of a prominent reform-
oriented newspaper, were attacked by elements of the security forces 
and the Ansar-e Hezbollah. Police forces reportedly looked on and 
allowed repeated attacks against the students and their dormitory. HRW 
reported that, according to witnesses, at least 4 students were killed 
in the assault on the dormitory, 300 were injured, and 400 were 
detained. The demonstrations continued to grow in subsequent days to 
include many nonstudents. Looting, vandalism, and large-scale rioting 
began and spread to cities outside Tehran.
    In September 1999, the head of the Tehran Revolutionary Court, 
Hojatoleslam Gholamhossein Rahbarpour, was quoted as saying that 1,500 
students were arrested during the riots, 500 were released immediately 
after questioning, 800 were released later, and formal investigations 
were undertaken against the remaining 200. He also announced that four 
student leaders were sentenced to death by a Revolutionary Court for 
their role in the demonstrations. The death sentences reportedly were 
commuted to prison terms in 2000. The UNSR's 2000 report stated that 
about two-thirds of the students who initially were arrested 
subsequently were released, but noted that there has been no formal 
accounting of all the persons arrested in connection with the July 1999 
demonstrations.
    The Government arrested the leaders of the Iran Nations Party in 
the aftermath of the July 1999 demonstrations. The party was a secular 
nationalist movement that predates the revolution and was viewed as a 
threat by certain elements of the Government. The party was accused of 
inciting rioters and of encouraging disparaging slogans against 
``sacred values.'' Agents of the intelligence service in late 1998 
killed the former head of the Iran Nations Party, Darioush Forouhar, 
along with his wife (see Section 1.a.).
    In the aftermath of these events, the Government took action 
against members of the security forces for their assault on the student 
dormitory, and against student leaders, demonstrators, and political 
activists, whom it blamed for inciting illegal behavior. In August 
1999, the commander of the security forces, General Hedayat Lotfian, 
was summoned before the Parliament to explain the role of his officers 
in the dormitory raid. He reportedly announced that 98 officers were 
arrested for their actions.
    In February 2000, 20 police officers and officials were tried on 
charges of misconduct in connection with the demonstrations. The court 
found that misconduct had occurred, and ordered compensation for 34 
injured students. However, the court then released all but two of the 
accused officers.
    The Government limited freedom of association. The Constitution 
provides for the establishment of political parties, professional 
associations, Islamic religious groups, and organizations for 
recognized religious minorities, provided that such groups do not 
violate the principles of ``freedom, sovereignty, and national unity,'' 
or question Islam as the basis of the Islamic Republic. However, 
President Khatami repeatedly has declared as a major goal the rule of 
law and development of civil society.
    The Government permanently banned the Iran Freedom Movement during 
they year. In March 2001 the Government provisionally closed the 50-
year-old Iran Freedom Movement for ``attempting to overthrow the 
Islamic regime.'' In response to the permanent dissolution of the 
movement in July, President Khatami warned against the banning of 
political groups, saying that suppression did not eliminate ideas; they 
are simply forced underground and continue to grow (see Section 1.e.).

    c. Freedom of Religion.--The Government restricted freedom of 
religion. The Constitution declares that the ``official religion of 
Iran is Islam and the sect followed is that of Ja'fari (Twelver) 
Shi'ism,'' and that this principle is ``eternally immutable.'' Article 
144 of the Constitution states that ``the Army of the Islamic Republic 
of Iran must be an Islamic army,'' which is ``committed to an Islamic 
ideology,'' and must ``recruit into its service individuals who have 
faith in the objectives of the Islamic Revolution and are devoted to 
the cause of achieving its goals.'' However, members of religious 
minority communities sometimes served in the military. It also states 
that ``other Islamic denominations are to be accorded full respect,'' 
and recognizes Zoroastrians, Christians, and Jews, the country's pre-
Islamic religions, as the only ``protected religious minorities.'' 
Religions not specifically protected under the Constitution did not 
enjoy freedom of religion. Members of the country's religious 
minorities, including Baha'is, Jews, Christians, and Sufi Muslims 
reported imprisonment, harassment, and intimidation based on their 
religious beliefs. This situation most directly affected the nearly 
350,000 followers of the Baha'i Faith, who effectively had no legal 
rights either as individuals or as a community.
    The central feature of the country's Islamic republican system was 
rule by a ``religious jurisconsult.'' Its senior leadership, including 
the Supreme Leader of the Revolution, the President, the head of the 
Judiciary, and the Speaker of the Islamic Consultative Assembly 
(Parliament) was composed principally of Shi'a clergymen.
    Religious activity was monitored closely by the Ministry of 
Intelligence and Security (MOIS). Adherents of recognized religious 
minorities were not required to register individually with the 
Government. However, their community, religious, and cultural 
organizations, as well as schools and public events, were monitored 
closely. Baha'is were not recognized by the Government as a legitimate 
religious community; they were considered heretics belonging to an 
outlawed political organization. Registration of Baha'is was a police 
function. Evangelical Christian groups were pressured by government 
authorities to compile and hand over membership lists for their 
congregations; however, evangelicals resisted this demand. Non-Muslim 
owners of grocery shops were required to indicate their religious 
affiliation on the fronts of their shops.
    The population was approximately 99 percent Muslim, of which 89 
percent were Shi'a and 10 percent Sunni (mostly Turkomans, Arabs, 
Baluchis, and Kurds living in the southwest, southeast, and northwest). 
Baha'i, Christian, Zoroastrian, and Jewish communities constituted less 
than 1 percent of the population. Sufi brotherhoods were popular, but 
there were no reliable statistics on their number. All religious 
minorities suffered varying degrees of officially sanctioned 
discrimination, particularly in the areas of employment, education, and 
housing.
    The Government generally allowed recognized religious minorities to 
conduct religious education of their adherents, although it restricted 
this right considerably in some cases. Members of religious minorities 
were allowed to vote, but they could not run for President.
    Recognized religious minorities were allowed by the Government to 
establish community centers and certain cultural, social, sports, or 
charitable associations that they financed themselves. This did not 
apply to the Baha'i community, which has been denied the right to 
assemble officially or to maintain administrative institutions since 
1983. Since the Baha'i faith has no clergy, the denial of the right to 
form such institutions and elect officers threatened its very existence 
in the country. Broad restrictions on Baha'is appeared to be geared to 
destroying them as a community.
    In September 2001, in conjunction with an appeal connected to the 
1998 raids and property confiscations against the Baha'i community's 
higher education institution, the Ministry of Justice issued a report 
that reiterated that government policy continued to be implemented in 
such a manner as to eliminate the Baha'is as a community. The report 
stated in part that Baha'is could only be enrolled in schools provided 
they did not identify themselves as Baha'is, and that they preferably 
should be enrolled in schools with a strong Muslim religious ideology. 
The report also stated that all those identified as Baha'is must be 
expelled from universities, either in the admission process or during 
the course of their studies whenever their identity as Baha'is becomes 
known.
    University applicants were required to pass an examination in 
Islamic theology. Although public school students received instruction 
in Islam, this requirement limited the access of most religious 
minorities to higher education. Applicants for public sector employment 
similarly were screened for their knowledge of Islam.
    The legal system discriminated against religious minorities, 
awarding lower monetary compensation in injury and death lawsuits for 
non-Muslims than for Muslims and imposing heavier punishments on non-
Muslims than on Muslims. A bill was passed by the Majlis early in the 
year which would equalize the ``blood money'' paid to the families of 
crime victims. The Guardian Council had not ruled on whether to ratify 
the bill, but there were reports that the Supreme Leader supported it. 
Since Baha'is were not a recognized religious minority, a change in the 
law would not apply to them.
    The Government was highly suspicious of proselytizing of Muslims by 
non-Muslims and was harsh in its response, in particular against 
Baha'is and Evangelical Christians. The Government regarded Baha'is, 
whose faith originally derives from a strand of Islam, as a heretical 
sect, and has fueled anti-Baha'i and anti-Semitic sentiment in the 
country for political purposes.
    The Government did not ensure the right of citizens to change or 
recant their religion. Apostasy, specifically conversion from Islam, 
may be punishable by death.
    Although Sunni Muslims are accorded full respect under the terms of 
the Constitution, some Sunni groups claimed to be discriminated against 
by the Government. In particular, Sunnis cited the lack of a Sunni 
mosque in Tehran and claimed that authorities refused to authorize 
construction of a Sunni place of worship in the capital. Sunnis also 
accused the state broadcasting company of airing programs insulting to 
Sunnis. Numerous Sunni clerics were reported to have been killed in 
recent years, some allegedly by government agents. Sufi organizations 
outside the country remained concerned about repression by the 
authorities of Sufi religious practices.
    The largest religious minority was the Baha'i faith, estimated at 
350,000 adherents throughout the country. Baha'is were considered 
apostates because of their claim to a religious revelation subsequent 
to that of the Prophet Mohammed. The Baha'i Faith was defined by the 
Government as a political ``sect'' linked to the Pahlavi monarchy and, 
therefore, as counterrevolutionary. Historically at risk, Baha'is often 
have suffered increased levels of mistreatment during times of 
political unrest.
    Baha'is may not teach or practice their faith or maintain links 
with co-religionists abroad. The fact that the Baha'i world 
headquarters (established by the founder of the Baha'i Faith in the 
19th century in what was then Ottoman-controlled Palestine) is situated 
in what is now the state of Israel exposed Baha'is to government 
charges of ``espionage on behalf of Zionism.''
    According to the National Spiritual Assembly of the Baha'is of the 
U.S., since 1979, more than 200 Baha'is have been killed, and 15 
disappeared and presumed dead. The Government continued to imprison and 
detain Baha'is based on their religious beliefs.
    The property rights of Baha'is generally were disregarded. 
Properties belonging to the Baha'i community as a whole, such as places 
of worship and graveyards, were confiscated by the Government in the 
years after the 1979 revolution and, in some cases, defiled. The 
Government's seizure of Baha'i personal property, as well as its denial 
of access to education and employment, continued to erode the economic 
base of the Baha'i community.
    Baha'i group meetings and religious education, which often took 
place in private homes and offices, were severely curtailed. Public and 
private universities continued to deny admittance to Baha'i students. 
The use of suspended sentences appears to be a government tactic to 
discourage Baha'is from taking part in monthly religious gatherings.
    In September 1998, authorities conducted a nationwide raid of more 
than 500 homes and offices owned or occupied by Baha'is to disrupt the 
activities of the Baha'i Institute of Higher Learning. The Institute 
employed Baha'i faculty and professors, many of whom had been dismissed 
from teaching positions by the Government as a result of their faith, 
and conducted classes in homes or offices owned or rented by Baha'is. 
During the operation, which took place in at least 14 different cities, 
36 faculty members were arrested, and a variety of personal property, 
including books, papers, and furniture, either were destroyed or 
confiscated. Government interrogators sought to force the detained 
faculty members to sign statements acknowledging that the Open 
University was defunct and pledging not to collaborate with it in the 
future. Baha'is outside the country reported that none of the 36 
detainees would sign the document. All but 4 of the 36 persons detained 
during the September 1998 raid on the Baha'i Institute were released by 
November 1998.
    In March 1999, Dr. Sina Hakiman, Farzad Khajeh Sharifabadi, 
Habibullah Ferdosian Najafabadi, and Ziaullah Mirzapanah, the four 
remaining detainees from the September 1998 raid, were convicted under 
Article 498 of the Penal Code and sentenced to prison terms ranging 
from 3 to 10 years. In July 1999, Mirzapanah, who had been sentenced to 
3 years in prison, became ill and was hospitalized. Prison authorities 
allowed him to return home upon his recovery on the understanding that 
they could find him whenever necessary. The other three were released 
in December 1999.
    The Government reportedly kept a small number of Baha'is in 
arbitrary detention, some at risk of execution, on an ongoing basis. 
With the release earlier this year of a prisoner originally sentenced 
to death in 1997, there were four Baha'is reported to be in prison for 
practicing their faith at year's end, two of them facing life 
sentences. In addition, the Government harassed the Baha'i community by 
arresting persons arbitrarily, charging and then releasing them, often 
without dropping the charges against them. According to credible 
foreign Baha'i sources, persecution of the community in general, and 
these practices in particular, seem to have intensified since the U.N. 
Commission on Human Rights ended formal monitoring of the human rights 
situation in the country via the UNSR in the spring.
    Baha'is regularly were denied compensation for injury or criminal 
victimization. Government authorities claimed that only Muslim 
plaintiffs were eligible for compensation in these circumstances. 
Baha'is continued to be denied most forms of government employment. 
Thousands of Baha'is dismissed from government jobs in the early 1980s 
received no unemployment benefits and were required to repay the 
Government salaries or pensions from their first day of employment. 
Some of those unable to do so faced prison sentences.
    The Government often prevented Baha'is from traveling outside the 
country.
    However, over the past several years, the Government has taken some 
positive steps in recognizing the rights of Baha'is, as well as other 
religious minorities. In November 1999, President Khatami publicly 
stated that no one in the country should be persecuted because of his 
or her religious beliefs. He added that he would defend the civil 
rights of all citizens, regardless of their beliefs or religion. 
Subsequently the Expediency Council approved the ``Right of 
Citizenship'' bill, affirming the social and political rights of all 
citizens and their equality before the law. In February 2000, following 
approval of the bill, the head of the judiciary notified all registry 
offices in the country that they should permit couples to be registered 
as husband and wife without being required to state their religious 
affiliation. This measure effectively permitted the registration of 
Baha'i marriages in the country. Previously Baha'i marriages were not 
recognized by the Government, leaving Baha'i women open to charges of 
prostitution. Consequently, children of Baha'i marriages were not 
recognized as legitimate and were denied inheritance rights. At the end 
of the year, Baha'is could obtain ration booklets and send their 
children to public elementary and secondary schools.
    The UNSR estimated the Christian community at approximately 
300,000. Of these the majority were ethnic Armenians and Assyro-
Chaldeans. Protestant denominations and evangelical churches also were 
active, although nonethnically based groups report restrictions on 
their activities. The UNSR reported that Christians were emigrating at 
an estimated rate of 15,000 to 20,000 per year.
    The authorities became particularly vigilant in recent years in 
curbing proselytizing activities by evangelical Christians, whose 
services were conducted in Persian. Government officials closed 
evangelical churches and arrested converts. Members of evangelical 
congregations were required to carry membership cards, photocopies of 
which must be provided to the authorities. Worshipers were subject to 
identity checks by authorities posted outside congregation centers. 
Meetings for evangelical services were restricted by the authorities to 
Sundays, and church officials were ordered to inform the Ministry of 
Information and Islamic Guidance before admitting new members to their 
congregations.
    Mistreatment of evangelical Christians continued in recent years. 
Christian groups have reported instances of government harassment of 
churchgoers in Tehran, in particular of worshipers at the Assembly of 
God congregation in the capital. Cited instances of harassment included 
conspicuous monitoring outside Christian premises by Revolutionary 
Guards to discourage Muslims or converts from entering church premises 
and demands for presentation of identity papers of worshipers inside.
    Estimates of the size of the Iranian Jewish community varied from 
25,000 to 30,000; a substantial reduction from the estimated 75,000 to 
80,000 Iranian Jews prior to the 1979 revolution.
    While Jews were a recognized religious minority, allegations of 
official discrimination were frequent. The Government's anti-Israel 
stance, and the perception among many citizens that Jewish citizens 
supported Zionism and the State of Israel, created a threatening 
atmosphere for the small community. Jews limited their contact with and 
did not openly express support for Israel out of fear of reprisal. 
Recent anti-American and anti-Israeli demonstrations included the 
denunciation of Jews, as opposed to the past practice of denouncing 
only Israel and Zionism, adding to the threatening atmosphere for the 
community. Jewish leaders reportedly were reluctant to draw attention 
to official mistreatment of their community due to fear of government 
reprisal.
    Some Jewish groups outside the country reported an increase in 
anti-Semitic propaganda in the official and semiofficial media. One 
example was the periodic publication of the anti-Semitic and fictitious 
``Protocols of the Elders of Zion,'' both by the Government and by 
periodicals associated with hard line elements of the Government.
    The Government allowed the practice of Judaism, but restricted and 
interfered with it in practice. Education of Jewish children has become 
more difficult in recent years. The Government allowed the teaching of 
Hebrew, recognizing its necessity for the practice of Judaism. However, 
it strongly discouraged teachers from distributing Hebrew texts to 
students, making it difficult to teach the language in practice. The 
Government also required that several Jewish schools remain open on 
Saturdays, the Jewish Sabbath, to conform with the schedule of other 
schools in the school system.
    Jews were gradually dismissed from most government positions after 
1979. Members of the community are permitted to obtain passports and to 
travel outside the country; however, with the exception of certain 
business travelers, they were required by the authorities to obtain 
government clearance (and pay additional fees) before each trip abroad. 
The Government appeared concerned about the emigration of Jews. 
Permission generally was not granted for all members of Jewish families 
to travel outside the country at the same time (see Section 2.d.).
    In February and March 1999, 13 Jews were arrested in the cities of 
Shiraz and Isfahan. Among the group were several prominent rabbis, 
teachers of Hebrew, and their students. The charges centered on alleged 
acts of espionage on behalf of Israel, an offense punishable by death. 
The 13 were jailed for more than a year before trial, largely in 
solitary confinement, without official charges or access to lawyers. In 
April 2000, the defendants were appointed lawyers, and a closed trial 
commenced in a revolutionary court in Shiraz. Human rights groups and 
governments around the world criticized the lack of due process in the 
proceedings. The UNSR characterized them as ``in no way fair.'' In July 
2000, 10 of the 13, along with 2 Muslim defendants, were convicted on 
charges of illegal contact with Israel, conspiracy to form an illegal 
organization, and recruiting agents. They received prison sentences 
ranging from 4 to 13 years. Three were acquitted. The lawyers of those 
convicted filed an appeal and in September 2000, an appeals court 
overturned the convictions for forming an illegal organization and 
recruiting agents, but upheld the convictions for illegal contacts with 
Israel. Their sentences were reduced to between 2 and 9 years 
imprisonment. In January 2001, the Supreme Court rejected a final 
appeal. One of the ten convicted was released in February 2001 upon 
completion of his prison term, and another was released in January of 
this year at the end of his term. Three additional prisoners were 
released in October, leaving five remaining in prison at year's end.
    Jewish groups outside the country noted that the March 1999 arrest 
of the 13 Jewish individuals coincided with an increase in anti-Semitic 
propaganda in newspapers and journals associated with hardline elements 
of the Government. Since the beginning of the trial, Jewish businesses 
in Tehran and Shiraz have been targets of vandalism and boycotts, and 
Jews have reportedly suffered personal harassment and intimidation.
    The group ``Families of Iranian Jewish Prisoners'' (FIJP) has gone 
public with the names of twelve Iranian Jews who disappeared while 
attempting to leave the country in the 1990s. FIJP believes that the 
Government has dealt with these cases differently than it dealt with 
other cases of people being captured while trying to escape from the 
country because these individuals were Jewish (see Section 1.b.).
    According to the U.N. High Commissioner for Refugees (UNHCR), 
Mandaeans were regarded as Christians, and were included among the 
country's three recognized religious minorities. However, Mandaeans 
regarded themselves as adherents of a religion that practices 
Christianity in both belief and practice. The small community faced 
discrimination similar to that experienced by the country's other pre-
Islamic religious minorities.
    The Government restricted the movement of several senior religious 
leaders, some of whom had been under house arrest for years (see 
Sections 1.d. and 2.d.).
    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 some restrictions 
on these rights. Citizens may travel within the country, although there 
were restrictions on travel to Kurdish areas during times of occasional 
heavy fighting. Roadblocks and security checks were common on routes 
between major cities. Citizens may change their place of residence 
without obtaining official permission. The Government required exit 
permits (a validation stamp in the passport) for draft-age men and 
citizens who were politically suspect. Some citizens, particularly 
those whose skills were in short supply and who were educated at 
government expense, must post bonds to obtain exit permits. The 
Government restricted the movement of certain religious minorities and 
several religious leaders (see Sections 1.d. and 2.c.).
    Citizens returning from abroad sometimes were subjected to searches 
and extensive questioning by government authorities for evidence of 
antigovernment activities abroad. Cassette tapes, printed material, 
personal correspondence, and photographs were subject to confiscation.
    The Government permitted Jews to travel abroad, but often denied 
them multiple-exit permits issued to other citizens. Baha'is often 
experienced difficulty in obtaining passports.
    Women must obtain the permission of their husband, father, or other 
male relative to obtain a passport. Married women must receive written 
permission from their husbands before being allowed to leave the 
country.
    The law contains provisions for granting refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol. The Government generally cooperated 
with the UNHCR and other humanitarian organizations in assisting 
refugees. Although the Government generally provided first asylum, it 
sometimes increased pressure on refugees to return to their home 
countries, particularly when the economy worsened.
    The country hosted a large refugee population, mostly Afghans. At 
the end of the year, there were approximately one million refugees from 
Afghanistan, a decrease from the 2 million estimated by the UNHCR in 
2001. Hundreds of thousands of Afghan refugees returned to Afghanistan 
during the year. The UNHCR expressed concern that the Government was 
pressing them to leave, a contention the Government denied. Most 
refugees subsisted on itinerant labor. The Government accused many 
Afghans of involvement in drug trafficking; as a result, there were 
reports that many of them were arrested and executed. With the conflict 
in Afghanistan after the September 2001 terrorist attack in the U.S., 
many more Afghans attempted to enter the country across the Iranian 
border. However, the Government had sealed its border in anticipation 
of a war in Afghanistan. The Government set up several refugee camps 
just inside Afghanistan to deal with the crisis.
    The UNHCR estimated that there were approximately 450,000 to 
510,000 Iraqi Kurdish refugees in the country at the end of 2001, of 
whom approximately 83 percent were Shi'a and 17 percent non-Shi'a. An 
additional 70,000 refugees were Shi'a Arabs. Many of the Iraqi refugees 
were expelled by Iraq at the beginning of the Iran-Iraq war because of 
their suspected Iranian origin. In numerous instances, both the Iraqi 
and Iranian governments disputed their citizenship, rendering many of 
them stateless. Other Iraqi refugees arrived following Iraq's invasion 
of Kuwait in 1990.
    Although the Government claimed to host more than 30,000 refugees 
of other nationalities, including Tajiks, Bosnians, Azeris, Eritreans, 
Somalis, Bangladeshis, and Pakistanis, it did not provide information 
about them or allow the UNHCR or other organizations access to them.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The right of citizens to change their government is restricted 
significantly. The Supreme Leader, the recognized Head of State, is 
selected for a life term by the Assembly of Experts. The Assembly of 
Experts may also remove the Supreme Leader. The Assembly itself is 
restricted to clerics, who serve an 8-year term and are chosen by 
popular vote from a list approved by the Government. There is no 
separation of state and religion, and clerics dominate the Government. 
The Government repressed attempts to separate state and religion or to 
alter the State's theocratic foundation. The Government effectively 
controlled the selection of candidates for elections, although a bill 
approved by the Parliament and now awaiting approval by the Guardian 
Council would weaken its control. The Constitution provides for a 
Council of Guardians, composed of six Islamic clergymen and six lay 
members, who review all laws for consistency with Islamic law and the 
Constitution. The Council also screens political candidates for 
ideological, political, and religious suitability. It accepts only 
candidates who support a theocratic state; clerics who disagree with 
government policies also have been disqualified.
    Regularly scheduled elections are held for the President, members 
of the Majles, and the Assembly of Experts. Mohammad Khatami, a former 
Minister of Culture and Islamic Guidance who was impeached in 1992 by 
the Majles for ``liberalism'' and ``negligence,'' was reelected 
President in 2001 with 77 percent of the vote. The UNSR reported that 
the Guardian Council significantly limited the number of candidates 
permitted to run and noted that the Interior Minister denounced the 
``unprincipled disqualification'' of candidates.
    Elections were held in the fall of 1998 for the 86-member Assembly 
of Experts. The Council of Guardians disqualified numerous candidates, 
which led to criticism from many observers that the Government 
improperly predetermined the election results.
    Elections were held for the 290-seat Majles in February 2000. Of 
more than 6,000 candidates, 576 were disqualified before the elections 
by the Council of Guardians, which represented a substantial decrease 
from the 44 percent who were disqualified before the 1996 elections. 
Most of those disqualified were outspoken advocates of political 
reform, including some of the most prominent supporters of President 
Khatami. However, candidates with a wide range of views were permitted 
to run. The elections resulted in a landslide victory for moderate and 
reform candidates, who constituted a large majority in the Majles. In 
June 2001, elections were held for Majles seats. The Council of 
Guardians reportedly disqualified 100 potential candidates, more than 
one-quarter of those wishing to run. Largely due to the 
disqualification of reform candidates, conservative candidates or 
conservatives running as independents won all six seats up for 
election. Vigorous parliamentary debates took place regarding various 
issues. However, the Supreme Leader and other conservatives within the 
Government used constitutional provisions to block much of the early 
reform legislation passed by the Majles.
    In February 1999, elections for nationwide local councils were held 
for the first time since the 1979 revolution. Government figures 
indicated that roughly 280,000 candidates competed for 130,000 council 
seats across the nation. Women were elected to seats in numerous 
districts. The Councils did not appear to have been granted the 
autonomy or authority to make them effective or meaningful local 
institutions; doing so would have been viewed as a threat to the 
control of the central government. The next local council elections 
will be held in February 2003.
    Women held 9 out of 290 Majles seats. There were no female cabinet 
members, although several held high level positions and a woman served 
as Presidential Adviser for Women's Affairs.
    Christians, Jews, and Zoroastrians elected deputies to Majles seats 
reserved for them. However, religious minorities, by law and practice, 
were barred from being elected to a representative body--except to the 
seats in the Majles reserved for them--and from holding senior 
government or military positions. Religious minorities were allowed to 
vote, but could not run for president.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government continued to restrict the work of local human rights 
groups. The Government denies the universality of human rights and has 
stated that human rights issues should be viewed in the context of a 
country's ``culture and beliefs.''
    Various professional groups representing writers, journalists, 
photographers, and others attempted to monitor government restrictions 
in their fields, as well as harassment and intimidation against 
individual members of their professions. However, their ability to 
meet, organize, and effect change was curtailed severely by the 
Government. Although there were a few domestic NGOs, there was no 
information available on what type of groups they were or the services 
they provided.
    International human rights NGOs such as HRW and Amnesty 
International (AI) were not permitted to establish offices in or 
conduct regular investigative visits to the country. Representatives of 
HRW and AI, who were asked by the European Union to attend EU-Iran 
human rights talks in December as part of the EU delegation, were 
barred by government authorities from attending the talks. HRW and 
members of a European judicial monitoring NGO were permitted to send 
representatives to Shiraz for the trial of 13 Jewish citizens on 
espionage charges (see Section 2.c.). However, they were not permitted 
to monitor the trial proceedings.
    After the defeat of the resolution criticizing the country and 
renewing the UNSR's mandate at the meeting of the Commission on Human 
Rights in the spring, press reports indicated that the country declared 
itself ready to welcome visits by thematic UN human rights rapporteurs 
from different fields. No such visits took place during the year. 
However, the country was engaged in discussions on human rights with 
the EU in connection with the Trade and Cooperation Agreement embarked 
upon by the two sides.
    The ICRC and the UNHCR both operated in the country. However, the 
Government did not allow the UNSR for Human Rights in Iran to visit the 
country from 1997 to 2001, the last year his mandate to monitor human 
rights in the country was in effect. When the UNSR was last allowed 
entry into the country to gather information for his yearly report in 
1996, he was able to correspond with government officials during the 
period of his mandate and often received replies to his inquiries.
    The Islamic Human Rights Commission (IHRC) was established in 1995 
under the authority of the head of the judiciary, who sits on its board 
as an observer. In 1996 the Government established a human rights 
committee in the Majles. However, most observers believed that these 
committees lacked independence and power.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    In general the Government did not discriminate on the basis of 
race, disability, language, or social status; however, it discriminated 
on the basis of religion and sex. In some instances, it discriminated 
on the basis of language, such as with the Kurds, Azeris, and Ahwazi 
Arabs.

    Women.--Although spousal abuse and violence against women occurred, 
statistics on such abuse were not available. Abuse in the family was 
considered a private matter and seldom was discussed publicly. Rape is 
illegal; however, the law was rarely enforced and rape was a widespread 
problem. The UNSR published statistics provided by the IHRC indicating 
that at the end of 2001, of a total of approximately 3,000 currently 
active files, an estimated 1,000 were related to women's issues. 
However, the UNSR noted in his September 2000 report that media 
reporting on the situation of women diminished, in part due to the 
closure of the reform-oriented press (see Section 2.a.).
    Prostitution was illegal. Accurate information regarding the extent 
of the problem was not widely available, although the issue received 
widespread attention during they year as a result of the public's 
greater interest in social problems. However, press reports described 
prostitution as a severe problem. There was a growing understanding of 
the need to deal with the problem, especially because of its role in 
the spread of AIDS.
    Press reporting indicated that the Government acknowledged that 
prostitution had become very widespread, and was conducting a 
crackdown. In July two well-known soccer players were sentenced to 170 
lashes after being arrested at a brothel. The Government closed many 
brothels around the country during the year and the police reportedly 
arrested 243 persons involved in prostitution networks. There was a 
report that a man was executed in April in Mashad for killing sixteen 
prostitutes. He claimed that he considered the killings to be a 
religious obligation. In another instance, in the city of Karaj, a 
judge of a revolutionary court was sentenced to 10 years in prison and 
a lashing for forcing runaway girls into prostitution.
    Reports indicated that due to the passage of persons across the 
border with Afghanistan, there was a rise in trafficking. There were 
also reports in 2001 that women were trafficked into the United Arab 
Emirates (UAE) for forced prostitution (see Section 6.f.).
    Discrimination against women was reinforced by law through 
provisions of the Islamic Civil and Penal Codes, in particular those 
sections dealing with family and property law. Shortly after the 1979 
revolution, the Government repealed the Family Protection Law, a 
hallmark bill adopted in 1967, that gave women increased rights in the 
home and workplace, and replaced it with a legal system based largely 
on Shari'a practices. In 1998 the Majles passed legislation that 
mandated segregation of the sexes in the provision of medical care.
    Even though the law permits it, marriage at the minimum age of nine 
is rare. All women must have the permission of their father or a male 
relative in order to marry. The law allowed for the practice of 
temporary marriages based on a Shi'a custom in which a woman or a girl 
may become the wife of a married or single Muslim male after a simple 
and brief religious ceremony. The temporary marriage may last any 
length of time. According to Shi'a Islamic law, men may have as many 
temporary wives as they wish. Such wives are not granted rights 
associated with traditional marriage.
    The Penal Code includes provisions that mandate the stoning of 
women and men convicted of adultery, although judges were instructed at 
the end of the year cease sentencing adulterers to stoning (see Section 
1.c.). Women have the right to divorce. However, a husband is not 
required to cite a reason for divorcing his wife. In December a new law 
made the adjudication of cases in which women demand divorces less 
arbitrary and less costly.
    Privileges accorded to men by custom and traditional 
interpretations of Islamic law are limited by a model contract which 
recognizes a divorced woman's right to a share in the property that 
couples acquire during their marriage and to increased alimony rights. 
Women who remarry are forced to give the child's father custody of 
children from earlier marriages. However, the law granted custody of 
minor children to the mother in certain divorce cases in which the 
father is proven unfit to care for the child. Muslim women may not 
marry non-Muslim men, and the testimony of a woman is worth half that 
of a man in court. The ``blood money'' paid to the family of a female 
crime victim is half the sum paid for a man, and will remain so even if 
the new law passed by the Majlis equalizing ``blood money'' for Muslims 
and non-Muslims is accepted by the Guardian Council (see section 2.c.). 
Any change would only pertain to men. A married woman must obtain the 
written consent of her husband before traveling outside the country 
(see Section 2.d.).
    Women had access to primary and advanced education; however, social 
and legal constraints limited their professional opportunities. Women 
were represented in many fields of the work force, and the Government 
has not prevented women from entering many traditionally male-dominated 
fields. However, many women choose not to work outside the home. 
According to international organizations, there were 2 million women in 
the work force in 2001, of whom approximately 1.8 million were employed 
during the year. The law provides maternity, child care, and pension 
benefits.
    The Government enforced gender segregation in most public spaces, 
and prohibited women from mixing openly with unmarried men or men not 
related to them. Women must ride in a reserved section on public buses 
and enter public buildings, universities, and airports through separate 
entrances. Women were prohibited from attending male sporting events, 
although this restriction did not appear to be enforced universally. 
While the enforcement of conservative Islamic dress codes varied, what 
women wore in public was not entirely a matter of personal choice. The 
authorities sometimes harassed women if their dress or behavior was 
considered inappropriate, and women may be sentenced to flogging or 
imprisonment for such violations (see Section 1.c.). The law prohibits 
the publication of pictures of uncovered women in the print media, 
including pictures of foreign women. There are penalties for failure to 
observe Islamic dress codes at work.

    Children.--Except in isolated areas of the country, children had 
access to free education through the 12th grade (compulsory to age 11), 
and to some form of health care.
    There was not enough information available to reflect how the 
Government dealt with child abuse.
    A girls' center in Karaj reportedly was involved in the trafficking 
of girls (see Section 6.f.).

    Persons with Disabilities.--There is no available information 
regarding whether the Government has legislated or otherwise mandated 
accessibility for persons with disabilities, or whether discrimination 
against persons with disabilities is prohibited. Film clips showed 
children tied or chained to their beds, in filthy conditions, and 
without appropriate care. It is not known to what extent this 
represents the typical treatment of persons with disabilities since 
from 1996.

    National/Racial/Ethnic Minorities.--The Kurds sought greater 
autonomy from the central government and continued to suffer from 
government discrimination. The Kurds' status as Sunni Muslims is an 
aggravating factor in their relations with the Shi'a-dominated 
government. Such tensions predated the revolution. Kurds often were 
suspected by government authorities of harboring separatist or foreign 
sympathies. These suspicions have led to sporadic outbreaks of fighting 
between government forces and Kurdish groups. Sunni Kurds protested 
against the appointment of a Shi'a governor in the Kurdistan province, 
who was chosen over numerous Sunni Kurdish candidates.
    The Democratic Party of Iranian Kurdistan (PDKI) claimed that the 
Government arrested and executed at least three of its members during 
the year. Other sources claimed the number executed in October was 
three or five.
    According to the UNSR, President Khatami, who won an overwhelming 
percentage of the Kurdish vote in the recent Presidential election, has 
made several conciliatory gestures to the Kurdish population. He 
appointed the first Kurd to hold the position of Governor of Kurdistan, 
and the Governor appeared to be facilitating a ``process of 
reconciliation.'' The UNSR reported that the Government appeared to be 
encouraging Kurdish cultural expression, and subsidizing some Kurdish 
language classes. The number of Kurdish publications increased, and 
discussion of limited Kurdish TV broadcasting began. However, there was 
still no public school education in the Kurdish language.
    Azeris are well integrated into the Government and society, but 
complained of ethnic and linguistic discrimination. The Government 
traditionally viewed Azeri nationalism as threatening, particularly 
since the dissolution of the Soviet Union and the creation of an 
independent Azerbaijan. Mohammed Chehregani, an advocate for the 
cultural rights of Azeris, has been arrested, imprisoned, tortured, and 
released several times over the past five years. According to Azeri 
groups, Chehregani's December 1999 arrest was made to prevent his 
registration as a candidate for the February 2000 parliamentary 
elections (see Section 1.d.). They also claimed that there were a 
number of Azeri political prisoners jailed for advocating cultural and 
language rights for Iranian Azerbaijanis. The Government has charged 
several of them with ``revolting against the Islamic state.''
    Foreign representatives of the Ahwazi Arabs of Khuzistan, whose 
numbers could range as high as 4 million or more, claimed that their 
community in the southwest of the country suffered from discrimination. 
They claimed that the Ahwazis were denied the right to study, speak, 
publish newspapers, and educate their children in Arabic, and that the 
use of Arabic names for babies was prohibited except for ordinary Shi'a 
religious names. They asserted that the Government has ignored their 
appeals to de-mine the vast stretches of Khuzistan which were mined 
during the Iran-Iraq War, and that consequently, many people, 
especially children, continued to be maimed by mines. They further 
stated that many Arabs, both Shi'a and Sunni, have been imprisoned and 
tortured for voicing opinions critical of government policies. 
According to these sources, five Arab-Iranian men have been hanged in 
the past several years for opposing the Government's policy of 
confiscating Arab lands in Khuzistan province.

Section 6. Worker Rights

    a. The Right of Association.--The Labor Code grants workers the 
right to establish unions; however, the Government did not allow 
independent unions to exist. A national organization known as the 
Worker's House, founded in 1982, was the sole authorized national labor 
organization. It served primarily as a conduit for the Government to 
exert control over workers. The leadership of the Worker's House 
coordinated activities with Islamic labor councils, which were made up 
of representatives of the workers and one representative of management 
in industrial, agricultural, and service organizations of more than 35 
employees. These councils also functioned as instruments of government 
control, although they frequently were able to block layoffs and 
dismissals.
    According to the International Confederation of Free Trade Unions 
(ICFTU) Annual Survey of Violations of Trade Union Rights for the year, 
the role of the Worker's House changed in recent years, and there was 
more tolerance of workers' organizations, which included four nurses 
organizations, a health workers' union, and a textile workers' union. 
The report also notes that a February 2000 law exempted companies with 
up to 5 employees from the need to comply with labor legislation for 6 
years. This law affected approximately 3 million workers, making them 
easier to hire and fire.
    The Labor Code allows employers and employees to establish guilds. 
The guilds issued vocational licenses and helped members find jobs.
    Instances of late or partial pay for government workers reportedly 
were common.
    There were no known affiliations with international labor 
organizations.

    b. The Right to Organize and Bargain Collectively.--Workers did not 
have the right to organize independently and negotiate collective 
bargaining agreements. The ICFTU also noted that the presence of 
security/intelligence forces in the workplace, as well as increasing 
use of temporary contracts, acted as obstacles to organizing.
    The Government did not tolerate any strike deemed to be at odds 
with its economic and labor policies. The law prohibits strikes by 
government workers. It also prohibits government workers from having 
contacts with foreigners and stipulates penalties for failure to 
observe Islamic dress codes and principles at work. Nevertheless, 
strikes did occur. In addition to strikes, there were also work 
stoppages and protests by oil, textile, electrical manufacturing, and 
metal workers, as well as by the unemployed.
    Many of these protests were due to non-payment of wage arrears, 
according to the ICFTU. It cited a March 2001 demonstration by 4,500 
workers of the Simin textile factory in Isfahan, which was forcibly 
broken up by security forces, resulting in injuries and arrests. 
Another demonstration in May 2001 by 1000 textile workers at the Baresh 
factory for the same grievance was also attacked by police. Another 
protest by textile workers outside the Parliament building in June 
resulted in satisfaction of their demands, but subsequent 
demonstrations by workers there in July and in Isfahan in October were 
violently repressed.
    It is not known whether labor legislation and practice in the 
export processing zones differ from the law and practice in the rest of 
the country. According to the ICFTU's Annual Survey of Violations of 
Trade Union Rights for the year, labor legislation did not apply in the 
export processing zones.

    c. Prohibition of Forced or Bonded Labor.--The Penal Code provides 
that the Government may require any person who does not have work to 
take suitable employment; however, this did not appear to be enforced 
regularly. This provision has been criticized frequently by the 
International Labor Organization (ILO) as contravening ILO Convention 
29 on forced labor. The law prohibits forced and bonded labor by 
children; however, this was not enforced adequately, and such labor by 
children was a serious problem.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law prohibits forced and bonded labor by children; 
however, it was a serious problem (see Section 6.c.). The Labor Law 
prohibits employment of minors under 15 years of age and places 
restrictions on the employment of minors under age 18; however, laws 
pertaining to child labor were not enforced adequately. The law permits 
children to work in agriculture, domestic service, and some small 
businesses. By law, women and minors may not be employed in hard labor 
or night work. Information regarding the extent to which these 
regulations were enforced was not available. In August the country 
ratified ILO Convention 182 on the worst forms of Child Labor.

    e. Acceptable Conditions of Work.--The Labor Code empowers the 
Supreme Labor Council to establish annual minimum wage levels for each 
industrial sector and region; however, no information was available 
regarding mechanisms used to set wages. It was not known if the minimum 
wages were adjusted annually or enforced. The Labor Code stipulates 
that the minimum wage should be sufficient to meet the living expenses 
of a family and should take inflation into account. Under poor economic 
conditions, many middle-class citizens must work two or three jobs to 
support their families. The daily minimum wage for an uneducated 
laborer was $2.50 (2000 tomans), which was not sufficient to provide a 
decent standard of living for a worker and family.
    The Labor Code establishes a maximum 6-day, 48-hour workweek, with 
1 weekly rest day, normally Fridays, and at least 12 days of paid 
annual leave and several paid public holidays.
    According to the Labor Code, a Supreme Safety Council, chaired by 
the Labor Minister or his representative, is responsible for promoting 
workplace safety and health. The Council reportedly issued 28 safety 
directives, and oversaw the activities of 3,000 safety committees 
established in enterprises employing more than 10 persons. Labor 
organizations outside the country have alleged that hazardous work 
environments have been common in the country and have resulted in 
thousands of worker deaths per year. It was not known how well the 
Ministry's inspectors enforced regulations. It was not known whether 
workers could remove themselves from hazardous situations without 
risking the loss of employment.

    f. Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons, and persons reportedly were trafficked to, 
through, and from the country during the year. Anecdotal reports 
indicated that during the year, there may have been a rise in 
trafficking due to the unsettled situation and passage of people across 
the border with Afghanistan. It was difficult to measure the extent of 
the Government's efforts to curb human trafficking, but national and 
international press reporting indicated that Tehran has taken action 
against bandits involved in abducting women and children. The regime 
has also reportedly arrested, convicted, and executed numerous human 
trafficking offenders. During the year, police reportedly arrested 
numerous members of prostitution rings and closed down brothels.
    In May the police arrested 100 persons, including both citizens and 
foreigners, who had allegedly trafficked young girls to France, 
Britain, Turkey, and certain Gulf countries. There were three other 
large networks discovered in the investigation which sent girls to the 
UAE, Kuwait, Qatar, and Turkey.
    In June senior judicial officials were implicated in a prostitution 
network in Tehran and in August, the judge of a revolutionary court in 
the Karaj was sentenced to 10 years in prison and a lashing for forcing 
runaway girls to work as prostitutes.
    Also in August, authorities broke up a prostitution ring in Mashad 
that was responsible for trafficking many young women into Pakistan for 
forced prostitution.
    The UNSR noted in his August 2001 report that a girl's shelter in 
Karaj, the Jasmine Center, was closed down after an investigation 
reportedly revealed that it had become involved in the trafficking of 
girls. The press focused on the high-level connections of the operators 
of the Center. The authorities subsequently charged a judge of the 
Revolutionary Court in the affair.
    There were reports in 2001 that women were trafficked to the UAE 
for the purpose of forced prostitution. There also were reports in 2001 
that young boys were trafficked through the country to be camel jockeys 
in the UAE.
    There were reportedly three trials in 2001 related to the 
trafficking of persons; however, there was no information regarding the 
details of the trials or their outcomes.
                               __________

                                IRAQ \1\

---------------------------------------------------------------------------
    \1\ The United States does not have diplomatic representation in 
Iraq. This report draws to a large extent on non-U.S. Government 
sources.
---------------------------------------------------------------------------
    Under the provisional Constitution of 1968, Iraq claims to be a 
democratic republic. However, political power has rested exclusively in 
a harshly repressive one-party apparatus dominated by Saddam Hussein 
al-Tikriti and members of his extended family. According to the 
Constitution, the Arab Ba'th Socialist Party governs Iraq through the 
Revolutionary Command Council (RCC), which exercised both executive and 
legislative authority. President Saddam Hussein, who was also Prime 
Minister, Chairman of the RCC, and Secretary General of the Regional 
Command of the Ba'th Party, therefore wielded absolute decisive power. 
Hussein and his regime obtained 100 percent of the votes cast in a 
nondemocratic ``referendum'' on his presidency held in October that did 
not include secret ballots, and many credible reports indicated that 
voters feared possible reprisal for a dissenting vote. The judiciary 
was not independent, and the President had the ability to override any 
ruling or refer any case to a secret system of special courts outside 
the normal judiciary.
    Under the RCC and Ba'ath party structure, the Tikriti family 
maintained total effective control of the security forces and the 
military. The regime's security apparatus included militias attached to 
the President, the Ba'th Party, and the Interior Ministry. The military 
and these paramilitary forces often played an internal security role 
and were central to maintaining the environment of intimidation and 
fear on which regime power depended. The regime historically made 
little attempt to acknowledge, investigate, or punish officials or 
members of the military or security forces accused of human rights 
abuses; however, in February it admitted that state police were 
commonly accused of human rights violations. Members of the military 
and security forces committed widespread, serious, and systematic human 
rights abuses. In the Kurdish North, party militias under civilian 
control provided regional security and have committed human rights 
abuses.
    The country has an estimated population of 24 million people. The 
regime owned all major industries and controlled most of the highly 
centralized economy, which is based largely on oil production. The 
Iran-Iraq and Gulf Wars damaged the economy, and the country has been 
subject to U.N. sanctions since its 1990 invasion of Kuwait. Sanctions 
ban all exports, except oil sales, under U.N. Security Council 
Resolution 986 and subsequent resolutions--the ``oil-for-food'' 
program. Under the program, the country also was permitted, under U.N. 
control, to import food, medicine, supplies for water, sanitation, 
electricity, agriculture, and education projects, and spare parts for 
the oil sector. The regime routinely circumvented U.N. sanctions. Under 
a Memorandum of Understanding with the U.N., the regime shares 
administration of 13 percent of ``oil for food'' revenues with Kurdish 
parties in areas under their control.
    Ethnically and linguistically the Iraqi population includes Arabs, 
Kurds, Turkmen, Chaldeans, Assyrians, and Armenians. The religious mix 
likewise is varied and consists of Shi'a and Sunni Muslims (both Arab 
and Kurdish), Christians (including Chaldeans and Assyrians), Kurdish 
Yazidis, and a small number of Jews and Sabean Mandaeans. Civil 
uprisings occurred in previous years, especially in Kurdish areas in 
the north and Shi'a areas in the south. The minority Arab Sunni regime 
reacted with extreme repression against those who oppose or even 
question it. The regime also systematically forced the removal of 
ethnic minorities under its policy of ``Arabizing'' arable land.
    The regime's human rights record remained extremely poor, and it 
continued to commit numerous, serious human rights abuses. Citizens did 
not have the right to change the regime. The regime continued summarily 
to execute alleged political opponents and leaders of the Shi'a 
religious community. Reports suggested that persons were executed 
merely because of their association with an opposition group. The 
regime continued to be responsible for disappearances and to kill and 
torture persons suspected of or related to persons suspected of 
oppositionist politics, economic crimes, military desertion, and a 
variety of other activities.
    Security forces routinely tortured, beat, raped, and otherwise 
abused detainees. Prison conditions were extremely poor and frequently 
life threatening. The regime reportedly conducted ``prison cleansing'' 
campaigns to kill inmates in order to relieve overcrowding in the 
prisons. The authorities routinely used arbitrary arrest and detention, 
prolonged detention, and incommunicado detention, and continued to deny 
citizens the basic right to due process. The regime granted a much-
publicized amnesty in October to all prisoners except those accused of 
spying for the United States or Israel, but by all accounts prisoner 
release was not as universal as claimed. This public relations event 
served mainly to corroborate previous reporting of summary executions, 
disappearances, torture, and inhuman living conditions within the 
regime's prison system. Many prisoners remained unaccounted for after 
the amnesty.
    Saddam Hussein and his inner circle of supporters continued to 
impose arbitrary rule. The regime continued to infringe on citizens' 
privacy rights. The regime severely restricted freedoms of speech, the 
press, assembly, association, religion, and movement. The U.N. Special 
Rapporteur on the situation of human rights in the country issued a 
report in March detailing ongoing, grievous violations of human rights 
by the regime. The U.N. Commission on Human Rights and the U.N. General 
Assembly passed a resolution in November criticizing the regime's 
suppression of these freedoms. In April the European Parliament 
published a report condemning the regime's human rights abuses. 
Nevertheless, human rights abuses remained difficult to document 
because of the regime's concealment of facts, including its prohibition 
on the establishment of independent human rights organizations, its 
persistent refusal to allow visits of human rights monitors, and its 
continued restrictions designed to prevent dissent. Although in 
February, the Special Rapporteur was allowed a single, 4-day visit to 
research abuses in the country for the first time since 1992, time and 
access were severely limited and strongly controlled by the regime. It 
has refused to allow a followup visit. Past U.N. reporting on the 
regime's human rights abuses was based almost entirely on interviews 
with recent emigrants, opposition groups and others that had contacts 
inside the country, and on published reports from outside the country. 
Violence and discrimination against women occurred.
    The regime has enacted laws affording a variety of protections to 
women; however, it has been difficult to determine the practical 
effects of such protections. The regime neglected the health and 
nutritional needs of children and discriminated against religious 
minorities and ethnic groups. The regime restricted severely trade 
union rights, and there were instances of forced labor.
    The Kurdistan Democratic Party (KDP) and the Patriotic Union of 
Kurdistan (PUK) have controlled most areas in the three northern 
provinces of Erbil, Duhok, and Sulaymaniah since the regime withdrew 
its military forces and civilian administrative personnel from the area 
after the 1991 Kurdish uprising. The KDP and the PUK fought one another 
from 1994 through 1997. In September 1998, they agreed to unify their 
separate administrations and to hold new elections in July 1999. The 
cease-fire has held, although reunification measures were long delayed. 
The unified Assembly was convened for the first time in October. The 
PUK held municipal elections in February 2000 and the KDP held 
municipal elections in May 2001, the first elections held in the 
Kurdish-controlled areas since 1992. Foreign and local election 
observers reported that the elections generally were fair.
    The KDP, PUK, and other opposition groups committed human rights 
abuses. However, the PUK and KDP have enacted laws establishing an 
independent judiciary, providing for freedom of religion, freedom of 
the press, freedom of assembly, the right to form political parties, 
and women's and workers' rights. According to press reporting and 
independent observers, both groups generally observed such laws in 
practice. In addition, both the PUK and KDP have established human 
rights ministries to monitor human rights conditions, to submit reports 
to relevant international bodies, including the International Committee 
of the Red Cross (ICRC), and to recommend ways to end abuses.

                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:

    a. Arbitrary or Unlawful Deprivation of Life.--In keeping with its 
long and established record of executing perceived or alleged political 
opponents, the regime committed numerous political and other 
extrajudicial killings throughout the reporting period. The U.N. 
Special Rapporteur repeatedly criticized the regime for the ``sheer 
number of executions'' taking place in the country, the number of 
``extrajudicial executions on political grounds,'' and ``the absence of 
a due process of the law.''
    The list of offenses legally requiring a mandatory death penalty 
has grown substantially in past years and includes anything that could 
be characterized as ``sabotaging the national economy.'' This includes 
offenses such as forgery, as well as smuggling cars, spare parts, heavy 
equipment, and machinery. More significantly, the Special Rapporteur 
noted that mere membership in certain political parties was punishable 
by death, and that there was a pervasive fear of death for any act or 
expression of dissent. There were recurrent reports of the use of the 
death penalty for such offenses as ``insulting'' the President or the 
Ba'th Party. The Special Rapporteur also noted that even the 
``suggestion that someone is not a supporter of the President carries 
the prospect of the death penalty.''
    As in previous years, there were numerous credible reports that the 
regime continued to execute persons thought to be involved in plotting 
against Saddam Hussein or the Ba'th Party. These executions included 
high-ranking civilian, military, and tribal leaders. In January Iraq 
Press (IP) reported that three dissidents--Ali Hassan Abed, Jawad 
Kadhem, and Abdujabaleel al-Uqaili--were executed for allegedly 
attacking members of the Ba'th Party. In February IP also reported that 
10 senior army Republican Guard officers, including Lieutenant General 
Mohammed al-Dulaimi, were executed for allegedly plotting a coup. In 
April the U.K.-based Guardian newspaper reported that Lieutenant 
Colonel Mohamad Daham al-Tikriti, a recent defector from the General 
Security Service, admitted that in February 150-200 civilians were 
killed ``at random'' on suspicion of conspiracy and buried in a mass 
grave near Baghdad as part of a larger effort in which 1,500 civilians 
were summarily executed in the first 2 months of the year. According to 
Human Rights Watch (HRW) World Report for 2003, civilians detained in 
Abu Ghurayb prison were apparently executed in March and others in 
June. A number of military personnel were reportedly also executed in 
March in Baghdad, Mosul, and other cities. HRW also documented that 11 
military officers, including an Army Major General, were executed 
between March and July 2001; and other executions of mid-level to 
senior officers occurred in August and October 2001, all on the charge 
of involvement in suspected coup attempts. In June the Iraqi Communist 
Party (ICP) reported that eight citizens from Basra were executed in 
November 2001 on suspicion of contacting the opposition.
    The regime reportedly continued to pursue a policy of eliminating 
prominent Shi'a clerics and their followers suspected of disloyalty to 
the regime. For instance, the Sunday Times reported in May that regime 
security forces attacked Shi'a worshippers in Karbala on a religious 
pilgrimage to the shrine of Imam Hussein, killing at least 40 of them. 
This continued an alleged pattern of repression against Shi'a. For 
example, according to HRW, five Shi'a from al-Najaf province were among 
those apparently executed in March in Abu Ghurayb prison. In 2001 the 
regime reportedly executed two Shi'a clerics for claiming that the 
regime was involved in the killing of a Shi'a cleric in 1999 and killed 
another Shi'a cleric, Hussein Bahr al-Uloom, for refusing to appear on 
television to congratulate Qusay Saddam Hussein on his election to a 
Ba'th Party position. In 1998 and 1999, the regime killed a number of 
leading Shi'a clerics, prompting the former Special Rapporteur in 1999 
to express his concern to the regime that the killings might be part of 
a systematic attack by regime officials on the independent leadership 
of the Shi'a community (see Section 2.c.). The regime did not respond 
to the Special Rapporteur's letter.
    Regime agents publicly targeted family members of defectors and 
dissidents for torture and killing (see Section 1.f.). This continued 
an alleged pattern of torture of relatives of dissidents. For example, 
in 2001 the regime reportedly tortured to death the mother of three 
Iraqi defectors for her children's opposition activities. In 2000 
regime agents reportedly killed Safiyah Hassan, who allegedly publicly 
criticized the regime for killing her husband and two sons, Hussein and 
Saddam Kamal. Her husband and sons had been senior regime officials; 
however, the brothers defected to Jordan in 1996. The regime offered 
the men immunity if they returned to the country; however, upon their 
return, regime agents killed them and their father.
    Regime security forces conducted numerous killings of political 
prisoners, minority group members, criminal suspects, and others during 
attempted apprehension or while in custody. Opposition groups and 
defectors continued to provide detailed accounts, including the names 
of hundreds of persons killed, of summary prison executions carried out 
for the apparent purpose of reducing prison overcrowding. In September 
2001, the regime executed 28 political prisoners in Abu Ghurayb prison 
as a part of its prison cleansing campaign. During 2000 the Special 
Rapporteur received reports referring to a prison cleansing execution 
campaign taking place in Abu Ghurayb, Radwaniyah, and other prisons. A 
former officer from the Mukhabarat (Intelligence Service) reported that 
he participated in a 1998 mass murder at Abu Ghurayb prison following a 
Revolutionary Command Council directive to ``clean out'' the country's 
prisons. The regime's motive for such high numbers of summary 
executions, estimated at more than 4,000 since 1997, may also be linked 
to reported efforts to intimidate the population.
    In a much-publicized move, the regime announced 48 hours in advance 
a surprise amnesty, which included political prisoners and army 
deserters in October. Those released were mainly held in Abu Ghurayb 
prison. Press reports reflected evidence that some prisoners were 
summarily executed in anticipation of the release. Also, many families 
expecting the release of relatives in this amnesty reportedly 
discovered that they had been executed in captivity without trial. The 
regime made no effort to investigate current or past cases, answer 
accusations about summary executions, or identify and punish 
perpetrators during the year.
    Among many other examples of killings in custody, HRW reported that 
the regime hanged 'Abd al-Waheed al-Rifa'i in March 2001 after 2 years 
in detention without trial. Relatives reported his body bore marks of 
torture when they collected it from the General Security Directorate in 
Baghdad. Reports of deaths in custody due to poor prison conditions and 
official negligence continued (see Section 1.c.). In addition, many 
people who were displaced forcibly still lived in tent camps under 
harsh conditions, which also resulted in many deaths (see Sections 2.d. 
and 5).
    Reports of deaths of civilians caused by landmines continued. 
Approximately 7 million landmines left over from the Iran-Iraq war 
remain in place in northern Iraq. PUK representatives reported that the 
population living in the region under its control suffered 
approximately 250 casualties per month from exploded mines. Many of 
these victims died. Despite repeated requests, the regime refused to 
provide maps of known mine fields to facilitate their removal (see 
Section 1.g.).
    There were many notable cases of regime extrajudicial killings that 
remained outstanding. As in previous years, the regime continued to 
deny the widespread killings of Kurds in the north of the country 
during the ``Anfal'' campaign of 1988 (see Sections 1.b. and 1.g.). 
Both the Special Rapporteur and HRW concluded that the regime's 
policies against the Kurds raised questions of crimes against humanity 
and violations of the 1948 Genocide Convention.
    In February the Minister of Justice specifically informed the 
Special Rapporteur that prostitution is not punishable by death under 
the law and claimed that no one had been sentenced to death for 
prostitution in many years. However, security forces allegedly beheaded 
a number of women suspected of prostitution and some men suspected of 
facilitating or covering up such activities in October 2001. Security 
agents reportedly decapitated numerous women and men in front of their 
family members. According to Amnesty International (AI), the victim's 
heads were displayed in front of their homes for several days. Thirty 
of the victims' names reportedly were published, which included three 
doctors and one medical assistant.
    Politically motivated killings by opposition groups and rebel/
insurgent/terrorist groups continued. Political killings and terrorist 
actions continued in the Kurd-controlled north of the country. For 
example, numerous press reports in November and December outlined 
several battles in the northeast between PUK forces and fighters of 
Ansar al-Islam (AAI), an Islamic extremist group. Such fighting 
continued a pattern of violence in that area. In 2001 assailants 
assassinated the governor of Irbil, Fransu Hariri. PUK and KDP 
investigators blamed Islamic groups such as AAI for the killing. In 
2000 unknown persons killed the leader of the Democratic Nationalist 
Union of Kurdistan, Sirbit Mahmud. In July 2000, unknown assailants 
killed parliamentary deputy Osman Hassan. Also in July 2000, PUK forces 
reportedly killed a number of members of the Iraqi Communist Workers 
Party (ICWP), and KDP forces killed several members of the Iraqi 
Turkmen Front (ITF). Neither the PUK nor the KDP released information 
regarding investigations into the killings. Political killings and 
terrorist actions continued in ethnically Shi'a southern provinces. In 
January IP reported three assailants attacked Major Kadhem al-Zaidi, a 
senior Mukhabarat officer notorious for his use of torture, near Basra. 
This continued a pattern of retaliatory violence in the south of the 
country. For example, in 2001 the Supreme Council for the Islamic 
Revolution in Iraq (SCIRI) reported that its members killed Raed 
Khidir, a Ba'th Party official in the south.
    Killings due to societal violence were also reported. For example, 
Assyrian and Chaldean press reported in August that a Catholic nun was 
slain in Baghdad by alleged Muslim extremists (see Section 2.c.).

    b. Disappearance.--There continued to be widespread reports of 
disappearances throughout the year. The regime did nothing to address 
accusations regarding previously reported disappearances. A large 
number of presumed disappeared citizens remained unaccounted for.
    Hundreds were still missing in the aftermath of the brief military 
occupation of Erbil in August 1996. Many of these persons may have been 
killed surreptitiously late in 1997 and throughout 1998, in the 
reported prison cleansing campaign (see Section 1.a.). The missing were 
primarily from the Kurd minority but included members of the Assyrian, 
Turkmen, and Yazidi communities.
    The regime continued to ignore the more than 16,000 documented 
disappearance cases conveyed to it in 1994 and 1995 by the U.N. Special 
Rapporteur. Despite several well-publicized exchanges with Kuwait, 
Saudi Arabia, and Iran, the regime effectively ignored requests from 
those governments to account for those who disappeared during Iraq's 
1990-91 occupation of Kuwait, and regarding prisoners of war captured 
in the 1980-88 Iran-Iraq war. The regime failed to return, and did 
little to account for, a large number of Kuwaiti citizens and citizens 
of other countries who were detained during the Iraqi occupation of 
Kuwait. Of 609 cases of missing Kuwaiti citizens under review by the 
Tripartite Commission on Gulf War Missing, only 3 have been resolved. 
The regime denied having any knowledge of the others and claimed that 
any relevant records were lost in the aftermath of the Gulf War, 
although it subsequently claimed to have provided such records to 
Kuwait in October. Iran reported that the regime still had not 
accounted for 5,000 Iranian prisoners of war (POWs) missing since the 
Iran-Iraq War. The Governments of Kuwait, Saudi Arabia, and Iran 
repeated calls for more dialog on this subject.
    The majority of the 16,496 cases known to the Special Rapporteur 
were persons of Kurdish origin who disappeared during the 1988 Anfal 
campaign. In February the International Alliance for Justice/Coalition 
for Justice in Iraq (AIJ/CJI) and the British Broadcasting Company 
(BBC) reported the discovery of a fourth mass grave holding the 
executed bodies of six ethnic Kurds believed killed during the Anfal 
campaign, providing further evidence of the fate of the disappeared 
Kurds. The Special Rapporteur estimated that the total number of Kurds 
who disappeared during that period could reach several tens of 
thousands. Human Rights Watch estimated the total at between 70,000 and 
150,000, and AI at more than 100,000. The second largest group of 
disappearance cases known to the Special Rapporteur consisted of Shi'a 
who were reported to have disappeared in the late 1970s and early 1980s 
as their families were expelled to Iran due to their alleged Persian 
ancestry.
    In 2001 AI reported that the regime has the world's worst record 
for numbers of persons who disappeared and remained unaccounted for. 
Numerous credible reports alleged the existence of special prison wards 
that held individuals whose whereabouts, status, and fate was not 
disclosed (see Section 1.c.).
    In 1997 and 1999, AI documented the repeated failure by the regime 
to respond to requests for information about persons who disappeared. 
The report detailed numerous unresolved cases dating from the early 
1980s through the mid-1990s. The report concluded that few victims 
became targets of the regime because of any crime they had committed; 
rather, they were arrested and held as hostages in order to force a 
relative, who may have escaped abroad, to surrender. Others were 
arrested because of their family's link to a political opponent or 
simply because of their ethnic origin (see Sections 1.d. and 1.f.).
    The Special Rapporteur and several human rights groups continued to 
request that the regime provide information about the 1991 arrest of 
the late Grand Ayatollah Abdullah Quasi Al-Koei and 108 of his 
associates. The Ayatollah died while under house arrest in Al-Najaf. 
Other individuals who were arrested with him have not been accounted 
for, and the regime refused to respond to queries regarding their 
status. Similarly, AI identified a number of Ayatollah Sadden al-Sadr's 
aides who were arrested in the weeks prior to his killing in February 
1999 (see Sections 1.a., 1.d., and 1.g.). Their whereabouts remained 
unknown. In its November 1999 report, AI identified eight aides of al-
Sadr who disappeared.
    In addition to the tens of thousands of reported disappearances, 
human rights groups reported during the year that the regime continued 
to hold thousands of other citizens in incommunicado detention (see 
Sections 1.c., 1.d., and 1.e.).
    In October press reports indicated that prisoners released in the 
prisoner amnesty, and families of prisoners that failed to appear after 
the release, alleged that numerous political prisoners remained 
incarcerated or had been secretly executed in prison. This event 
appeared to confirm the reported pattern of disappearances and secret 
executions alleged by human rights groups. The regime did not 
acknowledge conducting abductions, and has not iniated any 
investigations into alleged disappearances, nor attempted to bring 
perpetrators to justice.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution expressly prohibits torture; however, the 
security services routinely and systematically tortured detainees 
throughout the year. According to former prisoners, torture techniques 
included branding, electric shock administered to the genitals and 
other areas, beating, removal of fingernails, amputation without 
anesthesia, burning with hot irons and blowtorches, suspension from 
rotating ceiling fans, dripping of acid on the skin, rape, breaking of 
limbs, denial of food and water, extended solitary confinement in dark 
and extremely small compartments, and threats to rape or otherwise harm 
family members and relatives. Evidence of such torture was often 
apparent when security forces returned the mutilated bodies of torture 
victims to their families. There were persistent reports that families 
were made to pay for the cost of executions of loved ones. Refugees who 
arrived in Europe often reported instances of torture to receiving 
governments and displayed scars and mutilations to substantiate their 
claims. In August 2001, AI released a report entitled ``Iraq: 
Systematic Torture of Political Prisoners,'' which detailed the 
systematic and routine use of torture against suspected political 
opponents and, occasionally, other prisoners.
    The Special Rapporteur continued to receive reports that arrested 
persons routinely were subjected to mistreatment, including prolonged 
interrogations accompanied by torture, beatings, and various 
deprivations. For some years, the Special Rapporteur expressed concern 
about cruel and unusual punishments prescribed by the law, including 
amputations and branding. In 2000 the authorities reportedly introduced 
tongue amputation as a punishment for persons who criticized Saddam 
Hussein or his family. In February regime authorities reportedly 
amputated the tongue of a person who allegedly criticized Saddam 
Hussein in the city of Diwaniya. As on previous occasions, authorities 
reportedly performed the amputation in front of a large crowd. Similar 
tongue amputations reportedly occurred in the city of Hilla during 
2001. The regime never acknowledged such reports, conducted any 
investigation, nor took action against those who amputated prisoners' 
tongues. The Special Rapporteur received numerous reports of soldiers 
having their ears cut off as punishment for desertion. The Minister of 
the Interior admitted the existence of this practice, but claimed, in 
February, that ``it had now definitively ceased.''
    There were numerous allegations of politically motivated torture 
and reports of torture against family members, including the children, 
of suspected critics of the regime. For instance, a Health Coordinator 
for the refugee health program in Yemen alleged in January that an 
Iraqi child under her care, bearing the marks of needle scars on its 
wrists and forearms, had reportedly been injected with an agent that 
caused severe mental retardation in retaliation for the father's 
suspected opposition to the regime. The U.K.-based Independent 
newspaper reported in March that the regime had begun publicly to 
threaten torture against family members of prominent exiled 
oppositionists and dissidents in an effort to curtail their political 
activities (see Section 1.f.). These reports continued a pattern of 
alleged systematic use of torture by the regime for political or other 
nationalist reasons. For example, the regime routinely tortured 
national soccer team players for poor performance. In May 2001, Saad 
Keis Naoman, a soccer player who defected to Europe, alleged that he 
and his teammates were beaten and humiliated at the order of Uday 
Saddam Hussein. In 2000 three soccer players, who played for a team 
that lost an October game in the Asian Cup quarterfinals, reportedly 
were whipped and detained for 3 days. Sharar Haydar Mohamad al-Hadithi, 
a former soccer player, stated in August 1999 that he and his teammates 
were tortured on Uday Hussein's orders for not winning matches. In 1997 
members of the national soccer team reportedly were beaten and tortured 
on Uday's orders because of poor play in a World Cup qualifying match.
    Beyond the use of torture, the regime systematically employed 
cruel, inhuman, and degrading treatment of people for political 
purposes. For example, the BBC reported in June that the regime forbids 
parents from burying the bodies of deceased children for an extended 
period of time (reportedly up to 3 or 4 months) so that they can be 
amassed for burial after propaganda parades and nationalist ceremonies.
    Human rights organizations and opposition groups continued to 
receive reports of women who suffered from severe psychological trauma 
after being raped while in custody. Security forces also reportedly 
sexually assaulted and threatened sexual assault against officials, 
opposition members, and their families, in order to blackmail them into 
compliance (see Section 1.f.). This continued an alleged pattern of the 
regime's systematic use of rape for political purposes. Former 
Mukhabarat member Khalid Al-Janabi reported in 2001 that a Mukhabarat 
unit, the Technical Operations Directorate, used rape and sexual 
assault in a systematic and institutionalized manner for political 
purposes. The unit reportedly also videotaped the rape of female 
relatives of suspected oppositionists and used the videotapes for 
blackmail purposes and to ensure future cooperation (see Section 1.f.). 
The security forces allegedly also raped women who were captured during 
the Anfal campaign in the 1980s and during the 1990 occupation of 
Kuwait. The regime never acknowledged these reports, conducted any 
investigation, nor took action against those who committed the rapes.
    Prison conditions were extremely poor and life threatening. There 
reportedly were numerous official, semi-official, and private prisons 
throughout the country. Overcrowding was a serious problem. In May 
1998, Labor and Social Affairs Minister Abdul Hamid Aziz Sabah stated 
in an interview that ``the prisons are filled to five times their 
capacity and the situation is serious.'' Sabah was dismissed from his 
post at that time, and the regime-owned daily newspaper Babel 
reiterated the regime's longstanding claim that it held virtually no 
prisoners. However, in February the Minister of Labor and Social 
Affairs admitted to the Special Rapporteur that the prison system was 
overcrowded. It remained unclear to what extent the mass executions 
committed pursuant to the prison cleansing campaign reduced 
overcrowding prior to the October prisoner amnesty (see Section 1.a.). 
It also remained unclear how many prisoners were actually released in 
the amnesty. Press reports indicated that the chief focus of the prison 
amnesty was Abu Ghurayb prison, and that other facilities held many 
political prisoners. Many families of prisoners who did not appear in 
the amnesty alleged that their relatives were either killed in custody 
or remained secreted in other facilities.
    Certain prisons were infamous for routine mistreatment of detainees 
and prisoners. Abu Ghurayb, Baladiat, Makasib, Rashidiya, Radwaniyah, 
and other prisons reportedly had torture chambers. Hundreds of Fayli 
(Shi'a) Kurds and other citizens of Iranian origin, who had disappeared 
in the early 1980s during the Iran-Iraq war, reportedly were being held 
incommunicado at the Abu Ghurayb prison. There were numerous mentally 
ill prisoners at Al-Shamma'iya prison in Baghdad, which reportedly was 
the site of torture and a number of disappearances. The Al-Radwaniyah 
detention center was a former POW facility near Baghdad and reportedly 
the site of torture as well as mass executions (see Section 1.a.).
    In March the regime released the body of a prominent executed 
dissident. The family alleged that the body bore obvious marks of 
torture from his incarceration (see Section 1.a.). This continued an 
alleged pattern of systematic abuse of prisoners by the regime. For 
example, in 2000 the Special Rapporteur reported receiving information 
about two detention facilities in which prisoners were locked in metal 
boxes the size of coffins that reportedly were opened for only 30 
minutes each day. A multistory underground detention and torture center 
reportedly was built under the general military hospital building close 
to the Al-Rashid military camp on the outskirts of Baghdad. The Center 
for Human Rights of the Iraqi Communist Party (CHR/ICP) stated that the 
complex included torture and execution chambers. A section reportedly 
was reserved for prisoners in a ``frozen'' state--whose status, fate, 
or whereabouts were not disclosed (see Section 1.b.). In 2000 the Iraqi 
Communist Party reported that 13 prisoners died at Makaseb detention 
center in December 1999 and January 2000 as a result of torture and 
poor prison conditions. ICP reported that three prisoners were killed 
in a prison in Ashar in the southern province of Basra in March when a 
guard who was in the process of beating a number of prisoners fired a 
gun at prisoners who tried to defend themselves. Another prisoner 
injured in the incident reportedly later died of his wounds (see 
Section 1.g.).
    In the past, the regime had not permitted visits by human rights 
observers, but did allow the Special Rapporteur to inspect briefly 
several prisons during his February visit. The Special Rapporteur 
observed that sections of the Abu Ghurayb facility that he visited kept 
prisoners in ``conditions that were almost appalling.'' The regime 
claimed that prisons were open to inspections from the ICRC in 
accordance with standard modalities, but the ICRC had stated that it 
had only been given intermittent access to facilities such as Abu 
Ghurayb prison, and that access was only to well-known, better-kept 
facilities for foreign nationals.
    Iraqi Kurdish regional officials reported in 2000 that prisons in 
the three northern provinces were open to the ICRC and other 
international observers. According to the ICRC, regular and consistent 
improvement in conditions was observed on its weekly prison visits to 
declared prisons. However, both the PUK and the KDP reportedly 
maintained private, undeclared prisons, and both groups reportedly 
denied access to ICRC officials to those facilities. There were reports 
that authorities of both the PUK and KDP tortured detainees and 
prisoners.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution and the 
legal code explicitly prohibit arbitrary arrest and detention; however, 
the authorities routinely engaged in these practices. The Special 
Rapporteur continued to receive reports of widespread arbitrary arrest 
and detention, often for long periods of time, without access to a 
lawyer or the courts. As indicated in the November 1999 AI report, 
``Iraq: Victims of Systematic Repression,'' many thousands of persons 
have been arrested arbitrarily in the last few years because of 
suspected opposition activities or because they were related to persons 
sought by the authorities. Those arrested often were taken away by 
plainclothes security agents, who offered no explanation and produced 
no warrant to the person or family members (see Section 1.f.). The 
authorities frequently denied detainees legal representation and visits 
by family members. In most cases, family members did not know the 
whereabouts of detainees and did not make inquiries for fear of 
reprisal. Many persons were taken away in front of family members, who 
heard nothing further until days, months, or years later, when they 
were told to retrieve the often-mutilated corpse of their relative. 
There also were reports of the widespread practice of holding family 
members and close associates responsible for the alleged actions of 
others (see Section 1.f.).
    IP reported in March that the regime had arbitrarily arrested 50 
Kurds in a new mass detention in Khanaqin as part of its ethnic 
cleansing campaign in Kurdish areas under its control. The report 
alleged that Ba'thist agents subsequently confiscated 40 private 
residences as part of this effort. This continued an alleged pattern of 
arbitrary arrest for political aims. For example, in 2001 the regime 
initiated an arrest and detention campaign involving thousands of 
individuals who initially had volunteered to serve in the newly formed 
Al-Quds militia force, but who had not shown up for training.
    Mass arbitrary arrests and detentions often occurred in areas in 
which antiregime leaflets were distributed. In June 2001, the CJI 
reported that the regime arrested dozens of lawyers and jurists for 
distributing oppositionist leaflets that reportedly indicated the 
authors' intent to expose the regime's violations of human rights. 
Security forces arrested hundreds of persons in al-Najaf, Karbala, and 
in the Shi'a section of Baghdad following an anonymous distribution of 
antiregime leaflets in 2000. Many other arrests had no apparent basis. 
In September 2001, the regime arrested and expelled six U.N. 
humanitarian workers and refused to provide any evidence as a basis for 
its actions (see Section 1.g.).
    According to international human rights groups, numerous foreigners 
arrested arbitrarily in previous years also remained in detention.
    The regime reportedly targeted the Shi'a community for arbitrary 
arrest and other abuses. In February IP reported that security 
authorities detained and questioned Grand Ayatollah Ali al-Sisstani in 
the city of Najaf without a warrant on several occasions. This 
continued an alleged pattern of the regime's use of arbitrary arrest 
and detention to persecute the Shi'a population. For example, in May 
2001, the regime reportedly executed two Shi'a clerics, Abdulsattar 
Abed-Ibrahim al-Mausawi and Ahmad al-Hashemi, for claiming that the 
regime was involved in the killing of a Shi'a cleric in 1999 and the 
killings of four engineers from the Electricity Board. In the weeks 
preceding the February 1999 killing of Ayatollah Sadeq al-Sadr and two 
of his sons, many of al-Sadr's aides were arrested, and their 
whereabouts still were unknown at year's end (see Sections 1.a., 1.b., 
and 1.g.). Hundreds more reportedly were arrested and the houses of 
many demolished in the weeks following Sadr's killing (see Section 
1.g.).
    Hundreds of Fayli (Shi'a) Kurds and other citizens of Iranian 
origin, who disappeared in the early 1980s during the Iran-Iraq war, 
reportedly were being held incommunicado at the Abu Ghurayb prison (see 
Section 1.c.). According to a report received by the Special Rapporteur 
in 1998, such persons had been detained without charge for close to 2 
decades in extremely harsh conditions. The report stated that many of 
the detainees were used as subjects in the country's secret, outlawed 
experimental chemical and biological weapons programs.
    Although no statistics were available, observers estimated the 
number of political detainees to be in the tens of thousands, some of 
whom have been held for decades.
    In recent years the regime made several efforts to improve its 
standing with human rights groups and the U.N. Special Rapporteur by 
declaring prisoner, deserter, and exilee amnesties, most recently in 
October (see Section 1.c.). In June 1999, in another example, the 
regime announced a general amnesty for citizens who had left the 
country illegally or were exiled officially for a specified period of 
time but failed to return after the period of exile expired (see 
Section 2.d.). No citizens were known to have returned to the country 
based upon this amnesty, and an estimated 2 to 3 million self-exiled 
citizens reportedly remained fearful of returning to the country. For 
the most part, these declared amnesties have been dismissed as public 
relations gestures and merely corroborated allegations that the regime 
arbitrarily arrested and detained many citizens. Past reporting also 
indicated that it was very difficult or expensive for prisoners to 
obtain release once incarcerated. In May 2001, the press reported that 
the authorities released 3,000 prisoners who paid bribes to prison 
officials to have their prison terms cut. One former prisoner said his 
family paid approximately $3,125 (5 million Iraqi dinars) for him to be 
released after serving 7 years of his original 15-year sentence.
    The PUK and the KDP reportedly held some political prisoners and 
detainees in the north of the country. The KDP and PUK reached 
agreement for the mutual release of political prisoners in 1999. In 
March 2000, the KDP released 10 PUK prisoners and the PUK released 5 
KDP prisoners (see Section 1.g.). In 2001 PUK and KDP officials 
reported that all remaining PUK and KDP political prisoners and 
detainees had been exchanged per the agreement.

    e. Denial of Fair Public Trial.--The judiciary was not independent, 
and there was no check on the President's power to override any court 
decision. In 1999 the Special Rapporteur and international human rights 
groups observed that the repressive nature of the political and legal 
systems precludes the rule of law. Numerous laws facilitate continued 
repression, and the regime used extrajudicial methods to extract 
confessions or coerce cooperation.
    There are parallel judicial systems: The regular courts, which try 
common criminal offenses; and the special security courts, which 
generally try national security cases but also may try criminal cases. 
In addition to the Court of Appeal, there is the Court of Cassation, 
which is the highest court. Special security courts reportedly have 
jurisdiction in all cases involving espionage and treason, peaceful 
political dissent, smuggling, currency exchange violations, and drug 
trafficking. According to the Special Rapporteur and other sources, 
military officers or civil servants with no legal training head these 
tribunals, which hear cases in secret. Authorities often held 
defendants incommunicado and did not permit contact with lawyers (see 
Section 1.d.). The courts admitted confessions extracted by torture, 
which often served as the basis for conviction (see Section 1.c.). Many 
cases appeared to end in summary execution, although defendants may 
appeal to the President for clemency. Saddam Hussein may grant clemency 
in any case that suits his political goals or predilections.
    The Minister of Justice admitted the existence of the special 
security courts in February but claimed that they were staffed with 
judges from the regular judiciary, and that trials in such courts were 
conducted with all the rights and procedures of the normal civil 
courts. This prompted the Special Rapporteur to conclude that if this 
were true, such courts were unnecessary. There were no Shari'a (Islamic 
law) courts; however, regular courts were empowered to administer 
Shari'a in cases involving personal status, such as divorce and 
inheritance.
    Procedures in the regular courts in theory provide for many 
protections; however, the regime often assigned to the security courts 
cases that, on their legal merits, would appear to fall under the 
jurisdiction of the regular courts. Trials in the regular courts are 
public, and defendants are entitled to counsel, at regime expense in 
the case of indigents. Defense lawyers have the right to review the 
charges and evidence brought against their clients. There is no jury 
system; panels of three judges try cases. Defendants have the right to 
appeal to the Court of Appeal and then to the Court of Cassation.
    The regime shielded certain groups from prosecution for alleged 
crimes. For example, a 1990 decree granted immunity to men who 
committed ``honor crimes,'' a violent assault with intent to commit 
murder against a woman by a relative for her perceived immodest 
behavior or alleged sexual misconduct (see Section 5). A 1992 decree 
granted immunity from prosecution to members of the Ba'th Party and 
security forces who killed anyone while in pursuit of army deserters. 
Unconfirmed but widespread reports indicated that this decree had been 
applied to prevent trials or punishment of regime officials.
    It was difficult to estimate the number of political prisoners, 
because the regime rarely acknowledged arrests or imprisonments, and 
families were afraid to talk about arrests. Many of the tens of 
thousands of persons who disappeared or were killed in the past few 
years originally were held as political prisoners.
    Both the PUK- and the KDP-controlled local administrations 
maintained separate judicial systems. They used the Iraqi legal code. 
Both come under a separate Supreme Court of Cassation. During the year, 
PUK and KDP officials reported that the PUK and KDP had exchanged all 
political prisoners and detainees in accordance with a 1999 agreement. 
However, the PUK and the KDP reportedly continued to hold some 
political prisoners and detainees (see Section 1.d.).

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The regime frequently infringed on citizens' 
constitutional right to privacy, particularly in cases allegedly 
involving national security. The law defined security offenses so 
broadly that authorities effectively were exempt from the legal 
requirement to obtain search warrants, and searches without warrants 
were commonplace. The regime routinely ignored constitutional 
provisions designed to protect the confidentiality of mail, telegraphic 
correspondence, and telephone conversations. The regime periodically 
jammed news broadcasts from outside the country, including those of 
opposition groups (see Section 2.a.). The security services and the 
Ba'th Party maintained pervasive networks of informers to deter 
dissident activity and instill fear in the public.
    The authorities continued systematically to detain, abuse, and kill 
family members and close associates of alleged regime opponents (see 
Sections 1.a., 1.b., 1.d., and 1.g.). In January for example, AIJ/CJI 
reported that the regime publicly threatened on Iraqi satellite TV to 
systematically rape the female relatives of Faiq Sheikh Ali, a 
prominent dissident and journalist residing abroad, in retaliation for 
his criticism of the regime on a political talk show. This continued an 
alleged pattern of the regime's systematic interference with privacy 
for political reasons. For example, in May 2001, the authorities 
reportedly tortured to death the mother of three defectors because of 
her children's opposition activities. In June 2000, a former general 
reportedly received a videotape of security forces raping a female 
family member. He subsequently received a telephone call from an 
intelligence agent who stated that another female relative was being 
held and warned him to stop speaking out against the regime. In 
November 1999, the regime expelled more than 4,000 families that had 
sought refuge in Baghdad after the 1991 Gulf War.
    The regime continued its Arabization campaign of ethnic cleansing 
designed to harass and expel ethnic Kurds and Turkmen from regime-
controlled areas. According to press reports and opposition sources, 
the regime forcibly displaced hundreds of families. In March the Los 
Angeles Times reported that the regime extended its Arabization efforts 
to include the placement of Arab names on headstones in cemeteries in 
non-Arab communities. In April the regime issued a new decree to all 
hospitals and bureaus registering births and deaths prohibiting the 
registration of Christian names. As in previous years, the regime 
periodically sealed off entire districts in Kirkuk and conducted day-
long, house-to-house searches (see Sections 2.d. and 5). Regime 
officials also took hostage members of minority groups to intimidate 
their families into leaving their home regions (see Sections 1.d., 
2.d., and 5). Authorities demolished the houses and detained and 
executed family members of Shi'a who protested regime actions (see 
Sections 1.d. and 1.g.).
    The Special Rapporteur noted that guilt by association was 
facilitated by administrative requirements imposed on relatives of 
deserters or other perceived opponents of the regime. For example, 
conscripts were required to secure a guarantor to sign a document 
stating that the named conscript would not desert military service and 
that the guarantor would accept personal responsibility if the 
conscript deserted. Relatives who did not report deserters could lose 
their ration cards for purchasing regime-controlled food supplies, be 
evicted from their residences, or face the arrest of other family 
members. The Supreme Council for the Islamic Revolution in Iraq 
reported in October and December 1999 that authorities denied food 
ration cards to families that failed to send their young sons to the 
``Lion Cubs of Saddam'' compulsory weapons training camps (see Section 
5).
    The Special Security Office reportedly continued efforts to 
intimidate the relatives of opposition members. Relatives of citizens 
outside the country who were suspected of sympathizing with the 
opposition were forced to call the suspected opposition members to warn 
them against participating in opposition conferences or activities. 
Others were publicly threatened on satellite television with rape or 
torture if their relatives failed to cease political activities (see 
Section 2.a.).

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal Conflicts.--The authorities continued to detain, abuse, and 
kill family members and close associates of alleged regime opponents 
(see Sections 1.a., 1.b., and 1.f.). The regime had continued a 
campaign of intimidation directed at U.N. and nongovernmental 
organization (NGO) relief workers. In February 2001, the Foreign 
Minister threatened to cut official ties to U.N. workers supervising 
oil-for-food program distribution in northern Iraq, and to revoke their 
visas and deport them. In September 2001, the regime expelled six U.N. 
humanitarian relief workers without providing any explanation.
    The regime continued to Arabize certain Kurdish areas, such as the 
urban centers of Kirkuk and Mosul, through the forced movement of local 
residents from their homes and villages and their replacement by Arabs 
from outside the area (see Sections 1.d., 1.f., 2.d., and 5).
    Landmines in the north, mostly planted by the regime before 1991, 
continued to kill and maim civilians. Many of the mines were laid 
during the Iran-Iraq and Gulf Wars; however, the army failed to clear 
them before it abandoned the area. Kurdish officials estimated that at 
least 7 million landmines remained in place in Kurdish-controlled 
areas. Landmines also were a problem along the Iraq-Iran border 
throughout the central and southern areas in the country. There was no 
information regarding civilian casualties or the regime's efforts, if 
any, to clear old mine fields in areas under the central regime's 
control. According to reports by the U.N. Office of Project Services, 
the Mines Advisory Group, and Norwegian Peoples' Aid, landmines killed 
more than 3,000 persons in the three northern provinces since the 1991 
uprising. PUK officials estimated that mine casualties in its area of 
control occurred at a rate of approximately 250 per month. The Special 
Rapporteur repeatedly reminded the regime of its obligation under the 
Landmines Protocol to protect civilians from the effects of mines. 
Various NGOs continued efforts to remove landmines from the area and 
increase awareness of mines among local residents. PUK officials stated 
that the regime repeatedly rebuffed requests to provide maps of known 
minefields. In December 1998, the regime declared that mine-clearing 
activity was subversive and ordered NGO workers performing such 
activity to leave the country. In April 2001, Kurdish sources accused 
the regime of exploding a bomb near an NGO working on mine clearing in 
the north. In April 1999, a New Zealander working for the U.N. mine-
clearing program in the north was shot and killed at close range by an 
unknown assailant. The KDP arrested a person who claimed to have killed 
the U.N. worker on behalf of Saddam Hussein's Fedayeen.
    Regime attacks on Shi'a worshippers continued an alleged pattern of 
the use of excessive force for internal political reasons. For example, 
following the February 1999 killing of Ayatollah Mohammad Sadeq al-Sadr 
and his sons (see Section 1.a.), hundreds of persons were reportedly 
killed in military assaults on protesters in Shi'a areas of Baghdad, 
and in cities with a Shi'a majority such as Karbala, Nasiriyah, Najaf, 
and Basra. While a funeral for al-Sadr was prohibited, spontaneous 
gatherings of mourners took place in the days after his death. Regime 
security forces used excessive force in breaking up these illegal 
gatherings, killing hundreds of persons. In 2000 authorities continued 
to target alleged supporters of al-Sadr. Security officials reportedly 
executed 36 religious students who had been arrested after al-Sadr's 
killing. In 1999 and 2000, as a reprisal for the disturbances following 
al-Sadr's killing, the regime expelled approximately 4,000 Shi'a 
families from Baghdad. Numerous Shi'a who fled the country in 1999 and 
2000 told HRW that security forces interrogated, detained, and tortured 
them.
    After the 1991 Gulf War, victims and eyewitnesses described war 
crimes perpetrated by the regime, including deliberate killing, 
torture, rape, pillage, and hostage-taking. HRW and other organizations 
worked with various agencies to bring a genocide case at the 
International Court of Justice against the regime for its conduct of 
the Anfal campaign against the Kurds in 1988.
    During the year, no hostilities were reported between the two major 
Iraqi Kurdish parties in de facto control of northern Iraq. The KDP and 
the PUK agreed in September 1998 to unify their administrations; 
however, little progress has been made toward implementing the 
agreement. In October 1999, senior officials from the two parties 
agreed on a series of measures, including prisoner exchanges, the 
return of internally displaced persons (IDPs) to their homes, and 
arrangements for freedom of movement between their respective areas. 
Most of the measures were not implemented (see Section 1.d.). However, 
in 2001 the two main Kurdish parties reported some progress toward full 
implementation of the Washington Agreement, including the return of 
3,000 IDPs displaced since the 1995-96 fighting, improved movement 
between the Kurdish-controlled areas, and the exchange of all 
prisoners. The unified Assembly was convened for the first time in 
October.
    Press reports indicated that the PUK and AAI fought several minor 
battles resulting in a few deaths during the reporting period. Although 
minor compared to past events, this continued a pattern of violence in 
the Kurdish North. For example, in 2001 armed hostilities that resulted 
in deaths were reported between the PUK and Islamic groups, the PUK and 
the Kurdistan Workers Party (PKK), and the KDP and the PKK. In July 
2000, the PUK reportedly ordered all opposition groups to move their 
offices out of Sulaymaniah's city center following a number of 
bombings; the ICWP reportedly refused to move. PUK security forces 
subsequently killed at least six ICWP members and arrested several 
others at an ICWP office in Sulaymaniah. PUK forces also killed several 
ICWP members who were inside a car. In connection with this dispute, 
the PUK closed the ICWP-affiliated Independent Women's Organization and 
the Women's Protection Center in July 2000 and detained temporarily 12 
women who had been staying at an abused women's shelter within the 
Center. The PUK announced that it would investigate the security 
forces' actions; however, no information was available 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 ``in compliance with the 
revolutionary, national, and progressive trend''; however, in practice 
the regime did not permit freedom of speech or of the press and did not 
tolerate political dissent in areas under its control. In November 
2000, the U.N. General Assembly again criticized the regime's 
``suppression of freedom of thought, expression, information, 
association, and assembly.'' The Special Rapporteur stated in October 
1999 that citizens lived ``in a climate of fear,'' in which whatever 
they said or did, particularly in the area of politics, involved ``the 
risk of arrest and interrogation by the police or military 
intelligence.'' He noted that ``the mere suggestion that someone is not 
a supporter of the President carries the prospect of the death 
penalty.''
    There were numerous reports throughout the year of regime 
interference in the freedom of speech. For example, in February the 
World Association of Newspapers (WAN) condemned the regime's attempt to 
muzzle prominent dissident journalist Faiq Sheikh Ali (see Section 
1.f.) and expressed concern that another prominent journalist received 
death threats during the year for his contact with members of the 
opposition. This continued a pattern of alleged regime interference in 
the freedom of speech. In June 2001, the Human Rights Alliance reported 
that the regime had killed more than 500 journalists and intellectuals 
over the previous decade.
    The regime, the Ba'th Party, or persons close to Saddam Hussein 
owned all print and broadcast media and operated them as propaganda 
outlets. They generally did not report opposing points of view that 
were expressed either domestically or abroad. A 2002 Freedom House 
report rated press freedom in the country at 96 out of a possible 100 
points, with 0 being the most free and 100 being the most controlled. 
Several statutes and decrees suppress freedom of speech and of the 
press, including: Revolutionary Command Council Decree Number 840 of 
1986, which penalizes free expression and stipulates the death penalty 
for anyone insulting the President or other high regime officials; 
Section 214 of the Penal Code, which prohibits singing a song likely to 
cause civil strife; and the 1968 Press Act, which prohibits the writing 
of articles on 12 specific subjects, including those detrimental to the 
President, the Revolutionary Command Council, and the Ba'th Party. In 
February 2001, opposition press reported that the regime added the 
penalty of cutting out the tongue of anyone who ridiculed the 
President. There were several reports during the year that this penalty 
was imposed (see Section 1.c.).
    The Ministry of Culture and Information periodically held meetings 
at which it issued general guidelines for the press. Foreign 
journalists must work from offices located within the ministry building 
and were accompanied everywhere they go by ministry officers, who 
reportedly restricted their movements and made it impossible for them 
to interact freely with citizens.
    According to the Special Rapporteur, journalists were under 
continuous pressure to join the Ba'th Party and must follow the 
mandates of the Iraqi Union of Journalists, headed by Uday Hussein. 
According to local sources, in 1999 Uday Hussein dismissed hundreds of 
union members who had not praised Saddam Hussein and the regime 
sufficiently or often enough (see Section 6.a.). Each reporter must 
inform a security officer regarding the nature of news intended for the 
foreign media, and intelligence officers screen broadcasts before 
airing. In October the regime attempted to expel foreign journalists 
who reported on the spontaneous demonstrations of family members of 
disappeared prisoners that erupted after they failed to appear in the 
prison amnesty. This continued a pattern of interference in the freedom 
of the press. For example, in September 1999, Hashem Hasan, a 
journalist and Baghdad University professor, was arrested after 
declining an appointment as editor of one of Uday Hussein's 
publications. The Paris-based Reporters Without Borders (RSF) sent a 
letter of appeal to Uday Hussein; however, Hassan's fate and 
whereabouts still remained unknown at year's end (see Section 1.b.).
    The regime regularly jammed foreign news broadcasts (see Section 
1.f.). Satellite dishes, modems, and fax machines were banned, although 
some restrictions reportedly were lifted in 1999. Regime-controlled 
areas had only two land-based television channels, the official Iraq 
Television, and Youth TV, owned by Uday Saddam Hussein. In 2001 Uday 
Hussein reportedly assumed control of the satellite television service. 
According to press reports, Internet service was available but highly 
restricted by the regime. Reportedly only 500 computers had links to 
the web within regime-controlled areas, and these access points were 
subject to close oversight from regime censors. Books may be published 
only with the authorization of the Ministry of Culture and Information. 
The Ministry of Education often sent textbooks with proregime 
propaganda to Kurdish regions; however, Kurds routinely removed 
propaganda items from such textbooks.
    The regime did not respect academic freedom and exercised strict 
control over academic publications and foreign travel by academics. 
University employees were hired and fired depending on their support 
for the regime.
    In the north, many independent newspapers appeared over the past 8 
years, as did opposition radio and television broadcasts. The absence 
of central authority permitted significant freedom of expression, 
including criticism of the regional Kurdish authorities; however, most 
journalists were influenced or controlled by various political 
organizations. Satellite services and related equipment for telephone, 
fax, Internet, and television services were available. Although the 
rival Kurdish parties in the north, the PUK and KDP, stated that full 
press freedom was allowed in areas under their respective control, in 
practice neither effectively permitted distribution of the opposing 
group's newspapers and other literature.
    The Internet was available widely through Internet cafes in major 
urban centers in Kurdish-controlled areas. In regime-operated Internet 
cafes, users only were permitted to view Web sites provided by the 
Ministry of Culture and Information. The regional authorities did not 
try to limit access to preapproved web sites; however, they often 
monitored web usage by individuals.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the regime restricted this 
right in practice. Citizens may not assemble legally other than to 
express support for the regime, which regularly orchestrated crowds to 
demonstrate support for it and its policies through financial 
incentives for those who participated and threats of violence against 
those who did not. According to press reports, several spontaneous 
demonstrations arising in the wake of the October prison amnesty were 
forcibly dispersed (see Sections 1.a. and 1.b.).
    The Constitution provides for freedom of association; however, the 
regime restricted this right in practice. The regime controlled the 
establishment of political parties, regulated their internal affairs, 
and monitored their activities. New political parties must be based in 
Baghdad and were prohibited from having any ethnic or religious 
character. The political magazine Alef-Be, which is published by the 
Ministry of Culture and Information, reported in December 1999 that two 
political groups would not be permitted to form parties because they 
had an insufficient number of members. The magazine reprinted the 
conditions necessary to establish political parties, which included the 
requirement that a political group must have at least 150 members over 
the age of 25. A 1999 law also stipulates that new parties must ``take 
pride'' in the 1958 and 1968 revolutions, which created the republic 
and brought the Ba'th Party to power. Several parties were outlawed 
specifically, and membership in them was a capital offense (see Section 
3). The law prescribes the death penalty for anyone ``infiltrating'' 
the Ba'th Party.
    In the Kurdish-controlled north, numerous political parties and 
social and cultural organizations existed. The KDP- and PUK-controlled 
administrations imposed restrictions on some political parties and 
groups they considered security risks, or that refused to register as 
political parties or to participate in local elections. The PUK and KDP 
have forced political parties that violate these rules to shut down. 
Neither the KDP nor PUK allowed the other group to open party offices 
in territory under its control; however, they did allow other political 
parties to operate in those territories and included them in their 
administrations.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion provided that it does not violate ``morality and public 
order''; however, the regime severely limited freedom of religion in 
practice. Islam is the official state religion. The Ministry of 
Endowments and Religious Affairs monitored places of worship, appointed 
the clergy, approved the building and repair of all places of worship, 
and approved the publication of all religious literature.
    More than 95 percent of the population is Muslim. The 
(predominantly Arab) Shi'a constitute a 60 to 65 percent majority, 
while Sunni make up 32 to 37 percent (approximately 18 to 20 percent 
are Sunni Kurds, 13 to 16 percent are Sunni Arabs, and the rest are 
Sunni Turkmen). The remaining approximately 5 percent consist of 
Christians--Chaldeans (Roman Catholic), Assyrians (Church of the East), 
Syriac (Eastern Orthodox), and Yazidis (Armenian Orthodox), and a small 
number of Jews and Sabean Mandaeans.
    The regime does not recognize political organizations that have 
been formed by Shi'a Muslims or Assyrian Christians. These groups 
continued to attract support despite their illegal status. There are 
religious qualifications for government office; candidates for the 
National Assembly, for example, ``must believe in God'' (see Section 
3).
    Various segments of the Sunni Arab community, which itself 
constitutes a minority of the population, effectively have controlled 
the regime since independence in 1932. Sunni Arabs are at a distinct 
advantage in all areas of secular life, including civil, political, 
military, and economic. Shi'a and Sunni Arabs are not distinct 
ethnically. Shi'a Arabs have supported an independent country alongside 
Sunni Arabs since the 1920 Revolt, many joined the Ba'th Party, and 
Shi'a formed the core of the army in the 1980-88 Iran-Iraq War. Shi'a 
Arabs, the religious majority of the population, have long been 
economically, politically, and socially disadvantaged. Like the Sunni 
Kurds and other ethnic and religious groups in the north, the Shi'a 
Arabs of the south have been targeted for particular discrimination and 
abuse.
    The regime has for decades conducted a brutal campaign of murder, 
summary execution, and protracted arbitrary arrest against the 
religious leaders and followers of the majority Shi'a population (see 
Sections 1.a., 1.d., and 1.g.). Despite nominal legal protection of 
religious equality, the regime severely repressed the Shi'a clergy and 
those who follow the Shi'a faith. Forces from the Mukhabarat, General 
Security (Amin Al-Amm), the Military Bureau, Saddam's Commandos 
(Fedayeen Saddam), and the Ba'th Party killed senior Shi'a clerics, 
desecrated Shi'a mosques and holy sites, and interfered with Shi'a 
religious education. Security agents reportedly were stationed at all 
major Shi'a mosques and shrines and searched, harassed, and arbitrarily 
arrested worshipers.
    The following regime restrictions on religious rights remained in 
effect during the year: Restrictions and outright bans on communal 
Friday prayer by Shi'a; restrictions on the loaning of books by Shi'a 
mosque libraries; a ban on the broadcast of Shi'a programs on regime-
controlled radio or television; a ban on the publication of Shi'a 
books, including prayer books and guides; a ban on funeral processions 
other than those organized by the regime; a ban on other Shi'a funeral 
observances such as gatherings for Koran reading; and the prohibition 
of certain processions and public meetings that commemorate Shi'a holy 
days. Shi'a groups report that they captured documents from the 
security services during the 1991 uprising that listed thousands of 
forbidden Shi'a religious writings.
    In June 1999, several Shi'a opposition groups reported that the 
regime instituted a program in the predominantly Shi'a districts of 
Baghdad that used food ration cards to restrict where individuals could 
pray. The ration cards, part of the U.N. oil-for-food program, 
reportedly were checked on entry to a mosque and were printed with a 
notice of severe penalties for those who attempt to pray at an 
unauthorized location.
    Shi'a groups reported numerous instances of religious scholars 
being subjected to arrest, assault, and harassment in the past several 
years, particularly in the internationally renowned Shi'a academic 
center of Najaf. In 2000 AI reported that the regime deported 
systematically tens of thousands of Shi'a (both Arabs and Kurds) to 
Iran in the late 1970s and early 1980s, on the basis that they were of 
Persian descent. According to Shi'a sources, religious scholars and 
Shi'a merchants who supported the schools financially were the 
principal targets for deportation. After the 1991 popular uprising, the 
regime relaxed some restrictions on Shi'a attending the schools. 
However, the revival of the schools appeared to have exceeded greatly 
the regime's expectations and led to an intensified crackdown on the 
Shi'a religious establishment, including the requirement that speeches 
by imams in mosques be based upon regime-provided material that 
attacked fundamentalist trends.
    The regime consistently politicized and interfered with religious 
pilgrimages, both of Muslims who wished to make the Hajj to Mecca and 
Medina and of both Iraqi and non-Iraqi Muslim pilgrims who traveled to 
holy sites within the country (see Section 2.d.). For example, in 1998 
the U.N. Sanctions Committee offered to disburse vouchers for travel 
and expenses to pilgrims making the Hajj; however, the regime rejected 
this offer. In 1999 the Sanctions Committee offered to disburse funds 
to cover Hajj-related expenses via a neutral third party; the regime 
again rejected the offer. Following the December 1999 passage of U.N. 
Security Council Resolution 1284, the Sanctions Committee again sought 
to devise a protocol to facilitate payment to individuals making the 
journey. The Sanctions Committee proposed to issue $250 in cash and 
$1,750 in traveler's checks to each individual pilgrim to be 
distributed at the U.N. office in Baghdad in the presence of both U.N. 
and Iraqi officials. The regime again declined and, consequently, no 
Iraqi pilgrims were able to take advantage of the available funds or, 
in 2000, of the permitted flights. The regime continued to insist that 
these funds would be accepted only if they were paid in cash to the 
regime-controlled central bank, not to the Hajj pilgrims.
    Twice each year--on the 10th day of the Muslim month of Muharram 
and 40 days later in the month of Safar--Shi'a pilgrims from throughout 
the country and around the world travel to the Iraqi city of Karbala to 
commemorate the death there centuries ago of the Imam Hussein. The 
regime for several decades interfered with these Ashura commemorations 
by preventing processions on foot into the city. In 1998 and 1999, 
violent incidents were reported between pilgrims on one side and Ba'th 
Party members and security forces enforcing the ban on the other. In 
2000 security forces opened fire on persons who attempted to walk from 
Al-Najaf to Karbala (see Section 1.g.). During the year, there were no 
reports of violence during the pilgrimage; however, the regime 
reportedly imposed travel restrictions.
    The regime also sought to undermine the identity of minority 
Christian (Assyrian and Chaldean) and Yazidi groups.
    The Special Rapporteur and others reported that the regime engaged 
in various abuses against the country's estimated 350,000 Assyrian and 
Chaldean Christians, especially in terms of forced movements from 
northern areas and repression of political rights (see Section 2.d.). 
Most Assyrians lived in the northern provinces, and the regime often 
accused them of collaborating with Iraqi Kurds. Military forces 
destroyed numerous Assyrian churches during the 1988 Anfal campaign and 
reportedly tortured and executed many Assyrians.
    Assyrian groups reported several instances of mob violence by 
Muslims against Christians in the north in the past few years. Kurdish 
groups often referred to Assyrians as Kurdish Christians. Christians 
reported several ritual killings of Christian clergy by unknown 
assailants, which they claimed were perpetrated by Muslim extremists. 
Press and Christian opposition groups reported that an Assyrian nun was 
killed in an apparent emulation of Muslim ritual slaughter in July (see 
Section 1.a.). These reports continued an alleged pattern of violence 
and persecution directed against Christian and other religious 
minorities throughout the country.
    The regime imposed repressive measures on Yazidis (see Section 5).
    Although few Jews remained in the country, regime officials 
frequently made anti-Semitic statements.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The regime restricted movement within 
the country of citizens and foreigners. Police checkpoints were common 
on major roads and highways. Persons who entered sensitive border areas 
and numerous designated security zones were subject to arrest.
    The regime required citizens to obtain specific regime 
authorization and expensive exit visas for foreign travel. Citizens may 
not make more than two trips abroad annually. Before traveling abroad, 
citizens were required to post collateral, which was refundable upon 
their return. There were restrictions on the amount of currency that 
may be taken out of the country. Women were not permitted to travel 
outside the country alone; male relatives must escort them (see Section 
5). Prior to December 1999, every student who wished to travel abroad 
was required to provide a guarantor who would be liable if the student 
failed to return. In December 1999, authorities banned all travel for 
students (including those in grade school), canceled spring and summer 
holidays, and enrolled students in compulsory military training and 
weapons-use courses.
    In an apparent effort to convince citizens living abroad to return 
to the country, the regime radio announced in June 1999 an amnesty for 
teachers who left the country illegally after the Gulf War. Shortly 
thereafter the Revolutionary Command Council decreed a general amnesty 
for all citizens who either had left the country illegally or who had 
failed to return after the period of exile had expired (see Section 
1.d.). In October 1999, Justice Minster Shabib al-Maliki announced that 
authorities might seize assets belonging to citizens living outside the 
country who did not return in response to the amnesty decree. A special 
ministerial committee was formed to track and monitor citizens inside 
the country who received money from relatives living abroad.
    A November 1999 law provides for additional penalties for citizens 
who attempt to leave the country illegally. Under the law, a prison 
term of up to 10 years and ``confiscation of movable and immovable 
property'' is to be imposed on anyone who attempts to leave illegally. 
Similar penalties face anyone found to encourage or assist persons 
banned from travel, including health care professionals, engineers, and 
university professors. In 2000 the director of the Real Estate 
Registration Department stated that pursuant to the decree, the regime 
confiscated the property of a number of persons.
    The regime restricted foreign travel by journalists, authors, 
university professors, doctors, scientists, and all employees of the 
Ministry of Information. Security authorities interrogated all media 
employees, journalists, and writers upon their return from foreign 
travel.
    The regime consistently politicized and interfered with religious 
pilgrimages, both of Muslim citizens who wished to make the Hajj to 
Mecca and Medina and of citizen and noncitizen Muslim pilgrims to holy 
sites in the country (see Section 2.c.).
    Foreign spouses of citizens who have resided in the country for 5 
years (1 year for spouses of government employees) were required to 
apply for naturalization as citizens. Many foreigners thus become 
subject to travel restrictions. The penalties for noncompliance 
included, but were not limited to, loss of the spouse's job, a 
substantial financial penalty, and repayment of any governmental 
educational expenses. The regime prevented many citizens who also held 
citizenship in another country, especially the children of Iraqi 
fathers and foreign-born mothers, from visiting the country of their 
other nationality.
    The U.N. Secretary General estimated that there were more than 
500,000 IDPs remaining in the 3 northern provinces (Erbil, Dohuk, and 
Sulaymaniah), most of whom fled regime-controlled areas in early 1991 
during the uprising that followed the Gulf War. Yazidi Kurds reported 
in November that they were subjected to forced concentration in the 
vicinity of Dohuk over the last few years. The regime continued its 
Arabization policy by discriminating against and forcibly relocating 
the non-Arab population, including Kurds, Turkmen, and Assyrians living 
in Kirkuk, Khanaqin, Sinjar, Makhmour, Tuz, Khoramatu, and other 
districts. Most observers viewed the policy as an attempt to decrease 
the proportion of non-Arab citizens in the oil-rich Kirkuk region, and 
thereby secure Arab demographic control of the area.
    Non-Arab citizens were forced either to change their ethnicity on 
their identity documents and adopt Arabic names or be expelled to the 
Kurd-controlled northern provinces. Persons may avoid expulsion if they 
relinquish their Kurdish, Turkmen, Chaldean, or Assyrian identity and 
register as Arabs. Persons who refused to relinquish their identity may 
have their assets expropriated and their ration cards withdrawn prior 
to being deported.
    The Revolutionary Command Council mandated that new housing and 
employment be created for Arab residents who had been resettled in 
Kirkuk, while new construction or renovation of Kurd-owned property 
reportedly was prohibited. Non-Arabs may not sell their homes, except 
to Arabs, nor register or inherit property. Authorities estimated that 
since 1991, more than 100,000 persons were displaced as part of the 
Arabization program.
    According to numerous deportees in the north, the regime generally 
used a systematic procedure to evict and deport non-Arab citizens. 
Frequently, a security force official demanded that a family change its 
ethnicity from Kurdish or Turkmen to Arab. Subsequently, security 
officials frequently arrested the head of household and informed the 
other family members that the person would be imprisoned until they 
agreed to settle elsewhere in the country. Such families frequently 
chose to move to the north; family members must sign a form that states 
that the departure was voluntary and they were not allowed to take any 
property or their food ration cards issued under the U.N. oil-for-food 
program. The regime frequently transferred the families' houses to Arab 
Ba'th Party members.
    Those expelled were not permitted to return. The Special Rapporteur 
reported in 1999 that citizens who provided employment, food, or 
shelter to returning or newly arriving Kurds were subject to arrest. 
The regime denied that it expelled non-Arab families.
    According to the U.N. High Commissioner for Refugees (UNHCR), 
hundreds of thousands of Iraqi refugees remained abroad. Apart from 
those suspected of sympathizing with Iran, most fled after the regime's 
suppression of the civil uprising of 1991; others were Kurds who fled 
during the Anfal campaign of 1988. Of the 1.5 million refugees who fled 
following the 1991 uprisings, the great majority, particularly Kurds, 
repatriated themselves in northern areas outside regime control.
    The regime did not cooperate with the UNHCR, did not provide first 
asylum, and did not respect the rights of refugees.
    Approximately 12,000 Turkish Kurds who fled civil strife in 
southeastern Turkey remained in northern areas controlled by the regime 
in Baghdad. The UNHCR was treating such displaced persons as refugees 
until it reached an official determination of their status.
    During the year, the KDP and PUK reiterated their September 1998 
agreement to begin returning to their rightful homes the many thousands 
of persons each side had expelled as a result of intra-Kurdish fighting 
in the three northern provinces. In June the first 70 families were 
returned. In April 2000, the UNHCR noted that displaced persons still 
were living in tents or in open, unheated buildings (see Section 1.g.).
    In August 1999, the KDP reportedly imposed a blockade on eight 
Assyrian villages near Aqra. Some sources indicated that KDP forces 
reportedly reentered one of the villages a couple of days later, 
rounded up the villagers, and publicly beat two of them. The KDP denied 
that the blockade or village raids occurred.

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 
President wielded power over all instruments of control. Most important 
officials either were members of Saddam Hussein's family or were family 
allies from his hometown of Tikrit. Although the regime took steps to 
look more like a democracy, the political process still was controlled 
firmly by the regime. The October so-called referendum on Saddam 
Hussein's presidency was not free and was dismissed as a sham by most 
international observers. It did not include voter privacy, and many 
credible reports indicated that voters feared reprisal if they cast a 
dissenting vote. The regime claimed a 100 percent yes vote out of 16 
million votes cast. In a similar ``referendum'' in 1995, a total of 500 
persons reportedly were arrested in Karbala, Baghdad, and Ramadi 
provinces for casting negative ballots, and a member of the 
intelligence services reportedly was executed for refusing to vote for 
the President.
    There are strict qualifications for parliamentary candidates; by 
law the candidates for the National Assembly must be over 25 years old 
and ``believe in God, the principles of the July 17-30 revolution, and 
socialism.'' Elections for the National Assembly were held in March 
2000; 220 of the 250 parliamentary seats were contested and 
presidential appointees filled the 30 remaining seats. Out of the 250 
seats, members of the Ba'th Party reportedly won 165 seats, 
independents won 55, and 30 were appointed by Saddam Hussein to 
represent the northern provinces. According to the Special Rapporteur, 
the Ba'th Party allegedly instructed a number of its members to run as 
nominally independent candidates. Saddam Hussein's son Uday was elected 
to the National Assembly with 99.9 percent of the vote.
    Full political participation at the national level is restricted to 
members of the Arab Ba'th Socialist Party, who were estimated to 
constitute approximately 8 percent of the population. The political 
system is dominated by the Party, which governed through the 
Revolutionary Command Council. President Saddam Hussein heads the 
council. The RCC exercises both executive and legislative authority. 
The RCC dominates the National Assembly, which is completely 
subordinate to it and the executive branch.
    Opposition political organizations were illegal and severely 
suppressed. Membership in certain political parties was punishable by 
death. In October 2000, security forces reportedly executed eight 
persons on charges of forming an opposition organization (see Sections 
1.a. and 2.b.). In 1991 the RCC adopted a law that theoretically 
authorized the creation of political parties other than the Ba'th 
Party. However, in practice the law was used to prohibit parties that 
did not support the President and the regime. In 1999 various media 
published articles claiming that Saddam Hussein instructed officials in 
October 1999 to consider the formation of new political parties, a 
state council, and a new Constitution. However, a Ministry of Culture 
and Information magazine later reported that the only two groups that 
attempted to form a party were refused for having an insufficient 
number of members.
    The regime did not recognize the various political groupings and 
parties that have been formed by Shi'a, Kurds, Assyrians, Turkmen, or 
other communities. These political groups continued to attract support 
despite their illegal status.
    The law provides for the election of women and minorities to the 
National Assembly; however, they had only token representation.
    In the north, all central regime functions have been performed by 
local administrators, mainly Kurds, since the regime withdrew its 
military forces and civilian administrative personnel from the area 
after the 1991 uprising. A regional parliament and local regime 
administrators were elected in 1992. The parliament last met in May 
1995. The two major Kurdish parties in de facto control of the north, 
the KDP and the PUK, battled one another from 1994 through 1997. In 
September 1998, they agreed to unify their separate administrations and 
to hold new elections in July 1999. The cease-fire has held; however, 
reunification measures have been greatly delayed. The PUK and KDP 
convened the united Assembly in October for the first time. The PUK 
held municipal elections in February 2000 and the KDP held municipal 
elections in May, the first elections held in the Kurdish-controlled 
areas since 1992. Foreign and local election observers reported that 
the elections generally were fair.
    The KDP reportedly required membership lists from ethnic minority 
political parties. The regime also imposed additional restrictions on 
some political parties (see Section 2.b.).

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The regime did not permit the establishment of independent human 
rights organizations. Citizens established several human rights groups 
abroad and in northern areas not under regime control. Monitors from 
most foreign and international human rights groups were not allowed in 
the country. However, the regime allowed several international 
humanitarian and aid organizations to operate in the country.
    During the year for the first time since 1992, the regime allowed 
the U.N. Special Rapporteur to pay a 4-day, strictly controlled visit 
to the country, but the regime responded only partially or not at all 
to his requests for information.
    In November the U.N. Commission on Human Rights and the U.N. 
General Assembly issued a report that noted ``with dismay'' the lack of 
improvement in the situation of human rights in the country. The report 
strongly condemned the ``systematic, widespread, and extremely grave 
violations of human rights'' and of international humanitarian law by 
the regime, which it stated resulted in ``all-pervasive repression and 
oppression sustained by broad-based discrimination and widespread 
terror.'' The report called on the Government to fulfill its 
obligations under international human rights treaties.
    The regime operated an official human rights group that routinely 
denied allegations of abuses.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution and the legal system provide for some rights for 
women, children, and minorities; however, in practice the regime 
systematically violated these rights.

    Women.--Domestic violence against women occurred but little was 
known about its extent. Such abuse customarily was addressed within the 
tightly knit family structure. There was no public discussion of the 
subject, and no statistics were published. Spousal violence constitutes 
grounds for divorce and may be prosecuted; however, suits brought on 
such charges reportedly were rare. Under a 1990 law, men who committed 
honor crimes may receive immunity from prosecution (see Section 1.e.).
    The law prohibits rape; however, security forces raped family 
members of persons in the opposition as a punishment (see Section 1.c). 
No information was available regarding the frequency or severity of 
rape in society.
    Prostitution is illegal. The regime denied claims that it has 
beheaded women accused of prostitution (see Section 1.a.).
    The regime stated that it was committed to equality for women, who 
make up approximately 20 percent of the work force. It enacted laws to 
protect women from exploitation in the workplace and from sexual 
harassment; to permit women to join the regular army, Popular Army, and 
police forces; and to equalize women's rights in divorce, land 
ownership, taxation, and suffrage. It was difficult to determine the 
extent to which these protections were afforded in practice. Women were 
not allowed to travel outside the country alone (see Section 2.d.).
    In April 2000, the PUK declared that immunity would not be given 
for honor crimes in the area under its control. Several active women's 
organizations operated in the Kurd-controlled regions in the north. In 
September 2001, the KDP began admitting women into the police academy 
in preparation for their integration into the police force.

    Children.--No information was available regarding whether the 
regime has enacted specific legislation to promote the welfare of 
children. However, the Special Rapporteur and several human rights 
groups collected a substantial body of evidence indicating the regime's 
continued disregard for the rights and welfare of children. Education 
for boys is compulsory through the sixth grade. Children may continue 
in public schools through grade 12, but children often left after grade 
6 to help in family enterprises. The regime claimed that it also has 
enacted laws to make education for girls compulsory.
    The regime's failure to comply with relevant U.N. Security Council 
resolutions has led to a continuation of economic sanctions. There were 
widespread reports that food and medicine that could have been made 
available to the general public, including children, were stockpiled in 
warehouses or diverted for the personal use of some regime officials. 
The executive director of the U.N. office in charge of the oil-for-food 
program confirmed the insufficient placement of orders in a January 
2000 letter to the regime, in which he expressed concern about the low 
rate of submission of applications in the health, education, water, 
sanitation, and petroleum sectors. He also stated that of the $570 
million worth of medicines and medical supplies that had arrived in the 
country through the oil-for-food program in 1998 and 1999, only 48 
percent had been distributed to clinics, hospitals, and pharmacies.
    The regime's management of the oil-for-food program did not take 
into account the special requirements of children between the ages of 1 
and 5, despite the U.N. Secretary General's specific injunction that 
the regime modify its implementation procedures to address the needs of 
this vulnerable group. In 1999 UNICEF issued the results of the first 
surveys of child and maternal mortality in the country that have been 
conducted since 1991. The surveys were conducted between February and 
May 1999, in cooperation with the regime in the southern and central 
regions, and in cooperation with the local Kurdish authorities in the 
north. The surveys revealed that in the south and central parts of the 
country, home to 85 percent of the population, children under 5 years 
old were dying at more than twice the rate that they were a decade 
before. In contrast mortality rates for children less than 5 years old 
in the Kurdish-controlled north dropped in the period between 1994 and 
1999. The Special Rapporteur criticized the regime for ``letting 
innocent people suffer while it maneuvered to get sanctions lifted.'' 
Had the regime not waited 5 years to adopt the oil-for-food program in 
1996, he stated in October 1999, ``millions of innocent people would 
have avoided serious and prolonged suffering.''
    During the year, the regime held 3-week training courses in weapons 
use, hand-to-hand fighting, rappelling from helicopters, and infantry 
tactics for children between 10 and 15 years of age. Camps for these 
``Saddam Cubs'' operated throughout the country. Senior military 
officers who supervised the course noted that the children held up 
under the ``physical and psychological strain'' of training that lasted 
for as long as 14 hours each day. Sources in the opposition reported 
that the army found it difficult to recruit enough children to fill all 
of the vacancies in the program. Families reportedly were threatened 
with the loss of their food ration cards if they refused to enroll 
their children in the course. The Supreme Council for the Islamic 
Revolution in Iraq reported in October 1999 that authorities were 
denying food ration cards to families that failed to send their young 
sons to Saddam Cubs compulsory weapons-training camps (see Section 
1.f.). Similarly, authorities reportedly withheld school examination 
results to students unless they registered in the Fedayeen Saddam 
organization (see Section 1.f.).
    Regime officials allegedly took children from minority groups in 
order to intimidate their families to leave cities and regions in which 
the regime wishes to create a Sunni Arab majority (see Sections 1.d., 
1.f., and 2.d.).

    Persons with Disabilities.--No information was available regarding 
the regime's policy towards persons with disabilities.

    National/Racial/Ethnic Minorities.--The country's cultural and 
linguistic diversity was not reflected in its political and economic 
structure. Non-Arabs were denied equal access to employment, education, 
and physical security. Non-Arabs were not permitted to sell their homes 
except to Arabs, nor to register or inherit property. As part of its 
Arabization policy, the regime continued to relocate forcibly the non-
Arab population, including Kurds, Turkmen, and Assyrians living in 
Kirkuk, Sinjar, and other districts (see Sections 1.f. and 2.d.). 
Similarly, the regime forced many Arabs to relocate to regions forcibly 
vacated by other groups. Both major Kurdish political parties indicated 
that the regime occasionally targeted Assyrians, as well as ethnic 
Kurds and Turkmen, in expulsions from Kirkuk in order to attempt to 
``Arabize'' the city (see Section 2.d.).
    Assyrians and Chaldeans are considered by many to be a distinct 
ethnic group, as well as the descendants of some of the earliest 
Christian communities. These communities speak a different language 
(Syriac), preserve traditions of Christianity, and have a rich cultural 
and historical heritage that they trace back more than 2,000 years. 
Although these groups do not define themselves as Arabs, the regime, 
without any historical basis, defines Assyrians and Chaldeans as such, 
evidently to encourage them to identify with the Sunni-Arab dominated 
regime (see Section 2.c.).
    The regime did not permit education in languages other than Arabic 
and Kurdish. Thus, in areas under regime control, Assyrian and Chaldean 
children were not permitted to attend classes in Syriac.
    The Constitution does not provide for a Yazidi identity. Many 
Yazidis consider themselves to be ethnically Kurdish, although some 
would define themselves as both religiously and ethnically distinct 
from Muslim Kurds. However, the regime, without any historical basis, 
defined the Yazidis as Arabs. There is evidence that the regime 
compelled this reidentification to encourage Yazidis to join in 
domestic military action against Muslim Kurds. Captured regime 
documents included in a 1998 HRW report described special all-Yazidi 
military detachments formed during the 1988-89 Anfal campaign to 
``pursue and attack'' Muslim Kurds. The regime imposed the same 
repressive measures on Yazidis as on other groups (see Section 2.c.).
    Citizens considered by the regime to be of Iranian origin must 
carry special identification and often were precluded from desirable 
employment. Over the years, the regime deported hundreds of thousands 
of citizens of Iranian origin.
    Ethnic minorities faced some discrimination and harassment by Kurds 
in the north. In areas of the north under Kurdish control, classes in 
Syriac and Turkish were permitted in primary schools run by Assyrian or 
Turkmen parties, since the 1991 uprising against the regime. However, 
teaching of Syriac reportedly remained restricted. The Kurdish 
administrations also required that all school children begin learning 
Arabic in primary school.
    Assyrians continued to fear attacks by the PKK, a Turkish-based 
terrorist organization that operated against indigenous Kurds in 
northern areas. In 2000 Assyrians reported being caught in the middle 
of intra-Kurdish fighting. Some Assyrian villagers reported in 2000 
being pressured to leave the countryside for the cities as part of a 
campaign by indigenous Kurdish forces to deny the PKK access to 
possible food supplies. There were no reports during the year of the 
Kurdistan Regional government's investigation into a series of bombings 
in 1998 and 1999 that many Assyrian groups believed were part of a 
terror campaign designed to intimidate them into leaving the north.
    Ethnic Turkmen also claimed discrimination by Kurdish groups, 
including the required use of the Kurdistan flag in Turkmen schools and 
the assignment of Kurdish teachers to Turkmen schools.

Section 6. Worker Rights

    a. The Right of Association.--There were no trade unions 
independent of regime control, and workers rights were highly 
restricted. The Trade Union Organization Law of 1987 established the 
Iraqi General Federation of Trade Unions (IGFTU), a regime-controlled 
trade union structure, as the sole legal trade federation. The IGFTU is 
linked to the Ba'th Party, which used it to promote party principles 
and policies among union members.
    Workers in private and mixed enterprises, but not public employees 
or workers in state enterprises, had the right to join local union 
committees. The committees were affiliated with individual trade 
unions, which in turn belonged to the IGFTU.
    In 1999 Uday Hussein reportedly dismissed hundreds of members of 
the Iraqi Union of Journalists for not praising Saddam Hussein and the 
regime sufficiently (see Section 2.a.). Also in 1999, Uday Hussein 
reportedly jailed at least four leaders of the Iraqi National Students 
Union for failing to carry out his orders to take action against 
students known for their criticism of the situation in the country. No 
significant developments have occurred in these cases.
    The IGFTU is affiliated with the International Confederation of 
Arab Trade Unions and the formerly Soviet-controlled World Federation 
of Trade Unions.
    In the Kurd-controlled northern region, the law allows persons to 
form and join trade unions and other organizations, and to use such 
organizations for political action. Dozens of trade groups have been 
formed since 1991.

    b. The Right to Organize and Bargain Collectively.--The right to 
bargain collectively is not recognized. The regime sets salaries for 
public sector workers, the majority of employed persons. Wages in the 
much smaller private sector were set by employers or negotiated 
individually with workers. Public sector workers frequently were 
shifted from one job and work location to another to prevent them from 
forming close associations with other workers. The Labor Code does not 
protect workers from antiunion discrimination, an omission that has 
been criticized repeatedly by the Committee of Experts of the 
International Labor Organization (ILO).
    The Labor Law restricts the right to strike. According to the 
International Confederation of Free Trade Unions, such restrictions on 
the right to strike include penal sanctions, such as imprisonment or 
detention in labor camps. No strike has been reported during the past 2 
decades.
    There were no export processing zones.

    c. Prohibition of Forced or Bonded Labor.--Forced labor is 
prohibited by law; however, the Penal Code mandates prison sentences, 
including compulsory labor, for civil servants and employees of state 
enterprises for breaches of labor ``discipline,'' including resigning 
from a job. According to the ILO, foreign workers in the country have 
been prevented from terminating their employment and returning to their 
native countries because of regime-imposed penal sanctions on persons 
who do so. There was no information available regarding forced and 
bonded labor by children.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The employment of children under the age of 14 is 
prohibited, except in small-scale family enterprises. However, children 
reportedly were encouraged increasingly to work in order to help 
support their families because of the country's harsh economic 
conditions. The law stipulates that employees between the ages of 14 
and 18 work fewer hours per week than adults. Each year the regime 
enrolls children as young as 10 years of age in a paramilitary training 
program (see Section 5).

    e. Acceptable Conditions of Work.--There was no information 
available regarding minimum wages.
    Most workers in urban areas worked a 6-day, 48-hour workweek. The 
head of each ministry sets hours for regime employees. Working hours 
for agricultural workers varied according to individual employer-
employee agreements.
    Occupational safety programs were in effect in state-run 
enterprises. Inspectors ostensibly inspected private establishments, 
but enforcement varied widely. There was no information regarding 
workers' ability to remove themselves from work situations that 
endanger their health or safety.

    f. Trafficking in Persons.--There was no information available 
regarding whether the law prohibits trafficking in persons. There were 
reports of persons trafficked within the country.
                               __________

                  ISRAEL AND THE OCCUPIED TERRITORIES

    Israel is a parliamentary democracy with a multiparty system and 
free elections. There is no constitution; a series of ``basic laws'' 
provide for fundamental rights. The legislature, or Knesset, has the 
power to dissolve the Government and limit the authority of the 
executive branch. In February 2001, Likud Party leader Ariel Sharon was 
elected Prime Minister and in March 2001 took office as the head of a 
broad ``unity'' government that included the Labor Party, the largest 
bloc in the Knesset. On November 5, after Labor withdrew from the 
Government, Prime Minister Sharon announced he was unable to form a 
coalition and asked the President to dissolve the Knesset and call for 
new elections. New elections for the Knesset are scheduled for January 
28, 2003. The judiciary is independent.
    Since its founding in 1948, Israel has been in a state of war with 
most of its Arab neighbors. Throughout its existence, Israel also has 
experienced numerous terrorist attacks by a number of terrorist 
organizations that had as their stated objective the elimination of the 
Israeli State. With the onset of the ``Al-Aqsa Intifada'' in September 
2000, there was a dramatic escalation in the level of violence directed 
against Israelis. Since 2000 the number of terrorist incidents, and 
Israeli casualties due to such attacks, rose sharply.
    Israel concluded peace treaties with Egypt in 1979 and with Jordan 
in 1994, and a series of agreements with the Palestinians beginning in 
1993. As a result of the 1967 war, Israel occupied the West Bank, the 
Gaza Strip, East Jerusalem, and the Golan Heights (the human rights 
situation in the occupied territories is discussed in the annex 
appended to this report). The international community does not 
recognize Israel's sovereignty over any part of the occupied 
territories.
    Since 1991, the Israelis and the Palestinians made repeated 
attempts at negotiating peace. The most recent Tenet Agreement and the 
Mitchell Plan established a working framework for both parties to 
reduce the violence and negotiate peace. During 2000 and early 2001, 
the parties held intensive talks concerning final status issues, 
including water rights, refugees, settlers, the status of Jerusalem, 
and border and security issues. They did not reach an agreement. 
Despite meetings between high-level Israel and Palestinian officials, 
and repeated declarations of cease-fires on both sides, efforts to end 
the violence yielded few results. However, during the year the United 
States, the Russian Federation, the European Union, and the United 
Nations, (or the Quartet), conducted a series of ministerial-level 
meetings to develop a roadmap to reach their vision of two democratic 
states--Israel and Palestine--living side by side in peace and 
security.
    Internal security was the responsibility of the Israel Security 
Agency (the ISA--formerly the General Security Service (GSS) and also 
known as Shin Bet, or Shabak), which was under the authority of the 
Prime Minister's office. The police were under the authority of the 
Minister of Internal Security. The Israel Defense Forces (IDF) were 
under the authority of a civilian Minister of Defense. The IDF included 
a significant portion of the adult population on active duty or reserve 
status and played a role in maintaining security. The Foreign Affairs 
and Defense Committee in the Knesset reviewed the activities of the IDF 
and the ISA. Members of the security forces committed serious human 
rights abuses in the occupied territories and regarding Palestinian 
detainees.
    The country's population was approximately 6.4 million (including 
Israeli settlers who lived in the occupied territories). The country 
had an advanced industrial economy with a relatively high standard of 
living. During the year, unemployment was approximately 10 percent, but 
was substantially higher in the country's peripheral regions and among 
lower-skilled workers. These facts disproportionately affected the 
country's non-Jewish citizens. The country's economic growth was 
accompanied by an increase in income inequality. The longstanding gap 
in levels of income within the Jewish population and between Jewish and 
Arab citizens increased. Arab citizens populated most of the 17 towns 
in Israel with the highest unemployment rates. During the year, the 
country relied heavily on foreign workers, principally from Asia and 
Eastern Europe, who were employed in agriculture and construction and 
constituted approximately 10 percent of the labor force.
    The Government generally respected the human rights of its 
citizens; however, there continued to be problems with respect to its 
treatment of Arab citizens. During the year, terrorist organizations 
such as the Islamic Resistance Movement (Hamas), Hizballah, Islamic 
Jihad in Palestine, and the Popular Front for the Liberation of 
Palestine (PLFP), among others, committed acts of terrorism in Israel. 
Nearly 226 terror attacks, including suicide bombings, drive-by 
shootings, mortar and grenade attacks, and stabbings occurred in the 
West Bank, Gaza, and Israel proper. Also during the year, more than 469 
Israelis were killed and over 2,498 injured, a sharp increase from the 
previous year. In November 2000, a Legal Commission of Inquiry was 
established to investigate the demonstrations and riots of October 
2000, during which police used excessive force and killed 13 Arab 
citizens. The Commission completed its investigation but had not 
released a report of its findings at year's end.
    Israeli and international human rights organizations continued to 
report an increase in the number of allegations that security forces 
tortured detainees, including using abusive methods prohibited in a 
September 1999 High Court decision. There also were numerous 
allegations that police officers beat detainees. Detention and prison 
conditions for Palestinian security detainees held in Israel were poor 
and did not meet international standards regarding the provision of 
sufficient living space, food, and access to medical care. During the 
year, the Government detained without charge thousands of persons in 
Israel, the West Bank, and Gaza. Some security prisoners were sentenced 
on the basis of coerced confessions by both themselves and others. 
According to human rights organizations, the legal system often imposed 
more severe punishments on Arab citizens than on Jewish citizens, 
although such discrepancies were not provided by law.
    The Government interfered with individual privacy in some 
instances. The Government imposed severe restrictions on the movement 
of persons and some restrictions on the movement of goods between 
Israel and the West Bank and Gaza as well as between cities in the West 
Bank and Gaza. Also known as ``closure,'' this practice has been in 
effect to varying extents since 1993 (see Section 2.d. of the annex). 
The Government claimed that the closures were necessary to prevent 
terrorism. Discrimination and societal violence against women 
persisted, although the Government continued to take steps to address 
these problems. Discrimination against persons with disabilities 
persisted. The Government did little to reduce institutional, legal, 
and societal discrimination against the country's Arab citizens, who 
constituted approximately 20 percent of the population but did not 
share fully the rights and benefits provided to, and obligations 
imposed on, the country's Jewish citizens. Trafficking in women for the 
purpose of forced prostitution was a continuing problem. Israel 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.
    In October 2000, police used excessive force to disperse 
demonstrations in the north of the country, killing 13 Arab citizens 
and injuring 300. In response the Government of Ehud Barak established 
a Legal Commission of Inquiry, chaired by Justice Theodore Or, to 
investigate the cause of the riots and the police response. In 2001 
numerous police officers testified that the police, including snipers, 
fired live ammunition into crowds of demonstrators. Doctors testified 
that rubber-coated steel bullets being fired from close range 
apparently caused several of the 13 deaths. Some police described a few 
of their colleagues as having engaged in overly aggressive actions. 
Testimony during the year corroborated previous testimony and also 
explored alleged inflammatory rhetoric by Israeli Arab politicians 
during the demonstrations.
    In February the Commission warned 14 individuals that it planned to 
investigate responsibility for the violence and deaths. Among the 14 
warned individuals were former Prime Minister Ehud Barak, former 
Minister of Internal Security Shlomo Ben Ami, former Northern Police 
Commander Alik Ron, several other police officials, Knesset members 
Abdulmalik Dehamshe and Azmi Bisharah, and former Mayor of Um al-Fahm 
Sheikh Ra'ed Salah. All 14 individuals had a right to legal counsel and 
to call and cross-examine witnesses. In his testimony to the 
Commission, Ben Ami denied ever having seen a document prepared by his 
ministry's legal department in 2000 outlining ways he should cover 
himself if he were investigated over the actions of that month. Ben Ami 
did not deny that Arab leaders, including members of the Knesset, had 
warned him prior to the 2000 event of increasing violence and racism in 
the police force and of incidents of brutality against Arab citizens. 
In September Barak testified that he had never ordered the police ``to 
use every means necessary to keep roads open'' during demonstrations. 
He said that statements he had made during a radio interview on October 
2, 2000, that seemed to support claims that he had ordered the police 
to take ``any action necessary to bring about the rule of law and 
freedom of movement within the State'' were ``not relevant,'' since he 
had made those statements to calm public concerns. The Commission had 
not issued its findings by year's end.
    During the year, there were no violent demonstrations on the scale 
of those that occurred in 2000.
    There was a sharp increase in the number of suicide bombings, 
shootings, and other acts of terrorism by Palestinian groups or 
individuals in the country and the occupied territories, which resulted 
in the deaths of at least 469 Israelis (also see Sections 1.a. and 1.c. 
of the annex).
    On January 17, a terrorist with an assault rifle opened fire on a 
Bat Mitzvah celebration in Hadera killing 6 persons and injuring 35. On 
March 27, a suicide bombing killed 29 persons and injured 140 during a 
Passover Seder at the Park Hotel in Netanya. On April 12,a suicide 
bombing killed 6 persons, including 2 foreign workers from China, and 
injured 104 near Jerusalem's Mehane Yehuda Market.
    On May 15 and 31, suicide bombings killed 30 persons and injured 95 
in attacks in Rishon Lezion and Haifa. On June 5, a car packed with 
explosives struck a bus traveling from Tel Aviv to Tiberias, killing 17 
persons and injuring 38. On July 31, a bomb exploded at Hebrew 
University in Jerusalem and killed 9 persons, 4 citizens and 5 
Americans. On August 4, a suicide bombing of a bus traveling from Haifa 
to Safed killed 9 persons and injured 50.
    On September 19, a bomb on a bus in Tel Aviv killed 6 persons and 
injured 70. On October 21, a car packed with explosives crashed into a 
bus traveling from Kiryat Shmonah to Tel Aviv and killed 14 persons and 
injured 50.
    Attacks by Hizballah in the Sheba Farms/Har Dov area in the 
northern part of the country resulted in the death of one soldier. On 
March 12, infiltrators from Lebanon killed five civilians, one soldier, 
and wounded seven others. It was believed that the attackers acted with 
the assistance of Hizballah.

    b. Disappearance.--At year's end, Elhannan Tannenbaum, who was 
kidnaped in either Europe or Lebanon in 2000, was believed to still be 
in Hizballah custody. The International Committee of the Red Cross 
(ICRC) attempted to pass medication and messages to Tannenbaum but was 
unable to ascertain whether he received the packages. Tannenbaum's 
family believed he may be seriously ill.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Laws and administrative regulations prohibit the physical 
abuse of detainees. During the year there were credible reports that 
there was an increase in the number of allegations that security forces 
tortured detainees, including using methods prohibited by a 1999 High 
Court decision. The Attorney General has the authority to accept a 
``necessity defense'' in deciding whether or not to prosecute. There 
also were numerous allegations that police officers beat detainees. 
Although it was not clear if any formal complaints of torture were 
filed, human rights groups maintained that no GSS agent has been 
criminally charged with torture or other ill treatment for the past 
several years. Human rights groups further complained that the 
investigators who did field work for the Attorney General's office on 
such claims were GSS agents.
    The 1997 Arrest and Detention Law provides for the right to live in 
conditions that would not harm the health or dignity of the detainee, 
access to adequate health care, the right to a bed for each detainee, 
and access to exercise and fresh air daily. Conditions varied in 
incarceration facilities in the country and the occupied territories, 
which were administered by the Israeli Prison Service (IPS), the IDF, 
or the national police. IPS prisons, which generally housed citizens 
convicted of common crimes, generally met international standards.
    Since the 1995 closure of the main IDF detention camps in the 
occupied territories, all security detainees from the occupied 
territories who were held for more than a few days were transferred to 
facilities within Israel. During the year, security detainees usually 
were held in the IDF's Megiddo prison, in IPS facilities, and in 
special sections of police detention facilities. Prisoners incarcerated 
for security reasons were subject to a different regimen, even in IPS 
facilities, and conditions for them were poor. According to the 
Government, security detainees may receive financial assistance from 
the Palestinian Authority (PA); food, including food required for 
observing religious holidays from their families and other persons or 
organizations; and medical supplies from the ICRC and other aid 
organizations. Security detainees include some minors. Detention 
facilities administered by the IDF were limited to male Palestinian 
detainees. The total number of Palestinian prisoners held by Israel, 
which was 1,854 at the beginning of the year, reached 4,672 by year's 
end. The Government stated that it held 1,007 persons from Gaza and the 
West Bank, and no Israeli Arabs in administrative detention (without 
charge or trial) at year's end. The Government detained approximately 
10,000 prisoners at some point during the year (see Section 1.d.).
    Conditions at the Russian Compound remained extremely poor; 
however, conditions in other IDF facilities improved in some respects. 
For example, inmates were provided more time to exercise outside their 
cells. Nevertheless, recreational facilities remained minimal, and 
there were strict limitations on family visits to detainees.
    Male family members of Palestinian prisoners who were between 16 
and 40 years of age and any family members with security records 
generally were barred from visiting relatives in facilities in Israel. 
Following the outbreak of violence in 2000, the Government banned all 
family visits for Palestinian prisoners in jails. However, during the 
year, the Government intermittently allowed the ICRC to arrange for 
family members to visit Palestinian prisoners in government facilities 
(see Section 1.c. of the annex).
    Since the Intifada began, only Israeli lawyers or Palestinian 
lawyers with Jerusalem identification cards were permitted to visit 
Palestinian prisoners in jails as advocates or monitors, which reduced 
significantly the availability and timeliness of legal aid for such 
prisoners.
    Conditions at some national police detention facilities remained 
poor. Such facilities were intended to hold criminal detainees prior to 
trial but often became de facto prisons. Those held included some 
security detainees and some persons who were convicted and sentenced. 
Inmates in the national police detention facilities often were not 
accorded the same rights as prisoners in the IPS system. Moreover, 
conditions were worse in the separate facilities for security detainees 
maintained both in police facilities and in IPS prisons. There were no 
programs to improve prison conditions by year's end.
    Children's rights groups expressed particular concern over the 
separate sections of holding facilities for the detention of children. 
Overcrowding, poor physical conditions, lack of social workers, and 
denial of visits by parents remained problems. In addition to some 
Israeli minors held in criminal cases, there were Palestinian juveniles 
among the detainees. There were separate prison facilities for Arab and 
Jewish children separate from the adult prison population. Men, women, 
and children were held in separate facilities.
    All incarceration facilities were monitored regularly by various 
institutions including branches of the Government, members of the 
Knesset, the ICRC, and human rights groups (see Section 1.d. of the 
annex).

    d. Arbitrary Arrest, Detention, or Exile.--The law prohibits 
arbitrary arrest; however, the Government did not always observe this 
prohibition. Defendants are considered innocent until proven guilty and 
have the right to writs of habeas corpus and other procedural 
safeguards. However, a 1979 law permits, subject to judicial review, 
administrative, or preventive detention (i.e., without charge or 
trial), which was used in a small percentage of security cases. In such 
cases, the Minister of Defense may issue a detention order for a 
maximum of 1 year, which could be extended every 3 months. Within 24 
hours of issuance, detainees must appear before a district judge who 
could confirm, shorten, or overturn the order. If the order was 
confirmed, an automatic review took place after 3 months. Detainees had 
the right to be represented by counsel and to appeal detention orders 
to the High Court of Justice; however, the security forces could delay 
notification of counsel with the consent of a judge, which was usually 
granted. According to human rights groups and legal experts, there were 
some cases in which a judge denied the Government's request to delay 
notification of counsel. At detention hearings, the security forces may 
withhold evidence from defense lawyers on security grounds. The 
Government also may seek to renew administrative detention orders. 
However, the security services must ``show cause'' for continued 
detention, and, in some instances, individuals were released because 
the standard could not be met. No information was available concerning 
an approximate percentage of those released because the standard for 
continued detention could not be met.
    On March 4, the Knesset passed the Imprisonment of Illegal 
Combatants Law, which allows the IDF to detain anyone if there is a 
basis to assume that he or she ``takes part in hostile activity against 
Israel, directly or indirectly'' or ``belongs to a force engaged in 
hostile activity against the State of Israel.''
    In felony cases and in ordinary security arrests, a district court 
judge could postpone notifying the detainee's attorney for 48 hours. 
The Minister of Defense could extend the postponement to 7 days on 
national security grounds. Moreover, a judge could postpone 
notification for up to 15 days in national security cases.
    The 1997 Arrest and Detention Law more narrowly defined the grounds 
for pretrial detention in criminal and security cases and reduced to 24 
hours the length of time a person may be held without charge; however, 
this law does not extend to administrative detention cases. Human 
rights groups alleged abuse of detention orders in cases in which the 
accused did not pose a clear danger to society.
    Since the beginning of the Intifada, children's rights activists 
have recommended separate legislation to define when and how a child 
may be arrested and how long children may be detained. However, no 
action had been taken by year's end.
    Some protections afforded to citizens were not extended to 
Palestinian detainees, who fell under the jurisdiction of military law 
even if they were detained in Israel. Following IDF redeployment in the 
West Bank, detention centers there were closed in 1995. As a result, 
all Palestinian detainees held for longer than 1 or 2 days were 
incarcerated in Israel (see Section 1.d. of the annex).
    At year's end, the Government held approximately 6,700 Palestinians 
in custody, 3 times as many during the previous year. Those held were a 
combination of common criminal prisoners (approximately 1,500), 
administrative detainees (approximately 850), and ordinary security 
detainees (approximately 4200, nearly 5 times more than the previous 
year). In April 2000, a High Court ruling declared illegal the holding 
of Lebanese detainees in Israeli prisons as ``bargaining chips'' to 
extract concessions or the release of Israeli prisoners held in 
Lebanon. The Government has held, without explicit charges, both Sheikh 
Obeid, a Lebanese Hizballah leader, since 1989 and Mustafa Dirani, a 
head of security for the Amal militia, since 1994. The Government 
claimed both were security threats. In 2001 the Government did not 
comply with a High Court decision mandating that the ICRC have access 
to Obeid. However, in June ICRC was able to make its first visit to 
both Obeid and Durani. There was another visit in October. At year's 
end, Obeid, Durani, and 27 other Lebanese prisoners (20 on security 
grounds, 7 on criminal grounds) remained in custody.
    The law prohibits forced exile of citizens, and the Government 
generally respected this prohibition in practice.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected this 
provision. The judiciary generally provided citizens with a fair and 
efficient judicial process. However, in practice, according to some 
human rights organizations, Arab citizens often received stiffer 
punishments than Jewish citizens. The judicial system is composed of 
civil, military, religious, labor relations, and administrative courts, 
with the High Court of Justice as the ultimate judicial authority. The 
High Court of Justice is both a court of first instance (in cases 
involving government action) and an appellate court (when it sits as 
the Supreme Court). All courts in the judicial system, including the 
High Court of Justice, have appellate courts or jurisdictions.
    The law provides for the right to a hearing with representation by 
counsel, and authorities generally observed this right in practice. A 
regional and national system of public defenders operated by the 
Ministry of Justice employed approximately 700 attorneys through 5 
regional offices. Under the system, economically disadvantaged persons 
who faced sentences of 5 years or longer, and all persons who were 
accused of crimes with sentences of 10 years or longer, received 
mandatory legal representation. Judges also had discretionary power to 
appoint an attorney in all cases. Approximately 70 percent of 
defendants were represented by counsel. All nonsecurity trials were 
public except those in which the interests of the parties were deemed 
best served by privacy.
    Cases involving national security may be tried in either military 
or civil courts and may be partly or wholly closed to the public. The 
prosecution must justify closing the proceedings to the public in such 
cases, and the Attorney General determines the venue. Adult defendants 
had the right to be represented by counsel even in closed proceedings 
but may be denied access to some evidence on security grounds. Under 
the law, convictions may not be based on any evidence denied to the 
defense, although it may influence a judge's decision.
    The 1970 regulations governing military trials were the same as 
evidentiary rules in criminal cases. Convictions may not be based 
solely on confessions, although in practice some security prisoners 
have been sentenced on the basis of the coerced confessions by both 
themselves and others. Counsel may assist the accused, and a judge may 
assign counsel to those defendants when the judge deems it necessary. 
Charges were made available to the defendant and the public in Hebrew, 
and the court could order that the charges be translated into Arabic if 
necessary. Sentencing in military courts was consistent with that in 
criminal courts. Defendants in military trials had the right to appeal 
through the Military High Court. Defendants in military trials also 
could petition the civilian High Court of Justice (sitting as a court 
of first instance) in cases in which they believed there were 
procedural or evidentiary irregularities.
    According to human rights organizations, the legal system in 
practice often imposed stiffer punishments on Israeli Arab citizens 
than on Israeli Jewish citizens. For example, human rights advocates 
claimed that Arab citizens were more likely to be convicted of murder 
(which carries a mandatory life sentence) than Jewish citizens. The 
courts reportedly also were more likely to detain Arab citizens until 
the conclusion of proceedings. For example, in the first month after 
the October 2000 riots in Arab and Jewish locales, police arrested 
approximately 1,000 persons, including 660 Arabs and 340 Jews. Of the 
Arabs arrested, 79 percent reportedly were indicted, compared to 21 
percent of the Jews; 72 percent of the Arabs were detained without 
bond, compared to 11 percent of the Jews. A number of Arabs accused of 
crimes such as stone-throwing during the year received sentences of 
more than 3 years. In contrast in October 2001, a Jewish man who was 
convicted of being part of a mob that severely beat a Palestinian man 
in Netanya in March was sentenced to 18 months in prison (see Section 
1.c.). The Government has stated that allegations of systematic 
discrimination of non-Jews in the courts were unfounded.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law generally protected privacy of the individual 
and the home; however, there also were laws that provide that 
authorities may interfere with mail and monitor telephone conversations 
in certain circumstances. In criminal cases, the law permits 
wiretapping under court order; in security cases, the order must be 
issued by the Ministry of Defense. Under emergency regulations, 
authorities may open and destroy mail based on security considerations.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The law provides for freedom of 
the press, and the Government generally respected this right in 
practice. The law authorizes the Government to censor any material 
reported from Israel or the occupied territories that it regarded as 
sensitive on national security grounds; however, authorities rarely 
applied the law in practice. However, during the year, the Ministry of 
Interior closed an Arab newspaper, Sawt al-Haqq Wal-Hurriya. The 
newspaper was affiliated with the northern branch of the Islamic 
movement in the country, and had previously published articles the 
Government believed supported terrorism in the country. A censorship 
agreement between the Government and media representatives applied to 
all media organizations in the country and provided that military 
censorship was to be applied only in cases involving national security 
issues that had a near certainty of harming the country's defense 
interests. All media organizations may appeal the censor's decision to 
the High Court of Justice. Moreover, a clause prohibits the military 
censor from closing a newspaper for censorship violations and from 
appealing a court judgement against it. News printed or broadcast 
abroad may be reported without the censor's review, which permits the 
media to run previously censored stories that have appeared in foreign 
sources. Emergency regulations made it illegal for persons to express 
support for illegal organizations. On occasion the Government 
prosecuted persons for speaking or writing on behalf of terrorist 
groups. In August 2001, the Attorney General announced that he would 
file an indictment against Knesset Member Azmi Bisharah for making 
statements perceived by some as supportive of Hizballah during 
Bisharah's June visit to Syria (a country still in a state of war with 
Israel). In November 2001, the Knesset voted to lift Bisharah's 
immunity so that he could face prosecution. At year's end, the case was 
still in discovery.
    One Palestinian-owned newspaper, Al-Quds, was required to submit 
its entire contents, including advertising, to the military censor by 4 
p.m. each day. The editor claimed that this process caused his 
journalists to practice self-censorship. During the year, journalists 
and professional journalist groups claimed that the Government placed 
limitations on their freedom of movement within the occupied 
territories, between the West Bank and Gaza, and between the occupied 
territories and Israel during violent unrest. The Government and 
security forces have stated that they did not target journalists due to 
their profession; however, three journalists were killed and at least 
five were injured while covering events in the occupied territories 
during the year (see Section 2.a. of the annex).
    The Government Press Office, due to security concerns, required 
foreign journalists to sign an agreement stating that they will submit 
certain news stories and photographs for censorship; however, they 
rarely were challenged for not doing so.
    Individuals, groups, and the press freely addressed within the 
limits of the law public issues and criticized government policies and 
officials without reprisal. Laws prohibit hate speech and incitement to 
violence. The Government investigated a significantly higher number of 
Arab Members of the Knesset (MKs) than Jewish MKs for the use of hate 
speech and incitement to violence.
    All newspapers were privately owned and managed. Newspaper licenses 
were valid only for Israel; separate licenses were required to 
distribute publications in areas in the occupied territories still 
under the Government's authority. There were 16 daily newspapers, 90 
weekly local newspapers, and more than 250 periodical publications.
    Directed by a government appointee, the quasi-independent Israel 
Broadcast Authority controlled television Channel 1 and Kol Israel 
(Voice of Israel) radio, both major sources of news and information. 
The privately operated Channel 2, the country's first commercial 
television station, was operated by 3 franchise companies and 
supervised by the Second Television and Radio Authority, a public body 
that also supervised 14 private radio stations. There were five cable 
television companies that carried both domestic and international 
networks and produced shows specifically for the Israeli audience.
    The Government generally respected academic freedom; however, in 
December 2001 the human rights organization Adalah claimed that the 
Government interfered with the education of Israeli Arab students 
because a member of the GSS monitored and approved the appointment of 
teachers and administrators in Arab schools. Adalah claimed that the 
GSS discriminates against candidates for education positions based on 
political affiliations, although there have been no credible reports 
since the mid-1980s of the Government denying a teachers certificate on 
security grounds (see Section 5). However, a teaching certificate does 
not ensure job placement. For example, during the year, Minister of 
Education Limor Livnat supported an unsuccessful attempt to prosecute 
university professors who supported conscientious objectors to Israeli 
practices. In addition, there was an abortive attempt to dismiss a 
historian, Ilan Pappe, at Haifa University who criticized the 
prevailing interpretation of the 1948 conflict between Israelis and 
Palestinians. However, at year's end, he continued to teach there.

    b. Freedom of Peaceful Assembly and Association.--The law provides 
for the right of assembly, and the Government generally respected this 
provision in practice.
    During the year, there were a number of peaceful demonstrations for 
and against peace negotiations with the Palestinians.
    The law provides for the right of association, and the Government 
generally respected this provision in practice. However, during the 
year, the Government continued to deny registration of a new 
Palestinian NGO in Israel, Tawasul. The organization works to establish 
connections between Arab citizens and other cultures around the world 
(see Section 4). The Government stated that it merely wanted the 
organization to change its name, due to its similarity to those of 
other registered NGOs.

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government generally respected this right; however, it imposed 
some restrictions. Approximately 80 percent of citizens are Jewish, 
although some persons in that group are not considered Jewish under 
Orthodox Jewish law or are related by marriage to a Jewish citizen. 
Muslims, Christians, and Druze make up the remaining 20 percent of the 
population. The Government recognized 5 religions: Judaism, Islam, 
Christianity, Druzism, and Samaritanism. The status of some Christian 
organizations with representation in the country heretofore has been 
defined by a collection of ad hoc arrangements with various government 
agencies. Several of these organizations sought to negotiate with the 
Government in an attempt to formalize their status. Each recognized 
religious community has legal authority over its members in matters of 
marriage and divorce. Secular courts have primacy over questions of 
inheritance, but parties, by mutual agreement, may bring cases to 
religious courts. Jewish and Druze families may ask for some family 
status matters, such as alimony and child custody in divorces, to be 
adjudicated in civil courts as an alternative to religious courts. 
Christians only may ask that child custody and child support be 
adjudicated in civil courts as an alternative to religious courts. 
Muslims have no recourse to civil courts in family-status matters.
    Under the Law of Return, the Government grants automatic 
citizenship and residence rights to Jewish immigrants and their 
families; the Law of Return does not apply to non-Jews or to persons of 
Jewish descent who have converted to another faith (see Section 2.d.). 
Members of unrecognized religious groups (particularly evangelical 
Christians, but also Russian immigrants and others who considered 
themselves Jewish but were not recognized as such), at times faced 
problems obtaining marriage certificates or burial services. However, 
informal arrangements provided relief in some cases.
    Many Israeli Jews who wish to marry in secular or non-Orthodox 
religious ceremonies do so abroad, and the Ministry of Interior 
recognizes such marriages. However, many Jewish citizens object to such 
exclusive control, and it has been at times a source of serious 
controversy in society, particularly in recent years, as thousands of 
immigrants from the former Soviet Union have not been recognized as 
Jewish by Orthodox authorities. For example, questions have been raised 
about according Russian immigrants full Jewish burial rights if their 
Jewish heritage was not certified by the Orthodox Rabbinate.
    Under the Jewish religious courts' interpretation of personal 
status law, a Jewish woman may not receive a final writ of divorce 
without her husband's consent. Consequently, there were thousands of 
so-called ``agunot'' in the country who were unable to remarry or have 
legitimate children because their husbands either disappeared or 
refused to grant a divorce.
    Some Islamic law courts have held that Muslim women may not request 
a divorce but that women may be forced to consent if a divorce is 
granted to a man.
    The Government provided proportionally greater financial support to 
institutions in the Orthodox Jewish sector compared with those in the 
non-Orthodox or non-Jewish sector, i.e., Muslim, Christian, and Druze. 
For example, the budget for the Ministry of Religious Affairs for 2000 
only allocated 2.9 percent of its resources to the non-Jewish sector, 
although Muslims, Christians, and Druze constituted approximately 20 
percent of the population. In 1998 the High Court of Justice ruled that 
the Ministry of Religion budget allocation constituted ``prima facie 
discrimination'' but that the plaintiff's petition did not provide 
adequate information about the religious needs of the various 
communities. The Court refused to intervene in the budgetary process on 
the grounds that such action would invade the proper sphere of the 
legislature. However, in 2000 the Court ordered the Government to 
allocate resources equitably to cemeteries of the Jewish and Arab 
communities. The Government began implementing to some degree the 
decision during the year. For example, some non-Jewish cemeteries 
reported enhanced financing and some money to complete long-standing 
infrastructure and improvement projects.
    For security reasons, the Government imposed restrictions on 
citizens who perform the Hajj, including requiring that they be over 
the age of 30 (see Section 2.d.). The Government justified these 
restrictions on the grounds that Saudi Arabia remained officially at 
war with Israel and that travel to Saudi Arabia therefore was 
considered subject to security considerations.
    Missionaries were allowed to proselytize, although the Church of 
Jesus Christ of Latter-day Saints voluntarily refrained from doing so 
under an agreement with the Government. The law prohibits anyone from 
offering or receiving material benefits as an inducement to conversion; 
however, there have been no reports of the enforcement of this law.
    The Government has recognized only Jewish holy places under the 
1967 Protection of Holy Sites Law. However, the Government stated that 
it also protects the holy sites of other faiths. It also stated that is 
has provided funds for some holy sites of other faiths. Muslim groups 
claimed that the Government has been reluctant to renovate mosques in 
areas where there no longer was a Muslim population. In May the High 
Court sustained a demolition order for a mosque in the unrecognized 
village of Husseinya, which was built without a permit in 1996.
    During the year, the Government continued to refuse recognition to 
the duly-elected Greek Orthodox Patriarch, Eirinaios I. Many local 
Greek Orthodox Christians perceived the Government's actions as 
interference with the internal workings of their church.
    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 for citizens, 
except with regard to military or security zones or in instances in 
which citizens may be confined by administrative order to their 
neighborhoods or villages. Since the outbreak of violence in 2000, the 
Government has imposed some restrictions on the movement of persons 
between Israel and the West Bank and Gaza, and between cities inside 
the West Bank and Gaza (see Section 2.d. of the annex).
    Citizens generally were free to travel abroad and to emigrate, 
provided they had no outstanding military obligations and were not 
restricted by administrative order. During the year, the Government 
issued an order restricting the right of Sheik Raed Salah, leader of 
the oppositionist Northern Branch of Israel's Islamic Movement, to 
travel abroad. The Government claimed to have confidential security 
reasons for banning the foreign travel of Sheik Salah. For security 
reasons, the Government imposed some restrictions on its Muslim 
citizens who performed the Hajj (see Section 2.c.). The Government did 
not allow persons to return from the Hajj if they left the country 
without formal permission. The Government justified these restrictions 
on the grounds that Saudi Arabia remained officially at war with Israel 
and that travel to Saudi Arabia therefore was considered subject to 
security considerations.
    The Government stated that non-Jewish female citizens who marry 
noncitizen men, including men from the occupied territories, could 
retain their citizenship. The law includes provisions that allow a male 
spouse of a non-Jewish citizen to acquire citizenship and enter the 
country after the spouse passes a 4 \1/2\ year, multistage period of 
adaptation, except in cases in which the man has a criminal record or 
is suspected of posing a threat to security. A small number of 
Christian, Muslim, and Druze women who have married men from Arab 
states or the West Bank and Gaza have made unsubstantiated claims that 
the Government revoked their citizenship and their right to reenter 
Israel; particularly after marrying men who are citizens of countries 
officially at war with Israel. A much larger number of Israeli Arabs, 
both men and women, were waiting for the Ministry of Interior to admit 
their spouses into Israel as residents. One NGO, Adalah, claimed to 
have a list of dozens of couples who were denied the right to unite in 
Israel, despite laws guaranteeing this right.
    During the year, journalists claimed that the Government placed 
limits on their freedom of movement within the occupied territories, 
between the West Bank and Gaza, and between Israel and the occupied 
territories, during violent unrest (see Section 2.a.).
    Citizens are required to enter and leave the country on their 
Israeli passports only. In addition, no citizen or passport-holder was 
permitted to travel to countries officially at war with Israel without 
special permission from the Government. During the year, there were 
credible reports that the Government confiscated both the Israeli and 
Vatican passports of Archimandrite Theodosios Hanna, an Israeli citizen 
of the Greek Orthodox Church in Jerusalem. Hanna was held and 
interrogated by police at the Russian Compound. He was questioned 
regarding visits he made to Syria and Lebanon, relations with PA 
President Yasser Arafat, and his position on the Intifada. When 
summoned to collect his passports, Hanna was informed that he would 
have to sign a statement promising not to incite violence against the 
state, make statements in support of terrorist activity, and to visit 
states hostile to the country without Ministry of Interior permission. 
Hanna refused to sign and was denied his passports.
    The Government welcomes Jewish immigrants and their Jewish or non-
Jewish family members, refugees and immigrants, on whom it confers 
automatic citizenship and residence rights under the Law of Return. 
Children of female converts to Judaism are eligible to immigrate only 
if the children were born after the woman's conversion. The Law of 
Return does not apply to non-Jews or to persons of Jewish descent who 
have converted to another faith. During the year, several Israeli 
citizens from the former Soviet Union told diplomats that the Ministry 
of Interior was attempting to strip their citizenship and return them 
to their home countries because they had divorced their Jewish spouses. 
At least one of those potential deportees had served a full term in the 
IDF.
    Other than the Law of Return and the family reunification statutes, 
there is no immigration law that provides for immigration to the 
country or for political asylum or refugee status. The law does allow 
individuals to live in the country as permanent residents. The 
Government cooperated with the office of the U.N. High Commissioner for 
Refugees (UNHCR) and other humanitarian organizations in assisting 
Jewish refugees. The Government did not provide asylum to refugees from 
states with which the country remains in a state of war. Individuals 
present in the country on tourist or work visas, or those in the 
country illegally, sometimes filed petitions with the local UNHCR 
representative as the first step in seeking refugee status. During the 
year, the Government removed the right to adjudicate status from UNHCR 
headquarters in Geneva and granted it to an interministerial committee, 
which reviewed pending cases to determine if the facts merited 
designation of refugee status. The interministerial committee makes a 
recommendation to the Minister of the Interior, who has the final 
authority to determine status. If a person is granted such status, it 
is government policy to grant renewable temporary visas, provided that 
the person is not from a state with which the country is at war. In 
those cases, the Government attempts to find a third country in which 
the individuals can live. The Government provides refugees all the 
protections under refugee conventions, although in some instances 
individual ministries have not complied in an expeditious manner. Some 
NGOs alleged that the process has been politicized and that decisions 
of the committee have been disregarded.
    The issue of first asylum did not arise during the year.

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 exercised this right in practice through 
periodic, free, and fair elections held on the basis of universal 
suffrage for adult citizens. National elections were held on February 
6, 2001, when Ariel Sharon was elected Prime Minister and the governing 
coalition changed party affiliation. The country is a parliamentary 
democracy with an active multiparty system in which political views are 
wide-ranging. Relatively small parties, including those whose primary 
support is among Israeli Arabs, regularly win seats in the Knesset. 
Elections are by secret ballot.
    There were no legal impediments to the participation of women and 
minorities in government. Women held 17 of 120 Knesset seats. Of the 
Knesset's 20 committees, 6 (including the Committee on the Status of 
Women) were chaired by women. At year's end, there were 2 women in the 
Cabinet; 4 women served on the 14-member High Court of Justice. There 
were 11 Arabs and 2 Druze in the 120-member Knesset; most represented 
parties that derived their support largely or entirely from the Arab 
community. No Arab or Druze citizens served on the 14-member High Court 
of Justice.
    In May the Knesset amended the Basic Law, which prohibits the 
candidacy of any party or individual who denies the Jewish and 
democratic existence of the State of Israel or incites racism, to also 
prohibit parties and individuals who ``support (in action or speech) 
the armed struggle of enemy states or terror organizations.'' This 
amendment opened a door to challenges which were made by the Attorney 
General to one Israeli-Arab party and one Jewish candidate.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of local and international human rights groups 
operated without government restriction, investigating and publishing 
their findings on human rights cases. Government officials generally 
cooperated with investigations. However, Human Rights Watch reported 
increased harassment by IDF soldiers and increased difficulty in 
gaining permission for expatriate staff to enter the country.
    In March the Ministry of Interior issued an order to border 
officials to bar the entry to all foreign nationals who were affiliated 
with Palestinian NGOs and solidarity organizations. For example, in 
April the Ministry of Interior attempted to ban entry into the country 
of three representatives of international human rights organizations 
and threatened to deport them within hours. Sidiki Kaba and Driss El 
Yazami, President and Secretary General of the International Federation 
of Human Rights Leagues, and Henri LeClerck, former President of the 
Ligue des Droits de l'Homme, were told they would not be allowed to 
enter the country. The three had traveled to participate in a press 
conference regarding human rights violations resulting from Israeli 
incursions into Palestinian-controlled areas of the occupied 
territories. All three had proper travel documentation, including 
visas. The Government stated that it barred these individuals because 
they were interested in making political statements.
    On August 11, Adalah claimed that the Government would investigate 
the group on the grounds of undertaking activities beyond the scope of 
its mandate, association with a political party, and financial 
mismanagement. The group raised concerns and stated that the 
investigation appeared to be government efforts to hinder or prevent 
its functioning.
    During the year, the Government continued to deny registration to a 
new Palestinian NGO in Israel, Tawasul. The Government said that it 
merely wanted the organization to change its name, due to its 
similarity to those of other registered NGOs (see Section 2.b.).

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The law prohibits discrimination on the basis of sex or marital 
status. The law also prohibits discrimination by both government and 
nongovernmental entities on the basis of race, political beliefs, and 
age. Local human rights groups were concerned that these laws often 
were not enforced, either as a result of institutionalized 
discrimination, or because resources for implementing those laws, or 
mechanisms for their enforcement, were lacking. According to a report 
submitted to the U.N. by the Government in February, allocation of 
resources to different population groups was not consistent with the 
law's prohibition on discrimination.
    The Government owns and manages 77 percent of the country's land 
area, and as a matter of policy it does not sell land. The Jewish 
National Fund (JNF), an organization established in 1897 for the 
purchase and management of land for the Jewish people, owned 8 percent 
of the country's land area, including a considerable amount transferred 
directly from the Government, and managed another 8 percent on behalf 
of the Government. The JNF's statute prohibits the sale or lease of 
land to non-Jews. Foreigners and citizens of all religions were allowed 
freely to purchase or lease the 7 percent of land not controlled by the 
Government or the JNF. In March 2000, the High Court of Justice ruled 
that the Government's use of the JNF to develop public land was 
discriminatory. At year's end, there were no new developments in this 
case.

    Women.--In March 2000, the Knesset passed the Equality of Women 
Law, which provides for equal rights for women in the workplace, the 
military, education, health, housing, and social welfare, and entitles 
women to protection from violence, sexual harassment, sexual 
exploitation, and trafficking. The law prohibits domestic violence; 
however, violence against women was a problem, despite the steps taken 
by the Government and other organizations to reduce such violence.
    During the year, approximately 20 women were killed by their 
husbands or other male relatives. According to a prominent women's 
group, between 150,000 and 200,000 (4 and 6 percent) of women and girls 
were victims of domestic violence each year; an estimated 12,000 to 
14,000 (7 percent) of them were abused on a regular basis. According to 
women's organizations, approximately 3,000 women and girls were 
assaulted sexually and approximately 1,000 were victims of incest 
during the year; an estimated 45 percent of them were girls under the 
age of 18. Only a small percentage of the victims complained to the 
police. According to the Domestic Violence Law, a district or 
magistrate court may prohibit access by violent family members to their 
property.
    Rape is illegal.
    Arab human rights advocates formed a coalition to raise public 
awareness of so-called honor crimes. There were an unknown number of 
Arab women killed during the year by male relatives in family ``honor'' 
cases, a violent assault with intent to commit murder against a woman 
or girl by a relative for her perceived immodest behavior or alleged 
sexual misconduct. Families often attempted to cover up the cause of 
such deaths. NGOs and press accounts reported that the Government 
investigated and tried the perpetrators of so-called honor crimes.
    Prostitution is not illegal; however, the operation of brothels and 
organized sex enterprises is outlawed. Prostitution was a problem. NGOs 
reported that an unknown number, possibly between 100 and 200, of the 
nation's prostitutes were under the age of 18.
    Trafficking in women became a significant problem in recent years. 
According to recent studies, every year hundreds of women from the 
former Soviet Union were trafficked to the country by well-organized 
criminal networks to work as prostitutes (see Section 6.f.).
    In 1998 the country adopted a comprehensive sexual harassment 
prevention law; since that time, several prominent cases have increased 
public awareness of the issue.
    In 1996 legislation was adopted that provides for class action 
suits and requires employers to provide equal pay for equal work, 
including important side benefits and allowances; however, women's 
rights advocates claimed that deep gaps remained. Women's advocacy 
groups reported that women routinely received lower wages for 
comparable work, were promoted less often, and had fewer career 
opportunities than their male counterparts. For example, the wage gap 
between men and women for year-round, full-time employment was 
approximately 30 percent, and only 2 percent of women served in 
positions of senior management in large companies.
    The adjudication of personal status law in the areas of marriage 
and divorce is left to religious courts, in which Jewish and Muslim 
women are subject to restrictive interpretations of their rights. Under 
personal status law, Jewish women are not allowed to initiate divorce 
proceedings without their husbands' consent; consequently there were 
estimated to be thousands of ``agunot'' who may not remarry or have 
legitimate children because their husbands either disappeared or 
refused to grant a divorce.
    In accordance with Orthodox Jewish law, the 1995 Rabbinical Courts 
Law allows rabbinical tribunals to impose sanctions on husbands who 
refuse to divorce wives who have ample grounds for divorce, such as 
abuse. Since 1999 a foreign citizen has been in prison for refusing to 
grant his wife a divorce. However, in some cases, rabbinical courts 
failed to invoke these sanctions. In addition, there were cases in 
which a wife failed to agree to a divorce, but rabbinical authorities 
allowed the man to ``take a second wife''; this remedy was not 
available to wives. Such restrictive practices have been used by 
husbands to extort concessions from their wives in return for agreeing 
to a divorce. Rabbinical courts also may exercise jurisdiction over and 
issue sanctions against non-citizen Jews present in the country.
    Some Islamic law courts in the country have held that Muslim women 
may not request a divorce, but that women may be forced to consent if a 
divorce is granted to a man.

    Children.--The Government has stated its commitment to the rights 
and welfare of children; however, in practice resources at times were 
insufficient, particularly with respect to low-income families. 
Government spending was proportionally lower in predominantly Arab 
areas than in Jewish areas, which adversely affected children in Arab 
villages and cities. In June the Government passed an emergency 
economic plan that reduced the child allowance. Children whose parents 
have served in the army had a cut of 4 percent and children whose 
parents have not served in the army had a cut of 24 percent. Most 
Israeli Arabs are exempt from compulsory military service. In addition 
to the 12 percent cut in February, the decision makes child allowances 
37 percent lower for Arab children compared to Jewish children. 
However, children of Druze or Circassians who are drafted or Christian/
Muslims who volunteer for the IDF receive the higher figure. Children 
from religious Jewish families who do not serve in the IDF receive the 
lower figure. Ultra orthodox Jews who did not serve in the military 
faced the same child welfare cuts. However, they were eligible for 
extra subsidies, including educational supplements not available to 
others.
    Education was compulsory up to the age of 15 or until the child 
reaches the 10th grade, whichever comes first. Arab children made up 
approximately one-quarter of the public school population, but 
historically government resources allocated for them were 
proportionately less than for Jewish children. Many schools in Arab 
communities were dilapidated and overcrowded, lacked special education 
services and counselors, had poor libraries, and had no sports 
facilities. The Government allocated 26 percent of the school budget 
for the year for the construction of new classrooms for schools in Arab 
communities (not including Druze communities). According to the 
Government's report to the U.N. in February, government investment per 
Arab pupil was approximately 60 percent of investment per Jewish pupil.
    High school graduation rates for Arabs were significantly lower 
than for Jews. According to 1998 statistics, 58 percent of the teachers 
in Jewish schools had university degrees compared with 39 percent of 
the teachers in Arab schools. Preschool attendance for Bedouin children 
was the lowest in the country, and the dropout rate for Bedouin high 
school students was the highest.
    Arab groups noted that the public school curriculum stressed 
Israel's Jewish culture and heritage. Israeli Arab students were not 
eligible to participate in a special education program to provide 
academic assistance to students from disadvantaged backgrounds. A 
petition was filed with the High Court of Justice in 1997 charging that 
the Ministry of Education's refusal to provide this program to Israeli 
Arab students was discriminatory. The Attorney General's office agreed 
that the policy constituted impermissible discrimination but asked for 
5 years to expand the program to Israeli Arab students. The petitioners 
rejected this proposal as being too slow. The court held hearings on 
the case twice in 1999; during the hearings, the Government promised to 
equalize special education resources by 2004. In July 2000, the 
Commission to Examine the Implementation of the Special Education Law 
(the Margalit Commission) published its detailed recommendations on how 
to improve special education in the Arab sector. At year's end, the 
Government still had not implemented those recommendations, and the 
budget for the year did not contain provisions to equalize spending on 
Arab and Jewish special education.
    The Government operated a number of school systems: one for secular 
Jews, at least two for religious Jews, and one for Israeli Arabs. Most 
Jewish children attended schools where the language of instruction was 
Hebrew and the curriculum included Jewish history. Although Israeli 
Arab children were free to attend ``Jewish schools,'' most chose 
schools where the language of instruction was Arabic and the curriculum 
had less of a ``Jewish'' focus. Israeli Arab children overall received 
an education inferior to that of Jewish children in the secular system. 
The Education Ministry allocated money per class, and due to the larger 
classes of Arab students, acknowledged that it allocated less money per 
student in the Arab system than in the Jewish systems. In addition, 
Jewish schools received additional state and state-sponsored funding 
for school construction and special programs through other government 
agencies. In its report to the U.N. in February, the Government stated 
that the discrepancies between the two sectors were reflected in 
various aspects in the Arab sector; including physical infrastructure, 
the average number of students per class, the number of enrichment 
hours, the extent of support services, and the level of education of 
professional staff. In 1999 the Government decided to implement a plan 
that would place the budgetary and educational standards of the Arab 
sector on par with those of the Jewish sector from the period 1999 to 
2003. The plan proposed a unified criteria for allocating resources to 
the Arab sector, relative to the Jewish sector, and proposed 
integrating the Arab and Druze sectors equally in all new Ministry 
programs. However, the Follow-Up Committee on Arab Education claimed 
that the Ministry's implementation was only partial and did not 
encompass all of the recommendations presented in the original 5-year 
plan.
    In December 2001, Adalah requested that the Government discontinue 
GSS monitoring and approval of teachers and administrators in Arab 
schools and claimed that in its role at the Ministry of Education, the 
GSS discriminated against persons on the basis of their political 
affiliation (see Section 2.a.).
    There has been concern regarding the thousands of children of the 
country's growing population of foreign workers, many of whom resided 
in the country illegally. Technically, foreign workers may not enter 
the country with their spouses or bring their spouses into the country 
on tourist or work status. Those who did were subject to deportation. 
Foreign workers who married while in country lost their status and were 
subject to deportation. These restrictions, however, did not preclude 
the possibility of children being born to foreign workers while in the 
country. Those children were entitled to remain with their parent and 
to receive limited health and education benefits until the age of 18. 
Children of parents who were in the country illegally live in social 
limbo, occasionally without access to adequate education and medical 
care.
    The Government has legislated against sexual, physical, and 
psychological abuse of children and has mandated comprehensive 
reporting requirements regarding these problems. Although there was a 
sharp increase in reported cases of child abuse in recent years, 
activists believed that this largely was due to increased awareness of 
the issue rather than a growing pattern of abuse. There were five 
shelters for children at risk of abuse.
    Activists estimated that there may be several hundred prostitutes 
among the nation's children (see Section 6.f.).

    Persons with Disabilities.--The Government provided a range of 
benefits, including income maintenance, housing subsidies, and 
transportation support for persons with disabilities, who constituted 
approximately 10 percent of the population. Existing anti-
discrimination laws do not prohibit discrimination based on disability, 
and persons with disabilities continued to encounter difficulties in 
areas such as employment and housing. A law requiring access for 
persons with disabilities to public buildings was not widely enforced. 
There was no law providing for access to public transportation for 
persons with disabilities. Extended protests by organizations for 
persons with disabilities during the year led to a small increase in 
government spending in support of persons with disabilities.

    National/Racial/Ethnic Minorities.--The Government did not allocate 
sufficient resources or take adequate measures to provide Israeli 
Arabs, who constitute approximately 20 percent of the population, with 
the same quality of government services, as well as the same 
opportunities for government employment, as Jews. In addition, 
government spending was proportionally far lower in predominantly Arab 
areas than in Jewish areas; on a per capita basis, the Government spent 
two-thirds as much for Arabs as for Jews. In February the Government 
noted in a report to the U.N. that ``the Arab population is typified by 
larger families, lower levels of education, and lower income than the 
total Israeli population.''
    Municipalities, including Arab municipalities, were responsible for 
issuing building permits within the municipal boundaries. Some Arab 
NGOs claimed that outside of Arab-governed municipalities, the 
Government was more restrictive in issuing building permits to Arabs 
than to Jews.
    The Bedouin sector was the weakest of all the population groups in 
the country. Bedouin living in unrecognized villages had no way to 
obtain building permits. In May the Government destroyed 52 Bedouin 
homes, eliminating all the tents and temporary structures in the 
unrecognized village of al-'Araqib in the Negev, in which two Bedouin 
tribes were living. Many ministers publicly acknowledged the continuing 
disparities in government funding for the country's non-Jewish 
citizens. Following the demonstrations and disturbances in September 
and October 2000, the Government approved a $975 million (4 billion 
NIS) economic assistance plan for the country's Arab citizens to be 
phased in over 4 years. Most of the money included in the plan was 
allocated for education and new infrastructure development. Israeli 
Arab leaders and human rights groups criticized the plan because it was 
not based on a comprehensive survey of the economic and development 
needs of the country's Arab population and was considered inadequate to 
meet that population's needs. Critics also pointed out that only half 
of the total sum represented newly allocated money. The Government had 
still not implemented the plan by year's end.
    By law, the Israel Land Authority has 18-24 members; half of which 
represent organizations forbidden by statute to transfer land to non-
Jews. In 1999 the Government appointed the first Arab citizen to the 
board, and in 2001 the High Court of Justice ruled that the Government 
must appoint an additional Arab to the board. However, during the year, 
this had not been done. In March 2000, the High Court ruled on a 1995 
petition brought by an Arab citizen couple who were barred from buying 
a home in Katzir, a Jewish municipality that was built on state-owned 
land. The High Court ruled that the Government's use of the Jewish 
National Fund to develop public land was discriminatory, since the 
fund's bylaws prohibit the sale or lease of land to non-Jews. The High 
Court determined that its ruling in the case would not affect previous 
land allocations and that differentiating between Jews and non-Jews in 
land allocation might be acceptable under unspecified ``special 
circumstances.'' The municipality was instructed to develop and publish 
criteria for its decisions and a plan for implementation. By year's 
end, Israel Lands Authority had not fully implemented the ruling, and 
the Arab couple still had not been able to purchase a home in Katzir.
    Israeli Arab organizations have challenged publicly the 1996 
``Master Plan for the Northern Areas of Israel,'' which listed as 
priority goals increasing the Galilee's Jewish population and blocking 
the territorial contiguity of Arab villages and towns, on the grounds 
that it discriminates against Arab citizens; the Government continued 
to use this document for planning in the Galilee. At year's end, there 
were no discernible changes.
    Israeli Arabs were underrepresented in the student bodies and 
faculties of most universities and in higher level professional and 
business ranks. In 1999 Arabs constituted 8.7 percent of the students 
at major universities in the country. Well-educated Arabs often were 
unable to find jobs commensurate with their level of education. Arab 
citizens held fewer than 60 of the country's 5,000 university faculty 
positions. The Government stated that it was committed to granting 
equal and fair conditions to Israeli Arabs, particularly in the areas 
of education, housing, and employment. A small number of Israeli Arabs 
have risen to responsible positions in the civil service, generally in 
the Arab departments of government ministries. In 1994 a civil service 
commission began a 3-year affirmative action program to expand that 
number, but it has achieved only modest results. In 2000 only the 
Ministry of Health and Ministry of Religious Affairs had representation 
of more that 5 percent of Arabs in their workforce. The Ministries of 
Housing, Transportation, and Trade and Industry, all had representation 
of less than 1 percent of Arabs in their workforce. Arab composition in 
the remaining 15 ministries was approximately 5 percent. In October 
2000, the Knesset passed a bill requiring that minorities and 
underrepresented populations be granted ``appropriate representation'' 
in the civil service and on the boards of government corporations. The 
Government took steps toward implementing the law during the year, 
including setting aside civil service positions for Arab candidates and 
appointing more Israeli Arabs to corporate boards. For example, during 
the year, an Arab citizen was appointed to the board of Ben Gurion 
Airport.
    In practice few Israeli Arabs served in the military or worked in 
companies with defense contracts or in security-related fields. The 
Israeli Druze and Circassian communities were subject to the military 
draft and the overwhelming majority accepted service willingly. Some 
Bedouin and other Arab citizens who were not subject to the draft 
served voluntarily. Those who did not serve in the army had less access 
than other citizens to those social and economic benefits for which 
military service was a prerequisite or an advantage, such as housing, 
new-household subsidies, and government or security-related industrial 
employment. NGOs challenged in court a government plan to pay less 
social security child allowance benefits to families in which at least 
one parent did not serve in the IDF than to families in which at least 
one parent did. Until the court decides the case, the child benefits 
remain equal for all families, regardless of parents' IDF service.
    Israeli Arab groups alleged that many employers used the 
prerequisite of military service to avoid hiring non-Jews. For 
instance, in August 2001 the municipality of Tel Aviv advertised for 
parking lot attendants; ``military service'' was a prerequisite.
    There were approximately 130,000 Bedouin in the Negev; of this 
number approximately half lived in 7 state planned communities and the 
other half lived in 45 settlements that were not recognized by the 
Government. The recognized Bedouin villages receive basic services from 
the Government; however, they are among the poorest communities in the 
country. The unrecognized villages were declared illegal by the 
National Planning and Building Law of 1965 when the lands on which they 
sit were rezoned as nonresidential, and the Government claimed 
ownership of the land. According to the Government, recognizing these 
villages would conflict with its attempts to establish new villages in 
``an orderly manner, and would leave disputes over the land 
unresolved.'' Residents of the unrecognized villages paid taxes to the 
Government; however, their villages were not eligible for government 
services. Consequently, such villages were denied basic health, 
education, water, electricity, employment opportunities, and other 
services. In 34 villages, there was no school at all; under these 
circumstances, there was little incentive to stay in school. New 
building in the unrecognized villages was considered illegal and 
subject to demolition. Private efforts have supplied some unrecognized 
villages with water, and the courts have ordered the provision of 
limited health and education services. The Government has yet to 
fulfill its commitment to resolve the legal status of unrecognized Arab 
villages. Since 1994, 8 villages have been recognized officially, but 
nearly 100 more, of varying size and with a total population of nearly 
70,000 persons, remained illegal. Following a 1999 High Court decision, 
the Government agreed to begin a study to determine the infrastructure 
needed in each village, and that the implementation of plans made by a 
professional team of researchers would be discussed with villagers. A 
planning committee was required to submit a report regarding the 
progress of these plans to the Court in October. No projects related to 
the planning committee had begun by year's end.
    In February the Israel Lands Administration sprayed from the air 
chemical defoliant over 12,000 dunams (12 sq. km) of Bedouin wheat 
fields on the Negev that had been planted on unrecognized land. The 
Minister for National Infrastructure explained that the crops had been 
illegally planted on state-owned land and that he was acting to return 
the power of the Land Authority. The Ministry's action was widely 
criticized, both inside and outside the Government.
    There continued to be claims by Arab groups that land expropriation 
for public use affected the Arab community disproportionately; that 
Arabs have been allowed too little input in planning decisions that 
affect their schools and municipalities; that mosques and cemeteries 
belonging to the Islamic Waqf (religious endowment) have been neglected 
or expropriated unjustly for public use; and that successive 
governments have blocked the return to their homes of citizens 
displaced in the early years of the country's history. The Government 
has yet to agree with the pre-1948 residents of the northern villages 
of Bir Am and Ikrit, and their descendants, regarding their long-term 
demand to be allowed to rebuild their houses. In 1997 a special 
interministerial panel recommended that the Government allow the 
villagers to return to Bir Am and Ikrit. The High Court granted the 
Government several extensions for implementing the recommendation. In 
October 2001, after the expiration of the most recent extension, under 
instructions from the Sharon government, the State Prosecutor's Office 
submitted an affidavit to the High Court asking it to reject the 
villagers' appeal, stating that the Government had legally appropriated 
the land and that the precedent of returning displaced persons to their 
villages would be used for propaganda and political purposes by the 
Palestinian Authority. The Court's decision was pending at year's end.

Section 6. Worker Rights

    a. The Right of Association.--Citizen workers may join and 
establish labor organizations freely. Most unions belong to Histadrut 
(the General Federation of Labor in Israel) or to a much smaller rival 
federation, the Histadrut Haovdim Haleumit (National Federation of 
Labor). These organizations were independent of the Government. 
Histadrut members elected national and local officers and officials of 
its affiliated women's organization, Na'amat, from political party 
lists of those already in the union. Plant or enterprise committee 
members were elected individually. Approximately 650,000 workers were 
members of Histadrut, and much of the non-Histadrut work force was 
covered by Histadrut's collective bargaining agreements.
    Palestinians from the West Bank and Gaza Strip who worked in Israel 
were not able to join Israeli trade unions or organize their own unions 
in Israel. Palestinian trade unions in the occupied territories were 
not permitted to conduct activities in Israel (see Section 6.a. of the 
annex). However, nonresident workers in the organized sector were 
entitled to the protection of Histadrut work contracts and grievance 
procedures. They may join, vote for, and be elected to shop-level 
workers' committees if their numbers in individual establishments 
exceed a minimum threshold. Palestinian participation in such 
committees was minimal.
    Labor laws apply to Palestinians in East Jerusalem and to the 
Syrian Druze living on the Golan Heights.
    Unions were free to affiliate with international organizations.

    b. The Right to Organize and Bargain Collectively.--Citizen workers 
exercised their legal rights to organize and bargain collectively. 
While there was no law specifically prohibiting antiunion 
discrimination, the law against discrimination could be cited to 
contest discrimination based on union membership. No antiunion 
discrimination was reported.
    Nonresident workers could not organize their own unions or engage 
in collective bargaining, but they were entitled to be represented by 
the bargaining agent and protected by collective bargaining agreements. 
It was estimated that there were approximately 300,000 foreign workers 
in the country. They did not pay union dues, but were required to pay a 
1 percent agency fee in lieu of dues, which entitled them to union 
protection by Histadrut's collective bargaining agreements. The 
Ministry of Labor could extend collective bargaining agreements to 
nonunionized workplaces in the same industrial sector. The Ministry of 
Labor also oversaw personal contracts in the unorganized sectors of the 
economy.
    The right to strike was exercised regularly. Unions must provide 15 
days' notice prior to a strike unless otherwise specified in the 
collective bargaining agreement. However, unauthorized strikes 
occurred. Strike leaders--even those organizing illegal strikes--are 
protected by law. If essential public services are affected, the 
Government may appeal to labor courts for back-to-work orders while the 
parties continue negotiations. There were a number of strikes in both 
the public and private sectors during the year by employees protesting 
the effects of privatization. Worker dismissals and the terms of 
severance arrangements often were the central issues of dispute. During 
the year, there were major strikes of municipal workers on several 
occasions. The workers were protesting wage and benefit issues.
    There were no export processing zones.

    c. Prohibition of Forced or Bonded Labor.--The law prohibits forced 
or bonded labor, specifically including forced and bonded labor by 
children, and neither citizens nor nonresident Palestinians working in 
Israel generally were subject to this practice; however, civil rights 
groups charged that unscrupulous employers often took advantage of 
illegal workers' lack of status to hold them in conditions amounting to 
involuntary servitude (see Section 6.e.). The problem was notable 
concerning non-Palestinian illegal workers.
    Women were trafficked for the purpose of prostitution (see Section 
6.f.)

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Children who have attained the age of 15 years, and who 
fall under the compulsory education law (which applies to all children 
except those who have completed grade 10), may not be employed unless 
they work as apprentices under the Apprenticeship Law. Children who are 
14-years-old may be employed during official school holidays. 
Employment of those 16 to 18 years of age is restricted to ensure time 
for rest and education; and the Government enforced these restrictions 
in practice.
    There were no reliable data regarding illegal child workers. The 
small number of child workers reportedly was concentrated among the 
country's Arab population and its most recent Jewish immigrants. 
Illegal employment was found primarily in urban, light industry.
    Children's rights groups have called for more vigorous enforcement 
of child labor laws, combined with a parallel effort to deal with the 
causes of illegal child labor.

    e. Acceptable Conditions of Work.--In 2001 the minimum wage was 
raised to 47.5 percent of the average wage. The minimum wage was 
calculated periodically and adjusted for cost of living increases. At 
year's end, the minimum wage was approximately $760 (3,266 NIS) per 
month. The minimum wage often was supplemented by special allowances 
and generally was sufficient to provide a worker and family with a 
decent standard of living. Union officials expressed concern over 
enforcement of minimum wage regulations, particularly with respect to 
employers of illegal nonresident workers, who sometimes paid less than 
the minimum wage.
    By law the maximum hours of work at regular pay are 47 hours a 
week, 8 hours per day, and 7 hours on the day before the weekly rest, 
which must be at least 36 consecutive hours and include the Sabbath.
    Employers must receive a government permit to hire nonresident 
workers from the occupied territories, certifying that no citizen is 
available for the job. All Palestinians from the occupied territories 
were employed on a daily basis and, unless they were employed on shift 
work, were not authorized to spend the night in Israel. Palestinians 
without valid work permits were subject to arrest. Due to security 
concerns, the Government stopped issuing almost all permits for 
Palestinian workers following the outbreak of violence in 2000.
    Nonresident workers were paid through the employment service of the 
Ministry of Labor, which disbursed wages and benefits collected from 
employers. The Ministry deducted a 1 percent union fee and the workers' 
required contributions to the National Insurance Institute (NII), the 
agency that administered the Israeli social security system, 
unemployment benefits, and other benefits. Despite these deductions, 
Palestinian workers were not eligible for all NII benefits. They 
continued to be insured for injuries suffered while working in the 
country, maternity leave, as well as the bankruptcy of a worker's 
employer. However, they did not have access to unemployment insurance, 
general disability payments, or low-income supplements. Since 1993 the 
Government has agreed to transfer the NII fees collected from 
Palestinian workers to the Palestinian Authority, which is to assume 
responsibility for all the pensions and social benefits of Palestinians 
working in Israel. Mechanisms for providing these services in the PA 
controlled territories, as well as mechanisms for transferring the 
funds, have not been established. At year's end, the funds were not 
transferred and were held in a trust.
    Following the outbreak of violence in 2000, the Government 
implemented a closure policy, which prevented nearly all Palestinians 
from getting to their places of employment in Israel (see Section 
2.d.).
    Along with union representatives, the Labor Inspection Service 
enforced labor, health, and safety standards in the workplace, although 
resource constraints, such as adequate staffing, affected overall 
enforcement. Legislation protects the employment rights of safety 
delegates elected or appointed by the workers. In cooperation with 
management, these delegates were responsible for safety and health in 
the workplace.
    Workers did not have the legal right to remove themselves from 
dangerous work situations without jeopardy to continued employment. 
However, collective bargaining agreements provided some workers with 
recourse through the work site labor committee. Any worker may 
challenge unsafe work practices through government oversight and legal 
agencies.
    Public debate continued regarding the role in the workplace and 
society of non-Palestinian foreign workers, who were estimated to 
number at least 300,000, about half of whom were undocumented and 
employed illegally. The majority of such workers came from Eastern 
Europe and Southeast Asia, and worked in the construction and 
agricultural sectors. The law does not allow foreign workers the 
ability to obtain citizenship or permanent residence status, unless 
they are Jewish, in which case they would qualify under the laws which 
allow for Jewish persons to immigrate. As a result, foreign workers and 
their families, especially those who entered the country illegally, 
experienced uncertainty in addressing legal and social problems, 
including exploitation or abuse in the workplace.
    There have been growing allegations that foreign workers were being 
lured to Israel with the promise of jobs that in fact did not exist. 
Many foreign workers paid up to $10,000 to work in Israel. Work visas 
were tied to specific jobs, and quotas to bring in foreign workers were 
assigned by the Government to employers. Technically, it is illegal for 
manpower companies who provide the workers to the employers, to receive 
payments from the worker, but NGOs and news articles alleged that the 
companies made thousands of dollars from each worker brought into the 
country, usually as a payment from the foreign partner. According to 
NGOs, there have been a significant number of cases where workers have 
been dismissed shortly after arriving in Israel. These NGOs alleged 
that the manpower companies worked with deportation authorities to 
deport the newly arrived workers, who were then replaced with new 
workers, earning the manpower companies more fees. NGOs argued that 
most workers expected to work for some time in Israel to recoup their 
initial payments; often they sought illegal employment for fear of 
returning home with large debts. According to NGOs, there have been 
cases where workers have killed themselves rather than face this 
prospect.
    Illegal foreign workers facing deportation were brought before a 
special court established to deal with issues related to deportation, 
and workers may contest the deportations. Many workers lacked fluency 
in Hebrew, which hindered the process. NGOs existed to aid workers 
facing deportations, and there have been cases in which the worker's 
status was reinstated. The court also provided a forum where deportable 
workers can claim that they were not paid or given benefits according 
to the law. In some cases, the court delayed deportation until all 
claims, including severance, were paid. However, some NGOs suggested 
that illegal workers often lived in situations amounting to involuntary 
servitude, due primarily to their tenuous legal status. NGOs noted 
several cases in which foreign workers were injured by the police 
during arrest. In some cases, these NGOs claimed, the workers were so 
seriously injured that they were not ultimately detained, due to the 
potential cost of care for their injuries. At least one foreign worker 
killed himself while in detention, and NGOs claimed that detention 
facilities did not meet minimum standards.
    During the year there were attempts to include foreign workers 
within the national trade union Histadrut. News articles and some 
advocates stated that the union was interested only in collecting dues 
and had not acted to protect key union members who were singled out for 
deportation. The editor of the foreign worker newspaper Manila-Tel Aviv 
Times was deported shortly after giving interviews to other 
publications on the subject of foreign worker rights under the law; 
foreign worker advocates claimed the deportation was politically 
motivated. Human rights groups claimed that since foreign worker 
residency permits were tied to specific employment, even legal foreign 
workers had little leverage to influence their work conditions.

    f. Trafficking in Persons.--The law prohibits trafficking in women 
for the purpose of prostitution; however, it remained a serious 
problem. The penal code stipulates that it is a criminal offense, 
punishable to between 5 and 7 years imprisonment, to force or coerce a 
person to engage in prostitution. The penal code also makes it a 
criminal offense to induce a woman to leave the country with the intent 
to ``practice prostitution abroad.'' In 2000 the Knesset passed the 
Equality of Women Law (see Section 5), which stipulates that every 
woman is entitled to protection from violence, sexual harassment, 
sexual exploitation, and trafficking. In June 2000, the Government 
enacted a law that prohibits the trafficking of persons for the purpose 
of prostitution. The operation of brothels and ``organized sex 
enterprises'' is outlawed, as are many of the abuses committed by 
traffickers and pimps, such as assault, rape, abduction, and false 
imprisonment. During the year, the Government reported that it 
increasingly pursued legal action against traffickers.
    Women were trafficked primarily from the former Soviet Union, 
including Moldova, Russia, and Ukraine. According to Amnesty 
International (AI), every year hundreds of women from the former Soviet 
Union were brought to the country by well-organized criminal networks 
and forced, often through violence and threats, to work illegally as 
prostitutes. According to some local NGOs, several hundred women were 
trafficked into the country annually. NGOs reported that the number of 
trafficked women entering the country fell from previous years because 
of increased security at Ben Gurion airport, but women still were being 
trafficked across the Egyptian border.
    Activists estimated that there may be several hundred prostitutes 
among the nation's children (see Section 5).
    Traffickers reportedly often lured women into traveling to the 
country by offering them jobs in the service industry. In many cases, 
traffickers met women at the border and confiscated all their official 
documents. Many trafficked women were forced to live and work under 
extremely harsh conditions and to give most of the money they earned to 
their traffickers. The women reportedly often were raped and beaten, 
then auctioned to pimps who repeated the procedure. If the women 
escaped from their traffickers, they were often afraid to report their 
situations to the police because the traffickers threatened to hunt 
them down and hurt them. According to press reports, it was common for 
trafficked women to be told that they must repay the costs of their 
travel to the country through servicing up to 25 clients a day. They 
were paid little or no money for this work and once the debt had been 
repaid, they were auctioned again.
    In previous years, some victims accused individual police officers 
of complicity with brothel owners and traffickers and the Government 
worked to review these cases. However, during the year, the Government 
stated that although there were no specific allegations of police 
involvement in trafficking, there were several allegations that some 
police officers were involved in ``trafficking-related activity,'' such 
as warning brothel owners before police raids.
    During the year, the Government opened 67 files for trafficking and 
related crimes; most files dealt with multiple victims and suspects; 
the files specifically included trafficking as a charge. A total of 138 
persons were detained for trafficking related crimes during the year; 
92 persons were arrested and 55 detained until the beginning of legal 
proceedings. The Government convicted 33 persons and delivered 
sentences. In 28 cases, the Government settled by plea bargaining with 
the defendants.
    Police often detained trafficked women following raids on brothels; 
the number of such raids increased during the year. The Ministry of 
Interior has broad powers to deport illegal aliens and to hold them in 
detention pending deportation. According to the Ministry of Public 
Security, through September, the Government deported 264 victims of 
trafficking, not all of whom were prostitutes who had been living 
illegally in the country.
    Authorities generally kept trafficked women who were arrested in a 
special section of a women's prison and then deported them. Trafficked 
women often did not challenge a deportation order because they did not 
speak the language or were unaware of the appeals procedure. The 
Government transferred women who testified against their traffickers to 
a hotel or hostel and provided them funds on which to live. Many women 
were reluctant or afraid to testify in trials due to threats and 
intimidation by their traffickers. The country has no witness 
protection program or close and effective links with primary supply 
countries, such as Moldova. Trafficked women could not apply for legal 
status to remain as refugees or protected persons unless they were 
Jewish and filed under the Law of Return. NGO reports and witness 
testimony indicated that the Government did not attempt to determine 
whether or not a trafficked woman or girl would be at risk of abuse if 
she were deported to her country of origin, even in cases in which the 
woman or girl had testified in criminal proceedings.
    The Government provided limited funding to NGOs for assistance to 
victims. In November the Government finalized a plan to make a shelter 
available for trafficked women. The Government provided legal 
representation to some trafficked women. The Government acknowledged 
the need to educate trafficked women regarding where to go for help and 
was developing such programs, but had not finalized any plans for or 
begun such education programs by year's end.

 THE OCCUPIED TERRITORIES (INCLUDING AREAS SUBJECT TO THE JURISDICTION 
                     OF THE PALESTINIAN AUTHORITY)

    Israel occupied the West Bank, Gaza Strip, Golan Heights, and East 
Jerusalem during the 1967 War. Following the Madrid peace conference in 
1992, Israel and the Palestinians entered into negotiations and in 
1993, signed the Oslo Accords which established a framework for 
negotiating transitional and final status arrangements. Pursuant to the 
May 1994 Gaza-Jericho Agreement and the September 1995 Interim 
Agreement, Israel transferred most responsibilities for civil 
government in the Gaza Strip and parts of the West Bank to the newly 
created Palestinian Authority (PA). Israel retained responsibility for 
external security; foreign relations; the overall security of Israelis, 
including public order in the Israeli settlements; and certain other 
matters. (This annex on the occupied territories should be read in 
conjunction with the report on Israel).
    The 1995 Interim Agreement divided the territories into Areas A, B, 
and C, denoting differing levels of Palestinian and Israeli control. 
Israel was assigned control of certain civil functions and was 
responsible for all security in portions of the occupied territories 
categorized as Area C. Israel and the PA were assigned varying degrees 
of control and jurisdiction over the Gaza Strip and the West Bank. 
Since then, Israel and the PA have administered the West Bank and Gaza 
Strip to varying extents. However, the distinctions made under the 
Interim Agreements were no longer in force following Israel's military 
incursions into most PA-controlled areas, which Israel carried out 
citing the Authority's failure to abide by its security 
responsibilities.
    The ``Intifada,'' or Palestinian uprising, began in September 2000. 
Its causes are complex and remain highly controversial between the 
parties. Since 2000 the security situation has deteriorated both within 
Israel and within the Occupied Territories. Israeli and Palestinian 
violence associated with the Intifada has claimed 1,782 Palestinian 
lives, 649 Israeli lives, and the lives of 41 foreign nationals. During 
the past year, the scale and nature of the violence changed and clashes 
have continued daily. The conflict was marked by increased Israeli 
military operations and armed attacks and terrorism by Palestinians 
against Israeli targets--including civilians within Israel, settlers, 
and soldiers in the occupied territories and Israel. The attacks also 
included suicide bombings, roadside bombings, shooting at Israeli 
vehicles and military installations, firing of antitank missiles and 
mortars, and use of hand grenades. Israel Defense Forces (IDF) military 
actions against Palestinians included violence and abuse at 
checkpoints, incursions into Palestinian-controlled towns and villages, 
targeted killings, firing toward civilian areas with tanks and fighter 
aircraft, and intense gun battles with Palestinian shooters. Many 
observers characterized such actions as punitive. By year's end, Israel 
reasserted military control, which placed all major West Bank cities 
except Jericho under IDF control, demolished the homes of suicide 
bombers and wanted men, conducted mass arrests, and transferred some 
suspects.
    In the West Bank, Area C included the Israeli settlements, 
constituted more than 61 percent of the land, and approximately 4 
percent of the total West Bank Palestinian population. In Gaza more 
than 12 percent of the land was designated as Area C equivalent, and 
included the Israeli settlements. In areas designated as Area B, the PA 
was assigned jurisdiction over civil affairs and shared security 
responsibilities with Israel. Approximately 21 percent of West Bank 
land was Area B, and approximately 41 percent of the West Bank 
Palestinian population resided there. The Area B equivalent in Gaza 
constituted almost 19 percent of the land. The PA had control over 
civil affairs and security in Area A. The West Bank Area A constituted 
nearly 18 percent of the land, and included roughly 55 percent of the 
West Bank Palestinian population. The Gaza Area A equivalent 
constituted approximately 69 percent of the land.
    In parts of the West Bank and Gaza, Israel exercised civil 
authority through the Israeli Ministry of Defense's Office of 
Coordination and Liaison, known by the Hebrew acronym MATAK. The 
approximately 208,000 Israeli settlers (an increase of 33,000 since 
2001) living in Area C of the West Bank and in the Gaza Strip were 
subject to Israeli law and, as citizens, received preferential 
treatment from Israeli authorities compared to Palestinians in the 
protection of their personal and property rights. The body of law 
governing Palestinians in the occupied territories derived from 
Ottoman, British Mandate, Jordanian, and Egyptian law, and Israeli 
military orders. Certain laws and regulations promulgated by the PA 
also were in force. The international community considered Israel's 
authority in the occupied territories to be subject to the Hague 
Regulations of 1907 and the 1949 Geneva Convention relating to the 
Protection of Civilians in Time of War. The Israeli government 
considered the Hague Regulations applicable and maintained that it 
largely observed the Geneva Convention's humanitarian provisions.
    In January 1996, Palestinians chose their first popularly elected 
government in democratic elections that generally were free and fair; 
the 88-member Palestinian Legislative Council (PLC) and the Chairman of 
the Executive Authority were then elected. The PA has a cabinet of 19 
ministers; however, Chairman Yasir Arafat controls the affairs of 
government and makes all major decisions. Most senior government 
positions in the PA are held by individuals who are members of, or 
loyal to, Arafat's Fatah faction of the Palestinian Liberation 
Organization (PLO). Prior to the Intifada, the PLC met regularly to 
discuss issues significant to the Palestinians; however, it did not 
have significant influence on policy or the behavior of the executive. 
In late 2001, Arafat invoked a state of emergency that granted him 
broader powers to make arrests, prohibit demonstrations, and take 
action against political opponents.
    On May 14, Arafat signed the long-pending Independence of the 
Judiciary Law and on May 29 the PA Basic Law, which defined the 
authorities of the three governmental branches and prescribed direct 
election of a president accountable to a cabinet and to the elected 
PLC. Neither law was implemented fully, and at year's end the 
respective roles of the Ministry of Justice and the High Judicial 
Council in court operations were still unclear (see Section 1.e.). West 
Bank courts applied laws passed by the Legislative Council and pre-1967 
Jordanian law. In recent years, the PA made little progress in efforts 
to unify the Gaza and West Bank legal codes. Gaza law for subjects not 
covered by unified legislation included elements from Ottoman law, 
British Mandate law, Egyptian law, and Israeli military orders. The PA 
courts were perceived as inefficient, and the PA executive and security 
services frequently ignored or failed to carry out court decisions.
    Israeli security forces in the West Bank and Gaza Strip consisted 
of the IDF, the Israel Security Agency (the ISA-formerly the General 
Security Service, or GSS, and also known as Shin Bet, or Shabak), the 
Israeli National Police (INP), and the paramilitary border police. 
Israeli military courts tried Palestinians accused of committing acts 
of violence and terror in Israeli-controlled areas. Members of the 
Israeli security forces committed numerous, serious human rights 
abuses.
    The Palestinian Police Force (PPF) was established in May 1994 and 
included the Palestinian Public Security Force, the Palestinian Civil 
Police, the Preventive Security Force (PSF), the General Intelligence 
Service, or Mukhabarat, the Palestinian Presidential Security Force, 
and the Palestinian Coastal Police. Other quasi-military security 
organizations, such as the Military Intelligence organization, also 
exercised de facto law enforcement powers. Palestinian police were 
responsible for security and law enforcement for Palestinians and other 
non-Israelis in PA-controlled areas of the West Bank and Gaza Strip. 
Israeli settlers in the occupied territories were not subject to PA 
security force jurisdiction. Members of the PA security forces 
committed numerous, serious human rights abuses.
    The occupied territories were composed of the Gaza Strip, the West 
Bank, and East Jerusalem. The population of the Gaza Strip was 
approximately 1,225,911, not including some 7,000 Israeli settlers. The 
population of the West Bank (excluding East Jerusalem) was 
approximately 2,163,667 not including some 182,000 Israeli settlers. 
The population of East Jerusalem, within the municipal boundaries 
established by Israel in 1967 was approximately 385,600, including 
174,000 Israeli settlers.
    The economy of the West Bank and Gaza Strip is small, poorly 
developed, highly dependent on Israel, and was impacted severely by 
Israeli curfews and closures, as well as the continuing conflict. The 
economy relied primarily on agriculture, services, and, to a lesser 
extent, small manufacturing. Before the beginning of the Intifada, 
approximately 125,000 workers from the West Bank and Gaza 
(approximately 22 percent of the Palestinian work force) were employed 
in Israel. During heightened terrorist activity in Israel or periods of 
unrest in the West Bank or Gaza, Israeli-imposed closures on 
Palestinian cities, curfews, and strict limitations on movement within 
the West Bank and Gaza impeded Palestinians from reaching jobs or 
markets and disrupted internal and external trade. In addition the IDF 
and settlers destroyed sections of Palestinian-owned agricultural land 
and economic infrastructure. The Government of Israel stated that some 
of these actions, such as the destruction of groves alongside roadways 
and security fences by the IDF, were necessary for security reasons. 
Some human rights groups stated that these actions exceeded what was 
required for security. Unemployment in the West Bank and Gaza was 
estimated at 44 percent by year's end, up from 23 percent the previous 
year. Approximately 66.5 percent of Palestinian households were living 
below the poverty line (57.8 percent of families in the West Bank and 
84.6 percent of families in Gaza), which was significantly higher than 
in previous years.
    Israel requires Palestinians to obtain Israeli permits for 
themselves and their vehicles to cross from the West Bank or Gaza into 
Israel and Jerusalem. Citing security concerns, Israel applied partial 
``external closure,'' or enhanced restrictions, on the movement of 
persons and products, often for lengthy periods. During times of 
violent protest in the West Bank or Gaza, or when it believed that 
there was an increased likelihood of such unrest or of terrorist 
attacks in Israel, Israel imposes a tightened, comprehensive version of 
external closure, generally referred to as total external closure. 
Total external closures also are instituted regularly during major 
Israeli holidays and during some Muslim holidays. During such closures, 
Israel prevents Palestinians from entering Israel or Jerusalem. Israel 
imposed total external closure on the West Bank for the entire year, 
compared with 210 days of total external closure in 2001 and 88 days in 
2000.
    Israel also placed Palestinians in the West Bank under strict 
``internal closure'' for the entire year, allowing only Palestinians 
with special permits for work or health services to leave cities and 
pass through checkpoints on main roads. Most Palestinians were unable 
to leave their towns or forced to travel without authorization on 
secondary roads.
    Israeli forces further restricted freedom of movement of 
Palestinians by imposing extended curfews on Palestinian towns or 
neighborhoods. These curfews did not apply to Israeli settlers in the 
same areas.
    Israel's overall human rights record in the occupied territories 
remained poor and worsened in several areas as it continued to commit 
serious human rights abuses. Security forces killed at least 990 
Palestinians and 2 foreign nationals and injured 4,382 Palestinians and 
other persons during the year, some of whom were innocent bystanders. 
Israeli security forces targeted and killed at least 37 Palestinian 
terror suspects. Israeli forces undertook some of these targeted 
killings in areas where civilian casualties were likely, killing 25 
bystanders, including 13 children. The Israeli government said that it 
made every effort to reduce civilian casualties during these 
operations.
    Israeli security units used excessive force during Palestinian 
demonstrations, while on patrol, pursuing suspects, and enforcing 
checkpoints and curfews, which resulted in many deaths. IDF forces also 
shelled, bombed, and raided Palestinian civilian areas in response to 
Palestinian attacks on Israeli targets. Israeli soldiers placed 
Palestinian civilians in danger by ordering them to facilitate military 
operations, which exposed them to live fire between armed Palestinians 
and Israeli soldiers. The Israeli government said that it has 
reiterated to its forces that this practice is absolutely prohibited 
unless the civilian gives his voluntary consent. Israeli forces 
sometimes arbitrarily destroyed or looted Palestinian property during 
these operations. Israeli security forces often impeded the provision 
of medical assistance to Palestinian civilians by strict enforcement of 
internal closures, alleging in some cases that emergency vehicles have 
been used to facilitate terrorist transit and operations. Israeli 
security forces harassed and abused Palestinian pedestrians and drivers 
who attempted to pass through the approximately 430 Israeli-controlled 
checkpoints in the occupied territories. Israel conducted mass, 
arbitrary arrests in the West Bank during military operations, 
summoning and detaining males between the ages of 15 to 45. Israel 
provided poor conditions for Palestinians in its prisons. Facilities 
were overcrowded, sanitation was poor, and food and clothing at times 
were insufficient. Israeli security forces tortured detainees, 
including using methods prohibited in a 1999 High Court decision; 
police officers also beat detainees. During the year, two Palestinian 
prisoners died under ambiguous circumstances after Israeli forces took 
them into custody. Prolonged detention, limits on due process, and 
infringements on privacy rights remained problems.
    Israel carried out policies of demolitions, strict curfews, and 
closures that directly punished innocent civilians. Israel 
intentionally punished innocent Palestinians by demolishing the homes 
of families and relatives of suspected terrorists. Israel's demolitions 
left hundreds of Palestinians not involved in terror attacks homeless. 
Some of the suspects had already been killed or arrested. The IDF 
destroyed numerous orchards, olive and date groves, and irrigation 
systems on Palestinian-controlled agricultural land. Israel censored 
Palestinian publications in East Jerusalem, attacked and closed media 
outlets in the territories, blocked publications and broadcasts, and 
periodically detained or harassed members of the media. Three 
journalists covering clashes between Palestinians and Israeli security 
forces, including some who clearly were identified as non-combatants, 
were killed by IDF fire and at least five others were injured. The 
Israeli authorities placed strict limits on freedom of assembly, and 
severely restricted freedom of movement for Palestinians. Israeli 
security forces failed to prevent Israelis from entering Palestinian-
controlled areas in the West Bank who injured or killed several 
Palestinians. In some cases, Israeli soldiers escorted Israeli 
civilians who beat Palestinians and damaged Palestinian property.
    The PA's overall human rights record remained poor, and it 
continued to commit numerous, serious abuses. Many members of 
Palestinian security services and the Fatah faction of the PLO 
participated with civilians and terrorist groups in violent attacks 
against Israeli settlers, other civilians, and soldiers. The PLO and PA 
have not complied with most of their commitments to Israel, notably 
those relating to the renunciation of violence and terrorism, taking 
responsibility for all PLO elements, and disciplining violators. 
Although there was no conclusive evidence that the most senior PLO or 
PA leadership gave prior approval for these acts, some leaders endorsed 
such acts in principle in speeches and interviews. For example, PA 
Minister of Interior Hani al-Hassan several months ago made comments 
affirming the legitimacy of attacks on soldiers and settlers in the 
territories. On a number of occasions, Arafat called on Palestinians 
not to attack civilians and ordered a complete cease-fire, but he took 
no action to that effect. PA and PLO officials often condemned attacks 
against Israeli civilians, but failed consistently to condemn attacks 
on settlers and soldiers in the occupied territories. PA security 
forces arrested some of those implicated in the violence, but most were 
quickly released or not kept under credible conditions of arrest.
    Palestinian security forces used excessive force against 
Palestinians during demonstrations. The PA was responsible for the 
death of seven Palestinians who were in its custody. The PA had 
arrested six of the victims on charges of collaboration with Israel, 
and vigilantes subsequently killed them. The PA security services 
either failed to protect the prisoners from attack or actively turned 
them over to their killers. PA security officials tortured and abused 
prisoners. Such torture and abuse reportedly was widespread. PA 
security forces arbitrarily arrested and detained persons, and 
prolonged detention remained a problem. The PA provided poor conditions 
for prisoners. PA courts--particularly PA security courts--were 
inefficient and failed to ensure fair and expeditious trials. The 
imposition by Israel of internal closure in the occupied territories 
during the year obstructed courts from holding sessions or issuing 
rulings during most of the year. The PA executive and security services 
frequently ignored or failed to enforce court decisions. PA security 
forces infringed on citizens' rights to privacy and restricted freedom 
of speech and the press. Palestinian groups harassed and abused 
journalists. Such restrictions and harassment contributed to the 
practice of self-censorship by many Palestinian commentators, 
reporters, and critics. During the year, informal reports of domestic 
abuse of women increased, and ``honor crimes'' persisted. Societal 
discrimination against women and persons with disabilities and child 
labor remained problems.
    Israeli civilians, especially settlers, harassed, attacked, and 
occasionally killed Palestinians in the occupied territories. During 
the year, settlers attacked and killed at least five Palestinians. 
Settlers also caused significant economic damage to Palestinians by 
attacking and damaging greenhouses and agricultural equipment, 
uprooting olive trees, and damaging other valuable crops. The settlers 
did not act under government directive in the attacks, and Israeli 
soldiers sometimes restrained them, but in several cases Israeli 
soldiers accompanied them or stood by without acting. The Government of 
Israel stated that 80 Israeli settlers were indicted for acts of 
violence against Palestinians. However, in general, settlers rarely 
served prison sentences if convicted of a crime against a Palestinian.
    Palestinian civilians were responsible for the deaths of 154 
Israelis killed in the occupied territories. Palestinians targeted 
Israelis in drive-by shootings and ambushes, suicide and other 
bombings, mortar attacks, and armed attacks on settlements and military 
bases. Palestinian militant groups used minors to prepare attacks or 
carry them out, exploitation that amounted to forced conscription. 
During the year, Palestinians acting individually or in groups, 
including off-duty members of the PA security services, killed 74 
Israeli civilians, 82 Israeli security personnel, and 3 foreign 
nationals in the occupied territories. Most of the attacks were 
organized by a number of Palestinian terrorist groups, including the 
militant Islamic Resistance Movement (HAMAS), the Palestine Islamic 
Jihad (PIJ), the Popular Front for the Liberation of Palestine (PFLP), 
and the al-Aqsa Martyrs' Brigades. The Democratic Front for the 
Liberation of Palestine (DFLP) and Fatah affiliated groups also 
participated in the attacks. Palestinian civilians also killed at least 
35 Palestinians in the occupied territories who allegedly had 
collaborated with Israel. Most of the deaths were shootings perpetrated 
by small groups of unidentified Palestinian gunmen. The PA conducted no 
investigations and made no arrests in any of these killings.

                        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, the 
number of deaths due to political violence associated with the Intifada 
remained extremely high in the occupied territories. Israeli security 
forces killed at least 990 Palestinians in the West Bank and Gaza, of 
whom 132 were members of PA security forces and 2 were foreign 
nationals. Israeli civilians, mostly settlers, as well as extremist 
groups believed to be associated with settlers, killed at least five 
Palestinians. Palestinian militants and civilians killed an estimated 
189 Israeli civilians and security personnel in the occupied 
territories. Palestinian civilians killed at least 35 Palestinians 
suspected of spying for the Israeli government (see Sections 1.c. and 
1.g.).
    Most Palestinians killed by Israeli security forces were killed 
during armed clashes, targeted killings, incursions into Palestinian-
controlled areas, at checkpoints, or as a result of sometimes excessive 
or indiscriminate fire toward Palestinian civilian areas. During these 
incidents, Palestinian protesters frequently threw stones and Molotov 
cocktails, and in some cases, also fired weapons at IDF soldiers (see 
Sections 1.c. and 1.d.). Israeli security forces used a variety of 
means to disperse protesters, including tear gas, rubber-coated metal 
bullets, and live ammunition. The IDF generally did not investigate the 
actions of security force members who killed and injured Palestinians 
under suspicious circumstances. Since the start of the Intifada, the 
IDF has opened only 30 investigations into the improper use of deadly 
force despite the fact that human rights organizations have raised 
numerous allegations.
    Israeli security forces used excessive force against protesters, in 
response to perceived threats while on patrols, in pursuing fleeing 
suspects, and in responding to trespassers in restricted areas, at 
times resulting in death. For example, on September 30, IDF soldiers 
shot and killed a 10-year old Palestinian boy in the Balata Refugee 
Camp in Nablus. The boy was among a group of youths who were throwing 
rocks at Israeli soldiers. The use of lethal force against a rock-
thrower, in this instance and in many others like it, was excessive. 
IDF statistics state that no Israeli soldier has ever been killed by 
rock throwing.
    On May 5, the IDF killed a mother and her two young children in 
Jenin, while they were picking grape leaves in the area. Soldiers in an 
approaching tank heard a loud sound and opened fire, killing the woman 
and her children. The IDF initially claimed the tank had run over a 
mine, but later acknowledged that the tank's track had simply 
disconnected. While the IDF expressed regret for the deaths, it 
maintained that the soldiers acted according to regulations.
    IDF soldiers shot and killed suspects who were avoiding arrest but 
not threatening their lives. For example, on November 27, the IDF 
undertook a military incursion into the Askar Refugee Camp in Nablus in 
the early morning and shot and killed a fleeing man, who walked the 
streets of the camp in the morning to awaken people for prayers. He was 
discovered later to have been a frightened civilian not wanted by the 
IDF.
    IDF soldiers fired without warning on trespassers in restricted 
areas, on several occasions killing Palestinians who posed no threat. 
For example, on the night of December 12, Israeli soldiers in a tank 
fired on and killed five men spotted near the fence dividing Israel and 
the Gaza Strip. When an IDF patrol went to investigate the scene the 
following day, it discovered that the five men were unarmed Palestinian 
workers from a single family who apparently were seeking to enter 
Israel to find jobs.
    The IDF rules of engagement authorize soldiers to use deadly fire 
in cases of self defense, in defense of others facing an imminent 
threat to life, during procedures for apprehending suspected 
terrorists, and in extreme cases when dispersing rioters. The IDF 
stated that its rules of engagement on the use of live fire are fully 
consistent with international laws of armed conflict.
    During the year the IDF targeted for killing at least 37 
Palestinians. In the process, IDF forces killed at least 25 bystanders, 
relatives, or associates of those targeted and injured a number of 
others, although the Israeli security forces state that in planning 
operations, they make every effort to reduce civilian casualties. 
According to the IDF, the targeted persons were individuals whom the 
IDF believed were terrorists and had recently attacked or had been 
planning future attacks against Israeli civilians, settlements, or 
military targets. The IDF stated that it targeted persons only with the 
authorization of senior political leaders. The Government of Israel 
stated that such actions were exceptional self-defense measures taken 
only against those engaged in hostilities against Israeli citizens and 
were justified by its obligation to protect its citizens against 
terrorism and consistent with its right to self defense.
    Israeli security forces put large numbers of civilian lives in 
jeopardy by undertaking targeted killings in crowded areas where 
civilian casualties were likely. This occurred despite statements that 
it had aborted operations against known terrorists when it became clear 
that they might endanger innocent civilians. For example, on July 23, 
Israel fired a missile at a civilian apartment building in a densely 
populated area of Gaza City in order to kill HAMAS military wing leader 
Salah Shahada. Israeli forces killed 14 other Palestinians in the 
effort, including 9 children. The Government of Israel publicly 
apologized for the incident.
    Israeli security personnel used excessive force while manning 
checkpoints, killing a number of Palestinians (see Section 1.g.). On 
December 3, an IDF soldier shot and killed a 95-year-old Palestinian 
woman riding in a taxi on a Ramallah road that the army claimed was 
forbidden to Palestinian vehicles. An IDF inquiry into the case 
established that the shots were fired without justification, because 
the taxi did not pose a lethal threat to the soldiers. The soldier 
faced possible criminal charges.
    Israel put civilian lives in jeopardy by using imprecise, heavy 
weaponry in operations against terrorist infrastructure conducted in 
civilian areas, in contravention of their own rules of engagement. 
Frequently, and often following shooting attacks, many of which were 
nonlethal, in the direction of Israeli settlements and military 
positions, the IDF retaliated against Palestinian towns and cities in 
the West Bank and Gaza. Israeli forces fired tank shells, heavy 
machine-gun rounds, and rockets from helicopters and F-16s at targets 
in residential and business neighborhoods located near the sites from 
which the Palestinian gunfire was believed to have originated. For 
example, on October 17 an unidentified Palestinian located in the Rafah 
refugee camp area fired an antitank shell at an IDF construction crew. 
Israeli forces responded by firing tank shells into the refugee camp, 
killing seven Palestinians including two women and two children. The 
shells also injured 35 other Palestinians.
    Numerous civilians were killed by Israeli security forces during 
military incursions into Palestinian-controlled (Area A) cities and 
towns. Such incursions usually were conducted in response to 
Palestinian suicide bombings, shooting attacks that had killed Israeli 
civilians, settlers, or soldiers, or to make arrests. Israeli security 
forces also conducted military incursions on the basis of intelligence 
information about possible future attacks. Palestinians often resisted 
with gunfire and by booby-trapping civilian homes and apartment 
buildings. The military incursions into these areas varied in length 
from a few hours to several months. As part of such actions, the IDF 
usually leveled and raided buildings, including homes. The Government 
of Israel stated that such actions were intended to widen a security 
strip area adjacent to Israeli-controlled territory to or clear access 
for Israeli forces.
    On April 3, Israeli security forces launched an incursion into the 
Jenin refugee camp, home to approximately 14,000 Palestinian civilians. 
The Government of Israel stated that the incursion was intended to 
attack Palestinian terrorists who had taken refuge in the camp and were 
responsible for suicide bombings and other attacks that had killed more 
than 70 Israelis since March. Israeli forces destroyed approximately 
140 homes and made 200 others structurally unsound during the 
operation, leaving approximately 4,000 camp residents homeless. Israeli 
forces killed 52 Palestinians in the operation, including 22 unarmed 
civilians who were killed inadvertently during the operation. The 
Israeli government stated that it made every effort to reduce civilian 
casualties, including by not using heavy weaponry or airpower. 
Palestinian gunmen killed 14 Israeli soldiers during the operation.
    Israeli forces used excessive force to enforce curfews in 
reoccupied Palestinian areas, resulting in the deaths of at least 15 
civilians, 12 of them children under the age of 16. For example, on 
October 11 Israeli border police enforcing a curfew in Nablus fired on 
a family sitting on its balcony, killing the mother and injuring her 
husband and son. Israel said it was investigating the killing, but no 
results were forthcoming at year's end.
    Israeli security forces manning checkpoints often impeded the 
provision of medical assistance to sick and injured Palestinians, 
contributing to the deaths of at least 14 Palestinians (see Section 
1.g.).
    During the year, Israeli forces were responsible for the death in 
custody of at least one Palestinian. On March 31, IDF soldiers detained 
Murad 'Awaisa, a 17-year-old Palestinian, and several other 
Palestinians in an apartment building in Ramallah. IDF soldiers beat 
'Awaisa and forcibly removed him from the room where he was imprisoned. 
Other detainees reported intense gunfire inside and outside the 
building and that the soldiers later told them that 'Awaisa had died. 
Inspection by the Palestinian physician who took 'Awaisa's body to the 
hospital and quick burial revealed two bullet wounds. The IDF said it 
would investigate the death. No results were forthcoming by year's end.
    Israel forces may have beaten and killed one other Palestinian 
prisoner. On December 30, Israeli Border Police in Hebron arrested 
'Imran Abu Hamdiyeh, a 17 year old Palestinian. Palestinians found 
Hamdiyeh dead in Hebron's industrial area later that day. He had been 
beaten to death. Israel said it was investigating the death but no 
results of the investigation were forthcoming by year's end.
    Palestinian security forces used excessive force against 
Palestinians during demonstrations. For example, on January 22 PA 
police in Nablus violently dispersed a crowd demonstrating against the 
PA and demanding the release of HAMAS and Palestinian Islamic Jihad 
prisoners. The police shot and killed a Palestinian man while 
dispersing the crowd.
    Palestinian security officers and members of Arafat's Fatah faction 
attacked and killed Israeli settlers, civilians, and soldiers. They 
often fired at Israelis from within or close to the homes of 
Palestinian civilians or in other locations in which civilians were 
present, drawing Israeli return fire and increasing the potential for 
the noncombatants to be injured. Arafat issued several ceasefire orders 
and denounced attacks on civilians without lasting effect, but took no 
action to arrest or try violators.
    During the year, there were no reports that Palestinian security 
forces impeded the provision of medical assistance to injured Israelis 
in the occupied territories.
    The PA was responsible for the deaths of seven Palestinians in 
custody. The PA arrested six of the victims on charges of collaboration 
with Israel, and vigilantes subsequently killed them. The PA security 
services either failed to protect the prisoners from attack or actively 
turned them over to their killers. For example, in 2001 PA security 
services arrested Mahmoud Nimer Sabateen, a 27-year-old Palestinian 
from the village of Housan, on suspicion that he collaborated with 
Israel and provided information that led to the killing of Fatah 
activists. In 2001, Sabateen was sentenced to death by firing squad. On 
March 14, when the execution still had not been carried out, armed 
Fatah members dragged Sabateen from his prison and killed him in 
Bethlehem.
    Palestinian police may have tortured and killed one prisoner. On 
April 24, Ayman Ghayad Hilles, a 36-year-old Palestinian from al-
Shajaeya in Gaza, died while in the custody of PA police in Gaza City. 
On April 23, PA police arrested Hilles allegedly on criminal charges 
and informed his family 1-day later that he had died in custody after 
being transferred to al-Shifa Hospital in Gaza City. PA police said 
that an investigation would be conducted to determine the circumstances 
of his death. At the request of the family, an autopsy was carried out 
at al-Shifa hospital. A preliminary examination revealed large bruises 
on his legs and hands, as well as signs of blunt trauma to the head, 
suggesting that Hilles had been tortured. The autopsy concluded that it 
was a suspicious death.
    Palestinian civilians harassed, attacked, and killed Israelis, 
especially settlers and soldiers. During the year, Palestinians, acting 
as individuals or in unorganized or small groups, including some 
members of PA security services, killed 88 Israeli civilians, 101 
Israeli soldiers, and injured hundreds of others in acts of violence 
and terrorism in the occupied territories (see Section 1.c.). The 
Palestinian attacks consisted of shootings, bombings involving 
improvised explosive devices, suicide bombings, and stone-throwing at 
Israeli drivers.
    For example, on June 5, 2001, a five-month-old Israeli boy was hit 
in the head and critically injured when Palestinians threw stones at 
the car he was riding in near Shilo Junction in the West Bank. He was 
transported to the Hadassah intensive care unit, where he died on June 
10.
    On February 16, a Palestinian suicide bomber strapped with nail 
studded explosives blew himself up in a pizzeria at the Israeli Karnei 
Shomron settlement in the West Bank, killing three Israeli children.
    On September 5, Palestinian militants detonated explosives that 
they had concealed near the Kissufim Crossing in Gaza and blew up an 
Israeli tank, killing an Israeli soldier.
    Israeli settlers, acting individually or in small, at times 
unstructured, groups harassed, attacked, and occasionally killed 
Palestinians in the West Bank and Gaza Strip (see Section 1.c.). During 
the year, settlers killed at least five Palestinians by shooting them 
or stoning their vehicles and causing accidents. For example, on 
October 6 armed settlers fired on Palestinians harvesting olives. They 
injured two Palestinian men and killed a Palestinian who rushed to the 
scene. The Israeli government did not generally prosecute the settlers 
for their acts of violence (see Section 1.g.). According to Israeli 
government statistics, 80 settlers were indicted for violence against 
Palestinians. However, in general settlers rarely were detained or even 
investigated for crimes they committed against Palestinians.
    HAMAS, PIJ, the PFLP, DLFP, and Fatah-affiliated groups such as the 
al-Aqsa Martyrs' Brigades and the Brigades of Return continued to kill 
and injure Israelis. By year's end, the PA made few arrests in these 
killings and made no effective efforts to control the violence. Many of 
those arrested were released a short time later or held under 
conditions not commensurate with normal conditions of arrest.
    Some PA officials made public statements justifying Palestinian 
attacks on Israelis, stating that such attacks were in response to the 
occupation. Additionally, Fatah leaders made public statements urging 
Palestinians to continue all aspects of the Intifada, including violent 
attacks.
    Palestinian civilians also killed at least 35 Palestinians in the 
occupied territories who allegedly collaborated with Israel. Most of 
the deaths were shootings perpetrated by small groups of unidentified 
Palestinian gunmen. In March alone, Palestinian extremists killed 10 
alleged collaborators in the streets of the West Bank. The PA made no 
arrests in any of these killings. An example of such a case was the 
March 14 death of Mahmoud Nimer Sabateen, in which no one was held 
accountable.

    b. Disappearance.--There were no reports of politically motivated 
disappearances during the year.
    In 2001 one man disappeared in the West Bank and remained missing. 
Some have suggested that his disappearance was probably criminally 
motivated and not carried out by Israel.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--In a landmark September 1999 decision, the Israeli High 
Court of Justice prohibited the use of a variety of abusive practices, 
including violent shaking, painful shackling in contorted positions, 
sleep deprivation for extended periods of time, and prolonged exposure 
to extreme temperatures; however, during the year, human rights 
organizations, including B'tselem, Human Rights Watch, LAW, and the 
Mandela Institute for Political Prisoners reported that there was an 
increase in the number of allegations that Israeli security forces 
tortured and abused detainees, and used methods prohibited in the 1999 
High Court decision. Israeli security forces could obtain special 
permission to use ``moderate physical pressure'' against detainees 
considered to possess information about an imminent attack. The GSS has 
used court-approved ``extraordinary interrogation methods''--some of 
which included physical pressure--in 90 cases since the law was passed 
in 1999. The Attorney General's office investigated allegations of 
mistreatment, but few cases were opened and no GSS agent has been 
criminally charged with torture or other abuse for the past several 
years. Israeli and Palestinian human rights groups noted that jailers 
made it difficult to visit prisoners during the interrogation period 
and that some detainees were reluctant to report abuse out of fear of 
retribution.
    Several human rights groups stated that the case of Abdel Rahman 
al-Ahmar was representative of the allegations of physical abuse they 
received. In May 2001, Israeli authorities arrested al-Ahmar, a well-
known Palestinian human rights activist and field researcher, for 
entering Jerusalem without a permit. The authorities first detained al-
Ahmar at Etzion prison, then transferred him 6 days later to the 
Russian Compound in Jerusalem. According to testimony he gave his 
lawyer, authorities beat al-Ahmar when they arrested him, subjected him 
to shabeh (shackling in painful positions for prolonged periods), and 
held him in a dirty, cold cell. According to a press release from the 
Public Committee Against Torture in Israel, authorities denied al-Ahmar 
adequate medical care. In June 2001, an Israeli military judge denied 
al-Ahmar's legal complaint of torture--despite bruises on his arms and 
visible difficulty walking--and extended his detention without charging 
him. In July 2001, al-Ahmar was remanded for 6 months of administrative 
detention, and in November 2001 the order was renewed for an additional 
6 months. International, Israeli, and Palestinian human rights groups 
continued to petition for his release. Al-Ahmar was released early this 
year.
    Most convictions in security cases before Israeli courts were based 
on confessions. The law prohibits the admission of forced confessions 
as evidence. A detainee may not have contact with a lawyer until after 
interrogation, a process that may last days or weeks. The Israel 
government did not allow representatives of the International Committee 
of the Red Cross (ICRC) access to detainees until the 14th day of 
detention. Detainees sometimes stated in court that their confessions 
were coerced, but judges rarely excluded such confessions. During the 
year, there were no known cases in which an Israeli court excluded a 
Palestinian confession because of a finding of improper means of 
investigation or interrogation.
    During the year, Israeli security forces injured approximately 
4,382 Palestinians during armed clashes, violent demonstrations, 
retaliatory strikes, and other military actions (see Sections 1.a., 
1.g., and 2.b.).
    The IDF injured a number of bystanders, including journalists, at 
demonstrations, clashes, during retaliatory strikes, and during 
targeted killings. During the year, Israeli gunfire killed three 
journalists and injured at least one other during Israeli military 
actions (see Sections 1.a. and 2.a.).
    Israeli authorities abused Palestinians at checkpoints, subjecting 
them to verbal and physical harassment. Each day, tens of thousands of 
Palestinians who traveled between Palestinian towns and villages had to 
pass through 1 or more of the approximately 430 Israeli checkpoints 
across the occupied territories; significantly more than the 130 
checkpoints in 2001. Abuse was common, and as many as several thousand 
Palestinians encountered some form of abuse from soldiers at 
checkpoints. Palestinians were subjected to excessive delays in passing 
through checkpoints. Israeli soldiers forced Palestinian civilians to 
wait in the rain or inclement weather for excessive periods of time. 
For example, in November Israeli soldiers made a group of Palestinian 
schoolteachers in Asira ash-Shamaliya wait in a ditch in the rain for 
several hours before allowing them to pass through a military 
checkpoint.
    Palestinians in the West Bank and Gaza were subjected to beatings, 
tire slashings, and gunfire directed against them or their vehicles 
because they were traveling on, or trying to circumvent, roads on which 
the IDF blocked passage to Palestinians as it attempted to enforce 
internal closures between Palestinian cities and towns in the West Bank 
and Gaza (see Section 2.d.).
    Israeli security personnel on patrol abused and in some cases 
tortured Palestinian civilians. On several occasions during the year, 
Israeli border policemen in Hebron detained Palestinian civilians and 
beat them without provocation. For example, in early December, Israeli 
Border Police in Hebron halted Badr Abu Sneineh, a Palestinian taxi 
driver, handcuffed him, and beat him for 10 minutes. On December 3, IDF 
soldiers in Hebron raided a barbershop in the city for no stated 
security purpose, shaved the heads of two Palestinians sitting in the 
shop, and beat them. The IDF had opened an investigation into the 
latter incident, but no results were forthcoming at year's end.
    Israeli fire killed 4 on-duty Palestinian medical personnel during 
retaliatory attacks on civilian areas or PA institutions, compared to 
67 attacks against Palestinian Red Crescent Society (PRCS) ambulances 
and 121 injuries caused by IDF soldiers (see Sections 1.a and 1.g.).
    Article 13 of the PA Basic Law signed this year prohibits the use 
of torture or force against detainees; however, PA security forces 
tortured and abused Palestinian detainees. Such abuse generally took 
place after arrest and during interrogation, and reportedly was 
widespread. Palestinian security officers were not issued formal 
guidelines regarding the proper conduct of interrogations. The PA 
lacked adequate equipment to collect and use evidence, and convictions 
were based largely on confessions.
    PA security officials tortured and abused prisoners by threatening, 
hooding, beating, and tying detainees in painful positions, forcing 
them to stand for long periods of time, depriving them of sleep and 
food, and burning detainees with cigarettes and hot instruments. 
Palestinians also alleged that PA authorities have shaken them 
violently while in PA custody. International human rights groups have 
documented widespread arbitrary and abusive conduct by the PA. The 
organizations stated that the use of torture was widespread and not 
restricted to those persons detained on security charges. Human rights 
groups stated that Palestinians who were suspected of belonging to 
radical Islamic groups were more likely to be treated poorly, as were 
the 250 alleged collaborators with Israel who were arrested since the 
start of the Intifada. Observers noted that documentation of abuses was 
very limited, due partly to the hesitancy of alleged victims to file or 
make public claims of torture and abuse against the PA authorities.
    During the year, one Palestinian died under PA custody, allegedly 
due to abuse (see Section 1.a.).
    Palestinian security officers and Fatah Tanzim members with 
firearms attacked and injured Israelis. In some cases, they fired at 
Israeli civilians or soldiers from within or close to the homes of 
Palestinian civilians, drawing Israeli return fire (see Section 1.a.). 
Palestinian security forces often failed to prevent armed Palestinians 
in areas under PA control from opening fire on Israeli settlers or 
other civilians, soldiers, or military targets.
    Extremist Israeli settlers harassed, attacked, and occasionally 
killed Palestinians in the West Bank and Gaza Strip (see Section 1.a.).
    Some settlers attacked Palestinian homes and damaged crops, olive 
trees, greenhouses, and agricultural equipment, usually in areas 
located near settlements, causing extensive economic damage to 
Palestinian-owned agricultural land. In October settlers disrupted the 
Palestinian olive harvest by firing on Palestinians picking olives, 
beating harvesters returning home and stealing the harvest, and 
invading Palestinian property and picking the olives themselves. The 
settlers admitted to these activities but cited past Palestinian 
attacks on their settlement and claimed that the Palestinians must be 
deterred. Many settlers also claimed that Palestinians had no right to 
live on the land of ``greater Israel'' and that Palestinian attempts to 
cultivate their land was a form of theft. The settlers acted in an area 
in which the IDF was responsible for security. Settlers acted 
independent of government direction in such attacks. There have been 
some instances in which IDF forces protected Palestinians from 
settlers; however, the Government of Israel generally did not prosecute 
settlers for their acts of violence against Palestinians, and settlers 
rarely served prison sentences if convicted of a crime against a 
Palestinian. However, during the year, the Government stated that it 
indicted 80 Israelis for violence against Palestinians. In 20 of the 
cases, the perpetrators were indicted during their detention. Israel 
often enforced security by applying curfews and closures only to 
Palestinians, which on occasion prevented Palestinians from defending 
themselves and their property from attacks by settlers.
    For example, from July 26 to 28, settlers in Hebron killed Nivin 
Jamjum, age 14, stabbed Ahmad a-Natsheh, age 8, beat Ahmad's brother 
Falah, age 9; injured more than 10 other Palestinians; took control of 
a house and damaged property in 20 other houses. Settlers also verbally 
and physically abused Israeli security forces in the city, but some 
committed their violence while accompanied by Israeli soldiers. 
Settlers claimed they were avenging a Palestinian shooting attack on 
July 26 that killed Elazar Leibowitz, a 21-year-old Israeli soldier and 
Hebron settler, and three residents of the P'sagot settlement, Hana and 
Yosef Dickstein and their 9-year-old son, Shuva'el. The couple's two 
other children were injured in the attack. A curfew on the city 
remained in effect for Palestinians during the duration of the events 
described.
    During the year, Israeli settlers in Hebron continued their 
longstanding harassment of members of the Temporary International 
Presence in Hebron (TIPH), which monitored relations between Israeli 
and Palestinian security forces, Palestinian civilians, and settlers in 
the city, and damaged a number of their vehicles.
    Palestinians harassed, attacked, and occasionally killed Israelis, 
especially settlers (see Section 1.a.).
    Conditions for Palestinians in Israeli prisons were poor. 
Facilities were overcrowded, sanitation was poor, and at times food and 
clothing were insufficient. Israel set up tents at the Ofer Camp and 
crowded 60 Palestinian prisoners under each tent. Israel was unprepared 
to accommodate properly the thousands of Palestinians that were 
arrested in sweeps that accompanied Israeli operations this year. 
During April and May, Israel shut down the Ketziot prison to reorganize 
the facilities after discovering that it was not suited to handling the 
large number of detainees. In August 40 female Palestinian prisoners at 
the Ramlah prison conducted a 5 day hunger strike protesting conditions 
at the facility.
    The IDF prevented families from the West Bank from visiting 
prisoners, citing the security situation as the reason. Visits for 
families of prisoners from Gaza took place at a fairly normal level. 
During the year, one Palestinian prisoner died in Israeli custody under 
suspicious circumstances and another Palestinian who had been taken 
into custody was later found dead (see Section 1.a.).
    Israel permitted independent monitoring of prison conditions by the 
ICRC and other groups, although human rights groups sometimes 
encountered difficulties gaining access to specific detainees.
    The PA provided poor conditions for its prisoners. In many cases, 
facilities were old, dilapidated, and neglected. There are separate 
facilities to hold juvenile prisoners. Most Palestinian prison 
facilities and detention centers were destroyed during the current 
conflict, and prisoners were kept informally in houses or other 
buildings. One Palestinian died under suspicious circumstances after 
having been taken into custody by the PA (see Section 1.a.).
    The PA permitted independent monitoring of its prisons, although 
human rights groups, humanitarian organizations, and lawyers reported 
difficulties arranging visits or gaining access to specific detainees. 
Human rights organizations stated that their ability to visit PA 
prisons and detention centers varied depending on which security 
organization controlled the facility. Human rights organizations stated 
that the police, the Preventive Security Force, and Mukhabarat 
generally allowed them to inspect facilities and visit prisoners and 
detainees. However, they stated that the Military Intelligence 
Organization usually did not grant them access to facilities that they 
controlled. Human rights monitors stated that prison authorities did 
not consistently permit them to have access to PA detention facilities, 
and that they rarely were permitted to see inmates while they were 
under interrogation.
    The ICRC operated in the West Bank and Gaza under the terms of a 
memorandum of understanding signed in September 1996 between the ICRC 
and the PLO. The memorandum accorded the ICRC access to all detainees 
held by the PA and allowed regular inspections of prison conditions. In 
accordance with the agreement, the ICRC conducted visits of facilities 
run by the PA. The PA may deny a group access to a detainee for 14 days 
immediately following his or her arrest. When abuses occurred, they 
frequently happened during that 2 week period.

    d. Arbitrary Arrest, Detention, or Exile.--Israeli security 
personnel may arrest without warrant or hold for questioning a person 
suspected of having committed a criminal or security offense. During 
the year, Israel conducted mass, arbitrary arrests in the West Bank. 
Most of those arrested were released several days or weeks thereafter. 
On April 5, Israel issued Military Order 1500, allowing the Israeli 
army to detain people for 18 days during which detainees were barred 
from seeing a lawyer or appearing before court. In March and April, 
during Operation Defensive Shield, Israel conducted mass arrests under 
this order's authority. Israeli forces began the operation on March 28, 
one day after a Palestinian suicide bomber blew himself up in the Park 
Hotel in Netanya, killing 30 Israelis. Israel entered cities and 
ordered all male civilians between the ages of 15 and 50 to assemble in 
main squares, blindfolded and handcuffed them, and led them to 
detention centers for processing. In such a way Israel arbitrarily 
detained approximately 7,000 Palestinians and later released 5,600 of 
them after a few days or weeks without taking legal action against 
them. Several Palestinians and human rights groups challenged the 
legality of these arbitrary arrests and delays of legal representation 
in court, and Israel announced that it would allow access to an 
attorney within 4 days and an appearance before a judge after 12 days. 
Human rights group did not consider these changes sufficient and their 
legal challenge had not been adjudicated by year's end.
    Israel used administrative detention to hold hundreds of 
Palestinians without trial or charge. Prisoners who were not charged 
and tried in time were administratively detained after their arrest to 
put off their trial. At year's end, Israel held 1,007 Palestinians in 
administrative detention. Individual administrative detention orders 
could be issued for up to 6-month periods and could be renewed 
indefinitely. Israel conducted de facto detentions at checkpoints by 
confiscating Palestinian identification cards and keys. Israel 
conducted these detentions as a form of harassment at checkpoints and 
Palestinians were unable to leave the scene until IDF soldiers returned 
the items.
    Israeli authorities intermittently issued special summonses for 
those suspected of involvement in or knowledge of security offenses. 
There were reports that some such summonses were issued immediately 
before and during the Intifada. Israeli military order 1369 provided 
for a 7-year prison term for anyone who did not respond to a special 
summons delivered to a family member or posted in the MATAK office 
nearest the suspect's home address. During the year, there were no 
reports that any person was convicted of failing to respond to a 
summons. Bail rarely was available to those arrested for security 
offenses.
    Israel applied a different age standard in prosecuting Palestinian 
youth than when prosecuting Israeli youth. Israeli youth under the age 
of 18 cannot be tried as adults; however, Palestinian youth who are 17 
years of age can be tried as adults.
    Authorities must inform detainees of their right to an attorney and 
whether there are any orders prohibiting such contact. Higher-ranking 
officials or judges may extend the period during which a detainee is 
denied access to counsel. For example, access to counsel was denied 
routinely while a suspect was being interrogated, which may last up to 
several weeks.
    Israel hampered or prevented contacts between Palestinians in 
Israeli prisons and detention facilities and their lawyers, families, 
and human rights organizations. Legislation regarding the occupied 
territories requires the Israeli authorities to inform the family of a 
person's arrest and place of detention ``without delay.'' Israeli 
authorities stated that they attempted to post notification of arrest 
within 48 hours, but that senior officers may delay notification for up 
to 12 days. In fact a military commander may appeal to a judge to 
extend this period in security cases for an unlimited period of time. 
Such notification rarely was given, and Palestinian suspects often were 
kept incommunicado for much longer than 48 hours. Even if family 
members or others became aware of a person's arrest, it often was 
difficult for them to obtain information regarding where a detainee was 
being held or whether the detainee had access to an attorney. 
Palestinians generally located detained family members through their 
own efforts. Palestinians may check with a local ICRC office or the 
Israeli human rights organization HaMoked to determine whether it has 
information regarding the whereabouts of a family member.
    The Israeli government routinely transferred Palestinians arrested 
in the occupied territories to facilities in Israel, especially the 
prison in Ashkelon and the military detention centers in Megiddo and 
the Negev Desert. Israeli authorities in some instances scheduled 
appointments between attorneys and their detained clients, only to move 
the clients to another prison prior to the meetings. Authorities 
reportedly used such tactics to delay lawyer-client meetings for as 
long as 90 days. Palestinian prisoners had difficulty obtaining legal 
representation because of restrictions in place on Palestinian lawyers. 
Since the Intifada began, only Israeli citizens or Palestinian lawyers 
with Jerusalem identification cards were permitted to visit Palestinian 
prisoners in Israeli prisons as advocates or monitors. This 
significantly reduced the availability and timeliness of legal aid for 
such prisoners due to a reduction from 1,300 to approximately 100 
available lawyers to handle such cases. Lawyers with Jerusalem 
identification cards reported frequent, repeated, and lengthy delays in 
meeting with prisoners. Israeli lawyers did not take steps to fill the 
void, which had grown even more severe with the greatly increased 
numbers of Palestinian detainees during the past year.
    Human rights groups stated that Palestinian lawyers from the Gaza 
Strip had a more difficult time obtaining permission to meet their 
clients than their West Bank counterparts, and that they were denied 
entry into Israel more frequently than West Bank lawyers.
    Male family members between 16 and 40 years of age, and any family 
members with security records, generally were barred from visiting 
relatives in Israeli facilities. Relatives of Palestinian prisoners 
also stated that in some instances they learned that visitation rights 
were canceled only when they arrived at the prison after having 
traveled for many hours from the occupied territories. Following the 
outbreak of violence in September 2000, the Israeli government banned 
all family visits for Palestinian prisoners in Israeli prisons, 
although some visitation rights were restored intermittently after ICRC 
intervention (see Section 1.c.).
    Evidence used at hearings for administrative detentions in security 
cases was secret and unavailable to the detainee or his attorney during 
the hearings; the detainee and defense lawyer were required to leave 
the courtroom when secret evidence was presented. Israeli authorities 
maintained that they were unable to present evidence in open court 
because doing so would compromise the method of acquiring the evidence. 
In 1998 the High Court of Justice ruled that only judges, rather than 
military officials, may renew administrative detention orders beyond a 
6-month period. Detainees may appeal detention orders, or the renewal 
of a detention order, before a military judge, but their chances for 
success were very limited. No information was available regarding 
whether any detainees were successful in such appeals.
    During the year, the total number of Palestinian prisoners and 
administrative detainees in Israeli prisons more than doubled due to 
arrests associated with terrorist acts and the violence of the ongoing 
Intifada. According to the IDF, there were 4,672 Palestinian security 
prisoners held in IDF and Israeli Prisons Service jails, compared to 
1,854 at the end of 2001. The IDF also held an unspecified number of 
Palestinian detainees in waiting facilities in the occupied 
territories. Approximately 1,400 had been detained before the Intifada 
began (most of them were pre-Oslo prisoners serving long terms), and 
approximately 3,000 of those in custody had been arrested during the 
year. During the year, approximately 10,000 Palestinians were detained, 
of whom an estimated 7,000 were released or had completed their 
sentences.
    At year's end, Israel held 1,007 Palestinians in administrative 
detention. Most had been detained for less than 1 year. A number of 
Palestinians under administrative detention during the previous several 
years have had their detention orders renewed repeatedly and few, if 
any, appeals were successful.
    Israel forcibly transferred persons suspected of terror from the 
West Bank to Gaza. In July the Government of Israel announced its 
intention to forcibly transfer from the West Bank to the Gaza Strip 
relatives of persons known or suspected of having organized or 
participated in attacks against Israelis. On August 1, the IDF West 
Bank Commander signed an amendment to Military Order 378 allowing for 
the forcible transfer of Palestinians from the West Bank to the Gaza 
Strip. On September 3, the Israeli High Court of Justice issued a 
ruling allowing the forcible transfer of two Palestinians from Nablus 
to the Gaza Strip on the grounds that they were not being transferred 
out of the occupied territories and had allegedly assisted their 
brother to commit attacks against Israelis. The two Palestinians, 
Intisar and Kifah 'Ajuri, were in detention since June 4 and July 18, 
respectively, but never were charged nor brought to trial. The Israeli 
government claimed that it could not try them because this would expose 
the source of the evidence against them.
    The 2001 PA Criminal Procedures Law contains unified procedures 
that allow police to hold detainees without charges for 24 hours. 
Prosecutors can authorize detention for another 15 days. Court approval 
is necessary for detention without charges for a maximum of 30 more 
days. The Attorney General can ask any court of first instance to 
authorize up to another 45 days of detention. After the first 90 days 
of incarceration, the detainee must be brought before the court having 
jurisdiction in the case for any other extension of detention. A trial 
must start within 6 months of arrest, or the detainee must be released.
    On May 14, Chairman Arafat signed the Independence of the Judiciary 
Law and on May 29 he signed the PA Basic Law, which defines the 
authorities of the three governmental branches and prescribes direct 
election of a president accountable to his cabinet and to the elected 
PLC. Neither law has yet been fully implemented; hence the safeguards 
they offer are not fully in place. The lack of safeguards has 
contributed to the tendency of PA security forces to refuse to carry 
out High Court of Justice orders to release detainees.
    PA security forces arbitrarily arrested and detained persons, and 
security officials often ignored laws that restrict their actions. The 
PA ignored court decisions calling for the release of alleged security 
criminals. On November 24, the PA High Court of Justice ordered Eid 
Atya Abu Anseer released from detention for lack of evidence. The PA 
Military Intelligence Service in Gaza had arrested Anseer on charges of 
collaborating with Israel. Despite this ruling, Anseer remained 
imprisoned at year's end. Lawyers and PA judicial officials 
acknowledged that, in contravention of the law, PA security services 
sometimes arrested and detained persons without informing judicial 
officials.
    At year's end, approximately 250 suspected collaborators and at 
least 20 political prisoners were in custody in PA prisons (see Section 
1.e.). These alleged collaborators often were held without sufficient 
evidence, and denied access to lawyers, their families, or doctors.
    PA authorities generally permitted prisoners--except those held for 
security offenses--to receive visits from family members and human 
rights monitors. PA security officials did not always permit lawyers to 
see their clients. In principle detainees may notify their families of 
their arrest, but this was not always permitted.
    PA security services had overlapping or unclear mandates that often 
complicated the protection of human rights. Leadership changes and 
Israeli strikes against security posts have seriously crippled the PA 
security apparatus. Under existing law in the West Bank, only the PA's 
civil police force is authorized to make arrests. In practice all 
security forces detained persons at various times. The operating 
procedures and regulations for the conduct of PA security personnel in 
the various services still were not well developed and have not been 
made fully available to the public.
    There were many detention facilities in the West Bank and Gaza 
Strip administered by the overlapping PA security services, a situation 
that complicated the ability of families, lawyers, and even the 
Ministry of Justice to track detainees' whereabouts and to determine 
their numbers. During the year, most PA prisons were destroyed during 
Israeli operations, and the use of informal detention centers in homes 
and apartment buildings spread. Security services, including Preventive 
Security, General Intelligence, Military Intelligence, and the Coast 
Guard have their own interrogation and detention facilities. In general 
these services did not inform families of a relative's arrest, or did 
so only sporadically. Most PA security officers remained unaware of 
proper arrest, detention, and interrogation procedures, as well as 
basic human rights standards.
    PA security forces continued to harass journalists, political 
activists, and human rights advocates who criticized the PA and its 
policies (see Section 2.a.).
    Neither the Israeli government nor the PA used forced exile, or 
forcibly deported anyone from the occupied territories, during the 
year. However, Israel and the PA sanctioned the voluntary agreement of 
13 Palestinian gunmen to go into exile in Europe and another 35 to Gaza 
in a negotiated resolution of the standoff at the Church of the 
Nativity in Bethlehem in the spring.

    e. Denial of Fair Public Trial.--Israeli law provides for an 
independent judiciary, and the Government generally respected this 
provision. Palestinians accused by Israel of security offenses in the 
occupied territories usually were tried in Israeli military courts. 
Security offenses are defined broadly and may include charges as varied 
as stone throwing or membership in outlawed organizations, such as 
HAMAS or the PFLP. Military prosecutors brought charges. Serious 
charges were tried before three-judge panels; lesser offenses were 
tried before one judge. The Israeli military courts rarely acquitted 
Palestinians of security offenses, but sentences in some cases were 
reduced on appeal.
    The 1970 regulations governing Israeli military trials allowed for 
evidentiary rules that were the same in criminal cases. Convictions may 
not be based solely on confessions, although in practice some security 
prisoners were sentenced on the basis of the alleged coerced 
confessions of both themselves and others. The prosecution must justify 
closing the proceedings to the public in such cases, and the Attorney 
General determines the venue. Counsel may assist the accused, and a 
judge may assign counsel to those defendants when it is deemed 
necessary. Charges are made available to the defendant and the public 
in Hebrew, and the court may order that the charges be translated into 
Arabic if necessary. Sentencing in military courts was consistent with 
that in civilian criminal courts. Defendants in military trials had the 
right to appeal through the Military High Court. Defendants in military 
trials also may petition to the civilian High Court of Justice (as a 
court of first instance) in cases in which they believe there are 
procedural or evidentiary irregularities. The court may hear secret 
evidence in security cases that is not available to the defendant or 
his attorney; however, while a conviction may not be based solely on 
such evidence, it reportedly may influence the judge's decision.
    Trials sometimes were delayed because witnesses, including Israeli 
military or police officers, did not appear, the defendant was not 
brought to court, files were lost, or attorneys failed to appear, 
sometimes because they were not informed of the trial date or travel 
restrictions prevented Palestinian lawyers from reaching the court (see 
Section 2.d.). These delays pressured some defendants to plead guilty 
to minor offenses so that an expedited trial could be held; in 
expedited trials a charge sheet was drawn up within 48 hours and a 
court hearing was scheduled within days. There frequently was no 
testimony provided by Palestinian witnesses either for or against 
Palestinians on trial. Israeli authorities maintained that this was due 
to the refusal of Palestinians to cooperate with the authorities. 
However, Palestinian authorities maintained that the absence of 
Palestinian witnesses was due to strict travel restrictions. Tension 
resulting from the security situation, and the closures imposed on the 
West Bank and Gaza, posed additional barriers to cooperation. Physical 
and psychological pressures and reduced sentences for those who 
confessed induced security detainees to sign confessions. Confessions 
usually were given in Arabic but translated into Hebrew for the record 
because, authorities maintained, many Israeli court personnel could 
speak Arabic but few could read it. As a result, many Palestinian 
prisoners signed confessions written in Hebrew, which many could not 
read or understand.
    Crowded facilities and poor arrangements for attorney-client 
consultations in prisons hindered legal defense efforts. Appointments 
to see clients were difficult to arrange, and prison authorities often 
failed to produce clients for scheduled appointments.
    Israeli settlers in the West Bank and Gaza Strip accused of 
security and ordinary criminal offenses were tried under Israeli law in 
the nearest Israeli district court. Civilian judges presided, and the 
standards of due process and admissibility of evidence were governed by 
the laws of Israel, not military orders. Settlers rarely were 
prosecuted in Israeli courts of crimes against Palestinians, and, in 
the rare instances in which they were convicted, regularly received 
lighter punishment than Palestinians convicted in Israeli courts of 
similar crimes against either Israelis or other Palestinians (see 
Section 1.a.). The Government of Israel stated that it established a 
special department within the police force to investigate violence by 
settlers; the establishment of such a unit has not noticeably 
diminished the problem. During the year, 42 settlers were indicted for 
violence in the occupied territories; however, most of these 
indictments were for crimes against Israeli security forces rather than 
against Palestinians.
    The Israeli government maintained that it held no political 
prisoners, but Palestinians claimed that many of the 1,007 Palestinian 
administrative detainees being held without charge were political 
prisoners.
    The Government of Israel held thousands of persons for security 
related offenses (see Section 1.d.).
    The PA courts were inefficient, lacked staff and resources, and 
often did not ensure fair and expeditious trials. The PA executive and 
security services frequently failed to carry out court decisions and 
otherwise inhibited judicial independence. The lack of judicial 
independence and the lack of rule of law in the PA lead to continuing 
problems of torture, extrajudicial killings, and arbitrary detention 
(see Sections 1.a., 1.c., and 1.d.).
    The PA inherited a court system largely based on structures and 
legal codes that predate the 1967 Israeli occupation and Israeli 
military orders. Legislation implemented in the past 2 years clarified 
the court structure and changed the types or sizes of cases that some 
of the civil courts can conduct. A High Judicial Council (HJC) 
maintained authority over most court operations. In each governorate 
there must be at least one conciliation court and a court of first 
instance that hears appeals from that conciliation court, and that has 
original jurisdiction of more serious cases. Legislation dictates that 
three courts of appeal sit in Gaza, Ramallah, and Jerusalem to review 
decisions of the first instance courts. In practice, there was no 
Jerusalem appeals court and the Ramallah court handles its 
responsibilities. There was also a High Court, officially designated as 
sitting in Jerusalem, but it meets in Ramallah and Gaza City. The High 
Court also served as the Constitutional Court until additional 
legislation establishes it as a separate court. The High Court also 
serves as the Court of Cassation and as an administrative court until 
administrative courts are established by legislation. Most of the 
changes required by the legislation started to take effect during the 
last year, and very limited resources and restriction of movement have 
hampered the transition.
    The PA executive at times did not respect decisions of the courts, 
and the Palestinian security agencies did not always enforce their 
rulings (see Section 1.d.). In 1995 the PA established state security 
courts in Gaza and the West Bank to try cases involving security 
issues, but in recent years only the High State Security Court has 
functioned. A civilian judge who also sits on the Court of Appeals 
headed the High State Security Court. In most cases, three military 
judges presided over each case. Most of the judges were military 
officers but a civilian judge usually headed each panel of the High 
State Security Court. There was no right of appeal, but the PA 
president reviewed the court's findings, and he could confirm or reject 
its decisions. The PA Ministry of Justice had no jurisdiction over the 
state security courts, which were subordinate only to the Chairman. 
There was a separate Attorney General appointed by the Chairman to work 
with the state security courts. There were military courts to handle 
charges against members of the security forces, but during the year, 
they saw little if any activity.
    The Gaza legal code is derived from Ottoman law, British Mandate 
law, Egyptian law, and PA directives and laws. Pre-1967 Jordanian law, 
together with PA directives and laws, applied in the West Bank. Both 
sets of laws were modified substantially by Israeli military orders. 
According to the Declaration of Principles and the Interim Agreement, 
Israeli military decrees issued during the occupation remained valid in 
both areas and were subject to review by the parties pursuant to 
specific procedure. The PA had passed many pieces of fundamental 
legislation that unify the Gaza and West Bank legal codes, but there 
was still a lack of unified legislation and regulations on many 
subjects. Human rights advocates stated that the PA's judiciary did not 
operate consistently. Judges stated they were hampered by their lack of 
information about decisions issued by other courts.
    The court system in general was struggling to recover from years of 
neglect; most of the problems predated PA jurisdiction and were 
aggravated by lack of resources and attention since the PA assumed 
control of the courts. Judges and staff lacked sufficient resources and 
suffered from a lack of skills and training. In addition, closures, 
curfews, and the inability of PLC members to travel seriously impeded 
administrative functions and implementation of reform. Court procedures 
and record keeping were antiquated, although donor-funded activities 
started to improve some of the systems. The delivery of justice often 
was perceived as slow and uneven. The ability of the courts to obtain 
enforcement of their decisions was extremely weak. A heavy caseload 
even before the Intifada exacerbated these systemic problems. During 
the past 2 years, the revolving caseload reportedly increased by 50 to 
60 percent (see Section 2.d.).
    The High Judicial Council (HJC) slowly was gaining authority over 
judicial matters that formerly were administered by the PA Ministry of 
Justice. The 1998 Independence of the Judiciary Law created the HJC to 
enhance the judicial system and its independence. Arafat appointed an 
HJC by a decree issued in 2000 and published in 2001, giving it the 
powers it would have had if he had signed the judicial independence 
law. Arafat signed that particular law as well as the PA Basic Law on 
May 14, both of which pertained to the powers of the HJC. However, 
instead of appointing an HJC with the 9 members required by the 
judicial independence law, Arafat reappointed the same 11 members he 
appointed in 2000. Three of the HJC members were older than 70 years, 
the age limit contained in the law for HJC members, including its 
president. During the year, discussions continued within the PA about 
the membership of the HJC and the extent of control the laws give the 
Ministry over court operations, even as the HJC planned the budget for 
the judicial branch, supervised judicial operations in the West Bank 
and Gaza, and nominated more than 30 new judges for the Chairman's 
confirmation. Prior to this year, the Ministry of Justice appointed all 
civil judges for 10-year terms and supervised judicial operations.
    The PA's state security courts failed to afford defendants due 
process. In theory these courts can apply procedures from the criminal 
procedures law or those specified in the Revolutionary Code. The PA 
usually ignored the legal limits on the length of prearraignment 
detention of detainees suspected of security offenses. Defendants often 
were brought to court without knowledge of the charges against them or 
sufficient time to prepare a defense. They typically were represented 
by court-appointed lawyers, who generally were members of the security 
services with valid law degrees, but who had not practiced trial law, 
or in some cases, any law, as part of their career. However, during the 
year there were more cases in which defendants chose their own lawyers. 
Court sessions often took place on short notice in the middle of the 
night, and the advocates were not always present. In some instances, 
security courts tried cases, issued verdicts, and imposed sentences in 
a single session lasting a few hours.
    During the year, the state security courts sentenced 12 persons to 
death for collaboration with Israel in the killing of Palestinians. 
Defendants often were unable to obtain competent legal counsel or bring 
forward witnesses in their defense. All executions required approval 
from PA Chairman Arafat before they could be carried out, and he has 
not granted such permission since the execution of two Palestinians in 
2001.
    The state security courts adjudicated cases that fell far outside 
the scope of the courts' original mandate. In addition to cases in 
which violations of state security allegedly occurred, the courts have 
on occasion dealt with tax cases and economic crimes, such as 
smuggling. In 2000 Chairman Arafat decreed that ``serious'' crimes, 
including homicide, rape, and drug trafficking, be referred to state 
security courts. The decision prompted human rights organizations to 
issue statements requesting the abolition of state security courts and 
the referral of all cases to the regular civil courts.
    There were no reports during the year that persons were convicted 
for their political beliefs. However, at year's end, a credible 
Palestinian prisoner rights organization estimated that the PA held at 
least 20 political prisoners, as well as approximately 250 Palestinians 
on charges of collaboration (see Section 1.d.).

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--Israeli military authorities on many occasions entered 
private Palestinian homes and institutions without a warrant, citing 
security concerns. An officer of the rank of lieutenant colonel or 
above could authorize such action. In conducting searches, both in 
areas under Israeli control and during incursions into areas ostensibly 
under PA control, IDF personnel forcibly entered and in some cases, 
beat occupants and destroyed property.
    Israeli forces arbitrarily destroyed or looted Palestinian property 
during military operations. During Operation Defensive Shield, which 
lasted from March 29 through April 21, numerous Palestinian Authority, 
NGO, and private offices were vandalized, damaged, and looted. Six 
Israeli soldiers were indicted for looting, of whom five were convicted 
and demoted and given prison sentences of up to five months. 20 other 
Israeli military police investigations were underway for violence, 
looting, and vandalism. Israeli authorities stated that forced entry 
may occur lawfully only when incident to an arrest and when entry was 
resisted. Authorities stated that beatings and arbitrary destruction of 
property during searches were punishable violations of military 
regulations and that compensation was due to victims in such cases. The 
Israeli government stated that it did not keep consolidated information 
regarding the claims against the Ministry of Defense for damages 
resulting from IDF actions.
    Israeli security forces demolished and sealed the homes (owned or 
rented) of Palestinians suspected of terrorism or the relatives of such 
suspects, without any judicial review (see Section 1.g.). During the 
year, according to Israeli human rights organization B'tselem, Israeli 
forces demolished 112 homes as punishment for terror activity.
    The IDF destroyed numerous citrus orchards, olive and date groves, 
and irrigation systems on Palestinian-owned agricultural land in both 
the West Bank and Gaza. The IDF destroyed these groves or orchards for 
security reasons, stating that Palestinians had been shooting from 
those areas. Israel claimed that since the beginning of the Intifada it 
destroyed 5,500 dunams (1,223 acres) of orchards in Gaza and 4,500 
dunams (1,000 acres) of cultivated and uncultivated land. However, the 
Palestinian Centre for Human Rights estimated that Israel razed 16,000 
dunams (3,558 acres) of land in that period. The separation wall that 
Israel began to build this year in the West Bank was expected to divide 
6,000 dunams of land from its Palestinian owners. Israel claimed that 
Regulation 119 of the Defence Emergency Regulations passed under the 
British mandate allows military commanders to destroy homes and 
property without judicial review if they suspect that they have been 
used for violent purposes.
    The PA required the Attorney General to issue warrants for entry 
and searches of private property; however, Palestinian security 
services frequently ignored these requirements. Police searched homes 
without the consent of their owners. In some cases, police forcibly 
entered premises and destroyed property.
    PA security forces at times detained or placed under house arrest 
the relatives of alleged security criminals. For example, in 2001 the 
PA arrested and detained two brothers of the suspects in the killing of 
the Israeli Tourism Minister. The PA released them during the year (see 
Section 1.d.).

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal Conflicts.--Israeli security forces often used excessive force 
against Palestinians and others, in contravention of their official 
rules of engagement (see Section 1.a.). In 2001 the IDF stated that its 
actions and its rules of engagement were based on a legal framework, 
that it followed a policy of restraint and proportionality, and that to 
the extent possible, it avoided harming civilians.
    IDF regulations permitted the use of rubber-coated metal bullets 
and live ammunition only when the life of the soldier or another person 
imminently was threatened, and no other means of defense is available, 
to apprehend a fleeing person suspected of having committed a dangerous 
offense who did not respond to warning calls and shots, and to disperse 
a violent demonstration or riot. A response to a violent demonstration 
must be in clear escalatory stages--first tear gas--then warning shots 
in the air, then rubber-coated steel bullets. IDF Open-Fire Regulations 
stated that, in apprehending a fleeing suspect, soldiers were to direct 
fire at the suspect's legs only. Soldiers were not permitted to fire at 
persons suspected of having committed only minor offenses, such as 
refusal to identify themselves or fleeing from security forces. 
Regulations prohibited security force members from opening fire in the 
direction of children or women, even in the case of severe public 
disorder, unless there is an immediate and obvious danger to a 
soldier's life. Firing on a suspicious vehicle at a checkpoint was 
permitted only when the soldiers at the site are in a clearly life-
threatening situation.
    The IDF killed or injured Palestinians or others in non life-
threatening situations. IDF forces used lethal force against 
Palestinians throwing stones, even though IDF data indicated that there 
were no known cases in which an Israeli soldier on duty had ever been 
killed by stone-throwing during the Intifada (see Section 1.a.).
    IDF fire killed or injured a number of innocent bystanders, 
including journalists and Palestinian civilians, when they fired into 
crowds at demonstrations (see Sections 1.a. and 2.a.). Palestinian 
medical groups estimated that approximately 10 percent of the injuries 
will result in permanent disabilities, and another 10 percent will 
require medical rehabilitation (see Section 5).
    Israel obstructed the movement of and occasionally fired upon 
medical personal and ambulances. During the year, the PRCS stated that 
IDF soldiers and settlers committed 44 attacks against PRCS ambulances. 
The PRCS also reported that IDF soldiers and Israeli settlers injured 
63 PRCS emergency personnel in attacks. The Government of Israel stated 
that it has ordered soldiers to refrain from interfering with the 
provision of medical services, and to allow ambulances and medical 
personnel to pass through checkpoints, and had provided this 
information to soldiers. The Government of Israel further stated that 
Palestinians had used ambulances to transport arms, and that soldiers 
must balance these security considerations with humanitarian concerns.
    On January 27, a female Palestinian paramedic employed by the PRCS 
carried out a suicide bombing in central Jerusalem, killing herself and 
1 Israeli while injuring more than 100 others. It was not known whether 
she used her credentials as a paramedic to aid her access into Israel.
    On March 4, an Israeli tank fired on a PCRS Ambulance in Jenin, 
killing the local head of the Emergency Medical Service.
    On March 27, IDF soldiers stopped a PRCS Ambulance south of 
Ramallah and reported finding a wanted man and an explosive belt inside 
the vehicle. PRCS officials claimed the belt was planted in the 
ambulance.
    During the Intifada, the IDF also used excessive force in 
responding to a number of incidents at checkpoints (see Section 1.a.).
    Israeli soldiers placed Palestinian civilians in danger by ordering 
them to facilitate military operations, which exposed them to live fire 
between armed Palestinians and Israeli soldiers. Since the beginning of 
the Intifada, IDF soldiers have ordered Palestinian civilians to enter 
buildings to check whether they were booby-trapped; to expel their 
occupants; to remove suspicious objects from the road; and to walk in 
front of soldiers to protect them from gunfire. For example, IDF 
officials acknowledged that on August 14, IDF soldiers in the West Bank 
village of Tubas forced 17-year-old Palestinian Nidal Abu M'khisan at 
gunpoint to approach a house containing a suspected terrorist and 
demand him to surrender. The Palestinian, Nasser Jarrar, subsequently 
shot and killed M'khisan, apparently thinking he was an IDF soldier. In 
August seven human rights organizations, including B'tselem, petitioned 
the Israeli High Court of Justice and obtained an injunction against 
the use of Palestinians as ``shields'' for Israeli forces. Israel 
admitted the use of such practices, in violation of existing 
procedures, and reiterated that IDF forces ``are absolutely forbidden 
to use civilians of any kind as a means of 'living shield' against 
gunfire or attack by the Palestinian side, or as 'hostages.''' However, 
B'tselem reported that IDF soldiers instead could employ the ``neighbor 
procedure,'' using consenting civilians to enter homes and buildings 
ahead of soldiers. Israel claimed that Palestinians who agreed without 
coercion to enter homes for the IDF were not being exploited. Human 
rights groups asserted that Palestinians who agreed to assist such 
operations often did so out of fear of the soldiers even if they are 
not directly coerced. Palestinians who took part in such operations 
without being harmed still faced the risk of being branded as 
collaborators and risked being attacked by other Palestinians.
    Israel also placed civilians in danger by occupying Palestinian 
homes and using them as military bases, including at times, during 
operations designed to eliminate terrorist infrastructure. The 
occupation of the home turns it into a military target, and forcing 
residents to remain inside puts them in unnecessary danger. For 
example, on January 21 IDF forces raiding Tulkarm took over the house 
of Ali Tawfiq al-Shurati, made it a military position, and locked Ali's 
wife and five children in a ground floor apartment for 24 hours.
    The IDF fired tank rounds, as well as rockets from helicopters and 
military aircraft, on targets in cities and towns in the West Bank and 
Gaza during operations undertaken in response to attacks on Israeli 
soldiers, settlers and other civilians (see Section 1.a.).
    Israeli forces demolished the homes of the families and relatives 
of those convicted of or suspected of committing terror attacks, 
effectively punishing innocent Palestinians not implicated in the 
attacks. Israel's demolitions left hundreds of Palestinians not 
directly implicated in the attacks homeless. During the year, Israel 
demolished 114 Palestinian homes, compared to 8 in 2001. The numbers of 
such demolitions increased as Israel re-occupied areas previously under 
exclusive PA control and gained access to such homes.
    Israel's extensive curfews on Palestinian towns punished entire 
innocent populations. During the year, Israel demolished 114 
Palestinian homes, compared to 8 in 2001. Israel's demolitions left 
hundreds of Palestinians not involved in terror attacks homeless. The 
curfews affected every aspect of life for Palestinians, damaging 
livelihood and causing food shortages. During Operation Defensive 
Shield in March and April, 800,000 Palestinians were prevented from 
leaving their homes for 2 weeks. The village of al-Walaja remained 
under constant curfew from April 2 to May 10. During the start of 
Operation Determined Path, which was ongoing at the end of the year, 
extensive curfews were still in place. For example, the city of Nablus 
was under curfew for 96.5 percent of time from June 18 to September, 
according to a report by the World Bank. All major Palestinian cities 
were also under curfew at varying times during this period. Qalqilya, 
which experienced the least curfew hours of major Palestinian cities 
during this period, was under curfew for 40.2 percent of the time. The 
Israeli government's sustained imposition of internal and external 
closures and curfews in the West Bank and Gaza during the year severely 
impacted Palestinian society and economy, contributing to shortages of 
basic food, water, and the provision of medical care and supplies.
    The external and internal closures contributed to increased 
unemployment and poverty in the occupied territories. Approximately 
125,000 West Bank and Gaza workers, representing roughly 20 percent of 
the Palestinian work force, depended on day jobs in Israel, Israeli 
settlements, and Jerusalem. The closures on Palestinian cities and 
towns also impeded Palestinians from reaching jobs or markets in the 
occupied territories and disrupted internal and external trade. 
Closures and the destruction of large swathes of Palestinian-owned 
agricultural land and economic infrastructure by the IDF and settlers, 
contributed to an adjusted unemployment rate of approximately 44 
percent. Closures particularly isolated and hurt the roughly 200,000 
Palestinians who lived in rural villages. Rural villages rarely were 
self-sustaining communities and did not have the full range of 
services--such as medical care, education, or municipal provision of 
water--that larger urban areas had, increasing their isolation when 
community members were not able to travel outside the area to obtain 
access to services and provisions. Other rural villages under full 
Israeli control were further isolated from major Palestinian population 
centers.
    The ICRC and various medical organizations stated that the 
prolonged closure of Palestinian cities significantly obstructed the 
delivery of medical care and prevented patients from passing through 
checkpoints, in some cases even when urgent treatment was critical to 
life and death. Since the beginning of the Intifada at least 34 persons 
died as a result of delays in, or prohibition from, crossing 
checkpoints to reach medical care. During the year, 12 died because of 
such delays. The closures made it impossible for most patients living 
outside large cities who need repeated medical treatment, such as 
dialysis or physical therapy, to reach medical centers on a regular 
basis. The PRCS stated that more than one-third of Palestinians who 
were injured in the Intifada required some type of physical 
rehabilitation and at least ten percent have permanent disabilities. 
Medical professionals noted that many Palestinians delayed all but 
emergency medical care because of the restrictions and economic 
conditions. Preventative treatment, such as vaccinations, antenatal and 
postnatal care, and family planning in most cases were postponed; and 
the number of births at home, in ambulances, and at checkpoints 
increased significantly. Medical observers noted that as the Intifada 
continued, the negative consequences would continue to have a 
significant impact on public health.
    On January 21, Ra'ed Sabri Ibrahim Sruji, a 46-year-old Palestinian 
from the Tulkarm refugee camp and a diabetes patient suffering from 
kidney failure, was on his way to the hospital in Nablus when the 
ambulance he was in was detained at the Deir Sharaf checkpoint for 3 
hours. He died due to lack of prompt treatment.
    Closures and curfews also have affected the provision of emergency 
medical care. Israeli security services stopped and searched all 
ambulances at each checkpoint, which frequently added life-threatening 
delays in reaching hospitals, due to the fact that some had to use 
substandard local roads when denied access through any of the 
checkpoints. Israeli security forces often impeded the provision of 
medical assistance to Palestinian civilians by strict enforcement of 
internal closures, which contributed to at least 14 deaths. The PCRS 
reported that its average response time to emergency calls in ``outer 
city'' areas is 40 to 50 minutes, compared to a past average of 10-15 
minutes. The PRCS also reported that Israel denied it access to outer 
city areas altogether 70 percent of the time.
    Israeli soldiers frequently harassed and abused Palestinian 
emergency services staff at the checkpoints (see Section 1.c.). The 
closures also significantly impeded the ability of medical staff to 
reach work.
    Israel regularly transferred Palestinians arrested in the occupied 
territories to prisons and detention facilities in Israel (see Section 
1.d.).
    Palestinian terrorist groups used minors to prepare attacks or 
carry them out. These youths were recruited to throw pipe bombs, plant 
explosives, and carry out suicide attacks.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Israeli government generally 
respected freedom of speech in some areas in the occupied territories; 
however, it imposed censorship and prohibited public expressions of 
anti-Israeli sentiment and of support for Islamic extremist groups. 
Three journalists covering clashes between Palestinians and Israeli 
security forces, including some who were clearly identified as 
noncombatants, were killed by IDF fire and at least five others were 
injured. IDF soldiers routinely harassed and occasionally detained 
Palestinian and other journalists covering stories in the West Bank and 
Gaza. Israel frequently denied journalists travel permits and revoked 
or delayed issuing press credentials, all of which amounted to de facto 
censorship. The IDF moderately to extensively damaged radio and 
television stations and newspaper offices in Ramallah during the 
Israeli incursion in March and April. During the year, Israel raided a 
newspaper's premises.
    During the year, the Israeli government continued to enforce 
selectively its standing prohibition on the display in Jerusalem of 
Palestinian political symbols, such as flags, national colors, and 
graffiti. Such displays were punishable by fines or imprisonment. 
Israeli enforcement of existing censorship regulations remained 
stringent regarding press coverage of the Intifada. Israeli authorities 
monitored Arabic newspapers based in East Jerusalem for security-
related issues, and newspapers sometimes were ordered to halt 
publication of stories about the security situation until the 
information first appeared in the Israeli media. Military censors 
reviewed Arabic publications for material related to the public order 
and security of Israel. Reports by foreign journalists were subject to 
review by Israeli military censors for security issues, and the 
satellite feed used by many foreign journalists was monitored. In 
periods of heightened security, the Israeli government often closed 
areas to journalists when it imposed a curfew or closure. Israeli 
authorities denied entry permits to Palestinian journalists traveling 
to their place of employment in Jerusalem during closures of the 
territories, and the journalists had difficulty renewing their Israeli 
issued press credentials (see Section 2.d.).
    The IDF required a permit for Palestinian publications sold in 
areas of the occupied territories under its control. Publications may 
be censored or banned for content considered anti-Semitic or anti-
Israeli. Possession of banned materials was punishable by a fine and 
imprisonment. The Israeli government prohibited the delivery and 
distribution of publications, including newspapers, in the Gaza Strip 
on the Jewish holiday of Yom Kippur (when import of any item is 
prohibited) and on numerous other occasions when the closure of the 
Gaza Strip was particularly tight. On several occasions during the 
year, usually following terrorist incidents, the Israelis banned 
Palestinian daily newspapers from entering Gaza. However, during such 
periods, Israeli newspapers were allowed into Gaza. During internal 
closures, the Israeli government also occasionally blocked the delivery 
of Palestinian daily newspapers to Palestinian cities in the West Bank.
    Israeli soldiers sought out and destroyed Palestinian media outlets 
during operations in the West Bank. Most local Palestinian radio and 
television stations went off the air or scaled back their broadcasts 
because of damage done by the Israeli army. On January 19, the IDF 
detonated explosives in the main building of the Palestinian 
Broadcasting Corporation (PBC) in Ramallah, severely damaging the 
building and destroying equipment. The Israeli government singled out 
PBC for broadcasting material deemed to be anti-Semitic or that incited 
violence. On April 2, Israeli soldiers took over the building housing 
al-Quds Educational Television in Ramallah and occupied it for 20 days, 
during which they destroyed a studio, cameras, computers, videos and 
satellite receivers, and sprayed graffiti on the walls.
    Israel also harassed Palestinian media organizations. In April IDF 
soldiers occupied the broadcasting station of a Palestinian cable 
outlet in Ramallah, interrupted its broadcasting, and transmitted 
pornography to area residents. On October 6, Israeli forces raided the 
facilities of al-Ayyam newspaper in Ramallah. The newspaper reported 
that Israeli forces stormed the building after midnight, forced all 
employees into one room and searched the premises for 2 hours.
    During the year, three journalists were killed. On March 13, 
Israeli gunfire killed Raffaele Ciriello, special correspondent in 
Ramallah of the Italian daily Corriere della Sera. On July 12, in 
Jenin, Israeli gunfire killed Palestinian photographer Imad Abu Zarha. 
On August 23, the Israeli army denied all responsibility, stating that 
there was no proof of any firing at the journalists. Journalist and 
press groups rejected Israeli claims. On September 21, Voice of 
Palestine journalist Issam Hamza Tillawi was shot in the back of the 
head as he was reporting on a Palestinian demonstration in Ramallah.
    On September 25, the Paris-based organization Reporters Sans 
Frontieres (RSF) released a statement expressing concern over 
journalists injured by Israeli forces. The organization noted 46 cases 
of journalists who had been injured by gunfire, nearly all from Israeli 
sources since the beginning of the Intifada. Several of those shot, 
mostly Palestinians, were seriously injured, even though some were 
clearly identifiable as journalists and standing apart from clashes 
when hit (see Section 1.g.).
    Israel confiscated journalists' press cards and equipment on 
several occasions. On April 6, Israeli authorities deported Jasim 
Azzawi of Abu Dhabi Television, who was on a special assignment. 
Azzawi, who is an American citizen, filed an affidavit on April 4 at 
the U.S. Consulate in Jerusalem stating that he was summoned to the 
Israeli government Press Office and was told that the Prime Minister's 
office decided to revoke his press credentials and expel him for 
alleged inflammatory reporting. On April 9, Israeli troops in Bethlehem 
threatened TV Tokyo reporter Yuzuru Saito and confiscated a tape from 
his cameraman and from French cameraman Vincent Benhamou.
    On several occasions, Israel detained and questioned journalists. 
On April 24, Israeli troops in the West Bank detained Reuters cameraman 
Mazen Da'na and Hussam Abu Allan, a photographer for Agence-France 
Presse.
    The PA restricted freedom of speech and freedom of the press. 
During the year, the PA limited free expression, particularly regarding 
human rights and alleged security issues. Press freedom is subject to a 
1995 press law that does not protect the press adequately. PA security 
services closed media outlets, banned publications or broadcasts, and 
periodically harassed or detained members of the media (see Section 
1.d.). Palestinian commentators and human rights groups stated that, as 
a result, journalists practiced self-censorship.
    On August 27, the PA supported the Palestinian Journalists' 
Syndicate in the Gaza Strip to bar journalists from photographing 
Palestinian children wearing military uniforms and carrying weapons.
    On April 1, Palestinians threatened journalists working for the 
Associated Press, Reuters, and Palestine TV in Bethlehem and forced 
them to hand over footage, shot the night before, of the body of an 
alleged Palestinian collaborator who had been shot in a parking lot.
    There were three Palestinian dailies and several Palestinian weekly 
newspapers. There also were several monthly magazines and three 
tabloids.
    In addition to the official Palestinian Broadcast Corporation 
television and radio, also known as Voice of Palestine, there were 
approximately 20 independently owned televisions stations and 9 radio 
stations in the West Bank.
    The Internet was available widely.
    Israeli-imposed closures, curfews, and military actions severely 
restricted academic freedom by disrupting the operations of West Bank 
and Gaza schools, colleges, and universities during the year. Students 
and staff at all educational levels had difficulty traveling to and 
from educational facilities because most areas were under some form of 
internal closure for the entire year. In addition, Israeli forces 
imposed curfews on many Palestinian areas, some for 24 hours a day, for 
extended periods (see Sections 2.d. and 5). Students from Gaza were 
unable to reach West Bank universities since early October 2000, when 
Israel closed the safe passage route between Gaza and the West Bank. 
Both Bir Zeit University in Ramallah and An-Najah University in Nablus 
were unable to open for the fall semester: Bir Zeit due in large part 
to a roadblock preventing access to the school, and An-Najah due to an 
almost continuous curfew in Nablus since midsummer. Israeli shelling 
and gunfire during military operations consequently damaged a number of 
schools in the West Bank and Gaza.
    In March, the IDF relocated a roadblock in al-Khader village 
blocking access to the Hope Flowers School. Hope Flowers was the only 
Palestinian school in the West Bank that employed a curriculum 
emphasizing democracy and coexistence. After repeated requests by 
foreign governments and other interested parties, Israel repositioned 
the roadblock to facilitate access to the school. The sniper position 
that overlooked the roadblock remained in place at year's end.
    The PA generally had authority over all levels of education in the 
West Bank and Gaza Strip, and it controlled the budgets of all public 
colleges. During the year, the PA did not interfere with education in 
the West Bank and Gaza Strip.

    b. Freedom of Peaceful Assembly and Association.--The Israeli 
government placed severe limits on freedom of assembly for Palestinians 
in the occupied territories, largely through the imposition of internal 
closures and curfews (see Section 2.d.). Israeli military orders banned 
public gatherings of 10 or more persons without a permit. After the 
1993 signing of the Declaration of Principles, Israel relaxed 
enforcement of this rule, except in cases of Palestinian demonstrations 
against land seizures or settlement expansions. However, extensive 
curfews during the year made assembly of any kind impossible in most 
major Palestinian cities. Those Palestinians who chose to take part in 
even peaceful demonstrations often did so only by breaking curfew 
restrictions and IDF prohibitions against demonstrations.
    Israeli security forces killed scores of Palestinians and injured 
several thousand during demonstrations and other often violent clashes 
(see Sections 1.a. and 1.c.). The Israeli and Palestinian authorities 
regularly disputed whether Palestinians fired at security forces during 
such demonstrations. The PA and individual Palestinians stated that 
Israeli security forces often resorted to live fire even when 
Palestinian did not shoot at them first. In 2001 the IDF changed its 
definition of ``life-threatening'' situations to include stone-throwing 
in some cases.
    The PA imposed some formal limits on freedom of assembly; however, 
while it required permits for rallies, demonstrations, and large 
cultural events, these permits rarely were denied. In Gaza police 
approval was required for political meetings at several specific large 
meeting halls. Written permission also was required for buses to 
transport passengers to attend political meetings. In West Bank cities, 
the PA required permits for outdoor rallies and demonstrations and 
prohibited calls for violence, displays of arms, and racist slogans, 
although this rarely was enforced.
    The Israeli government placed severe restrictions on freedom of 
association in East Jerusalem. In 2001 Israeli forces closed Orient 
House, the preeminent Palestinian political institution in Jerusalem, 
and consequently other East Jerusalem institutions located in Orient 
House, including: The Chamber of Commerce, the Land Research Center, 
the Higher Council for Tourism, a women's center, a prisoner's rights 
society, and a historical preservation group. The Israeli police 
arrested a number of Palestinians and foreign nationals during protests 
calling for the reopening of Orient House. The closings were part of 
the Government's response to a suicide bombing in Jerusalem; the 
Government stated that it closed Orient House because it was engaged in 
political activity in violation of the Interim Agreement. At year's 
end, Orient House remained closed.
    On February 6, the Israeli police closed the Multi-Sectoral Review 
Project, an EU-funded project dedicated to surveying development needs 
in East Jerusalem. Israel claimed that the project was linked to the 
PA, which was not permitted a presence in East Jerusalem under the 
terms of the Oslo Agreement. The same day, police closed the Land 
Research Center. On June 5, the police closed the East Jerusalem 
offices of the Federation of Palestinian Chambers of Commerce. On July 
9, police closed the office of Al-Quds University President Sari 
Nusseibeh; Nusseibeh was able to reopen his office a few days later 
after signing a pledge to not use his office for activities relating to 
his separate role as PLO Political Commissioner for Jerusalem Affairs. 
On September 20, the Israeli police closed the offices of the Jerusalem 
Cultural Association and the Union of Sports Clubs.
    The PA placed some limits on freedom of association; however, the 
PA permitted Palestinian charitable, community, professional, and self-
help organizations to operate.
    The armed wings of HAMAS, PIJ, and other Palestinian opposition 
groups remained outlawed. While it was not illegal to belong to other 
components of these groups, during times of heightened security, the PA 
detained members of these other components (see Section 1.d.).

    c. Freedom of Religion.--Israeli law provides for freedom of 
worship, and the Government generally respected this right in practice 
in the occupied territories. Israel did not ban any group on religious 
grounds, and permitted all faiths to operate schools and institutions.
    Religious publications in East Jerusalem were subject to the 
Publications Laws, including prohibition against the publication of 
sermons that incite violence against Israelis or against the State of 
Israel. However, Israel's imposed closure of the West Bank and Gaza, 
including the internal closure that severely restricted travel between 
towns and cities within the occupied territories, significantly impeded 
freedom of worship for Muslims and Christians. Israeli closure policies 
prevented tens of thousands of Palestinians from reaching their places 
of worship in Jerusalem and the West Bank, including during religious 
holidays such as Ramadan, Christmas, and Easter. On numerous occasions, 
the Israeli government prevented worshippers under the age of 45 from 
attending Friday prayers inside the Haram al-Sharif. The Israeli 
government stated that such actions were necessary for security 
reasons.
    During the year, the Government of Israel's continued closure 
policy prevented a number of Palestinian religious leaders (both Muslim 
and Christian) from reaching their congregations. In March 2001, the 
Israeli government pledged to create a ``hot line'' to facilitate the 
movement of clerics through checkpoints; however, at year's end, it had 
not done so. In previous years, several clergymen reported that they 
were subject to harassment at checkpoints.
    The PA has no law that specifically protects religious freedom; 
however, the PA generally respected religious freedom in practice.
    The PA required individuals to be at least nominally affiliated 
with some religion. Religion must be declared on identification papers, 
and all personal status legal matters must be handled in either Shari'a 
or Christian ecclesiastical courts. Islam is the de facto official 
religion of the PA, and its Islamic institutions and places of worship 
received preferential treatment. The PA had a Ministry of Waqf and 
Religious Affairs that paid for the construction and maintenance of 
mosques and the salaries of many Palestinian imams. The Ministry also 
provided some Christian clergymen and Christian charitable 
organizations with limited financial support. The PA did not provide 
financial support to any Jewish institutions or holy sites in the 
occupied territories.
    The PA required that religion be taught in PA schools. There were 
separate classes for Muslim and Christian students. In 2001 the PA 
implemented a compulsory curriculum that required the study of 
Christianity for Christian students in grades one through six.
    For a more detailed discussion see the 2002 International Religious 
Freedom Report.

    d. Freedom of Movement Within the Occupied Territories, Foreign 
Travel, Emigration, and Repatriation.--During the year, the Israeli 
government severely restricted freedom of movement for Palestinians, in 
response to the continuing violence of the Intifada. During the year, 
most Palestinians from the West Bank and Gaza were prohibited from 
entering Israel, and the IDF instituted a massive network of 
checkpoints and roadblocks across the occupied territories, which 
impeded the movement of people and goods between Palestinian cities, 
villages, and towns. Numerous cities were placed under strict curfews 
that ran for weeks and even months. During the year, the restrictions 
on movement were the most severe that Israel had imposed since it 
occupied East Jerusalem, the West Bank, and Gaza in 1967.
    Since March 1993, Israel has required that all West Bank and Gaza 
residents obtain permits to enter Israel and Jerusalem. However, Israel 
often denied applicants permits with no explanation and did not allow 
effective means of appeal. Palestinian officials with VIP passes, 
including PA cabinet officials and members of the Palestinian Council, 
regularly have been subjected to long delays and searches at Israeli 
checkpoints in the West Bank, despite the fact that they were traveling 
on special passes issued by the Israeli government. During the year, 
this practice increased markedly, severely restricting PA officials 
from conducting administrative functions and implementing reform.
    Even in periods before the Intifada, Palestinians in the West Bank 
and Gaza Strip found it difficult to obtain permits to work, visit, 
study, or obtain medical care in Israel. Israeli authorities permitted 
only a small number of Gazans to bring vehicles into Israel and 
sometimes did not permit West Bank vehicles to enter Jerusalem or 
Israel. Except for senior PA officials, Palestinians of all ages 
crossing between the Gaza Strip and Israel were not permitted to travel 
by automobile across the main checkpoint. Instead they were forced to 
travel along a narrow walkway almost a mile long. Israelis moving into 
and out of the Gaza Strip were permitted to use their automobile. 
Israeli regulations prohibited Palestinian residents of Jerusalem from 
entering the West Bank, although this ban only intermittently was 
enforced. Israeli authorities also required that these Palestinian 
residents provide written notice to the Israeli government if they 
intended to travel to the Gaza Strip; however, provision of such notice 
did not ensure that the Government would permit the travel.
    Since 1993 Israel applied varying levels of ``closure,'' or 
enhanced restrictions, on the movement of Palestinians and their goods, 
often for lengthy periods, in response to Palestinian terrorist attacks 
and other changing security conditions. The Government of Israel 
imposed a tightened version of closure, called ``comprehensive, 
external closure'' during periods of violent protest in the West Bank 
or Gaza, or when it believed that there was an increased likelihood of 
such unrest. Comprehensive closures also were instituted regularly 
during major Israeli holidays and during some Muslim holidays. During 
such closures, the Israel government cancelled travel permits and 
prevented Palestinians--even those with valid work permits--from 
entering Israel or Jerusalem. During comprehensive closures, the 
authorities severely restricted the movement of goods between Israel 
and the occupied territories and between the West Bank and Gaza. Due to 
the ongoing unrest, Israel imposed strict and consistent external 
closure throughout the year, compared with 210 days in 2001 and 88 days 
in 2000.
    During periods of unrest in the West Bank and Gaza, in the 
aftermath of terrorist attacks, or during military exercises, the 
Israeli government prohibited travel between towns and villages within 
the West Bank. These ``internal'' closures cut off the flow of goods, 
including food and fuel, and restricted the movement of persons. During 
the year, Israel expanded internal closures further, sometimes in 
response to specific acts of violence and sometimes as a preventive 
measure imposed on entire cities and towns. The internal closures were 
even more severe when Palestinians were prohibited from using primary 
roads and physical barricades close off many secondary roads.
    The Israeli government further constrained the movement of 
Palestinians and goods in the West Bank and Gaza by imposing total 
closures on specific areas or villages, sometimes for weeks at a time, 
and by intermittently closing the Gaza Airport and the Allenby and 
Rafah crossing points to Jordan and Egypt. Israel also consistently 
imposed curfews in some areas, often for extended periods. During the 
curfews, Palestinians generally were confined to their homes for all 
but a few hours per week during which they were allowed to buy food and 
other provisions.
    The prolonged closures and curfews imposed by the Government of 
Israel on Palestinian cities and towns during the year had a severely 
negative impact on every sector of the Palestinian economy. They 
impeded Palestinians from reaching jobs or markets and disrupted 
internal and external trade (see Section 1.g.).
    The prolonged closure also seriously impacted students' ability to 
attend school and university (see Sections 2.a. and 5.). The Government 
of Israel stated that they were necessary security measures (see 
Section 1.g.).
    Israel carried out policies of strict curfews and closures that 
directly punished innocent civilians. The IDF delayed or prohibited 
ambulances from crossing checkpoints (see Section 1.g.). In 1998 the 
Israeli government established a ``continuous employment program'' that 
allowed selected Palestinian workers who were approved by the Ministry 
of Defense, married, over 28-years-old, and worked in Israel for a long 
period of time, to enter Israel to work even in the event of a 
tightened closure. During the year, the program was not implemented.
    The Israeli government required all Palestinian residents to obtain 
permits for foreign travel and restricted the travel of some political 
activists. Bridge-crossing permits to Jordan may be obtained at post 
offices without a screening process.
    Palestinians who live in East Jerusalem, which Israel occupied 
during the 1967 War, generally have chosen not to accept Israeli 
citizenship, choosing instead to seek a residence permit or Jerusalem 
identification card. Israel applied the 1952 Law of Permanent Residency 
and its 1974 amendments to Jerusalem identification card holders. The 
law stipulates that a Jerusalem resident loses the right of residence 
if he or she leaves Israeli territory for more than 7 years, acquires 
the nationality of another country, or acquires permanent residence in 
another country. Such persons are permitted to return only as tourists 
and sometimes are denied entry. The Government of Israel government 
does not apply these same restrictions to Israeli citizens.
    In 2000 the Israeli Ministry of Interior published new instructions 
regarding residency rights in Jerusalem. According to these 
instructions, residents of Israel whose identity cards had been revoked 
since 1995 and who returned to live in Israel since 1998 and had 
maintained ``an appropriate connection'' were entitled to restoration 
of their identity cards. Although the new guidelines still permitted 
the revocation of residency in cases in which East Jerusalem 
Palestinians obtained new citizenship or residency rights while living 
abroad, human rights groups reported a significant reduction in such 
revocations.
    Israeli authorities also placed restrictions on family 
reunification. Most Palestinians who were abroad before or during the 
1967 War, or who lost their residence permits for other reasons since 
then, were not permitted to reside permanently with their families in 
Jerusalem or the occupied territories. Foreign-born spouses and 
children of Palestinian residents also experienced difficulty in 
obtaining permission to reside with their family members. For example, 
a Palestinian with a West Bank identification card must apply to the 
Government of Israel for permission to live with his or her Jerusalem-
resident spouse in Jerusalem. In May the Israeli Knesset declared a 
freeze on providing residency permits. At year's end, the freeze 
remained in effect. Palestinians reported delays of several years or 
more before spouses were granted residency permits. The Government of 
Israel occasionally issued limited-duration permits, which must be 
renewed. Renewing the permits may take up to 8 months, a common delay 
that resulted in many Palestinians falling out of status. Palestinians 
also reported extensive delays in registering newborn children with 
Israeli authorities. In practice women with Jerusalem residence rights 
found it more difficult to obtain permission for their spouses to 
reside in Jerusalem than did men, since Israeli security authorities 
considered Palestinian males to be greater security risks.
    The PA issued passports and identification cards for Palestinians 
who resided in the West Bank and Gaza, and the Israeli government 
required residents of the West Bank and Gaza to use their Palestinian 
passports to exit and enter Israel. Bearers of Palestinian passports 
did not need special exit permits from the PA; however, when leaving 
the area via Ben Gurion Airport, the Israeli government required 
Palestinians to obtain permits to transit Israel to reach the airport. 
Since 2001 Israeli authorities rarely granted these requests except in 
humanitarian or special interest cases. Without this permit, travelers 
must depart via land crossings and may experience delays lasting days 
or weeks. Palestinian residents of the West Bank and Gaza were 
prohibited from using the Sheikh Hussein or Arava crossings. As a 
result, most Palestinians could exit and enter the West Bank and Gaza 
only via the Allenby Bridge or Rafah crossing points, which were closed 
completely several times during the year. Internal closures made it 
difficult for Palestinians to reach even these crossing points and 
begin the wait at the border.
    Palestinians who held Jerusalem identification cards, issued by the 
Israeli government, must obtain special travel documents from the 
Israeli government to travel abroad. Human rights groups reported that 
Palestinian residents of East Jerusalem often did not apply for Israeli 
travel documents because they feared that the application might prompt 
a reexamination of their residency status and lead to the revocation of 
their identity cards.
    Upon request the Jordanian government also issued travel documents 
to Palestinians in the West Bank and East Jerusalem. Palestinians who 
wish to travel to Jordan must leave their Israeli identification 
documents with Israeli authorities at the Allenby Bridge. The Israeli 
authorities also required that Palestinians from East Jerusalem obtain 
a special permit to cross the Allenby Bridge, which they must purchase 
from the Ministry of Interior. Restrictions on residency, reentry, and 
family reunification only applied to Palestinian residents of the 
occupied territories.
    The PA generally did not restrict freedom of movement.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    In 1996 Palestinian residents of the West Bank, Gaza Strip, and 
East Jerusalem chose their first popularly elected government in 
elections that generally were free and fair; the 88-member Palestinian 
Legislative Council and Chairman of the Executive Authority were 
elected. PLO Chairman Yasir Arafat won almost 89 percent of the vote in 
a two-person race for Chairman. Approximately 700 candidates competed 
for Council seats. Voters elected Council members to multimember 
electoral districts. As many as 35 of the elected members were 
independent candidates. International observers concluded that the 
election could reasonably be regarded as generally free and fair, 
despite some irregularities. During the year, the Council debated 
numerous draft laws and resolutions. Some members of the Council stated 
that it lacked power in relation to the executive branch. In September 
Arafat issued a decree setting January 20, 2003 as the date for 
elections for Ra'is and the Legislative Council.
    The last municipal elections in the West Bank and Gaza took place 
in 1996, and in September PA officials announced that new elections 
will be held in March 2003. Incumbent municipal officials serve until 
the following elections. In the case of the death or resignation of an 
incumbent, the Ministry of Local government appoints a replacement, 
with the approval of the PA Chairman.
    Most Palestinians in East Jerusalem do not recognize the 
jurisdiction of the Israeli municipality of Jerusalem. While all 
Palestinians with residency permits are eligible, only a very small 
percentage of Jerusalem's Palestinian population voted in the municipal 
council elections. There were no Palestinian residents of Jerusalem on 
the city council. There were 5 women on the 88-member Council, and 1 
woman served in a ministerial-level position.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    During the year, Israel obstructed the movement and activity of 
human rights monitors and NGO workers by imposing strict internal and 
external closures. In many cases, such groups refused to apply for 
special travel permits in order to protest Israel's regulation of their 
activities. Israeli, Palestinian, and international humanitarian and 
human rights NGOs monitored the Israeli government's human rights 
practices in the occupied territories. Some of these organizations were 
critical of the Israeli government's practices and cooperation. The 
Israeli government permitted human rights groups to publish and hold 
press conferences.
    The U.N. Relief and Works Agency (UNRWA) reported increased delays 
for its personnel and vehicles at checkpoints. Other humanitarian 
groups, such as PRCS, faced similar problems.
    During their 2001 seizure of the Orient House, Israeli security 
officials confiscated office equipment, as well as documents belonging 
to the organization and other Palestinian groups in Jerusalem. At 
year's end, the Government of Israel still had not provided 
representatives of the Orient House a full accounting of the documents 
and property seized and Orient House remained closed (see Section 
2.b.).
    Local human rights groups, most of which were Palestinian, and 
several international organizations monitored the PA's human rights 
practices. PA officials usually met with their representatives. Public 
criticism from these groups has been somewhat less forthcoming since 
the outbreak of the Intifada, with several NGOs voluntarily deciding to 
focus their efforts on the Palestinian struggle for basic rights and 
defer comprehensive critiques of the PA's human rights performance. 
During the year, human rights organizations reported that they 
sometimes were denied access to detainees in Palestinian prisons during 
the year (see Section 1.d.). Observers noted that documentation of 
abuses was very limited because victims were hesitant to file or make 
public claims of abuse against PA authorities.
    From April 27 to May 6, the Government of Israel permitted the 
International Labor Organization (ILO) to visit the occupied 
territories, in a period of heightened tension, to assess worker rights 
and the economic situation. The ILO released a report documenting the 
``socioeconomic meltdown'' in the occupied territories and the 
humanitarian and economic crisis of the Palestinians as a result of 
Israeli closures, curfews, and military actions. The report also 
emphasized the sense of ``insecurity in Israel due to suicide 
bombings'' and the impact on the Israeli economy.
    Some PA security organizations, including the General Intelligence 
Organization in the West Bank and the police, appointed officials to 
act as liaisons with human rights groups. These officers met with human 
rights organizations and members of the diplomatic community to discuss 
human rights cases.
    The ICRC operated in the West Bank and Gaza under the terms of 1996 
memorandum of understanding between the ICRC and the PLO. Other human 
rights groups, including the Palestinian Independent Commission for 
Citizens' Rights and the Mandela Institute, regularly visited PA 
prisons and detention centers. During the year, some human rights and 
international humanitarian organizations reported that they 
occasionally encountered delays in obtaining access to detainees in 
Palestinian prisons. PA officials reportedly were less responsive to 
queries regarding the PA's policies toward and treatment of 
collaborators and members of Islamist opposition groups than to queries 
on other detainees (see Sections 1.c. and 1.d.).
    In 2000 Chairman Arafat approved the NGO law, which had been passed 
by the PLC in 1998, and which governs the activities of NGOs and their 
relations with the PA. The PA issued registration certificates for 150 
of the approximately 350 new and existing NGOs that submitted 
applications. The remaining applications still were under review at 
year's end. In a June government reshuffle, the PA Ministry of NGOs was 
downgraded to an agency (see Section 2.d.).

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    Under the complex mixture of laws and regulations that apply to the 
occupied territories, Palestinians were disadvantaged under Israeli law 
and practices compared with the treatment received by Israeli settlers. 
This included discrimination in residency and land use.
    In the Palestinian territories, homosexuals were persecuted by both 
the public and by PA security officers. Homosexuals were subject to 
harassment and physical abuse, and some were arrested. Several 
Palestinians alleged that PA security officers tortured them because of 
their sexual orientation.

    Women.--The law does not explicitly prohibit domestic violence, but 
assault and battery are crimes. There were reports indicating that 
domestic violence increased during the Intifada.
    The problems of rape, domestic violence, and violence related to 
``family honor'' gained greater attention in the Palestinian community 
as a result of a significant effort by Palestinian women's groups; 
however, public discussion generally remained muted. The crimes almost 
exclusively were tied to alleged sexual interactions of female family 
members with men who were not their husbands. This could include rape, 
a sexual encounter with any man except a woman's husband, or being seen 
alone with a male who was not her family member. Honor crimes resulted 
when family members beat or killed women in response to such alleged 
violations of their family's honor. Victims of violence often were 
encouraged by relatives to remain quiet and were punished themselves or 
blamed for the ``shame'' that had been brought upon them and their 
families. Women's groups sought to educate women on these problems, but 
women's rights advocates stated that few resources were available to 
shelter the victims of violence because women's shelters are not 
accepted culturally in Palestinian society. Activists also maintained 
that society was not receptive to providing counseling or outreach 
services to victims of violence, which these advocates saw as more 
widespread than was acknowledged. According to women's groups, there 
was no reliable data on the incidence of violence against women.
    Spousal abuse, sexual abuse, and ``honor killings'' occurred, but 
societal pressures prevented most incidents from being reported and 
most cases were handled within the families concerned, usually by male 
family members. However, there were increasing anecdotal reports from 
women's and humanitarian groups that the incidence of domestic abuse 
rose significantly during the year.
    Rape is illegal and spousal rape is not explicitly prohibited. 
During the year, there were no figures available regarding the extent 
of the problem.
    Palestinian women endured various forms of social prejudice and 
repression within their own society. Due to early marriages, some 
girls, especially in rural areas, did not finish the mandatory level of 
schooling. Cultural restrictions occasionally prevented women from 
attending colleges and universities. Women who married outside of their 
faith, particularly Christian women who married Muslim men, often were 
disowned by their families and sometimes were harassed and threatened 
with death by members of their community. Local officials sometimes 
attempted to convince such women to leave their communities in order to 
protect themselves.
    Before the Intifada began in 2000, a growing number of Palestinian 
women worked outside the home, where they often encountered 
discrimination and occasionally experienced sexual harassment. There 
were no special laws that provide for women's rights in the workplace. 
Women were underrepresented in most aspects of professional life. 
Despite the fact that there is a small group of women who were 
prominent in politics, medicine, law, teaching, and NGOs, women for the 
most part were seriously underrepresented in the decision-making 
positions in these fields.
    Personal status law for Palestinians is based on religious law. For 
Muslim Palestinians, personal status law is derived from Shari'a 
(Islamic law). The varied ecclesiastical courts ruled on personal 
status issues for Christians. In the West Bank and Gaza, Shari'a 
pertaining to women is part of the Jordanian Status Law of 1976, which 
includes inheritance and marriage laws. Under the law, women inherit 
less than male members of the family. The marriage law allows men to 
take more than one wife, although few did so. Women were permitted to 
make ``stipulations'' in the marriage contract to protect them in the 
event of divorce and questions of child custody; however, only an 
estimated 1 percent of women took advantage of this provision, leaving 
most women at a disadvantage in the areas of divorce or child custody. 
Ecclesiastical courts also often favored men over women in divorce and 
child custody cases.
    While there was an active women's movement in the West Bank, 
serious attention has shifted only recently from nationalist 
aspirations to issues that greatly affected women, such as domestic 
violence, equal access to education and employment, and laws concerning 
marriage and inheritance.

    Children.--The PA provides for compulsory education through the 
ninth grade, when children usually reach 15 years of age. However, 
early marriage in certain sectors of society at times prevented girls 
from completing the mandatory level of schooling. Especially in rural 
areas and refugee camps, boys often left school before they reached the 
mandatory age in order to help support their families.
    The internal closure across the occupied territories and extended 
periods of curfew in most major cities significantly impeded the 
ability of both students and teachers to reach educational facilities 
(see Sections 2.a. and 2.d.). In areas under curfew, all classes were 
cancelled.
    Numerous education and health care professionals acknowledged that 
students were badly affected by the violent security situation, which 
interfered with learning and manifested itself in lack of focus, 
nightmares, daytime and nighttime incontinence, and other behavioral 
problems. Closures and curfews impeded school attendance and UNRWA 
reported that 72,000 teacher workdays were lost in the 2001-02 academic 
year. UNWRA reported that test scores in its West Bank and Gaza schools 
dropped dramatically, and dropout rates rose for the first time in a 
decade.
    The PA Ministry of Health provided for children's immunizations. 
The PA insurance program provided basic medical care for children, for 
a small monthly fee.
    Child abuse is not prohibited explicitly by law. Abuse existed but 
was not a widespread problem. Parents or families that failed to 
protect children from abuse may be penalized by law. PA courts may 
provide protections for children in ``difficult situations,'' including 
cases of neglect or abuse. The Ministry of Social Affairs may intervene 
by bringing a case before a court, which would decide how to best 
protect the child. The judge may decide to place a child in an official 
protective institution, or with an alternate family. There was one 
protective institution for children in Gaza and one in the West Bank.
    British Mandate, Jordanian, and military laws, from which West Bank 
and Gaza law is derived, offered protection to children under the Penal 
Code and a new Labor Code passed and published during the year. The new 
Labor Code set a higher minimum age for any employment of children. No 
children 14 or under can work, and children aged 15-18 could be 
employed only for certain types of work and under certain conditions 
(see Section 6.d.). While there was no juvenile court system, judges 
specializing in children's cases generally adjudicated on juvenile 
cases. In cases in which the child was the victim, judges had the 
discretion to remove the child from a situation considered harmful. 
However, the system was not sophisticated in the protection it afforded 
children.
    Palestinians living in East Jerusalem continued to be discriminated 
against in terms of their access to municipal services, compared to 
other residents of Jerusalem. According to the Association for Civil 
Rights in Israel, the Government of Israel and the municipality have 
not kept their pledge to the High Court to build three new infant-care 
clinics in East Jerusalem. In addition East Jerusalem schools remained 
underfunded and overcrowded, and many students were denied an education 
in public schools due to lack of space. In 2001 the Government agreed 
to build 245 new classrooms within the next 4 years in order to 
alleviate this problem; however, no funds were budgeted for that 
purpose. This year's budget included enough funds for 60 new 
classrooms.
    International and domestic NGOs, including UNICEF, Save the 
Children, and Defense for Children International, promoted the rights 
and welfare of children in the occupied territories. There also were 
numerous Palestinian social welfare organizations that focused on 
developing and providing educational, medical, and cultural services to 
children. A number of other groups specialized in addressing the needs 
of children with disabilities.

    Persons with Disabilities.--There was no mandated accessibility to 
public facilities in the occupied territories under either Israeli law 
or Palestinian authority. Many Palestinians with disabilities were 
segregated and isolated from Palestinian society; they were 
discriminated against in most spheres, including education, employment, 
transportation, and access to public buildings and facilities. There 
were approximately 130,000 Palestinians with disabilities in the West 
Bank and Gaza prior to the outbreak of the current Intifada. The 
Health, Development, Information, and Policy Institute estimated that 
one-tenth of the approximately 21,000 Palestinians injured in the 
Intifada will have permanent disabilities.
    Some Palestinian institutions cared for and trained persons with 
disabilities; however, their efforts consistently were under-funded.

Section 6. Worker Rights

    a. The Right of Association.--Labor affairs in the West Bank and 
Gaza came under Palestinian responsibility with the signing of the 
Interim Agreement in September 1995. During the year, labor affairs in 
the West Bank were governed by Jordanian Law 21 of 1965, as amended by 
Israeli military orders, and in Gaza by PA decisions. In 2001 Arafat 
signed a labor law that took effect in January; however, it has faced 
strong resistance from the Palestinian business community. The 
Palestinian law permits workers to establish and join unions without 
government authorization. The previous Israeli requirement that all 
proposed West Bank unions apply for a permit no longer was enforced. 
Following a process to consolidate trade unions in the West Bank, there 
were 12 trade unions. Four trade unions were in Gaza. During the year, 
no unions were dissolved by administrative or legislative action.
    Israeli labor law governs Palestinian workers in Jerusalem. They 
were free to establish their own unions. Although the Israeli 
government restricted unions in Jerusalem from joining West Bank trade 
union federations, this restriction was not enforced. Individual 
Palestinian workers in Jerusalem may belong simultaneously to unions 
affiliated with West Bank federations and the Israeli Histadrut Labor 
Federation.
    West Bank unions were not affiliated with the Israeli Histadrut 
Federation. Palestinians from the West Bank and Gaza who worked in 
Israel or Jerusalem were not full members of Histadrut, but they were 
required to contribute 1 percent of their wages to Histadrut. Their 
partial membership entitled them to limited benefits, including 
compensation in the case of on-the-job injuries, maternity leave, and 
compensation in the case the employer declares bankruptcy. (Full 
members of Histadrut also received health insurance, social security 
benefits, pensions, and unemployment benefits.) Negotiations between 
Histadrut and West Bank union officials to return half of this fee to 
the Palestinian Union Federation were completed in 1996, but funds have 
yet to be transferred. Palestinians from the occupied territories who 
worked in Israel were not permitted to join Israeli trade unions or to 
organize their own in Israel.
    The great majority of West Bank and Gaza unions belonged to the 
Palestinian General Federation of Trade Unions (PGFTU), an estimated 
95,000 to 100,000 workers in the West Bank were members of the PGFTU, 
the largest union bloc, which consisted of 12 trade unions in the West 
Bank and 8 in Gaza. The organization had approximately 46,500 members 
in Gaza. The PGFTU estimated that actual organized membership of dues-
paying members, included approximately 75 percent of all Palestinian 
workers. The PGFTU was involved in the completion of the negotiations 
with Histadrut regarding workers' fees. The reorganization of unions 
under the PGFTU was intended to enable the West Bank and Gaza unions to 
better represent the union members' interests.
    Palestinian unions that seek to strike must submit to arbitration 
by the PA Ministry of Labor. If the union disagrees with the final 
arbitration and strikes, a tribunal of senior judges appointed by the 
PA decides what, if any, disciplinary action is to be taken, such as a 
fine. There are no laws in the occupied territories that specifically 
protect the rights of striking workers. In practice such workers had 
little or no protection from an employer's retribution. During the 
year, there were no reported labor strikes.
    The PGFTU participated in some programs of the International 
Confederation of Free Trade Unions, but was not a member.

    b. The Right to Organize and Bargain Collectively.--A majority of 
workers in the occupied territories were self-employed or unpaid family 
helpers in agriculture or commerce. Only 35 percent of employment in 
the occupied territories historically has consisted of wage jobs. Most 
of this employment has been through the U.N. Relief and Works Agency 
(UNRWA), the PA, or municipalities. Collective bargaining was 
protected. Committees of 3 to 5 members adjudicated Labor disputes in 
businesses employing more than 20 workers. The PGFTU reported one 
strike during the year. Existing laws and regulations do not offer real 
protection against antiunion discrimination.
    There were no export processing zones in the occupied territories, 
although the Gaza Industrial Estate did enjoy free trade access to 
foreign markets. Israeli closures and curfews impeded the right to 
organize and bargain collectively.

    c. Prohibition of Forced or Bonded Labor.--PA law does not prohibit 
specifically forced or bonded labor, including forced and bonded labor 
by children, and during the year there were no reports of such 
practices.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The minimum legal working age in the West Bank and Gaza is 
15 years, and there are special limits governing the conditions of 
employment for juveniles between 15 and 18 years, including 
prohibitions against working at night, under conditions of hard labor, 
or in jobs that require them to travel outside their area of domicile. 
However, in practice many Palestinian children under the age of 15 were 
engaged in some form of work. Most such employment was believed to 
involve work on family farms and in family shops, or as urban street 
vendors. Some employment of children also reportedly occurred in small 
manufacturing enterprises, such as shoe and textile factories. The PA's 
capacity to enforce existing labor laws was limited. It had only 40 
labor inspectors to inspect an estimated 65,000 enterprises. The ILO 
and UNICEF were working with the PA to study the nature and extent of 
the problem and to develop the capacity to enforce and update child 
labor laws.

    e. Acceptable Conditions of Work.--There was no minimum wage in the 
West Bank or Gaza Strip. Prior to the outbreak of the Intifada in 2000, 
which severely disrupted employment patters for the majority of working 
Palestinians, the average wage for full-time workers appeared to 
provide a worker and family with a decent standard of living. The 
majority of Palestinians currently were unemployed or underemployed and 
the standard of living has dropped dramatically over the last 2 years. 
The dependency ratio increased more than 50 percent since the start of 
the Intifada. In 2000 one Palestinian supported 4.3 persons in the West 
Bank and 5.9 persons in Gaza. During the year, those figures reached 
6.9 persons and 9.4 persons, respectively. As wage earners were forced 
to support 50 percent more persons, the standard of living seriously 
deteriorated.
    In the West Bank, the normal workweek was 48 hours in most areas; 
in Gaza, the workweek was 45 hours for day laborers and 40 hours for 
salaried employees. There was no effective enforcement of maximum 
workweek laws.
    The PA Ministry of Labor was responsible for inspecting workplaces 
and enforcing safety standards in the West Bank and Gaza. The 
Ministry's ability to enforce the standard was limited due to lack of 
resources for inspections and other constraints; however, it carried 
out inspections. The Ministry reported that closures, curfews, and 
ongoing Israeli military operations further limited its ability to 
carry out inspections. The Ministry of Labor stated that new factories 
and workplaces met international health and safety standards, but that 
older ones failed to meet such standards. There was no specific legal 
protection afforded workers that allows them to remove themselves from 
an unhealthy or unsafe work setting without risking loss of employment.
    Like all Israeli workers, Palestinians who worked in Israel were 
required to contribute to the National Insurance Institute (NII), which 
provided unemployment insurance and other benefits. Palestinians from 
the West Bank and Gaza were eligible for some, but not all, NII 
benefits. According to the Interim Agreement, Palestinians who worked 
in Israel and Jerusalem benefit from NII in cases of injuries that 
occurred in Israel, the bankruptcy of a worker's employer, and 
allowances for maternity leave.
    There were outstanding cases of Palestinian workers who attempted 
to sue their Israeli employers for non-payment of wages but were unable 
to travel to the relevant courts because they were unable to receive 
the proper permits.

    f. Trafficking in Persons.--Palestinian law does not prohibit 
trafficking in persons; however, there were no reports that persons 
were trafficked to, from, or within the occupied territories.
                              ----------                              


                                 JORDAN

    The Hashemite Kingdom of Jordan is a constitutional monarchy ruled 
by King Abdullah II bin Hussein since the death of his father, King 
Hussein bin Talal. The Constitution concentrates a high degree of 
executive and legislative authority in the King, who determines 
domestic and foreign policy. In the King's absence, a regent, whose 
authority is outlined in the Constitution, assumes many of the King's 
responsibilities. The Prime Minister and other members of the Cabinet 
are appointed by the King and manage the daily affairs of the 
Government. The Parliament consists of the 40-member Senate, appointed 
by the King, and a lower house, the Chamber of Deputies which is 
elected every 4 years. The lower house exerts influence only 
intermittently on domestic and foreign policy issues. The 1997 
parliamentary elections were marred by reports of registration 
irregularities, fraud, and restrictions on the press and on campaign 
materials. The King dissolved Parliament in June 2001 and subsequently 
postponed elections until spring 2003. A new election law enacted by 
the Government in July 2001 increased the size of the lower house from 
80 seats to 104. According to the Constitution, the judiciary is 
independent, and the Government took steps in 2001 to strengthen the 
judiciary's administrative independence. However, in practice, it 
remained susceptible to political pressure and interference by the 
executive.
    General police functions were the responsibility of the Public 
Security Directorate (PSD). The PSD, the General Intelligence 
Directorate (GID), and the military shared responsibility for 
maintaining internal security, and had authority to monitor the 
activities of persons believed to be security threats. Elements of the 
security forces continued to commit human rights abuses.
    Foreign assistance, remittances from citizens working abroad, 
exports of minerals, and, increasingly, revenues from export of 
manufactured goods and tourism were the mainstays of the country's 
economy. The Government made substantial progress in deregulation, 
privatizing state owned companies and opening up to foreign trade and 
investment. As the country makes a transition to a market driven 
economic system, the main economic problems it faced were high 
unemployment and persistent poverty, especially in rural areas. Other 
drags on economic growth included the political uncertainty in the 
region, limited water resources, and the lack of a viable market for 
the country's products in its traditional trading partners in the 
region, particularly Iraq. Economic growth, which has improved in 
recent years after stagnating in the mid-1990s, is only partially 
addressing these problems.
    The Government generally respected the human rights of its citizens 
in some areas; however, there were significant problems in other areas. 
There were significant restrictions on citizens' right to change their 
government. Citizens may participate in the political system through 
their elected representatives in Parliament; however, the King has 
discretionary authority to appoint and dismiss the Prime Minister, 
Cabinet, and upper house of Parliament, to dissolve Parliament, and to 
establish public policy. Other human rights problems included police 
abuse and mistreatment of detainees, allegations of torture, arbitrary 
arrest and detention, lack of transparent investigations and 
accountability within the security services, prolonged detention 
without charge, denial of due process of law stemming from the expanded 
authority of the State Security Court and interference in the judicial 
process, infringements on citizens' privacy rights, harassment of 
members of opposition political parties, and significant restrictions 
on freedom of speech, press, assembly, and association.
    A law enacted by the Government in October 2001 gave the Government 
broad powers to restrict and prosecute journalists and to close 
publications. This royal decree, or temporary law, in the absence of 
Parliament effectively superseded the 1999 amendments to the Press and 
Publications Law, which had reduced somewhat the restrictions in 
previous laws regarding the ability of journalists and publications to 
function and report freely. Significant restrictions continued 
throughout the year. The Government limited academic freedom. In July, 
several professors were dismissed from local faculties, apparently for 
political reasons. The Government imposes some limits on freedom of 
religion, and there was official and societal discrimination against 
adherents of unrecognized religions. The evangelical Christian 
community reported incidents of governmental harassment during the 
year. One foreign Protestant pastor and his family reportedly left the 
country after being harassed by the Government. There were some 
restrictions on freedom of movement. Violence against women, 
restrictions on women's rights, and societal discrimination against 
women were problems. Although there was some evidence that societal 
attitudes toward ``honor'' crimes was improving, the law still allowed 
for reduced punishments for violent honor crimes against women for 
alleged immoral acts. Child abuse remained a problem, and 
discrimination against Palestinians persisted. Abuse of foreign 
domestics was a problem, and child labor occurred on a small scale. 
Jordan 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 during the year.
    The security services promoted a climate of impunity by continuing 
to be reluctant to conduct transparent investigations into allegations 
of wrongful deaths that occurred during police detention in previous 
years. However, in some instances, the authorities were more 
forthcoming.
    In January, a youth from Ma'an died in a hospital while in police 
custody. The Government reported that the boy was arrested for 
violating the privacy of neighbors, and suffered from fatal injuries 
after falling from a roof during flight from the police. Local 
residents said the Government was not truthful about the circumstances 
surrounding the boy's death. This death lead to rioting, the death of a 
police officer, and the injury of six police officers and eight 
rioters.
    In April, a 10-year old boy was killed during an anti-Israeli 
demonstration in the Baqaa refugee camp. Family members claimed he was 
struck by a tear gas canister fired by anti-riot police. The Government 
formed a special committee to investigate the incident and concluded 
that there was no wrongdoing on the part of the Government because the 
boy was struck in the head by an object not fired by police.
    In November, a challenge to government authority by an armed group 
in Ma'an led to the deaths of five persons, including two police 
officers and three militants.
    In August 2001, unknown assailants shot and killed an Israeli 
businessman working in Amman. Two extremist organizations, the Islamic 
Movement of Jordan (``The Group of Ahmed Al Daqamseh'') and the 
previously unknown ``Nobles of Jordan'', claimed responsibility for the 
killing. The Government stated that it had reason to believe the 
killing was criminal and not political in nature. At the end of the 
year, the Government had made no arrests in the case.
    In September 2001 the police provided diplomatic representatives 
with credible information that security forces were not responsible for 
the death of one person and injury of six others during an October 2000 
protest in the Baqaa refugee camp. Protesters continued to maintain 
that police caused the death and injuries.
    According to the Government, several members of the security 
service were remanded for trial in the January 2000 beating death of 
Mar'i Khalil Al-Jahran in a South Shuna police station. There were no 
developments in this matter during the year.
    On February 28, terrorists unsuccessfully attempted to assassinate 
a senior government official and his family with a car bomb. Two 
bystanders were killed by the blast. At the end of the year, the 
Government's investigation of the incident continued.
    In October, USAID official Lawrence Foley was shot and killed in 
front of his home. In December, the Government arrested two suspects, 
who confessed to the act as well as being members of the terrorist 
organization Al Qa'ida. The trial date is set for 2003.
    Women continued to be victims of ``honor killings'' (see Section 
5).

    b. Disappearance.--There were no reports of politically motivated 
disappearances.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law provides prisoners with the right to humane 
treatment and provides prisoners the right to an attorney. However, the 
police and security forces sometimes abused detainees physically and 
verbally during detention and interrogation, and allegedly also used 
torture. Allegations of torture were difficult to verify because the 
police and security officials frequently denied detainees timely access 
to lawyers, despite legal provisions requiring such access. The most 
frequently alleged methods of torture included sleep deprivation, 
beatings on the soles of the feet, prolonged suspension with ropes in 
contorted positions, and extended solitary confinement. Defendants in 
high-profile cases before the State Security Court claimed to have been 
subjected to physical and psychological abuse while in detention. 
Government officials denied allegations of torture and abuse.
    In October, the Court of Cassation considered convicted terrorist 
Raed Hijazi's appeal and remanded the case to the Security Court with 
an order to reconsider the death sentence. Hijazi's sentence stood. In 
January, the State Security Court rejected accused Hijazi's defense 
that his confession was coerced, found Hijazi guilty, and sentenced him 
to death. He had been tried for crimes against the national security. 
In 2000, Syria had apprehended Hijazi, accused of a terrorist plot 
targeting American and Israeli tourists during the millennium 
celebrations, and rendered him to stand trial. According to media 
accounts of the trial, doctors for both the defense and the prosecution 
testified that Hijazi's body showed signs of having been beaten, but 
witnesses, including Hijazi, made contradictory and inconclusive claims 
regarding whether the alleged abuse occurred while he was in Jordanian 
or Syrian custody.
    A number of cases of beatings and other abuse while in police 
custody were reported to human rights activists during the year. Many 
of these reported incidents occurred during April, when there were 
hundreds of anti-Israeli demonstrations throughout the country. In 
April, a local newspaper reporter covering anti-Israeli demonstrations 
in Sweileh claimed that he was detained, threatened and 'manhandled' by 
government security forces (see Section 2.c.). Human rights activists 
believed that there were many incidents that were not documented.
    Police on several occasions used force to disperse demonstrations 
during the year (see Section 2.b.).
    There were no developments in the investigation of the November and 
December 2000 shooting attacks against Israeli diplomats.
    Most prisons met international standards. That said, prisons and 
local police detention facilities were spartan, and on the whole were 
severely overcrowded and understaffed. Human rights groups and 
prisoners complained of poor food and water quality, inadequate medical 
facilities, and poor sanitation in certain facilities. In July 2001 the 
Government passed a temporary law that restricted the types of physical 
force that prison officials may use to subdue prisoners. In 2000 the 
Government opened a new prison facility in an attempt to alleviate the 
problem of overcrowding.
    The Government held some persons who are detained on national 
security grounds in separate detention facilities maintained by the 
GID. The Government held other security detainees and prisoners in 
regular prisons. Conditions in GID detention facilities were 
significantly better than general police detention facilities. While 
security prisoners often were separated from common criminals, 
conditions for such prisoners did not differ significantly.
    Local human rights monitors were allowed to visit prisons, but 
complained that the authorities required them to undertake a lengthy 
and difficult procedure to obtain permission for such visits. The U.N. 
High Commissioner for Refugees (UNHCR) had access to prisoners. With 
some exceptions, the International Committee of the Red Cross (ICRC) 
was permitted unrestricted access to prisoners and prison facilities, 
including GID facilities.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution states 
that ``personal freedom shall be guaranteed'' and that no person may be 
detained or imprisoned ``except in accordance with the provisions of 
the law.'' Under the Constitution, citizens are subject to arrest, 
trial, and punishment for the defamation of heads of state, 
dissemination of ``false or exaggerated information outside the country 
that attacks state dignity,'' or defamation of public officials. 
Criminal laws generally required warrants; however, in most cases 
suspects may be detained for up to 48 hours in the absence of a 
warrant. Police obtained many warrants after making arrests.
    The Criminal Code requires that police notify legal authorities 
within 48 hours of an arrest and that legal authorities file formal 
charges within 10 days of an arrest; however, the courts routinely 
granted requests from prosecutors for 15-day extensions, also provided 
by law. This practice generally extended pretrial detention for 
protracted periods of time. The security forces arbitrarily arrested 
and detained citizens. In cases involving state security, the 
authorities frequently held defendants in lengthy pretrial detention, 
did not provide defendants with the written charges against them, and 
did not allow defendants to meet with their lawyers until shortly 
before trial. Defendants before the State Security Court usually met 
with their attorneys only 1 or 2 days before their trial. In April 2001 
the Parliament passed amendments to the Criminal Code that eliminated 
pretrial detentions for certain categories of misdemeanors.
    The Government detained persons, including journalists (see Section 
2. a.) and Islamists for varying amounts of time for what appeared to 
be political reasons. Human rights sources reported that more than 
1,000 persons were detained for security reasons and subsequently 
released within a short period of time throughout the year. Human 
rights groups reported that there were a smaller number of long-term 
political detainees.
    Local governors had the authority to invoke the Preventing Crimes 
Law, which allowed them to place citizens under house arrest for up to 
one year without formally charging them (see Section 2.d.). House 
arrest may involve requiring persons to report daily to a local police 
station and the imposition of a curfew. Persons who violate the terms 
of their house arrest may be imprisoned for up to 14 days.
    The Government used the threat of detention to intimidate 
journalists into practicing self-censorship. In October 2001, the 
Government adopted a series of amendments to Penal Code provisions 
dealing with the press. Subsequent to the adoption of these amendments, 
there were incidents of detainment and intimidation of journalists (see 
Section 2.a.).
    The Constitution prohibits the expulsion of any citizen, and the 
Government did not routinely use forced exile; however, in June the 
Government attempted to prevent the return of Ibrahim Ghosheh, one of 
four leaders of the terrorist organization HAMAS allegedly expelled in 
1999. In June 2001, Ghosheh arrived unexpectedly from Qatar, and 
immigration authorities at Queen Alia International Airport (QAIA) 
attempted to block his admission to the country. Ghosheh was detained 
at the airport until June 30, when the Government admitted him to the 
country in return for his pledge to cease his HAMAS activities. The 
three other expelled HAMAS leaders remained outside the country at 
year's end (see Sections 1.e. and 2.d.).

    e. Denial of Fair Public Trial.--The Constitution provides for the 
independence of the judiciary, and the Government passed legislation in 
2001 to strengthen such independence; however, the judiciary was not 
independent in practice and remained subject to pressure and outside 
interference. A judge's appointment to, advancement within, and 
dismissal from the judiciary are determined by the Higher Judiciary 
Council, a committee whose members were appointed by the King. In June 
2001 Parliament passed a law intended to give the Council increased 
independent jurisdiction over the judicial branch; previously, the 
Council had been subject to frequent interference and pressure from the 
Ministry of Justice stemming from the Ministry's oversight of the 
council. The new law promoted the independence of the judicial system 
by limiting the Ministry of Justice's administrative control over 
judges. There had been numerous allegations in previous years that 
judges were ``reassigned'' temporarily to another court or judicial 
district to remove them from a particular proceeding. The Government 
claimed that the Higher Judiciary Council's new independence made such 
tampering much more difficult. Despite constitutional prohibitions 
against such actions, judges complained of telephone surveillance by 
the Government (see Section 1.f.).
    The judicial system consists of several types of courts. Most 
criminal cases are tried in civilian courts, which include the appeals 
courts, the Court of Cassation, and the Supreme Court. Cases involving 
sedition, armed insurrection, financial crimes, drug trafficking, and 
offenses against the royal family are tried in the State Security 
Court.
    Shari'a (Islamic law) courts have jurisdiction over marriage and 
divorce among Muslims. Christian courts have jurisdiction over marriage 
and divorce cases among Christians, but apply Shari'a law in 
inheritance cases (see Section 5).
    Most civilian court trials were open. Defendants are entitled to 
legal counsel, may challenge witnesses, and have the right to appeal. 
Defendants facing the death penalty or life imprisonment must be 
represented by legal counsel. Public defenders were provided if the 
defendant is unable to hire legal counsel. According to government 
legal officials, civil, criminal, and commercial courts accord equal 
weight to the testimony of men and women. However, in Shar'ia court, 
the testimony of two women is equal to that of a man's in most 
circumstances (see Section 5).
    The State Security Court consisted of a panel of three judges, two 
military officers and one civilian. Sessions frequently were closed to 
the public. Defendants tried in the State Security Court often were 
held in pretrial detention without access to lawyers, although they 
were permitted to be visited by representatives of the ICRC. In the 
State Security Court, judges have inquired into allegations that 
defendants were tortured and have allowed the testimony of physicians 
regarding such allegations (see Section 1.c.). The Court of Cassation 
ruled that the State Security Court may not issue a death sentence on 
the basis of a confession obtained as a result of torture. Defendants 
in the State Security Court have the right to appeal their sentences to 
the Court of Cassation, which is authorized to review issues of both 
fact and law. Appeals are automatic for cases involving the death 
penalty.
    In September 2001, the Government passed a temporary law that 
removed the right of appeal for defendants convicted of misdemeanors in 
the State Security Court. According to reports, several defendants were 
convicted in the State Security Court without the right to appeal, the 
most notable being Toujan Faisal (see Section 2.a.). King Abdullah 
later pardoned Faisal.
    In the past, defense attorneys have challenged the appointment of 
military judges to the State Security Court to try civilian cases as 
contrary to the concept of an independent judiciary. According to human 
rights activists, military judges appeared to have received adequate 
training in civil law and procedure.
    In the past, the press routinely carried details of cases tried 
before the State Security Court, despite 1998 provisions in the Press 
and Publication Law that prohibited press coverage of any case that was 
under investigation, unless expressly permitted by the authorities. The 
1999 amendments to the Press and Publications Law permitted journalists 
to cover court proceedings ``unless the court rules otherwise.'' There 
was press coverage of trials in the State Security Court during the 
year.
    The Court of Cassation vacated the State Security Court's verdict 
of July 2001, in which the State Security Court had retried and 
sentenced nine men to life imprisonment for their alleged involvement 
in politically motivated bombings in 1998. The July 2001 retrial came 
as a result of credible reports that the initial trial in 1998 was 
flawed, and that the defendant's confessions were made under duress and 
torture. Following the ruling of the Court of Cassation vacating the 
State Security Court verdict, there were no further developments in the 
case.
    In June 2001 the Government permitted one of the four HAMAS leaders 
expelled in 1999 to reenter the country (see Sections 1.d. and 2.d.); 
there were credible reports of executive branch influence with respect 
to the original verdict of expulsion.
    There were no reports of political prisoners; however, the 
Government detained persons for varying periods of time for political 
reasons (see Section 1.d.).

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution requires that security forces obtain 
a warrant from the Prosecutor General or a judge before conducting 
searches or otherwise interfering with these rights, and the security 
services generally respected these restrictions; however, in security 
cases, at times in violation of the law, the authorities obtained 
warrants retroactively or obtain pre-approved warrants. Security 
officers monitored telephone conversations and Internet communication, 
read private correspondence, and engaged in surveillance of persons 
considered to pose a threat to the Government or national security. The 
law permits these practices if the Government obtains a court order. 
Judges complained of unlawful telephone surveillance (see Section 
1.e.).

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 imposed a 
number of restrictions on these rights, and such restrictions increased 
during the year. In October 2001, the Government broadened its 
authority to prosecute journalists and close publications. The 
Government detained and restricted journalists based on the provisions 
of the October 2001 laws.
    The 1998 Press and Publications Law and the 1999 revisions to the 
law, combined with the 1998 Press Association Law, imposed stringent 
restrictions on the operation of newspapers. The Government also 
intimidated journalists to encourage self-censorship. Private citizens 
may be prosecuted for slandering the royal family, the Government, or 
foreign leaders, and for ``sowing sedition.'' Citizens generally did 
not hesitate to criticize the Government openly, but were more 
circumspect in regard to the King and the royal family. The Press and 
Publications Law and the law governing the Jordan Press Association 
(JPA) require membership in the JPA for persons to be considered 
``legal'' journalists or editors, thus potentially excluding dozens of 
practicing journalists from the profession. The Government during the 
year selectively enforced this provision. The JPA used its authority to 
enforce bans on journalists receiving funding from foreign sources or 
having Israeli contacts. In 1999 then-Prime Minister Abdul Raouf 
Rawabdeh issued an order directing government offices to cooperate only 
with JPA members.
    The 1998 Press and Publications Law granted the Government wide 
discretionary powers to issue fines, withdraw licenses, and order 
shutdowns, which enabled it to control the editorial content of 
newspapers. However, the 1999 amendments to the Press and Publications 
Law limited to some extent the Government's discretion to issue fines, 
transferred the power to withdraw licenses to the judiciary, limited 
significantly the Government's power to order shutdowns, and allowed 
journalists to cover court proceedings unless the court ruled 
otherwise. The 1998 Press and Publications Law imposed strict limits on 
publications, which gave the Government very broad leeway to sanction 
publications. According to the 1999 amendments, all publications must 
be licensed by the Government. The law also requires that the editor in 
chief of a newspaper be a citizen who permanently resides in the 
country and to have been a member of the JPA for at least 4 years. This 
last provision reflected a reduction in the requirements of previous 
legislation but placed the burden of regulation on the JPA.
    The Penal Code authorizes the State to take action against any 
person who incites violence, defames heads of state, disseminates 
``false or exaggerated information outside the country that attacks 
state dignity,'' or defames a public official.
    In October 2001, the Government adopted a series of amendments to 
Penal Code provisions dealing with the press. The amendments reinforced 
existing Penal Code restrictions on free speech and allow for the 
prosecution of any person found to have written, published, or aired 
any statements ``harmful to national unity; instigating criminal 
actions; sowing the seeds of hatred and malice; inciting divisions 
among members of society; instigating acts of religious and racial 
fanaticism; insulting the dignity of individuals, their reputation or 
personal freedoms; committing acts of corruption or publishing false 
information or rumors; inciting people to organize strikes or sit-ins, 
or to hold meetings in a manner that violates the law; or committing 
any act considered harmful to the state's reputation and dignity.'' The 
amendments gave the State Security Court the authority to temporarily 
or permanently close any publication or media outlet that published or 
aired any such statements. The Government strengthened provisions 
regarding defamation of the King or Royal Family, providing as 
punishment imprisonment of three years. In addition all violators of 
the new provisions automatically were subject to trial before the State 
Security Court rather than the special press and copyright court.
    Prior to the October 2001 amendments, persons accused of violating 
the Press and Publications Law were tried in a special court for press 
and copyright cases. Journalists also may be prosecuted for criminal 
and security violations in connection with their work. Although a 
substantial number of cases were dismissed before trial, many other 
cases lingered in the courts for years. The Government routinely used 
detention and prosecution or the threat of prosecution to intimidate 
journalists and thereby successfully encouraged self-censorship (see 
Section 1.d.).
    In March former parliamentarian Toujan Faisal was arrested and 
charged with acts of sedition via libel and incitement of violence 
against the Government. On a foreign-based Internet site and on al-
Jazeera, Faisal criticized the Prime Minister and the judicial system 
for corruption. In May the State Security Court and sentenced Faisal to 
one and a half years in prison. Since Faisal was convicted of 
misdemeanors, she had no right to appeal (see section 1.e.). Many 
contended that Faisal's arrest and sentence were the result of a 
political vendetta. In May the King pardoned Faisal and she was 
released in late June.
    On March 18, editor Hashem Khalidi and publisher Tajeddin Hroub of 
the weekly Al-Bilad were detained on the charge of publishing ``false 
news'' following publication of an article in their newspaper.
    In March a foreign NGO reported that a publication of the 
opposition weekly Al Majd was censored by the Government. In September 
Al-Majd claimed that their publication was delayed for one day because 
``security forces'' stopped the printing of the newspaper until 
articles considered ``offensive'' were removed. In January the editor 
of the newspaper, Fahd al-Rimawi had been detained for 2 days and 
charged with publishing false news.
    In April Al-Jazeera correspondent Mahmoud Al Housa was detained for 
3 days, apparently under the provisions of the October amendments. In 
the same month a local newspaper reporter covering demonstrations in 
Sweileh claimed that he was detained, threatened and ``manhandled'' by 
government security forces (see section 1.c.). In August he claimed 
that government authorities seized his passport and threatened him with 
prosecution.
    In August the Government closed indefinitely the local office of Al 
Jazeera and suspended the media credentials of Al Jazeera's local 
correspondents in response to their airing of a talk show segment which 
the Government considered inflammatory and anti-Government.
    In August journalist Mamoun Al Roussan, editor-in-chief of the 
weekly Al Jazeera was arrested and detained for publishing an article 
criticizing Qatari officials. Both Al Roussan and his publisher, Sakher 
Abu Anzeh were detained for a week.
    In November Yasser Abu Hilalah, a columnist for the Al Rai 
newspaper and former correspondent for Al Jazeera, and Samir Abu 
Hilalah, a journalist with Al Arab Al Youm, were released after being 
held for 24 hours. Both were detained after sending information to 
their respective news sources on the unrest between security forces and 
citizens in Ma'an.
    In January 2001, the Government arrested seven members of the Anti-
Normalization Committee, a group that opposes the country's relations 
with Israel, on charges of belonging to an illegal group (see Section 
2.b.). The State Security Court also charged two of the seven with 
possession of explosives and with terrorist activities. The arrests 
followed the publication of the Committee's blacklist, which included 
the names of companies and persons with ties to Israel or Israeli 
businesses. All seven detainees were released on bail while awaiting 
trial. The trials had not yet begun by year's end. The Government also 
filed charges under the Press and Publications Law against two 
journalists, Ma'moun Rousan and Abdel Naser Hourani, for printing the 
blacklist in their publications. At the end of the year, both men were 
still involved in judicial proceedings related to the charges.
    In May 2001, police in Amman arrested journalists Jamal Alawi, and 
Yasser Zaatreh. According to press reports, police forcibly detained 
the journalists during anti-Israeli rallies marking the anniversary of 
the creation of the State of Israel. That same month, police also 
reportedly seized film and cameras from other television journalists. 
Alawi and Zaatreh were released without charge after a brief detention. 
Police reportedly beat Tareq Ayyoub as he attempted to cover political 
demonstrations in Amman (see Section 2.b.).
    In June 2001, police in Zarqa briefly detained five journalists who 
worked for the Associated Press. The reporters were attempting to film 
a memorial service for the suicide bomber involved in the Dolphinarium 
Disco bombing in Tel Aviv. Police released all five after a few hours.
    In July 2001, Senator Jawad Anani claimed that he was forced to 
resign following his publication of an article that was critical of the 
Government. The Government denied any involvement in Anani's decision 
to resign.
    In December 2001 the GID reportedly detained two television 
journalists associated with al-Jazeera for covering a demonstration by 
Islamists in Ma'an. According to the reporters, the GID forced them to 
hand over their video footage and physically abused them while they 
were in custody. Both journalists were released with 24 hours and no 
charges were filed against them.
    The Press and Publications Department continued to enforce bans on 
the publication of a number of books within the country. Although some 
books were banned based on religious objections, anecdotal evidence 
suggests that the number banned for political reasons is higher.
    There were no developments in the January 2000 arrest of Asim Ogla 
Al-Maghayirah, whom authorities accused of affiliation with the banned 
political party Al-Tahrir and of distribution of illegal pamphlets.
    In February 2000, the High Court of Justice dismissed the appeal of 
Nidal Mansour's expulsion from the JPA. In September 2000, the JPA had 
voted to expel Mansour for allegedly receiving foreign funding on 
behalf of the nongovernmental organization (NGO) that he headed (see 
Section 4). As a result of the Court's decision, Mansour was removed as 
editor of the newspaper that he owns.
    The Press and Publications Department continued its April 2000 ban 
on a book of poetry by Ziyad Al-Anani; the book contained a poem that 
reportedly was offensive to Islam (see Section 2.c.).
    Some journalists continued to complain about high taxes on the 
media industry and tariffs on paper, which they claimed led them to 
reduce the size of their publications. They also criticized the 
Government for its policy of advertising predominantly in newspapers in 
which the Government owned shares.
    The Government did not block the entry of foreign publications 
during the year. In January 2000, the Government passed a bill that 
grants foreign media operations ``absolute freedom of expression'' in 
the country. The bill reportedly was passed in order to encourage 
foreign investment. At the time, some commentators criticized the 
Government for passing a bill that offers full autonomy for foreign 
journalists while maintaining laws that restrict freedom of expression 
for local journalists.
    Radio and television news broadcasts were more restricted than the 
print media. The Government was the sole broadcaster of radio and 
television programs. It had commercial agreements with the British 
Broadcasting Corporation, the London-based Middle East Broadcasting 
Center, and Radio Monte Carlo that allow it to simulcast regional 
programs using local radio transmitters. Jordan Television (JTV) 
reported only the Government's position on controversial matters. 
International satellite television and Israeli and Syrian television 
broadcasts were available and unrestricted.
    The GID actively investigated Internet reports of ``crimes against 
the King.'' In March, the Government restored access to two overseas 
websites that it had blocked within the country. There were additional 
reports of government interference with Internet access.
    The Government limited academic freedom. In June, three 
universities dismissed a total of eight professors, most of whom taught 
Shari'a law, without explanation. Most suspected the Saudi-educated 
professors were dismissed because of their political views and/or their 
background. Four of the professors have since been reinstated. During 
the year, sources in the academic community claimed that there was an 
intelligence presence in academic institutions. In 2001 two university 
presidents were pressured to resign because of their political views. 
Some academics claimed that they received frequent threats of 
dismissal.
    During the year, Jordan University continued its policy established 
in March 2000 that granted the president of the University the 
authority to appoint half of it's 80-member student council, including 
the chair. The amendment was viewed widely as an effort to curb the 
influence of campus Islamists. Many students, including non-Islamists, 
objected to the University's decision.

    b. Freedom of Peaceful Assembly and Association.--The Government 
restricts freedom of assembly. Citizens must obtain permits for public 
gatherings. In August 2001 the Government adopted a law that requires 
the organizers of rallies and demonstrations to request permission from 
provincial governors at least 3 days prior to any event. Under the law, 
no protest may be held without the governor's consent and violators 
face imprisonment from 1 to 6 months and a fine not to exceed $4,230 
(3,000 dinars). The Government adopted the law in the absence of a 
sitting Parliament, which the King dissolved in June 2001 (see Section 
3).
    In mid-March, media reports indicated that tear gas was used in 
protests at refugee camps and some protestors were detained; however 
the demonstrations remained peaceful overall.
    On March 22, there were media reports that the Government used tear 
gas to disperse approximately 1,500 protestors in Irbid when they 
attempted to march from a local university to the city's center. The 
demonstrators had been denied a permit to demonstrate by the 
Government. Unconfirmed press reports indicated that some of the 
demonstrators were beaten.
    Despite the restrictions, there were numerous anti-Israeli protests 
and demonstrations throughout the country, especially in April. On some 
occasions in April, police used tear gas, water cannons, and dogs to 
disperse protestors in various areas of Amman and throughout the 
country.
    In May and June, professional associations cancelled demonstrations 
in which they planned, among other things, to burn American goods. The 
cancellations were reportedly prompted by government pressure.
    In June 4 members of the outlawed Liberation Party were sentenced 
to 1 year in prison. Reportedly, the four were arrested while obtaining 
signatures on a memorandum to the Prime Minister that demanded, among 
other things, military aid to the Palestinians.
    In August Saudi religious extremist Sheikh Salman al Awdah was 
detained and deported from the country prior to delivering a scheduled 
speech.
    In March 2001, riot police protecting the Prime Ministry used 
physical force to disperse a sit-in by 25 academics protesting the 
absence of employment opportunities at local universities. No one was 
seriously injured; however, press reports claimed that at least 10 
demonstrators briefly were detained. The Government denied that it 
detained any of the demonstrators.
    In April 2001, organizers canceled a planned march from the 
Shmeisani area of Amman to U.N. offices in the city. According to press 
reports, the governor of Amman refused permission for the event.
    In May 2001, security forces dispersed hundreds of protestors who 
were attempting to stage two rallies in Amman. The Government claimed 
that the rallies were unauthorized and unlawful. Police used tear gas, 
water cannons, batons, and dogs to disperse the demonstrators, 
reportedly injuring between 10 and 30 persons (see Section 1.c. and 
2.a.).
    In July 2001, police and University of Jordan security personnel 
refused to allow students holding an anti-Israeli protest to exit the 
campus. No force was used in the incident.
    The Government restricted freedom of association. The Government 
required and routinely granted approval for conferences, workshops, and 
seminars. Currently, professionals must join their respective 
professional associations.
    The Government routinely licensed political parties and other 
associations. There were 30 licensed political parties. Membership in 
an unlicensed political party was illegal. The Government may deny 
licenses to parties that it decides do not meet a list of political and 
other criteria contained in the Political Parties Law. The High Court 
of Justice may dissolve a party if it violates the Constitution or the 
Political Parties Law.
    In January 2001, security officials arrested seven members of the 
Anti-Normalization Committee, a group that opposes the country's 
relations with Israel, on charges of belonging to an illegal group (see 
Section 2. a.). The State Security Court also charged two of the seven 
persons with possession of explosives and with terrorist activities. 
The arrests followed the publication of the Committee's blacklist, 
which included the names of companies and persons with ties to Israel 
or Israeli businesses. All seven detainees were released on bail while 
awaiting trial. The trials had not yet begun by year's end.
    In October 2001, the Government arrested or detained more than 50 
persons for violating the public gathering laws. Included in the 
October detentions were at least 10 students from Jordan University, 15 
members of the Muslim Brotherhood and its political arm, the Islamic 
Action Front (IAF), and members of extremist groups. The Government had 
released all 50 persons by the end of 2001.

    c. Freedom of Religion.--The Constitution provides for the 
safeguarding of ``all forms of worship and religious rites in 
accordance with the customs observed in the Kingdom, unless such is 
inconsistent with public order or morality.'' Within that 
constitutional framework, the Government imposes some restrictions on 
freedom of religion. The Constitution also states that ``there shall be 
no discrimination'' between Jordanians ``as regards their rights and 
duties on grounds of race, language, or religion.'' However, some 
members of unrecognized religious groups and religious converts from 
Islam faced legal discrimination and bureaucratic difficulties in 
personal status cases.
    According to the Constitution, Islam is the state religion. The 
Ministry of Religious Affairs and Trusts managed Islamic institutions 
and the construction of mosques. It also appointed imams, provided 
mosque staff salaries, managed Islamic clergy training centers, and 
subsidized certain activities sponsored by mosques. The Government 
loosely monitored sermons at mosques and required that speakers refrain 
from criticizing the Royal Family or instigating social or political 
unrest. The Political Parties Law prohibits the use of houses of 
worship for political party activity. The law was designed primarily to 
deny government opponents the ability to preach politically oriented 
sermons in mosques.
    Persons enjoy freedom of belief, and there were no reports that the 
practice of any faith was prohibited. However, the Government does not 
officially recognize all religious groups. Some religious groups, while 
allowed to meet and practice their faith, complained of societal and/or 
official discrimination. In addition, not all Christian denominations 
have been accorded legal recognition as religions. The Prime Minister 
unofficially conferred with an interfaith council of bishops 
representing local churches on all matters relating to the Christian 
community, including the registration of new churches in the country. 
The Government used the following criteria when considering recognition 
of Christian churches as separate official religions: the faith does 
not contradict the nature of the Constitution, public ethics, customs, 
or traditions; the faith is recognized by the Middle East Council of 
Churches; the faith does not oppose the national religion; and the 
group includes some citizen followers.
    Religious institutions, such as churches that wish to receive 
official government recognition, must apply to the Prime Ministry for 
registration. Recognized non-Muslim religious institutions did not 
receive subsidies; they were financially and administratively 
independent from the Government and were tax-exempt. Some churches were 
registered with the Ministry of Justice as ``societies,'' rather than 
churches.
    According to the Government, the role of the State in religious 
affairs is limited to supervision. Groups that have practices that 
violate the law and the nature of society were prohibited; however, 
there were no reported cases of religious groups being banned in 
practice.
    The Government did not recognize the Druze or Baha'i faiths as 
religions but did not prohibit the practice of the faiths. Druze faced 
official discrimination but did not complain of social discrimination. 
Baha'is faced both official and social discrimination. The Government 
did not record the bearer's religion on national identity cards issued 
to Druze or Baha'is. The small Druze and Baha'i communities did not 
have their own courts to adjudicate personal status and family matters; 
such matters are heard in Shari'a courts. The Government did not 
officially recognize the Druze temple in Azraq, and four social halls 
belonging to the Druze were registered as ``societies.'' The Government 
did not permit Baha'is to register schools or places of worship.
    The Government did not recognize Jehovah's Witnesses, the Church of 
Christ, or the Church of Jesus Christ of Latter-day Saints, but each 
denomination was allowed to conduct religious services and activities 
without interference.
    The Government did not interfere with public worship by the 
country's Christian minority. Although the majority of Christians were 
allowed to practice freely, some activities, such as encouraging 
Muslims to convert to the Christian faith were prohibited.
    The Jordan Evangelical Theological Seminary (JETS), a Christian 
training school for pastors and missionaries, had still not been 
accredited by the end of the year. As a result, students and faculty 
from the U.S. and elsewhere wishing to attend JETS were still unable to 
obtain student visas. JETS continued its operations with students 
studying on tourist visas.
    Shari'a prohibits non-Muslims from proselytizing Muslims. 
Conversion to the Muslim faith by Christians was allowed; however, a 
Muslim may not covert to another religion. Muslims who convert to other 
faiths complained of social and government discrimination. The 
Government does not fully recognize the legality of such conversions. 
Under Shari'a, converts are regarded as apostates and legally may be 
denied their property and other rights. However, in practice, this 
principle was not applied. According to the Government, it neither 
encourages nor prohibits apostasy. Converts from Islam do not fall 
under the jurisdiction of their new religion's laws in matters of 
personal status and are still considered Muslims under Shari'a. 
Conversely, converts to Islam fall under the jurisdiction of the 
Shari'a courts. Shari'a prescribes the death penalty for Muslims who 
convert to another religion; however, there is no corresponding statute 
under national law, and such punishment has never been applied.
    Government policy requires that foreign missionary groups (which 
the Government believes are not familiar with the customs and 
traditions of the country) refrain from public proselytizing ``for the 
sake of their own personal safety from members of society that oppose 
such practices.'' The Government has taken action against some 
Christian proselytizers in response to the complaints of recognized 
Christian groups who charge that the activities of these missionaries 
``disrupt the cohesiveness and peace between religious groups in 
society.'' In December, an American pastor asserted that the Government 
harassed him and his wife, and threatened to cancel their residency 
permits. The pastor claimed that the Government intimidation was in 
response to his refusal to verify whether or not Muslims attended his 
church's services.
    In the past, there were some reports of local government officials 
encouraging Christian females involved in relationships with Muslim 
males to covert to Islam to diffuse family or tribal disputes caused by 
the relationship (see Section 5). However, there were no known cases in 
which local officials harassed or coerced persons to convert during the 
year.
    According to the Constitution, religious community trusts 
(``Awqaf'') and matters of personal status, such as marriage, divorce, 
child custody, and inheritance fall within the exclusive jurisdiction 
of the Shari'a courts for Muslims, and separate non-Muslim tribunals 
for each religious community recognized by the Government. There is no 
civil marriage. The head of the department that manages Shari'a court 
affairs (a cabinet-level position) appoints Shari'a judges, while each 
recognized non-Muslim religious community selects the structure and 
members of its own tribunal. All judicial nominations are approved by 
the Prime Minister and commissioned officially by royal decree. The 
Protestant denominations registered as ``societies'' come under the 
jurisdiction of one of the recognized Protestant church tribunals. 
There are no tribunals assigned for atheists or adherents of 
unrecognized religions. These persons must request one of the 
recognized courts to hear their personal status cases.
    During the year, a child custody case was adjudicated through the 
court system (both Shari'a and civil) and custody of two minors who 
were raised as Christian was transferred from their Christian mother to 
her Muslim brother-in-law.
    Shari'a is applied in all matters relating to family law involving 
Muslims or the children of a Muslim father, and all citizens, including 
non-Muslims, are subject to Islamic legal provisions regarding 
inheritance. Men are able to divorce their spouses more easily than 
women are, although a law passed in December 2001 allows women to 
divorce their husbands in Shari'a Court. Since the law went into 
effect, Shari'a courts have granted at least two divorces brought by 
women (see Section 5).
    All minor children of a male citizen who converts to Islam are 
automatically considered to be Muslim. Adult children of a male 
Christian who has converted to Islam become ineligible to inherit from 
their father if they do not themselves convert to Islam. When a Muslim 
converts to Christianity, the act is not recognized legally by the 
authorities, and the subject continues to be treated as a Muslim in 
matters of family and property law, and the minor children of a male 
Muslim who converts to Christianity continue to be treated as Muslims 
under the law.
    Some Christians are unable to divorce under the legal system 
because they are subject to their faith's religious court system, which 
does not allow divorce. Many of these individuals convert to another 
Christian denomination or the Muslim faith in order to divorce legally.
    The Government notes individuals' religions (except for Druze and 
Baha'is, and other unrecognized religions) on the national identity 
card and ``family book'' (a national registration record that is issued 
to the head of every family and that serves as proof of citizenship) of 
all citizens. Atheists must associate themselves with a recognized 
religion for official identification purposes.
    The Government traditionally reserves some positions in the upper 
levels of the military for Christians; however, all senior command 
positions have been traditionally reserved for Muslims. Division-level 
commanders and higher are required to lead Islamic prayer for certain 
occasions. There were no Christian clergy in the military.
    Despite efforts by religious extremists, in 2001 the criminal court 
and Shari'a court acquitted poet Musa Hawamdeh of charges that he had 
``insulted religious values and defamed prophets'' in his poetry.
    The Press and Publications Department continued its April 2000 ban 
on a book of poetry by Ziyad Al-Anani; the book contained a poem that 
reportedly was offensive to Islam (see Section 2.a.).
    In June 2000, due to a dispute stemming from an intrachurch rivalry 
between the Jerusalem Patriarchate and the Antioch Orthodox 
Patriarchate, the Government closed an Arab Orthodox church that was 
aligned with the Antioch Patriarch in Damascus. The Government closed 
the church following a request from the local Orthodox hierarchy to 
enforce a 1958 law that grants the Jerusalem Patriarchate authority 
over all Orthodox churches in the country. In December 2000 the church 
reopened with permission from the Government, but was closed again a 
week later based largely on pressure from the Orthodox hierarchy. The 
Government stated that the church was free to open under a different 
name that would not imply affiliation with the Orthodox Church. The 
church remained closed at year's end.
    Non-Jordanian Christian missionaries operated in the country but 
were subject to restrictions. Christian missionaries may not 
proselytize Muslims. During the year, U.S.-affiliated Christian mission 
groups in the country continued to complain of bureaucratic 
difficulties, including refusal by the Government to renew residence 
permits.
    In February 2000, the governor of the Amman municipality closed the 
office of Life Agape--an organization associated with the Baptist 
Church--after the director refused to sign a letter stating that he 
would not ``deal with Muslims.'' The office remained closed at the end 
of the year.
    In April and September 1999, a foreign employee of a small language 
school in Amman applied for a residence permit from the Ministry of 
Interior. His application was denied, reportedly because government 
officials believed that he had been attempting to convert Muslims to 
Christianity. He reapplied in April 2000, and was awaiting a response 
from the Government at the 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 the right of 
citizens to travel freely abroad and within the country except in 
designated military areas; however, there are some restrictions on 
freedom of movement. The law requires that all women, including foreign 
women married to citizens, obtain written permission from a male 
guardian--usually their father or husband--to apply for a passport. The 
current passport laws do not state that a woman must have permission 
from her male guardian to renew her passport. In the past, there were 
several cases in which mothers reportedly were prevented from departing 
with their children because authorities enforced requests from fathers 
to prevent their children from leaving the country (see Section 5).
    The GID sometimes withheld passports from citizens on security 
grounds. In August a reporter claimed that government security forces 
confiscated his passport. Local governors have the authority to invoke 
the Preventing Crimes Law, which allows them to place citizens under 
house arrest for up to a year without formally charging them (see 
Section 1.d.). House arrest may involve requiring persons to report 
daily to a local police station and the imposition of a curfew. Persons 
who violate the terms of their house arrest may be imprisoned for up to 
14 days.
    Persons with full citizenship received passports that are valid for 
5 years. Most Palestinians living in the country were citizens and 
received passports that are valid for 5 years. However, the Government 
estimated that there are 150,000 Palestinian residents who are refugees 
or children of refugees who arrived from Gaza after 1967 and do not 
qualify for citizenship. They receive 2-year passports valid only for 
travel. In the period following the country's administrative and legal 
disengagement from the West Bank in 1988, Palestinians residing in the 
West Bank received 2-year passports valid for travel only, instead of 
5-year Jordanian passports. In 1995, King Hussein announced that West 
Bank residents without other travel documentation again would be 
eligible to receive 5-year passports. However, the Government 
emphasized that these passports are for travel only and do not connote 
citizenship, which may be proven only by presenting one's ``national 
number,'' a civil registration number accorded at birth or upon 
naturalization to persons holding citizenship. The national number is 
recorded on national identity cards and in family registration books, 
which are issued only to citizens.
    During the year, there were allegations that the Government did not 
consistently apply citizenship laws. There were 32 cases reported in 
which passports were taken by the Government in efforts to implement 
1988 West Bank disengagement laws. In 2001, there were reports of 52 
complaints from persons or families claiming that the Government denied 
their right to citizenship. All 52 reported complainants disputed the 
Government's claim that they were ineligible for citizenship under the 
regulations, and many filed appeals with the Ministry of Interior.
    In July 2001, there were reports that immigration officials at the 
King Hussein/Allenby Bridge crossing with Israel confiscated the 
Jordanian passports belonging to Jordanians of Palestinian origin who 
were carrying both Jordanian and Palestinian Authority travel 
documents. The Government stated that such confiscations were 
consistent with laws that prohibit citizens of Arab League countries 
from holding passports of any other Arab League member. Human rights 
observers claimed that no such law exists, and that the policy against 
dual nationality is based on an informal agreement of Arab League 
countries.
    Human rights activists reported that approximately 1000 Jordanians 
of Palestinian origin remained outside the country at year's end, due 
to the Government's refusal to renew their passports at embassies 
overseas. The majority of such persons now live in Syria, Lebanon, and 
Libya as stateless persons. Diplomatic representatives or human rights 
observers who inquired about the situation received no government 
response.
    The Constitution specifically prohibits the deportation of 
citizens. In June 2001 the Government permitted the return of Ibrahim 
Ghosheh, one of four HAMAS leaders allegedly expelled in 1999. Although 
initially refused entrance, Ghosheh was admitted in return for his 
pledge to cease his activities with HAMAS. The three other expelled 
HAMAS leaders remained outside the country at the year's end (see 
Sections 1.d. and 1.e.).
    There is no law or statute that provides for the granting of 
refugee status or asylum. The Government generally cooperates with the 
office of the United Nations High Commissioner for Refugees (UNHCR). 
The UNHCR must resettle refugees in other countries. However, in April 
2001 the Ministry of Interior signed a memorandum of understanding with 
the UNHCR concerning the status and treatment of refugees. Under the 
agreement, the Government admits asylum seekers, including those who 
have entered the country clandestinely, and respects the UNHCR's 
eligibility determinations under the refugee definitions set forth in 
the 1951 U.N. Convention Relating to the Status of Refugees and its 
1967 Protocol. The agreement provides protection against the forcible 
return of refugees from the country, and recognizes the legal 
definition of a refugee as set forth in the U.N. Convention. The UNHCR 
regularly trains law enforcement officials in international refugee 
law, including specialized courses for policewomen. The Government 
provides first asylum. According to UNHCR figures, 55,626 persons 
sought asylum through the UNHCR between October 1990 and 2000.
    The Government estimates that over 300,000 Iraqis resided in the 
country. Since 1991 thousands of Iraqis have applied for refugee status 
and received legal and material assistance from the UNHCR. In addition 
to applications from Iraqis during the year, the UNHCR also received 
applications for refugee status from Sudanese, Russians from Chechnya, 
Somalis, and Eritreans.
    For the 2001-2002 school year, the Government continued its policy 
of denying Iraqi children admittance to school unless they are legal 
residents of the country or recognized as refugees by the UNHCR.
    Almost 1.6 million Palestinian refugees were registered in the 
country with the U.N. Relief and Works Agency for Palestine Refugees 
(UNRWA). The UNRWA counts another 800,000 Palestinians as either 
displaced persons from the 1967 war, arrivals following the 1967 war, 
or returnees from the Gulf between 1990 and 1991.


Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    There are significant restrictions on citizens' right to change 
their government. Citizens may participate in the political system 
through their elected representatives in Parliament; however, the King 
has discretionary authority to appoint and dismiss the Prime Minister, 
Cabinet, and upper house of Parliament, to dissolve Parliament, and to 
establish public policy. Appointments made by the King to high level 
government posts do not require legislative approval. Executive power 
is vested in the King (or, in his absence, in the Regent), who 
exercises his power through his ministers in accordance with the 
provisions of the Constitution.
    In June 2001, the King dissolved Parliament and directed the 
Government to draft a new election law. In August the King again 
announced postponement of elections and indicated that they would be 
held by spring 2003. As of year's end, the King had not announced a 
specific date for elections and the Parliament remained dissolved.
    According to the provisions of a temporary election law approved by 
the King in July 2001, the Parliament is composed of a 40-member Senate 
appointed by the King, and a popularly elected 104-member Chamber of 
Deputies. The Chamber of Deputies previously contained 80 members. The 
Parliament is empowered by the Constitution to initiate legislation, 
and it may approve, reject, and amend legislation proposed by the 
Cabinet. A group of 10 senators or deputies may submit draft bills for 
consideration; however, in practice legislation is initiated and 
drafted by the Cabinet of Ministers and submitted by the Government to 
Parliament for consideration.
    Opposition Members of Parliament have claimed that attempts by 
members of the lower house to initiate legislation receive no response 
from the Government. The King proposes and dismisses extraordinary 
sessions of Parliament and may postpone regular sessions for up to 60 
days. If the Government amends or enacts a law when Parliament is not 
in session, it must submit the law to Parliament for consideration 
during the next session; however, such ``temporary'' laws do not expire 
and, while technically subject to action by Parliament when it returns 
to session, may in practice remain in force without legislative 
approval.
    Municipal elections in July 1999 featured the participation of the 
parties that had boycotted the 1997 parliamentary elections; however, 
low voter turnout necessitated a second day of balloting. The municipal 
elections were regarded generally as free and fair.
    The July 2001 election law increased the number of electoral 
districts by redrawing district boundaries and redistributing seats 
among districts. The Government also included provisions, such as those 
requiring verification of polling results by members of the Judiciary, 
that are designed to increase transparency and accuracy. The voting age 
was lowered from 19 to 18 years. The law did not include quotas for 
women or opposition political parties. Observers believed that the new 
law continues to favor electorates in the rural and southern part of 
the country as well as in regions with populations known for their 
traditional, pro-Hashemite views.
    The law retains the so-called one-man, one vote provision, which 
allows voters to choose only one candidate in multiple-seat districts. 
In the largely tribal society, citizens tend to cast their first vote 
for family members, and any additional votes in accordance with their 
political leanings. The amendment also limits representation in the 
largely Palestinian urban areas. As a result, the amendment in practice 
tended to limit the chances of other nontribal candidates, including 
women, Islamists, and other opposition candidates, to be elected.
    From July to September 2001, the Government initiated a series of 
consolidations designed to merge many of the country's 328 
municipalities into approximately 100. The Ministry of Municipal, 
Rural, and Environment Affairs stated that these mergers were taken to 
reduce municipal operating costs and improve local services. Opponents 
of the measure claimed that the consolidations were an attempt to 
undermine the strength of Islamist parties in local government, and 
that it will weaken the democratic process at the municipal level by 
reducing the number of locally elected officials. The IAF sought to 
enjoin the Government from making the consolidations, but the courts 
held that the IAF had no standing to initiate such an action.
    Women have the right to vote, and women's groups encouraged women 
to vote and to be active in the political process. There was one female 
minister. In the previous Parliament there were two female senators, 
and one female member of the Chamber of Deputies.
    Of the 104 seats in the lower house scheduled for election in 2003, 
9 are reserved for Christians, 9 for Bedouins, and 3 for either the 
Circassian or Chechen ethnic minorities.
    The Palestinian community, estimated at more than half of the total 
citizen population, contributed 6 of 28 ministers. In the most recent 
Parliament, 6 of 40 senators and 11 of 80 lower house deputies were of 
Palestinian origin. There were no Palestinians in any of the 12 
governorships throughout the country. The electoral system gives 
greater representation to areas that have a majority of inhabitants of 
non-Palestinian origin.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic and international human rights groups investigated 
allegations of human rights abuses and published and disseminated 
findings critical of government policy. The 1999 amendments to the 
Press and Publications Law removed restrictions on the publication of 
information about the military and security services, which had 
prevented the publication by domestic groups of reports alleging 
torture and other abuses committed by the security services; however, 
similar restrictions still exist in the Penal Code and other laws (see 
Section 2.a.).
    The local chapters of the Arab Organization for Human Rights (AOHR) 
and the Jordanian Human Rights Organization (JHRO) were registered with 
the Government. On October 29, the Ministry of Interior dissolved the 
Jordanian Society for Citizens' Rights (JSCR), one of the few human 
rights groups not affiliated with any political movements or the 
Government. The Government reported that it closed the NGO because of 
legal infractions and internal disputes related to finances. However, 
the JCSR claimed the closure was for political reasons, including the 
JCSR's reporting of Palestinian citizens losing their passports as a 
result of 1988 disengagement laws.
    The groups drew public attention to alleged human rights abuses and 
a range of other political issues. They also pressed the Government 
either to bring formal charges against political detainees or to 
release them promptly. The AOHR and JSCR (before it was dissolved) 
published human rights reports during the year. In 2001, the AOHR 
asserted that the Government responds to only about 10 percent of the 
complaints that the NGO submits on behalf of individuals who allegedly 
were subjected to human rights abuses by the authorities; the JSCR 
claimed the Government responds to 20 percent of its cases. Before it 
was dissolved, the JSCR reported that the Government generally 
supported its public workshops during which citizens discussed their 
viewpoints on sensitive social and political topics. Local NGOs 
reported that the Government did not generally interfere with their 
actions. Local NGOs were not permitted to receive funds from foreign 
sources, and some NGO workers reported that they feared they would be 
accused of accepting illegal funds from abroad. In September 2000 the 
Jordan Press Association expelled its vice president, Nidal Mansour for 
allegedly receiving foreign funding for the NGO he headed, the Center 
for Defending Freedom of Journalists. In February 2001, the Higher 
Court of Justice denied Mansour's appeal of his expulsion (see Section 
2.a.).
    In March 2000 the Government formed the Royal Commission for Human 
Rights, chaired by Queen Rania. The mandate of the Commission is to 
present recommendations on reforming current laws and practices to King 
Abdullah and to institutionalize human rights in the country. In 
November 2000, the Commission sponsored two human rights awareness 
seminars with police and judicial officials in Amman and Aqaba. In June 
2001 the Commission presented a draft law designed to create an 
independent National Center for Human Rights. The Government had not 
released the draft nor taken any further action on the legislation at 
the end of the year.
    The Government established in 2000 the National Team for Family 
Protection and the Child Protection Center (see Section 5). The 
Government controlled the Parliamentary Public Freedoms Committee, the 
Ombudsman, and the Human Rights Office at the Prime Ministry.
    The Government generally cooperated with international NGOs. The 
ICRC usually was permitted full and unrestricted access to detainees 
and prisoners, including those held by the GID and the military 
intelligence directorate (see Section 1.c.).

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social status
    The law does not distinguish between citizens on the basis of race. 
However, women and some minorities were treated differently under the 
law and faced discrimination in employment, housing, and other areas.

    Women.--Violence against women was common. Reported incidents of 
violence against women did not reflect the full extent of the problem. 
Medical experts acknowledged that spousal abuse occurred frequently. 
However, cultural norms discouraged victims from seeking medical or 
legal help, thus making it difficult to assess the extent of such 
abuse.
    Abused women have the right to file a complaint in court against 
their spouses for physical abuse but in practice, familial and societal 
pressures discouraged them from seeking legal remedies. Marital rape is 
not illegal. NGOs such as the Jordanian Women's Union, which had a 
telephone hot-line for victims of domestic violence, provided 
assistance in such matters. Wife-battering technically was grounds for 
divorce, but a husband may seek to demonstrate that he has authority 
from the Koran to correct an irreligious or disobedient wife by 
striking her.
    The Criminal Code provides for leniency for a person found guilty 
of committing an ``honor crime,'' a violent assault with intent to 
commit murder against a female by a relative for her perceived immodest 
behavior or alleged sexual misconduct. Law enforcement treatment of men 
accused of honor crimes reflected widespread unwillingness to recognize 
the abuse involved or to take action against the problem. Although the 
press was in the past reluctant to report on honor crimes, many honor 
crimes committed during the year were reported, including the total 
number of 21. The actual number of honor crimes was believed to be 
significantly higher. Human rights observers believed that many more 
such crimes were committed but not documented as honor crimes. 
According to women's rights activists, there was some evidence of a 
societal trend toward condemnation of honor crimes. However, in 2001 
one forensic medical examiner estimated that 25 percent of all murders 
committed in the country were honor crimes. The police regularly 
imprisoned women who are potential victims of honor crimes for their 
own protection. In 2001 there were up to 40 women involuntarily 
detained in such ``protective'' custody during the year.
    According to Article 340 of the Penal Code, a ``crime of honor'' 
defense may be invoked by a defendant accused of murder who ``surprises 
his wife or any close female relative'' in an act of adultery or 
fornication, and the perpetrator of the honor crime is judged not 
guilty of murder. Although few defendants are able to meet the 
stringent requirements for a crime of honor defense (the defendant 
personally must have witnessed the female victim engaging in sexual 
relations), most avoided trial for the crime of murder, and were tried 
instead on the charge of manslaughter. Even those convicted of murder 
rarely spent more than 2 years in prison. In contrast to honor crimes, 
the maximum penalty for first-degree murder is death, and the maximum 
penalty for second-degree murder is 15 years. Such defenses also 
commonly relied on the male relative having acted in the ``heat of 
passion'' upon hearing of a female relative's alleged transgression, 
usually without any investigation on the part of the assailant to 
determine the veracity of the allegation before committing the assault. 
Defenses in such cases fall under Article 98 of the Penal Code. In 
December 2001 the Government passed a temporary law amending Article 
340 to apply equally to men and women. However, this legal change did 
not substantially affect the sentencing of perpetrators of honor crimes 
as no defendant in an honor crime invoked Article 340 during the year.
    In February, a 37-year-old man was sentenced to 1 year in prison 
for killing his pregnant sister and her alleged lover. Her brother, 
Mohammad Ahmad shot Farjeh Ahmad, after she confessed to him that she 
was pregnant out of wedlock. Mohammad Ahmad subsequently shot and 
killed Farjeh's lover. The Criminal Court found that ``Farjeh's 
unlawful and dangerous actions caused the defendant to lose his temper 
and to kill both of the victims without realizing the consequences of 
his actions.''
    In June, the Criminal Court reduced a felony charge of murder 
against 31-year-old Faisal Hassan to a misdemeanor, exactly 1 year 
after he shot and stabbed his pregnant sister. The Criminal Court 
reduced his charge to misdemeanor in accordance with Article 98 
``because the defendant committed his crime in a fit of fury and his 
family dropped charges against him.'' Hassan was sentenced to time 
served and released.
    In September the Court of Cassation overturned a 3-month sentence 
given to a 35-year old man for murdering his sister, Fadia Mohammad to 
``cleanse his honor.'' The court remanded the case to the Criminal 
Court with an instruction to return with a harsher sentence. On 
November 9, the Criminal Court imposed a 10-year prison sentence. In 
June 2001, Fadia Mohammad had been shot and stabbed by her brother, who 
killed her after learning that she was pregnant.
    During the year, a 39-year-old man was formally charged with the 
premeditated murder of his wife. After shooting her, he subsequently 
surrendered to local authorities. His wife had just finished serving a 
2-year prison sentence for adultery and allegedly had returned to her 
Egyptian lover after her release from prison. The husband found her in 
a busy marketplace in Irbid and shot her four times in the head.
    In July 2001, a 15-year-old boy from Irbid confessed to killing his 
20-year-old sister. He claimed to have acted in defense of his family's 
honor. The boy repeatedly struck his sister in the head with a club 
before covering her body in kerosene and setting it on fire. A 
coroner's report found that the girl had not been sexually active. Her 
brother surrendered himself to police and was sentenced to 4 years in 
juvenile detention for his crime.
    There were no developments in the April 2000 death of Fathieh 
Mohammad, who reportedly was shot and killed by her father to ``cleanse 
his honor.'' The police subsequently arrested and charged both her 
father and brother for the crime.
    Most activists believe that even if Article 340 were repealed, 
honor crimes likely would persist, with sentences continuing to be 
reduced under Article 98.
    Female Genital Mutilation (FGM) was rarely practiced. However, one 
southern tribe of Egyptian origin in the small village of Rahmah near 
Aqaba reportedly practiced FGM. In 2001, one local Mufti issued a fatwa 
stating that FGM ``safeguards women's chastity and protects them 
against malignant diseases by preventing fat excretions.'' However, the 
Mufti also stated that since FGM is not a requirement of Islam, women 
who do not undergo this procedure should not be embarrassed.
    According to the law, sexual harassment is strictly prohibited and 
subject to criminal penalties including fines and imprisonment. Sexual 
harassment, assault, and unwelcome advances of a sexual nature against 
women did not appear to be widespread problems.
    Women experienced legal discrimination in matters of pension and 
social security benefits, inheritance, divorce, ability to travel, 
child custody, citizenship, and the value of their Shari'a court 
testimony in certain limited circumstances (see Section 1.e.). The 
Government provided men with more generous social security benefits 
than women. The Government continued pension payments of deceased male 
civil servants but discontinued payments of deceased female civil 
servants to their heirs. Current laws and regulations governing health 
insurance for civil servants do not permit women to extend their health 
insurance coverage to dependents or spouses. However, divorced and 
widowed women may extend coverage to their children.
    Under Shari'a as applied in the country, female heirs receive half 
the amount of male heirs and the non-Muslim widows of Muslim spouses 
have no inheritance rights. A sole female heir receives half of her 
parents' estate; the balance goes to designated male relatives. A sole 
male heir inherits both of his parents' property. Male Muslim heirs 
have the duty to provide for all family members who need assistance. 
Men are able to divorce their spouses more easily than women, although 
the most recent personal status law does grant women the right to bring 
a divorce action in certain limited circumstances (see section 2.c.). 
Marriage and divorce matters for Christians are adjudicated by special 
courts for each denomination (see Section 2.c.). There were 11 female 
judges in the country, up from 6 in 2001.
    The law requires a married woman to obtain her husband's permission 
to obtain, but not renew, a passport (see Section 2.d.). Married women 
do not have the legal right to transmit citizenship to their children. 
Furthermore, women may not petition for citizenship for their non-
Jordanian husbands. The husbands themselves must apply for citizenship 
after fulfilling a requirement of 15 years of continuous residence. 
Once the husbands have obtained citizenship, they may apply to transmit 
the citizenship to their children. However, in practice such an 
application may take years and, in many cases, citizenship ultimately 
still may be denied to the husband and children. Such children become 
stateless and, if they do not hold legal residency, lacked the rights 
of citizen children, such as the right to attend school or seek other 
government services.
    Civil law grants women equal pay for equal work, but in practice 
this law often was ignored. Press and union leaders reported during the 
year that a small number of employers in the private sector reportedly 
paid their female employees well under the legal minimum wage, despite 
the fact that the women were under contract.
    Social pressures discouraged many women from pursuing professional 
careers. Nonetheless, women had employment opportunities in many 
professions, including government, engineering, medicine, education, 
the military, and law. According to 2001 NGO reports, women constituted 
approximately 16.5 percent of the work force and 50 percent of 
university students. While female employees held approximately 52 and 
39 percent of jobs in the education and health sectors respectively, 
they held only 7.5 percent of managerial posts and 10 percent of all 
jobs in the private sector. Women's groups stressed that the problem of 
discrimination was not only one of law, but also of women's lack of 
awareness of their rights or unwillingness to assert those rights. The 
Business and Professional Women's Club held seminars on women's rights 
and assists women in establishing small businesses. The chapter also 
provided several programs for potential female voters and candidates 
for the upcoming 2003 parliamentary elections. Members of the royal 
family worked actively to improve the status of women.

    Children.--The Government is committed to children's rights and 
welfare in the areas of education and health. However, government 
efforts in these areas were constrained by limited financial resources. 
Education is compulsory until the age of 16; however, no legislation 
exists to enforce the law or punish guardians for violating it, and 
absence of children from school is without penalty. The overall school 
attendance rate was 92 percent and the total secondary school 
attendance rate was 92 percent. Since the beginning of the 1999-2000 
school year, the Government denied Iraqi children admittance to public 
school unless they were legal residents of the country or recognized as 
refugees by the UNHCR (see Section 2.d.).
    The Government attempted to address the issues of educational 
development and quality, and the relevance of education to job-market 
demand, with few concrete results. The Government also grants fee 
reductions and food and transportation supplements to families with 
many children or to very poor families to make education more 
affordable.
    Students must obtain a good behavior certificate from the GID in 
order to qualify for admission under the university quota system. 
Activists reported that the GID sometimes withholds these certificates 
from deserving students due to a family member's allegedly problematic 
record.
    The Government provided free inoculation programs typically 
administered through the school system for children. In addition, 
children had access to government-subsidized public clinics, which 
offer reduced fees for most services.
    In March 2000, Queen Rania established the National Team for Family 
Protection (NTFP) to consolidate all issues concerning family safety. 
In August 2000, the Government opened ``Dar al Amman,'' the nation's 
first child protection center. The facility provides temporary shelter, 
medical care, and rehabilitation for children ages 6 to 12 years who 
have suffered abuse.
    Although the problem was difficult to quantify, social and health 
workers believe that there was a significant incidence of child abuse 
in families, and that the incidence of child sexual abuse was 
significantly higher than reported. The law specifies punishment for 
abuses against children. Rape or sodomy of a child under 15 years of 
age carries the death penalty.
    The Family Protection Unit of the Public Security Department (PSD) 
works with victims and perpetrators of domestic and sexual violence. 
The Unit deals primarily with child and spousal abuse, providing 
multiple in-house services, including medical treatment for patients. 
The Unit cooperates with police to apprehend perpetrators of domestic 
violence, facilitates participation in education and rehabilitation 
programs, and refers patients to other facilities.
    Illegitimate children are entitled to the same rights under the law 
as legitimate children; however, in practice, they suffered severe 
discrimination in a society that does not tolerate adultery or 
premarital sex. Most illegitimate children become wards of the State or 
live a meager existence on the fringes of society. In either case, 
their prospects for marriage and gainful employment are limited. 
Furthermore, illegitimate children who are not acknowledged legally by 
their fathers are considered stateless and are not given passports or 
identity numbers.
    The Government attempts to safeguard some other children's rights, 
especially regarding child labor (see Section 6.d.). Although the law 
prohibits most children under the age of 16 from working, child vendors 
worked on the streets of Amman. The Ministry of Social Development has 
a committee to address the problem and in some cases removes the 
children from the streets, returns them to their families or to 
juvenile centers, and may provide the families with a monthly stipend. 
However, the children often return to the streets. Stagnant economic 
conditions and social disruption have caused the number of these 
children to increase over the last 10 years. Selling newspapers, 
tissues, small food items, or gum, the vendors, along with the other 
children who pick through trash dumpsters to find recyclable cans to 
sell, sometimes were the sole source of income for their families.

    Persons with Disabilities.--High unemployment in the general 
population restricts job opportunities for persons with disabilities, 
estimated by the Ministry of Social Development to number 220,000. 
Thirteen percent of citizens with disabilities received monetary 
assistance from the Government. The Government passed legislation in 
1993, reinforced in 2000, requiring future public buildings to 
accommodate the needs of persons with disabilities and to retro-fit 
existing public buildings; however, implementation has been slow.
    The law requires that 2 percent of the available jobs be reserved 
for persons with physical disabilities. Private organizations and 
members of the royal family actively promoted programs to protect and 
advance the interests of persons with disabilities.

    Indigenous Persons.--The country's indigenous people, nomadic 
Bedouin and East Bank town-dwellers, traditionally have been the 
backbone of popular support for the Hashemite monarchy and are 
represented disproportionately in senior military, security, and civil 
service jobs. Nevertheless, many Bedouin in rural areas were severely 
disadvantaged economically. Many persons of East Bank origin complained 
that the dynamic private sector largely is in the hands of the 
Palestinian majority.

    National/Racial/Ethnic Minorities.--Palestinians residing in the 
country, who made up more than half of the population, suffered 
discrimination in appointments to positions in the Government and the 
military, in admittance to public universities, and in the granting of 
university scholarships. The Government granted citizenship to all 
Palestinians who fled to the country in the period after the 1948 Arab-
Israeli war, and to a large number of refugees and displaced persons 
who arrived as a result of the 1967 war. However, most refugees who 
fled Gaza after 1967 were not entitled to citizenship and were issued 
2-year passports valid for travel only. In 1995 then-King Hussein 
announced that West Bank residents without other travel documentation 
would be eligible to receive 5-year Jordanian passports. However, the 
Government emphasized that these passports are for travel only and do 
not connote citizenship (see Section 2.d.).

Section 6. Worker Rights

    a. The Right of Association.--Workers in the private sector and in 
some state-owned companies have the right to form and join unions. 
Unions must be registered to be considered legal. Union by-laws limit 
membership to citizens, effectively excluding the country's 
approximately 150,000 foreign workers. However, some unions represented 
the interests of foreign workers informally. Over 30 percent of the 
work force were organized into 17 unions. Although union membership in 
the General Federation of Jordanian Trade Unions (GFJTU), the sole 
trade federation, was not mandatory, all unions belonged to it. The 
Government subsidizes and audits the GFJTU's salaries and activities. 
Union officials are elected by secret ballot to 4-year terms. The 
Government cosponsors and approves the timing of these elections and 
monitors them to ensure compliance with the law. Union leaders 
complained about the requirement to have government oversight of their 
elections.
    The GFJTU belongs to the Arab Labor organization, the International 
Confederation of Arab Trade Unions, and to the International 
Confederation of Free Trade Unions (ICFTU).

    b. The Right to Organize and Bargain Collectively.--Unions have and 
exercise the right to bargain collectively. The Constitution prohibits 
antiunion discrimination, but the ICFTU claimed that the Government did 
not protect adequately employees from antiunion discrimination and that 
the Government has dismissed public sector employees for political 
reasons. Workers may lodge complaints of antiunion discrimination with 
the Ministry of Labor, which is authorized to order the reinstatement 
of employees discharged for union activities. There were no complaints 
of antiunion discrimination lodged with the Ministry of Labor during 
the year.
    Labor laws mandate that workers must obtain permission from the 
Government in order to strike. Unions generally do not seek approval 
for a strike, but workers use the threat of a strike as a negotiating 
tactic. Strikes are prohibited if a labor dispute is under mediation or 
arbitration. If a settlement is not reached through mediation, the 
Ministry of Labor may refer the dispute to an industrial tribunal with 
agreement of both parties.
    The tribunal is an independent arbitration panel of judges 
appointed by the Ministry of Labor. The decisions of the panel are 
legally binding. If only one party agrees, the Ministry of Labor refers 
the dispute to the Council of Ministers and then to Parliament. Labor 
law prohibits employers from dismissing a worker during a labor 
dispute.
    During the year, there were three strikes reported in the textile 
sector. These employees went on strike claiming that, among other 
issues, the employers failed to pay wages in a timely manner. There 
were other labor incidents during the year in the construction and 
cement sectors. In most cases, labor and management reached agreements 
quickly, and the Government assisted in mediating disputes.
    The national labor laws apply in the free trade zones in Aqaba and 
Zarqa. The QIZs (Qualified Industrial Zones), or export zones which 
produced manufactured goods with at least 8 percent Israeli input, 
applied national labor laws as well.

    c. Prohibition of Forced or Bonded Labor.--The Constitution forbids 
bonded labor, except in a state of emergency such as war or natural 
disaster, and it generally was not practiced. However, foreign domestic 
servants, almost exclusively female, often were subject to coercion and 
abuse and, in some cases, worked under conditions that amounted to 
forced labor (see Section 6.e.). The law does not prohibit specifically 
forced or compulsory labor by children; however, such practices were 
not known to occur.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Labor law forbids children under the age of 16 from being 
employed, except as apprentices, and prohibits children under the age 
of 17 from working in hazardous jobs. Children under the age of 18 may 
not work for more than 6 hours continuously, between the hours of 8 
p.m. and 6 a.m., and during weekends, religious celebrations, or 
national holidays. Provisions in the labor laws do not extend to the 
informal sector, which consists of agriculture, domestic labor, and 
family businesses.
    According to the law, employers who hire a child under the age of 
16 must pay a fine ranging from $140 to $710 (100 to 500 dinars). The 
fine is doubled if the offense is repeated. However, the Government did 
not provide training for government officials who are responsible for 
enforcing child labor laws and did not enforce laws regarding child 
labor during the year. All child labor enforcement responsibilities 
rest in the hands of 85 Ministry of Labor inspectors. Government 
officials claimed that if children were barred from working in 
practice, they will lose important income on which their families 
depend, and may turn to more serious activities, such as drug 
trafficking and prostitution, for income.
    In late 1999, the Ministry of Labor established a new division to 
deal with issues of child labor. The division was established to 
receive, investigate, and address child labor complaints and related 
issues. Assistance received from the International Labor Organization 
(ILO) and increases in the Government's funding for the Ministry of 
Labor this year and in 2001, allowed the Ministry to staff the 
division.
    Financial assistance received from ILO during the year and in 2001 
supported government efforts to implement the provisions of ILO 
Convention 182 on Elimination of the Worst Forms of Child Labor. 
Government policy also facilitated the work of NGOs in this area. There 
were no specific mechanisms for receiving, investigating, or addressing 
child labor complaints relating to allegations of the worst forms of 
child labor.
    Anecdotal evidence suggested that child labor, especially of child 
street vendors, was more prevalent now than it was 10 years ago due to 
declining economic conditions (see Section 5).
    The law does not specifically prohibit forced or bonded labor by 
children; however, such practices are not known to occur (see Section 
6.c.).

    e. Acceptable Conditions of Work.--The national minimum wage was 
$121 (85 dinars) per month for all workers except domestic servants, 
those working in small family businesses and those in the agricultural 
sector. The national minimum wage did not provide a decent standard of 
living for a worker and family. The Government estimated that the 
poverty level was at a monthly wage of about $125 (89 dinars) per month 
for a family with 7.5 members. A study completed by the Ministry of 
Labor in July 1999 found that 18.7 percent of the population lived at 
or below the poverty level and that 1.5 percent lived in ``abject'' 
poverty, defined by the Government as $58 (40.5 dinars) per month for a 
family with 7.5 members. The Government provides minimal assistance to 
at least 45,000 indigent families.
    The law requires overtime pay for hours worked in excess of the 
standard workweek, which generally is 48 hours. Hotel, restaurant, and 
cinema employees may work up to 54 hours per week. Workers may not work 
more than 10 hours in any continuous period or more than 60 hours of 
overtime per month. Employees are entitled to 1 day off per week.
    The law specifies a number of health and safety requirements for 
workers, which the Ministry of Labor is authorized to enforce. The law 
does not require employers to report industrial accidents or 
occupational diseases to the Ministry of Labor. Workers do not have a 
statutory right to remove themselves from hazardous conditions without 
risking the loss of their jobs.
    Labor law does not apply to the agricultural sector, small family 
businesses, or domestic servants. Domestic servants do not have a legal 
forum to address their labor grievances and have no standing to sue in 
court for nonpayment of wages. Abuse of domestic servants, most of whom 
were foreign, was widespread. Imprisonment of maids and illegal 
confiscation of travel documents by employers was common. Victims, who 
fear losing their work permits and being returned to their home 
country, generally did not report complaints of beatings, insufficient 
food, and rape to officials. Domestic servants generally were not given 
days off and frequently were called upon to work at any hour of the day 
or night.

    f. Trafficking in Persons.--The law does not specifically prohibit 
trafficking in women or men and the practice was not known to occur. A 
1926 law specifically prohibits trafficking in children. There were no 
reports that persons were trafficked, to, from, or within the country.
                               __________

                                 KUWAIT

    Kuwait is a constitutional, hereditary amirate ruled by princes 
(Amirs) drawn from the Al-Sabah family. The Al-Sabahs have governed in 
consultation with prominent commercial families and other community 
leaders for over 200 years. The 1962 Constitution provides for an 
elected National Assembly and details the powers of the Government and 
the rights of citizens, although the Constitution also permits the Amir 
to suspend any or all of its provisions by decree. Only 14.8 percent of 
citizens (males over the age of 21) have the right to vote. The most 
recent general election, held in July 1999, was conducted as provided 
in the Constitution after the Amir dissolved a gridlocked National 
Assembly. A by-election was held in December 2000 to fill the seat of a 
deceased Member of Parliament (M.P.). In both cases, the election 
campaigns were generally considered to be free and fair; however, there 
were some problems. Executive and legislative leaders continued to 
develop political institutions by resolving major disagreements within 
the framework of the Constitution and without recourse to extrajudicial 
measures.
    Citizens do not have the right to change their government. Under 
the Constitution, the National Assembly has a limited role in approving 
the Amir's choice of Crown Prince (that is, the future Amir). If the 
National Assembly rejects his nominee, the Amir then submits three 
names, from which the Assembly must choose the new Crown Prince. The 
Amir traditionally has appointed the Crown Prince to be Prime Minister, 
although this is not mandatory; the Crown Prince appoints the members 
of the Government. However, the elected National Assembly has 
demonstrated the ability at times to influence or overturn decisions of 
the Government. Members regularly require ministers to appear before 
the full Assembly for formal question sessions when they are 
dissatisfied with the Government's performance. On occasion, pressure 
exerted by the National Assembly, including through votes of no 
confidence, has led to the resignation or removal of ministers. In July 
the Minister of Finance survived a ``no-confidence'' vote.
    The Government bans formal political parties, and women do not have 
the right to vote or seek election to the National Assembly. A law 
promulgated in 1998 bans primaries previously conducted by religious 
sects and tribes. The Constitution and law provide for a degree of 
judicial independence; however, the Amir appoints all judges, and 
renewal of most judicial appointments was subject to government 
approval.
    The national police, the Criminal Investigation Division (CID) and 
Kuwait State Security (KSS) were responsible for internal security 
under the supervision of civilian authorities of the Ministry of 
Interior. Members of the security forces committed a number of human 
rights abuses.
    With large oil reserves, the economy was highly dependent on its 
energy sector. The Government owned the Kuwait Petroleum Corporation 
and, despite its stated emphasis on an open market, it dominated the 
local economy through direct expenditures and government-owned 
companies and equities. Oil revenue provided about 85 percent of total 
government revenues. According to government statistics, 93 percent of 
the indigenous workforce was employed in the public sector, while 
foreigners constituted 94 percent of the private sector workforce. 
Within a total population of 2.3 million there were 870,000 citizens 
who enjoyed one of the highest standards of living in the world. 
Domestic servants and unskilled workers often lived and worked in poor 
conditions.
    The Government generally respected the human rights of its citizens 
in many areas, and there were some improvements during the year; 
however, its record was poor in some significant areas. Some police and 
members of the security forces abused detainees during interrogation. 
Overcrowding in the prisons continued to be a problem; however, the 
Government completed construction on two new prison buildings and began 
constructing a third.
    The judiciary was subject to government influence, and a pattern of 
bias against foreign residents existed. The Government infringed on 
citizens' privacy rights in some areas. Security forces occasionally 
monitored the activities of persons and their communications. The 
Government restricted freedom of speech and the press. The Government 
restricted freedom of assembly and association. The Government placed 
some limits on freedom of religion and freedom of movement. Violence 
and discrimination against women, especially foreign domestic servants, 
were problems and discrimination against noncitizens persisted.
    A problem existed with regard to the legal status of approximately 
74,000 ``bidoon,'' Arabs with residency ties but no documentation of 
their nationality. The Government restricted worker rights. The Labor 
Law did not protect domestic workers, whose situation remained poor. 
Unskilled foreign workers suffered from the lack of a minimum wage in 
the private sector, from the Government's failure to enforce the Labor 
Law, and at times physical abuse; some worked under conditions that, in 
effect, constituted indentured servitude. Young boys, usually from 
South Asia, were used as jockeys in camel races. Kuwait 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 country suffered under Iraqi occupation from August 1990 to 
February 1991, when an international coalition expelled Iraqi forces. 
Many human rights violations committed by the Iraqi army during this 
period remained unresolved, particularly the fate of 605 citizens and 
other residents taken by Iraq who were still unaccounted for at 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.--There were no 
reports of the arbitrary or unlawful deprivation of life committed by 
the Government or it agents.
    There were no developments in the investigations into the 
extrajudicial killings that occurred during the period after the 
country's liberation in February 1991.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    According to the International Committee of the Red Cross (ICRC), 
Iraqi authorities have not accounted for 605 citizens and other 
residents taken prisoner during Iraq's occupation of the country. There 
has been no significant development since 1994 in these disappearance 
cases. The Government of Iraq has refused to comply with U.N. Security 
Council Resolution (UNSCR) 687, which stipulates the release of 
detainees. In 1999 Iraq ceased its participation in ICRC-sponsored 
talks regarding the fate of the detainees. UNSCR 1284 later that year 
called on Iraq to resume its cooperation with the ICRC and the 
Tripartite Commission on Gulf War POWs and Missing Persons (TPC). The 
U.N. Secretary General's special representative, Yuli Vorontsov, has 
repeatedly reported to the U.N. Security Council Iraq's continued 
refusal to cooperate with the U.N. regarding these cases. However, in 
December, the TPC held its first official meeting since 1998, with Iraq 
participating by long distance.
    In connection with the case of a government official who was 
detained in Iraq on March 15th for inadvertently crossing the border, 
there were reports that indicated that there were Iraqi citizens being 
detained for entering the country by mistake as well.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture; however, there 
continued to be credible reports that some police and members of the 
security forces abused detainees during interrogation. Reported 
mistreatment included blindfolding, verbal threats, and physical abuse. 
Police and security forces were more likely to inflict such abuse on 
noncitizens, particularly non-Gulf Arabs and Asians, than on citizens.
    In February a police officer was sentenced to death for the March 
2001 murder of a news editor. The police officer believed that the 
editor had insulted the officer's tribe in articles written and 
published by the editor.
    The Government stated that it investigates all allegations of abuse 
and that it has punished at least some of the offenders. However, the 
Government did not make public either the findings of its 
investigations or what, if any, punishments were imposed. This practice 
created a climate of impunity, which diminished deterrence against 
abuse.
    Defendants have the right to present evidence in court that they 
have been mistreated during interrogation. However, the courts 
frequently dismissed abuse complaints because defendants were unable to 
provide physical evidence of abuse. Members of the security forces 
routinely did not reveal their identity during interrogation, a 
practice that further complicated confirmation of abuse.
    In February security personnel allegedly abused a youth, Yousef Al-
Anzi, while in police custody. Al-Anzi's family submitted a medical 
report to document the boy's claims. A case file was assigned to the 
courts and was pending judicial review at year's end. The security 
counsel reportedly asserted pressure on the family to withdraw the 
claim. Also in February, security personnel assaulted an attorney from 
the Criminal Security Department when he was visiting a client. He 
submitted a medical report detailing his injuries and filed a police 
complaint against the officers involved. In March, a 32-year old 
Egyptian man alleged that Jleeb al-Shuyoukh security personnel tortured 
him. On March 12th, the Kuwait Lawyers Association issued a statement 
condemning recent abuse of prisoners by Ministry of Interior officials.
    Prison conditions, including conditions for those held for security 
offenses, met or exceeded international standards in terms of food, 
access to basic health care, scheduled family visits, cleanliness, and 
opportunities for work and exercise. Overcrowding in the prisons 
continued to be a problem; however, the Government neared completion of 
two new prison buildings, and finalized plans for three additional 
buildings. A team of three medical specialists attended the prisons 
weekly, a psychiatrist was on call 24 hours, and specialized health 
care was available from local hospitals. Approximately 1,815 men and 
108 women were serving sentences or awaiting trial in prison; detainees 
were counted separately.
    Unlike in the past, there were no reports of mistreatment of 
prisoners at the Talha or Central Prisons, at the Shuwaikh deportation 
facility, or elsewhere. An estimated 250 deportees were being held at 
the deportation facility in Shuwaikh; some of these deportees have been 
kept there for up to 6 months waiting for their proper identity papers 
or for their country of nationality to accept them (see Section 1.d.).
    In July it was reported that hundreds of prisoners at the Central 
Prison were infected by tuberculosis. A family of 15 tested positive 
for tuberculosis after visiting the Central Prison.
    Drug-related offenders made up 70 percent of the Central Prison 
inmate population. In addition to nearing completion on the first two 
of five new prison buildings, the Director of Prisons also increased 
prison staffing, expanded the drug rehabilitation program for inmates, 
and increased the number of education programs available within the 
prisons, bringing in volunteers to teach academic and vocational 
classes.
    In September, the Central Prison Rehabilitation Center opened. The 
Center offered psychological counseling and educational courses to 
inmates suffering from drug and alcohol addiction.
    The National Assembly's Human Rights Committee closely monitored 
prison conditions throughout the year, and the Government allowed the 
International Commission of the Red Cross (ICRC) access to all prisons 
and detention facilities.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
provides for freedom from arbitrary arrest and detention, and the 
Government generally observed these prohibitions. In general, police 
officers must obtain an arrest warrant from state prosecutors or a 
judge before making an arrest (see Section 1.f.), although in 
misdemeanor cases the arresting officer may issue them. Security forces 
occasionally detained persons at checkpoints in Kuwait City (see 
Section 2.d.).
    Under the Penal Code, those suspected of serious crimes may be held 
for up to 4 days without charge, during which time security officers 
may prevent lawyers and family members from visiting them. In such 
cases, lawyers are permitted to attend legal proceedings, but are not 
to have direct contact with their clients. If charges are filed, 
prosecutors may remand a suspect to detention for an additional 21 
days. Prosecutors also may obtain court orders for further detention 
pending trial.
    Of the 2,386 persons serving sentences or being detained pending 
trial, 63 were being held on security grounds. Of the members of a 
suspected indigenous terrorist cell who were arrested on security 
grounds in November 2000, there is no information available on how many 
were acquitted of charges and released during the year. The leader of 
the group received a 7-year sentence in December 2000; the other three 
members were scheduled to face charges of conspiracy to commit murder 
and illegal possession of weapons.
    The Government may expel noncitizens, including bidoon, if it 
considers them security risks. The Government also may expel foreigners 
if they are unable to obtain or renew work or residency permits. There 
were approximately 13 bidoon and 758 foreigners held in detention 
facilities, some of them pending deportation. Some detainees have been 
held for up to 6 months. Many deportation orders were issued 
administratively, without the benefit of a trial. However, the 
Government did not return deportees to their countries of origin 
forcibly, allowing those who object to remain in detention (see Section 
2.d.). This practice leads to prolonged detention of deportees, 
particularly Iraqis, who do not wish to return to their own countries. 
The practice also was a factor in the complex problem faced by 
stateless bidoon deportees, who essentially remained in detention 
because their stateless condition made the execution of the deportation 
order impossible (see Sections 2.d. and 5).
    The Talha Deportation Center, which had been criticized in previous 
years by human rights groups, formally was reconstituted as a minimum-
security prison in March 2000. There were no allegations of the forced, 
prolonged detention of deportees in the facility during the year (see 
Section 1.c.).
    The Constitution prohibits deportation or forced exile of citizens, 
and there were no reports of these practices. The Penal Code provides 
that noncitizens convicted of felonies must be deported after finishing 
their jail terms. However, in certain circumstances, citizens may have 
their citizenship revoked, including citizens sentenced for a felony 
during the first 10 years of attaining citizenship, citizens discharged 
from a public job for acts against integrity during the first 10 years 
of attaining citizenship, and citizens who take up residence in a 
foreign country and join an authority that is designed to undermine the 
country.

    e. Denial of Fair Public Trial.--The Constitution provides for the 
right to a fair trial and states that ``judges shall not be subject to 
any authority''; however, the Amir appoints all judges, and the renewal 
of judicial appointments is subject to government approval. Judges who 
are citizens have lifetime appointments; however, the majority of 
judges were noncitizens. Noncitizen judges hold 1- to 3-year renewable 
contracts, which undermined their independence. The Ministry of Justice 
may remove judges for cause, but rarely does so. Foreign residents 
involved in legal disputes with citizens frequently claimed that the 
courts show a bias in favor of citizens.
    The secular court system tries both civil and criminal cases. The 
Court of Cassation is the highest level of judicial appeal. Sunni and 
Shi'a Muslims have recourse to courts of their respective branches for 
family law cases. The Government established in 2000 a Shi'a appellate 
court that operated throughout the year. In the secular courts no 
groups were barred from testifying. Most courts considered men and 
women's testimonies equally; however, in the family courts the 
testimony of one man is equal to the testimony of two women.
    Defendants have the right to confront their accusers and appeal 
verdicts. The Amir has the constitutional power to pardon or commute 
all sentences. Defendants in felony cases are required by law to be 
represented in court by legal counsel, which the courts provide in 
criminal cases. In misdemeanor cases, defendants have the right to 
waive the presence of legal counsel, and the court is not required to 
provide counsel to indigent defendants. However, the Kuwaiti Bar 
Association is obligated upon court request to appoint an attorney pro 
bono for indigent defendants in civil, commercial, and criminal cases. 
While virtually all indigent criminal defendants asked for and received 
pro bono counsel, in practice very few indigent civil and commercial 
plaintiffs requested this service.
    Both defendants and prosecutors may appeal court verdicts to the 
High Court of Appeal, which may rule on whether the law was applied 
properly as well as on the guilt or innocence of the defendant. 
Decisions of the High Court of Appeal may be presented to the Court of 
Cassation, which conducts a limited, formal review of cases to 
determine only whether the law was applied properly.
    In March 2001 the Court of Cassation commuted a 1993 military 
court's death sentence to a life sentence for Alaa Hussein, head of the 
Iraqi-installed ``provisional'' government during the occupation. The 
Chief Justice determined that Hussein expressed guilt and remorse for 
his actions by returning voluntarily to the country, and in May 2000 
the Court commuted his sentence from death to life. The trial appeared 
to have been conducted in a fair and open manner.
    The Government continued to incarcerate 31 citizens, bidoon, 
Palestinians, and Syrians convicted of collaboration with Iraq during 
the 1990-1991 occupation. Under the law, such collaboration is 
considered a felony. Most of the persons convicted in the Martial Law 
Court in 1991, and the Special State Security Court, which was 
abolished in 1995, did not receive fair trials. Amnesty International 
(AI) faulted the trials in general, and particularly noted the absence 
of any right of appeal of the verdicts.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for individual privacy and 
sanctity of the home. The Government generally respected these rights 
in practice; however, the law, which generally requires police to 
obtain a warrant to search both public and private property, provides 
for a warrantless search if alcohol or narcotics are suspected on the 
premises or if police are in hot pursuit of a suspect fleeing the scene 
of a crime. A warrant may be obtained from the State Prosecutor or, in 
the case of searches of private property, from a judge (see Section 
1.d.). The security forces occasionally monitored the activities of 
persons and their communications.
    The law forbids marriage between Muslim women and non-Muslim men 
and requires male citizens to obtain government approval to marry 
foreign female citizens. Although the Government may advise men against 
marriage to a foreign national, there were no known cases of the 
Government refusing permission for such marriages. The Government 
advises women against marrying foreign nationals (see Section 2.c.).

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of the press, printing, and publishing ``in accordance with the 
conditions and manner specified by law,'' and, with some exceptions, 
citizens are free to criticize the Government at public meetings and in 
the media; however, several laws empower the Government to impose 
restrictions on freedom of speech and the press, and journalists 
practiced self-censorship. During the year no court cases were 
initiated under the restrictive laws. The Government, through the 
Ministry of Information, practiced informal censorship by pressuring 
individual publishers and editors believed to have ``crossed the line'' 
in attacking government policies and discussing subjects deemed 
offensive to Islam, tradition, or the interests of the State.
    Newspapers were privately owned and free to report on many social, 
economic, and political issues and frequently criticized government 
policies and officials, including the Crown Prince/Prime Minister. 
Press accounts at the beginning of the year, which questioned and 
criticized the Government, led to National Assembly members calling for 
formal question sessions of several cabinet members. Such actions may 
lead to votes of no confidence against Ministers, as well as their 
removal from office.
    The Government ended prepublication censorship in 1992, but 
journalists still censored themselves. The Press Law prohibits the 
publication of any direct criticism of the Amir, official government 
communications with other states, and material that served to ``attack 
religions'' or ``incite people to commit crimes, create hatred, or 
spreads dissension among the populace.'' Direct criticism by the press 
of the Cabinet's foreign and security policy occurred during the year 
as in other years.
    In order to begin publication of a newspaper, the publisher must 
obtain an operating license from the Ministry of Information. 
Publishers may lose their license if their publications do not appear 
for 6 months. This 6-month rule prevents publishers from publishing 
sporadically. It is not used to suspend or shut down existing 
newspapers. Individuals also must obtain permission from the Ministry 
of Information before publishing any printed material, including 
brochures and wall posters. There were no reported cases of the 
Ministry of Information denying permission to publish printed material 
during the year.
    In January police confiscated film belonging to a press 
photographer who was covering a public disturbance. Police officials 
did not provide any explanations regarding the action taken towards the 
press photographer.
    As of the end of 2001, two journalists Fawwaz Muhammad al-Awadi 
Bessisso and Ibtisam Berto Sulaiman al-Dakhil, were jailed in the 
country. Both had been imprisoned in June 1991 and later sentenced to 
life in prison because of their work with a newspaper that was 
published under Iraqi occupation. Both of these journalists remained in 
prison despite the release by royal decree of other journalists who had 
worked for the same newspaper. Since the Government agreed to release 
the two journalists if a third country would accept them, the ICRC was 
processing paperwork to have the two reporters deported to Ireland.
    The Government did not censor foreign journalists and permitted 
them open access to the country.
    The Government did not threaten to shut down any newspapers during 
the year. In 2000 the Government attempted to close two newspapers, 
charging them with publishing false information. After significant 
public criticism, particularly by the National Assembly, the Cabinet 
decided not to shut down the papers. The criticism led to the offer of 
resignation by the Cabinet in March 2000, which was not accepted at 
that time, and to proposals by National Assembly members to amend the 
constitutional article that permits government suspension of 
publications without review by the Assembly or the courts; however, no 
action was taken to amend the article.
    The law requires jail terms for journalists who ridicule religion 
(see Section 2.c.). For 3 consecutive years, there have been no 
prosecutions of print or broadcast journalists for ridiculing religion. 
There were no prosecutions of persons or publishers related to book 
publications during the year. Under the law, any citizen may initiate a 
court case against an author if the citizen deems that the author has 
defamed Islam, the ruling family, or public morals. Often these court 
cases are brought for political reasons. In September 2001, a private 
citizen filed criminal charges against a university professor for 
speaking and writing about lesbianism and homosexuality; the case 
remained in adjournment at year's end.
    The Government owned and controlled the local radio and television 
companies. Satellite dishes were widely available, and operated without 
restriction. The Ministry of Information censored all books, films, 
videotapes, periodicals, and other imported publications deemed morally 
offensive. The Ministry censored media for political content as well 
and did not grant licenses to magazines with a political focus. The 
General Organization of Printing and Publishing controlled the 
publication and distribution of all informational materials.
    The Internet was technically accessible; however, serious 
consequences resulted from some forms of Internet use, and the ability 
of many cafe owners to provide the service was reportedly under threat. 
There reportedly are 165,000 regular Internet users, representing 8.5 
percent of the total population. The Ministry of Communications issued 
new directives to Internet service providers to block ``immoral'' sites 
and some political sites. Internet providers responded by installing 
filtering technology. Each Internet service provider determined what 
sites to block, within the framework of censorship norms. Under 
pressure from Islamic members of the National Assembly, the Ministry of 
Communications in May conducted a raid on 19 Internet cafes on the 
basis that the Internet cafes were not installing filtering software to 
block ``immoral'' sites as ordered in earlier directives. As a result 
of the raids, the Ministry of Communications issued new rules 
regulating Internet usage. The new rules require cafe owners to obtain 
the names and civil ID numbers of customers and to submit that 
information to the Ministry as requested. The law also establishes a 
$162,500 (50,000 dinars) bond. Press reports indicate that 90 percent 
of the Internet cafes would not be able to comply with the new law and 
would be forced to close their doors.
    The Constitution provides for freedom of opinion and of research, 
and states that every person shall have the right to express and 
propagate his opinion verbally, in writing or otherwise. There is no 
formal government censorship of university teaching, research, or 
publication. However, academic freedom is limited by self-censorship 
and academics were subject to the same restraints as the media with 
regard to criticism of the Amir or Islam.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right to assembly; however, the Government restricts 
this right in practice. Public gatherings must receive prior government 
approval, as must private gatherings of more than five persons that 
result in the issuance of a public statement. Informal weekly, social 
and political gatherings of men, known as ``diwaniyas,'' are protected 
by the Constitution. Most adult male citizens, including the Amir, 
members of the Government, and members of the National Assembly hosted 
or attended diwaniyas, where topics of current interest were discussed. 
The diwaniya system contributed to the development of political 
consensus and official decision making. Women were not precluded from 
holding diwaniyas; however, such diwaniyas were uncommon. By tradition 
women were barred from male diwanyas.
    The Constitution provides for the right of association; however, 
the Government restricted this right in practice. The Government banned 
political parties; however, several unofficial blocs, acting much like 
parties, existed and were active in the National Assembly. Candidates 
were allowed to run for elections only as individuals, not under the 
banner of any entity (see Section 3).
    All nongovernmental organizations (NGOs) must obtain a license from 
the Ministry of Social Affairs and Labor in order to be recognized 
officially. The Government uses its power to license as a means of 
political control and has tightened control since October 2001. There 
are 74 NGOs waiting licensing by the Ministry. The Ministry has 
licensed 51 NGOs, including professional groups, a bar association, and 
scientific bodies; however, since 1985, it has issued only 5 new 
licenses. Licensed NGOs received government subsidies for their 
operating expenses, including travel and per diem expenses for 
participating in international conferences. The Ministry has 
disapproved other license requests on the grounds that previously 
established NGOs already provide services similar to those proposed by 
the petitioners (see Sections 2.d. and 4). Members of licensed NGOs 
must obtain permission from the Ministry before attending international 
conferences (see Sections 2.d. and 4). There were no cases of the 
Government denying or barring representatives of licensed NGOs from 
attending international conferences.
    There are hundreds of unlicensed civic groups, clubs, and 
unofficial NGOs in the country. They did not receive government 
subsidies. In 1999, in accordance with a 1993 decree that ordered 
unregistered NGOs to cease activities, the Government announced a 
crackdown on unlicensed branches of NGOs, whose activities it 
previously had overlooked, including unlicensed branches of Islamic 
charities, and required that they cease operations by mid-September 
1999. No further action was taken pursuant to the announced crackdown 
(see Sections 2.c. and 4). However, in August 2001, the Government 
undertook efforts to prevent unlicensed charity collections by persons 
fraudulently misrepresenting themselves as part of charity groups. The 
Government subsequently intensified its supervision of all charity 
groups as part of its effort to prevent any diversion of funds to 
terrorists. In October 2001, the Government announced that all 
unlicensed branches of charities would be closed by the end of the 
year. In August, the Acting Minister of Social Affairs and Labor issued 
a ministerial decree to create a charitable organizations department 
within the Ministry of Social Affairs and Labor. The new department 
will regulate domestic charities based in the country by reviewing 
their applications for registration, monitoring their operations, and 
establishing a new accounting system to comply with regulations 
governing charitable operations (see Section 2.c.).

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion; however, the Government places some limits on this right. The 
Constitution also provides that the State protect the freedom to 
practice religion in accordance with established customs, ``provided 
that it does not conflict with public policy or morals.'' Islam is the 
state religion. The Constitution states that Shari'a (Islamic law) is 
``a main source of legislation.
    The procedure for registration and licensing of religious groups 
was unclear. The Ministry of Awqaf and Islamic Affairs has official 
responsibility for overseeing religious groups. Officially recognized 
churches must deal with a variety of government entities, including the 
Ministry of Social Affairs and Labor (for visas and residence permits 
for pastors and other staff) and the Municipality (for building 
permits). While there reportedly is no official government ``list'' of 
recognized churches, seven Christian churches have at least some type 
of official recognition that enables them to operate openly. These 
seven churches have open ``files'' at the Ministry of Social Affairs 
and Labor, allowing them to bring in the pastors and staff necessary to 
run their churches. Further, by tradition three of the country's 
churches are recognized widely as enjoying full recognition by the 
Government and are allowed to operate compounds officially designated 
as churches: the Catholic Church (which includes two separate churches, 
the Latin Catholic and the Maronite), the Anglican Church, and the 
National Evangelical Protestant Church of Kuwait. The other four 
churches reportedly were allowed to operate openly, hire employees, 
invite religious speakers, and conduct other such activities, all 
without interference from the Government; however, according to 
government records, their compounds were registered only as private 
homes.
    The procedures for the registration and licensing of religious 
groups also appeared to be connected with government restrictions on 
NGOs, religious or otherwise. In 1993 all unlicensed organizations were 
ordered by the Council of Ministers to cease their activities. This 
order never has been enforced; however, since that time all but five 
applications by NGOs have been frozen (see Section 4). There were 
reports that in the last few years at least two groups have applied for 
permission to build their own churches, but the Government has not yet 
responded to their requests. In October 2001, the Government announced 
that all unlicensed branches of charities would be closed by the end of 
the year. In August, the Acting Minister of Social Affairs and Labor 
issued a ministerial decree to create a charitable organizations 
department within the Ministry of Social Affairs and Labor. The new 
department will regulate religious charities based in the country by 
reviewing their applications for registration, monitoring their 
operations and establishing a new accounting system to comply with 
regulations governing charitable operations (see Section 2.b.). At the 
end of the year, the Government announced that it would close any 
charities that had not obtained licenses.
    The Government discriminated in some instances against the Shi'a 
minority. They have been disadvantaged in provision of mosques and in 
access to religious education. Shi'a were underrepresented in high 
government positions.
    Shi'a were free to conduct their traditional forms of worship 
without government interference. However, there still were complaints 
regarding the scarcity of sufficient Shi'a mosques and the Government's 
slowness or failure to grant approval for the construction of new Shi'a 
mosques as well as the repair of existing mosques. There were 
approximately 36 Shi'a mosques serving the Shi'a population in the 
country, compared to 550 Sunni mosques. In 2001 the Government began to 
address such concerns by licensing the construction of three new 
mosques; two of these approved mosques were under construction at 
year's end.
    In addition the Government took steps toward greater equality for 
Shi'a by instituting a separate appellate court to try Shi'a family law 
cases and by agreeing to establish an independent Shi'a charity 
authority comparable to the Sunni Awqaf and nongovernmental entities.
    Shi'a leaders also have complained that Shi'a who aspire to serve 
as imams are forced to seek appropriate training and education abroad 
due to the lack of Shi'a jurisprudence courses at Kuwait University's 
College of Islamic Law, which only offers Sunni jurisprudence. Shi'a 
reportedly no longer expressed concern that proposed legislation 
concerning Zakat and the Islamic Penal Code failed to take into account 
Shi'a specific beliefs; if the laws are passed without Shi'a input, 
Shi'a may be excluded from enforcement measures.
    Members of religions not sanctioned in the Koran, such as Sikhs, 
Hindus and Buddhists, may not build places of worship, but are allowed 
to worship privately in their homes without interference from the 
Government.
    While some discrimination based on religion reportedly occurred on 
a personal level, most observers agreed that it was not widespread. 
There was a perception among some domestic employees and other members 
of the unskilled labor force, particularly nationals of Southeast Asian 
countries, that they would receive better treatment from employers as 
well as society as a whole if they converted to Islam. However, others 
did not see conversion to Islam as a factor in this regard.
    The Catholic, Anglican, National Evangelical, Greek Orthodox, 
Armenian Orthodox, and Coptic Orthodox Churches were able to operate 
freely on their compounds, holding worship services without government 
interference. The leaders of these churches stated that the Government 
generally was supportive of the churches' presence, even providing 
police security and traffic direction as needed. Other Christian 
denominations (including Mormons, Seventh Day Adventists, Marthoma, and 
Indian Orthodox), while not recognized legally, were allowed to operate 
in private homes or in the facilities of recognized churches without 
government interference, provided that they did not disturb their 
neighbors and did not violate laws regarding assembly and 
proselytizing.
    The Government prohibited proselytizing Muslims; however, Christian 
churches may serve non-Muslim congregations. The law prohibited 
organized religious education other than Islam; however, this law was 
not enforced rigidly and such education took place. Although informal 
religious instruction occurred inside private homes and on church 
compounds without government interference, there were reports that 
government ``inspectors'' periodically visited public and private 
schools outside church compounds to ensure that no religious teaching 
other than Islam was taking place.
    The Government did not permit the establishment of non-Islamic 
publishing companies or training institutions for clergy. Nevertheless, 
several churches published religious materials for use solely by their 
congregations. Further, some churches, in the privacy of their 
compounds, provided informal instruction to persons interested in 
joining the clergy.
    A private company, the Book House Company Ltd., was permitted to 
import significant amounts of Bibles and other Christian religious 
material--including videotapes and compact discs--for use solely among 
the congregations of the country's recognized churches. The Book House 
Company was the only bookstore that had an import license to bring in 
such materials, which also required approval by government censors. 
There were reports of private citizens having non-Islamic religious 
materials confiscated by customs officials upon arrival at the airport.
    Although there is a small community of Christian citizens, a law 
passed in 1980 prohibits the naturalization of non-Muslims. However, 
citizens who were Christians before 1980 (and children born to families 
of such citizens since that date), were allowed to transmit their 
citizenship to their children.
    According to the law, a non-Muslim man must convert to Islam when 
he marries a Muslim woman if the marriage is to be legal in the 
country. The law forbids marriage between Muslim women and non-Muslim 
men (see Section 1.f.). A non-Muslim woman does not have to convert to 
Islam to marry a Muslim man, but it is to her advantage to do so. 
Failure to convert may mean that, should the couple later divorce, the 
Muslim father would be granted custody of children, even those who most 
likely would have been left in the mother's custody if she were Muslim.
    The law requires jail terms for journalists who ridicule religion 
(see Section 2.a.). However, unlike in previous years, there were no 
cases during the year of writers being threatened or charged with 
publishing opinions unmindful of Islamic norms.
    The Papal Nuncio resided in Kuwait City and also represented 
Vatican interests in the other Gulf States and Yemen. The Church viewed 
the Government's establishing relations with the Vatican as significant 
in terms of government tolerance of Christianity.
    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 for 
the rights of freedom of movement, freedom of travel, and freedom to 
immigrate. The Government placed some limits on freedom of movement. 
Citizens have the right to travel freely within the country and to 
change their workplace as desired. Unmarried women 21 years of age and 
older were free to obtain a passport and travel abroad at any time; 
however, married women who apply for passports must obtain their 
husbands' signatures on the application form. Once she has a passport, 
a married woman does not need her husband's permission to travel, but 
he may prevent her departure from the country by contacting the 
immigration authorities and placing a 24-hour travel ban on her. After 
this 24-hour period, a court order is required if the husband still 
wishes to prevent his wife from leaving the country. All minor children 
must have their father's permission to travel outside of the country. 
Citizens were free to emigrate and to return. Security forces in Kuwait 
City occasionally set up checkpoints at which they may detain 
individuals (see Section 1.d.). The checkpoints were mainly for 
immigration purposes and were used to apprehend undocumented aliens. In 
July the Ministry of the Interior allowed expatriates a 45-day grace 
period to legalize their residency status or to depart the country 
without facing possible legal action.
    The law permits the Government to place a travel ban on any citizen 
or foreigner who has a legal case pending before the courts. Members of 
licensed NGOs must obtain government approval to attend international 
conferences as official representatives of the NGO (see Sections 2.b. 
and 4). The Government severely restricted the ability of its bidoon 
population to travel abroad (see Sections 2.d. and 5). In January a 
bidoon was arrested at a border post and charged with attempting to 
leave the country illegally.
    The Government has abandoned its previous policy of limiting the 
presence of workers from nations whose leaders had supported Iraq in 
the Gulf War. In August 2001, the Interior Minister announced that 
there were no longer any special restrictions or permits required for 
Palestinian workers wishing to return to the country. At year's end, 
there were approximately 30,000 to 40,000 Palestinians, 30,000 to 
40,000 Jordanians, and 4,000 Yemenis resident in the country.
    While the Government permitted the ICRC to verify if deportees 
objected to returning to their countries of origin, it detained those 
with objections until they either changed their minds or made 
alternative arrangements to travel to another country (see Section 
1.d.).
    There was no legislation governing refugees, asylees, or first 
asylum, and no clear standard procedure for processing a person's claim 
to be a refugee. The Constitution prohibits the extradition of 
political refugees. The Government stated that it did not deport anyone 
who claimed a fear of persecution in their home country, but it often 
kept such persons in detention rather than grant them permission to 
live and work in the country (see Section 1.d.). There were no reports 
of the forced return of persons to a country where they feared 
persecution. The U.N. High Commissioner for Refugees (UNHCR) maintained 
an office in the country and had access to refugees in detention.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens do not have the right to change their government. Under 
the Constitution, the National Assembly has a limited role in approving 
the Amir's choice of Crown Prince (the future Amir). If the Assembly 
rejects the Amir's nominee, the Amir then submits three names from 
which the Assembly must choose the new Crown Prince. There is no 
universal suffrage; only about 14.8 percent of citizens have the right 
to vote. Women, and citizens naturalized for less than 20 years, may 
not vote or seek election to the National Assembly. Members of the 
armed forces, police, and other uniformed personnel of the Ministry of 
Interior are prohibited from voting or seeking election to the National 
Assembly.
    Under the Constitution, the Amir holds executive power and shares 
legislative power with the National Assembly. The Prime Minister is 
appointed by the Amir and presides over a 16-member cabinet, which he 
chooses in consultation with the Amir. In accordance with the practice 
of the ruling family (but not specifically the Constitution), the Prime 
Minister always has been the Crown Prince. The Constitution empowers 
the Amir to suspend its provisions and to rule by decree. The Amir 
suspended constitutional provisions and dissolved the National Assembly 
from 1976-81, and in 1986 the Amir effectively dissolved the Assembly 
by suspending the constitutional provisions on the Assembly's election. 
The Assembly remained dissolved until 1992, when elections were held. 
Since 1992 the constitutional provisions with respect to the Assembly 
have been observed. The Constitution provides that cabinet members sit 
in the National Assembly and may vote on legislation. At least one 
member of the Cabinet must be an elected member of the National 
Assembly.
    There were 50 elected National Assembly members. Members served 4-
year terms, and National Assembly elections have been held on schedule 
since 1992. The Government banned political parties; however, several 
well-organized and unofficial blocs, acting much as political parties, 
existed and were active in the National Assembly. The Government 
acknowledged and, at times, worked with these blocs, which were 
organized on the basis of common ideological goals. Most political 
blocs joined to form coalitions during the year. The coalitions issued 
platforms and expressed an intention to run together in the next 
elections. Several called for formal recognition as political parties, 
although the Government indicated that it was not prepared to 
acknowledge them as such. Because of the ban on political parties, 
Assembly candidates must nominate themselves.
    The Constitution empowers the National Assembly to overturn any 
amiri decrees made during its dissolution, and the Assembly has done so 
in some cases. During its first session of 1999, the National Assembly 
rejected 35 of 60 amiri decrees issued during the dissolution of the 
Assembly, including the decree providing for women's political rights. 
The National Assembly did not amend any amiri proposals during the 
year.
    In December 2000, a by-election was held to fill the seat of a 
deceased assembly member. The election campaign was considered 
generally free and fair. Press reports cited allegations of vote buying 
leveled at the candidate who won the election; however no official 
accusations were made.
    In February 2001, the Cabinet resigned after a number of its 
members were scheduled for intense formal questioning by the National 
Assembly. At the request of the Amir, the Prime Minister formed a new 
government that included changes in key ministerial positions.
    In October 2001, various assembly members proposed formal 
questioning of four ministers. In the most serious case, the Minister 
of Oil was accused of being an agent for a foreign petroleum company 
because his wife was allegedly on the company's payroll. Liberal 
assembly members complained that Islamists were using the threat of 
formal questioning to change government policy on specific issues, such 
as regulation of Islamic charities and gender segregation.
    Women did not have the right to vote and had little opportunity to 
influence government. A May 1999 amiri decree gave women the right to 
vote, to seek election to the National Assembly beginning with the 
National Assembly election scheduled for 2003, and to hold cabinet 
office. However, in November 1999, the Parliament vetoed the May 
decree, based in part on the Amir having bypassed the Assembly by 
introducing the change while the Assembly was not in session and in 
part on traditionalist resistance to women's suffrage. Shortly 
thereafter members of the Assembly introduced identical legislation, 
but it also was defeated. No new legislation has been introduced by 
either the Government or by assembly members. In June 2001, a poll of 
university students showed that 84 percent of female students and 65 
percent of male students favored women's suffrage. Women did hold some 
relatively senior nonpolitical positions within some ministries.
    There was one Shi'a member of the Cabinet, the Minister of 
Commerce. Of 50 National Assembly members, 6 were Shi'a, as was the 
armed forces Chief of Staff.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government continued its practice of preventing the 
establishment of new local human rights groups by not approving their 
requests for licenses (see Section 2.b.). Since 1985 the Government has 
issued only five licenses. The only local human rights NGO in operation 
was the Kuwait Human Rights Society. The Government refused other 
license requests on the grounds that previously established NGOs 
already provided services similar to those proposed by the petitioners. 
Members of licensed NGOs must obtain permission from the Government to 
attend international conferences as official representatives of the 
NGO; however, there were no cases of NGOs being restricted from 
attending any conference during the year (see Sections 2.b. and 2.d.). 
NGOs cannot receive foreign funding without government authorization.
    The Government has not shut down any unlicensed NGOs since early 
2000. In August 2001, the Government began prohibiting public 
collection boxes for unlicensed Islamic charities to prevent potential 
misuse of funds (see Sections 2.b. and 2.c.).
    The Government permitted international human rights organizations 
to visit the country and to establish offices. Several organizations 
conducted fieldwork and reported excellent communication with and 
reasonable cooperation from the Government. For example, AI and Human 
Rights Watch regularly exchanged information with the Government either 
directly or through the Arab Human Rights Organization.
    The Government has cooperated fully in the work of the U.N. Special 
Rapporteurs for Iran and Iraq and the high-level representative of the 
Secretary General on the issue of its citizens missing in Iraq since 
the end of the Gulf War. In 2000 the Government submitted its first 
periodic report on the implementation of the International Covenant on 
Civil and Political Rights.
    The Government cooperated closely with the International Labor 
Organization (ILO), which sent two senior officials in November 2001 to 
advise them on how to improve the labor situation within the country. 
At the ILO's urging, the Government agreed to ratify the remaining two 
of eight conventions from the ILO's Declaration of Basic Rights at 
Work. The Ministry of Social Affairs and Labor approved the provisions, 
which were being reviewed by the Legal Advice and Legislation 
Department at year's end.
    The National Assembly has an active Human Rights Committee, which 
took testimony from individuals regarding abuses, investigated 
conditions in prisons and nursing homes, and made nonbinding 
recommendations for redress. Despite its designation as an advisory 
body, the Human Rights Committee has shown that, in practice, it is 
able to mobilize government agencies to address significant human 
rights problems. In July 2001, the committee announced that it would 
publish an annual report on human rights in the country; however the 
report had not been published at year's end.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution prohibits discrimination based on race, national 
origin, language, or religion. However, many laws and regulations 
discriminated against women and noncitizens, who faced widespread 
social, economic, and legal discrimination.

    Women.--Violence against women was a problem. Each of the country's 
50 police stations reportedly received on average 1 to 2 complaints of 
spousal abuse each week, although this may be understated. Of the 
complaints received, approximately 60 percent involved spousal abuse of 
noncitizen women. The police and the courts generally sought to resolve 
family disputes informally. The police referred serious cases to the 
Ministry of Health. The courts have found husbands guilty of spousal 
abuse.
    Rape and sexual assault remained serious problems, particularly for 
foreign domestic servants or unskilled workers. The police occasionally 
arrested rapists who held their victims for a period of days, raping 
them repeatedly. The law provides that citizens found guilty of crimes 
that violate moral integrity, such as rape or incest, are forbidden 
from holding public jobs. In January, the court upheld a 15-year prison 
sentence handed down to a police officer who kidnaped and raped a 
woman. In June, three Bangladeshi men convicted of the 1996 rape and 
murder of a Sri Lankan housemaid were hanged. There were 10 reported 
incidents of gang rape during the year.
    Some employers physically abused foreign women working as domestic 
servants, and, despite economic and social difficulties for a domestic 
servant who lodged a complaint, there were continuing reports of the 
rape of such women by male employers and male coworkers. The local 
press devoted considerable attention to the problem, and both the 
police and the courts have taken action against employers when 
presented with evidence of serious abuse. Some rapes resulted in 
unwanted pregnancies. There were reports of domestic servants killing 
children that were fathered by employers. Occasionally, domestic 
workers were charged with assaulting their employers; in such cases, 
the workers claimed that they acted in response to physical abuse or 
poor working conditions. There were also dozens of reports of domestic 
workers committing or attempting to commit suicide because of 
desperation over poor working conditions. In general these involved 
hanging or jumping from windows.
    Foreign-born domestic employees have the right to sue their 
employers for abuse, but few do so, fearing judicial bias and 
deportation. A specialized police facility investigated some complaints 
and provided some shelter for runaway maids (see Sections 6.c. and 
6.e.).
    There were a number of pending cases in which foreign-born domestic 
employees were tortured, severely beaten, or died at the hands of their 
employers. In April, an Indian maid was beaten severely and tortured 
over a period of several months by her sponsor's family members, 
including the children of the sponsor. The maid suffered severe head 
trauma that included nearly having her ear amputated at the hands of 
the sponsor's family. The wife of the sponsor was arrested and was 
awaiting trial at year's end. The maid has since returned to her home 
in India. The case prompted considerable public concern.
    In April, a citizen woman was sentenced to 7 years in jail for 
beating her Indonesian maid to death with a vacuum cleaner. Three of 
her children were acquitted. There were no new developments in the 
kidnap, rape, torture, and beating of a group of four domestic workers 
allegedly by state security employees in June 2000.
    Runaway servants, including many women alleging physical or sexual 
abuse, often seek shelter at their country's embassy for repatriation 
or a change in employers (see Sections 6.c. and 6.e.). At any given 
time, nearly 1,000 women were reported to be in embassy shelters.
    Unemployed, runaway foreign domestic workers were susceptible to 
recruitment into prostitution. The police actively enforced laws 
against pandering and prostitution, with arrests reported almost every 
week. Prostitutes generally were deported to their countries of origin. 
In recent years, procurers received stiff jail terms. There were at 
least three reports during the year of procurers kidnaping maids off 
the street and forcing them into prostitution.
    ``Honor'' crimes are not considered acceptable and there is no 
provision in the Criminal Code that allows for leniency in such cases. 
In May, three men and one woman were arrested for taking part in an 
'honor killing' that resulted in the death of a 6-year old female 
citizen. The killing was allegedly planned to avenge the honor of the 
arrested woman's family after it was discovered that the woman had a 
sexual relationship with the victim's brother. The case was under 
appeal at year's end.
    There have also been reports of women, mainly from Asia who have 
been trafficked and brought into the country to work as prostitutes. 
Many had initially been brought to the country as domestic servants 
(see Section 6.f.).
    Women continued to experience legal and social discrimination. 
Women are denied the right to vote (see Section 3). Their testimony is 
worth half that of a man's in proceedings before the family courts (see 
Section 1.e.). Married women require their husbands' permission to 
obtain a passport (see Section 2.d.). By law only men are able to 
confer citizenship; therefore, children born to citizen mothers and 
stateless fathers are themselves stateless. The Government forbids 
marriage between Muslim women and non-Muslim men (see Sections 1.f. and 
2.c.). Inheritance is governed by Islamic law, which differs according 
to the branch of Islam. In the absence of a direct male heir, Shi'a 
women may inherit all property, while Sunni women inherit only a 
portion, with the balance divided among brothers, uncles, and male 
cousins of the deceased.
    In January, the Undersecretary of the Ministry of Education stated 
that the election law was the main hurdle to women's political rights. 
In February the Court of First Instance postponed a decision on the 
case of two women seeking the right to vote. On February 18, women 
participated in a march to be included in the electoral rolls. In 
March, the Interior and Defense Committee of the National Assembly 
rejected the women's suffrage bill on the basis that the Legislative 
and Legal Committee already had rejected it. In April the court 
postponed the case of a woman suing to register her name on the 
electoral roll.
    Women traditionally are restrained from choosing certain roles in 
society, and the law restricted women from working in ``dangerous 
industries'' and trades ``harmful'' to health. However, almost all 
citizens worked for the state in office jobs. Educated women maintained 
that the conservative nature of society limited career opportunities. 
An estimated 33 percent of citizen women of working age were employed. 
The law provided for ``remuneration equal to that of a man provided she 
does the same work.'' This provision was respected in practice. A few 
women have been appointed to senior positions in the Ministry of 
Education, the Ministry of Planning, and the state-owned Kuwaiti 
Petroleum Corporation. There was one female ambassador and two female 
undersecretaries; however, there were no female judges or prosecutors.
    There is no specific law that addressed ``sexual harassment''; 
however, it was not reported to be a problem other than for domestic 
servants.
    In cases of divorce, the Government makes family entitlement 
payments to the divorced husband, who is expected by law and custom to 
provide for his children even though custody of minor children usually 
was given to the mother. The law discriminated against women married to 
foreign men. Such women are not entitled to government housing 
subsidies, which are available to male citizens. The law also requires 
women to pay residence fees for their husbands and does not recognize 
marriage as the basis for granting residency to foreign-born husbands. 
Instead the law grants residency only if the husband is employed. By 
contrast male citizens married to foreign-born women do not have to pay 
residency fees for their spouses, and their spouses' right to residency 
derives from marriage.
    In response to pressure from the National Assembly to comply with a 
law passed in 1996, the university increased the number of classes 
segregated by gender. Although deans have the option to leave higher 
level classes mixed if it can be justified because of lack of 
professors or classroom space, the number of mixed classes dropped 
during the year, and all freshman and sophomore classes are segregated 
by gender.
    Polygyny is legal; however, it was more common among tribal 
elements of the population.
    There were several women's organizations that followed women's 
issues, among the most active of which were the Women's Cultural and 
Social Society (WCSS) and the Women's Affairs Committee.

    Children.--The Government is committed to the welfare of children. 
Citizen boys and girls received a free education, which extended 
through the university level, including advanced degrees. The 
Government provided free health care and a variety of other services to 
citizen children; noncitizen children must pay a small fee to be 
admitted into a health facility and additional fees for specialized 
care. Citizen parents also received a monthly government allowance for 
each child.
    The marriage of girls under the age of 17 was uncommon among the 
urban population but remained a practice of the Bedouins in outlying 
areas. There were credible reports of underage South Asian and 
Southeast Asian girls working as domestic servants (see Sections 6.c. 
and 6.d.).
    Young boys from Bangladesh, Sudan, Eritrea are brought into the 
country to be used as camel jockeys (see Sections 6.c., and 6.d.). Many 
of the jockeys came to the country from racing during the season in 
other Gulf nations.
    There is no societal pattern of abuse of children; however, there 
were some cases of male youths, some as young as 6 years old, raped by 
men or gangs of other male youths. There were incidents of arrests in 
some cases, but no convictions were reported.

    Persons with Disabilities.--There was no institutionalized 
discrimination against persons with disabilities in employment, 
education, or in the provision of state services. Legislation passed by 
the National Assembly in 1996 mandated accessibility for persons with 
disabilities to all public facilities, and provided an affirmative 
action employment program for persons with disabilities. However, this 
law has not been implemented fully. The law prohibits discrimination 
against persons with disabilities and imposes penalties against 
employers who refrained from hiring persons with disabilities without 
reasonable cause. The Government paid extensive stipends to citizens 
with disabilities, which covered transportation, housing, job training, 
and social welfare. There were no similar provisions for noncitizens.

    National/Racial/Ethnic Minorities.--The plight of the 74,000 bidoon 
remained a significant problem, and the Government continued to address 
the issue. The bidoon (a term meaning ``without'') are Arabs who have 
residency ties to the country--some going back for generations, some 
for briefer periods--but who have no documentation of their 
nationality. The bidoon have been the objects of harsh government 
policy since the mid-1980s. Since 1985 the Government has eliminated 
the bidoon from the census rolls, discontinued their access to 
government jobs and free education, and sought to deport many. In 1993 
the Government decreed that bidoon males no longer would be allowed to 
serve in the military; however, in July 2001, the Minister of Defense 
suspended action to force bidoon to resign from the Army. The 
Government has denied bidoon official documents such as birth 
certificates, marriage certificates, civil identification, and drivers' 
licenses, which made it difficult for many unregistered bidoon, 
particularly young bidoon, to find employment. Bidoon paid more for 
medical care than citizens do, although less than residents of other 
countries. The Government did not issue travel documents to bidoon 
routinely, and if bidoon traveled abroad without documentation, they 
risked being barred from returning to the country unless they received 
advance permission from the immigration authorities. Marriages posed 
special hardships because the offspring of male bidoon inherited the 
father's undetermined legal status.
    A law passed in June 2000 required bidoon to register by June 27, 
2000 to begin the process under which they could be documented as 
citizens. The law provided that bidoon who were able to prove 
sufficient ties to the country (that is, their presence, or the 
presence of their forebears, in the country prior to 1965) were 
eligible to apply for citizenship directly. The Government currently 
has 122,216 bidoon cases on file. Of these, 30,824 officially have 
registered as bidoon and may be naturalized directly from bidoon 
status, if they are able to prove Kuwaiti nationality. However, the 
Government maintained that at least 40 to 50 percent of the bidoon were 
concealing their true identities. While the law allows up to 2,000 
registered bidoon to be naturalized each year, the Government only 
granted citizenship to 1,647 during the year. However, an additional 
5,500 bidoon in 3 categories--wives of citizens, sons of female 
citizens married to bidoon, and those whose male relatives are 
citizens--have been permitted to apply for citizenship beyond the 2,000 
per year limit.
    The Government has not stated clearly what will happen to bidoon 
unable to provide documentation proving sufficient ties. An Executive 
Committee in Charge of the Bidoon under the Ministry of Interior has 
been designated to resolve the issue. The Government had stated that 
those who did not register by the June 27, 2000 cut-off date and who 
did not rectify their status will be subject to deportation as illegal 
residents; however, no such action was taken during the year. There 
were no reports during the year that the Government decided the 
nationality of any bidoon without a hearing. As a result of what 
allegedly were fraudulent applications, the Government brought forgery 
charges against 108 bidoon applicants for naturalization since July 
2001. The only forgery conviction was in 2001.
    Since July 2000, when the new law went into effect, 5,312 bidoon 
have been documented as citizens of other countries. Most have admitted 
to Saudi or Syrian origin. Once documented, bidoon are able to obtain 
residency permits and other official papers. However, there also were 
credible reports of government authorities encouraging bidoon to 
purchase counterfeit passports in order to establish a claim to an 
alternate nationality.
    In June, the Council of Ministers and the Amir discussed a draft 
law which would require bidoon to submit a passport with a valid permit 
when applying for Kuwaiti citizenship. The Council of Ministers and the 
Amir approved the draft law and referred it to the National Assembly 
for ratification. A final vote on the law had not yet taken place by 
year's end.

Section 6. Worker Rights

    a. The Right of Association.--Workers had the right to join unions. 
Nonetheless, the Government restricted the right of freedom of 
association by stipulating that there be only one union per 
occupational trade, and that unions may establish only one federation. 
The International Labor Organization (ILO) has long criticized such 
restrictions.
    Approximately 60,000 persons, less than 5 percent of a total work 
force of 1.27 million, were organized into unions, of which 14 were 
affiliated with the Kuwait Trade Union Federation (KTUF), the sole 
legal trade union federation. The Bank Workers Union and the Kuwait 
Airways Workers Union were independent of the KTUF. The law stipulates 
that any new union must include at least 100 workers, 15 of whom must 
be citizens. Both the ILO and the International Confederation of Free 
Trade Unions (ICFTU) have criticized this requirement because it 
discourages unions in sectors that employ few citizens, such as the 
construction industry and the domestic servant sector. Only 5.6 percent 
of employed citizens worked in the private sector. Despite KTUF 
complaints about the need for an updated law, draft proposals for a new 
labor law have remained under consideration for more than 10 years.
    A new draft Labor Law was submitted in November 2001 to the Council 
of Ministers. At year's end, the Council of Ministers Legal Affairs 
Committee was examining it.
    The Government's pervasive oversight powers further eroded union 
independence. The Government subsidizes as much as 90 percent of most 
union budgets and may inspect the financial records of any union. The 
ILO has criticized the legal prohibition on any union from engaging in 
political or religious activities, which are vaguely defined. The law 
empowers the courts to dissolve any union for violating labor laws or 
for threatening ``public order and morals,'' although such a court 
decision may be appealed. The Amir also may dissolve a union by decree. 
By law the Ministry of Social Affairs and Labor is authorized to seize 
the assets of any dissolved union. The ILO has criticized this aspect 
of the law. Although no union has been dissolved, the law subordinates 
the legal existence of the unions to the power of the State.
    According to government statistics published during the year, 
1,021,481 foreigners were employed in the country. They constituted 
over 80 percent of the work force but less than 5 percent of the 
unionized work force. The Labor Law discriminated against foreign 
workers by denying them voting rights and by permitting them to join 
unions only after 5 years of residence, although the KTUF stated that 
this requirement was not enforced. The KTUF administered an Expatriate 
Labor Office, which was authorized to investigate complaints of foreign 
laborers and provide them with free legal advice. Any foreign worker 
covered under the Labor Law, which excluded domestic servants, could 
submit a grievance to the Labor Office regardless of union status. 
However, such services were not utilized widely.
    In November 2001, two senior members of the ILO Secretariat advised 
the Government on how to improve its labor situation, including 
ratification of the remaining two of eight conventions from the ILO's 
Declaration of Basic Rights at Work. The Ministry of Social Affairs and 
Labor approved the provisions, which were under review by the Legal 
Advice and Legislation Department at year's end. In addition to other 
areas of ongoing concern, ILO officials also pointed to problem areas 
where the Government could make improvements, including low wages and 
widespread abuse of domestic servants, and the lack of a minimum wage 
for workers, who must pay health, education, and other fees to the 
Government. The ILO officials commended the Government for progress in 
increased freedoms for existing trade unions and improved rights for 
workers, such as sick leave and end-of-service benefits.
    The Labor Law prohibits antiunion discrimination. Any worker who 
alleges antiunion discrimination has the right to appeal to the 
judiciary. There were no reports of discrimination against employees 
based on their affiliation with a union. Employers found guilty of 
antiunion discrimination must reinstate workers fired for union 
activities.
    Unions may affiliate with international bodies. The KTUF belonged 
to the International Confederation of Arab Trade Unions and the 
formerly Soviet-controlled World Federation of Trade Unions.

    b. The Right to Organize and Bargain Collectively.--Workers have 
the right to organize and bargain collectively, subject to certain 
restrictions (see Section 6.a.). These rights have been incorporated in 
the Labor Law and, according to all reports, have been respected in 
practice.
    The Labor Law provides for direct negotiations between employers 
and ``laborers or their representatives'' in the private sector. Most 
disagreements were resolved in such negotiations; if not, either party 
may petition the Ministry of Social Affairs and Labor for mediation. If 
mediation fails, the dispute is referred to a labor arbitration board, 
which is composed of officials from the High Court of Appeals, the 
Attorney General's office, and the Ministry of Social Affairs and 
Labor.
    The Civil Service Law makes no provision for collective bargaining 
between government workers and their employer. Technically, wages and 
conditions of employment for civil service workers are established by 
the Government, but in practice, the Government sets the benefit scales 
after conducting informal meetings with officials from the civil 
service unions. Union officials resolved most issues at the working 
level and had regular access to senior officials.
    The law limits the right to strike. It requires that all labor 
disputes must be referred to compulsory arbitration if labor and 
management are unable to reach a solution. The law does not contain any 
provision ensuring strikers freedom from legal or administrative action 
taken against them by the State. However, the Ministry of Labor and 
Social Affairs has proved responsive to sit-ins or protests by workers 
who faced obvious wrongdoing by their employers.
    There were no strikes during the year.
    There were no export processing zones.

    c. Prohibition of Forced or Bonded Labor.--The Constitution 
prohibits forced labor ``except in cases specified by law for national 
emergency and with just remuneration''; however, many unskilled foreign 
workers were treated like indentured servants (see Section 6.e.). The 
Constitution prohibits forced and bonded labor by children. However, 
there were reports of young boys being used as camel jockeys, as well 
as of underage girls working as domestic servants (see Sections 5 and 
6.d.).
    Foreign workers generally may not change their employment without 
permission from their original sponsors unless they have been in the 
country for more than 2 years. Domestic workers particularly were 
vulnerable to abuses stemming from restrictions on transferring 
sponsorship because the Labor Law does not protect them. In many cases 
employers exercised control over their servants by withholding their 
passports, although the Government prohibits this practice, and in some 
instances acted to retrieve the passports of maids involved in 
disputes.
    Some foreign workers, especially unskilled or semiskilled South 
Asian workers, lived and worked much like indentured servants. They 
frequently faced poor working conditions and at times encountered 
physical abuse (see Sections 5 and 6.e.). Domestic servants who ran 
away from their employers could be treated as criminals under the law. 
However, the authorities usually did not enforce this provision. In 
some reported cases, employers illegally withheld wages from domestic 
servants to cover the costs involved in bringing them to the country.
    There were credible reports of widespread visa trading, a system by 
which sponsors agreed to extend their sponsorship to workers outside of 
the country in exchange for a fee of $1,500 to $4,000 (451 to 1202 
dinars). Middlemen, generally foreigners, used the promise of Kuwaiti 
sponsorship to attract workers from economically depressed countries, 
taking a commission and remitting the rest to the nominal sponsor. Once 
in the country, such workers were passed on to employers in the 
informal sector or found employment with parties that would otherwise 
be unable to sponsor them. Foreign workers who were recruited with 
these traded visas not only faced possible prosecution for being 
engaged in illegal employment (that is, working for an employer other 
than their sponsor), but also left themselves extremely vulnerable to 
extortion by employers, sponsors, and middlemen. Visa trading has 
resulted in growing numbers of unemployed foreign workers who buy visas 
to enter the country and then are unable to find work. Government 
efforts to crack down on visa trading, such as closing front companies 
for visa traders, have not made significant progress. There were laws 
aimed at curbing visa trading, with penalties against both employers 
and visa traders, but the laws seldom were enforced. Unlike in previous 
years, there were no cases of enforcement.
    For over 10 years, the ILO has criticized a 1979 legislative decree 
that requires prior authorization for public meetings and gatherings, 
and provides for a penalty of imprisonment including an obligation to 
work in a vocation of the prisoner's choosing within the prison system. 
The ILO also was critical of a 1980 legislative decree respecting 
security, order, and discipline aboard ships, breaches of which also 
may be punished by imprisonment with an obligation to work.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The legal minimum age is 18 years for all forms of work, 
both full- and part-time. Employers may obtain permits from the 
Ministry of Social Affairs and Labor to employ juveniles between the 
ages of 14 and 18 in certain trades. Juveniles may work a maximum of 6 
hours a day on the condition that they work no more than 4 consecutive 
hours followed by a 1-hour rest period.
    Article 42 of the Constitution prohibits forced labor, including 
forced or bonded labor by children. In addition, the Labor Law 
prohibits child labor, forced or compulsory labor, and exploitation of 
workers. The Government has ratified 14 ILO conventions, including the 
conventions prohibiting servitude and forced labor, and its Labor Law 
enforced these conventions. Child labor was rare in the country; 
however, some South Asian and Southeast Asian domestic servants were 
under age 18 (see Sections 5 and 6.c.). Such underage workers 
reportedly falsified their ages in order to enter the country. There 
were reports of young boys being used as camel jockeys (see Sections 5 
and 6.c.). Some small businessmen employed their children on a part-
time basis.

    e. Acceptable Conditions of Work.--The Ministry of Social Affairs 
and Labor is responsible for enforcing all labor laws. An informal two-
tiered labor market ensured high wages for citizen employees, most of 
whom were in government white collar or executive positions, while 
foreign workers, even those in skilled positions, received 
substantially lower wages. In June 2001, the visiting Bangladeshi 
Foreign Minister reported that Bangladeshi domestic workers earned as 
little as $70 per month (21 dinars). There was no legal minimum wage in 
the private sector. In the public sector, the monthly minimum wage was 
approximately $753 (227 dinars) for citizens and approximately $300 (90 
dinars) for noncitizens. However, noncitizens did not receive the same 
social benefits as citizens and must pay fees for education and health 
care, which were provided free for all citizens. Private sector wages 
ranged from $10,000 (3,000 dinars) each month for top managers of large 
companies to between $500 to $2500 (150 to 750 dinars) for other 
skilled professionals and nonskilled workers. The public sector minimum 
wage provided a decent standard of living for a worker and family. 
Wages of unskilled workers in the private sector did not always provide 
a decent standard of living, with housemaids often making less than 
$115 (35 dinars) per month. To be eligible to sponsor family members 
for residency, government and private sector workers must receive a 
minimum wage of $1,500 (450 dinars) per month; this figure represented 
an 11 percent increase from 2001.
    The Labor Law establishes general conditions of work for the 
private sector, with the oil industry treated separately. The Civil 
Service Law also prescribes additional conditions for the public 
sector, which consisted almost entirely of citizen workers. The Labor 
Law limits the standard work week to 48 hours with 1 full day of rest 
per week, provides for a minimum of 14 workdays of leave each year, and 
establishes a compensation schedule for industrial accidents. In July 
2001, the Government initiated a new program of unemployment allowances 
for citizen graduates who are unable to find jobs in the public sector 
or with private companies, providing regular payments until such 
positions are found. Domestic servants, who specifically were excluded 
from the Labor Law, frequently worked long hours, greatly in excess of 
48 hours.
    The ILO has urged the Government to extend the weekly 24-
consecutive-hour rest period to temporary workers employed for a period 
of less than 6 months and workers in enterprises employing fewer than 
five persons. The law pertaining to the oil industry provides for a 40-
hour workweek, 30 days of annual leave, and sick leave. Laws 
establishing work conditions were not applied uniformly to foreign 
workers.
    The Government has issued occupational health and safety standards; 
however, compliance and enforcement appeared poor, especially with 
respect to unskilled foreign laborers. To decrease accident rates, the 
Government periodically inspected installations to raise awareness 
among workers and employers, and to ensure that they abided by the 
safety rules, controlled the pollution resulting from certain dangerous 
industries, trained workers who use new machines in specialized 
institutes, and reported violations. Workers had the right to remove 
themselves from dangerous work situations without jeopardizing their 
continued employment, and legal protection existed for both citizen and 
foreign workers who filed complaints about such conditions. However, 
the Government never has devoted sufficient attention to worker safety 
issues, which has resulted in poor training of inspectors, inadequate 
injury reports, and no link between insurance payments and accident 
reports.
    While the law mandates that all outdoor work stop in the event that 
the temperature rises above 122 degrees Fahrenheit, there were 
allegations that the Government's meteorological division falsified 
official readings to allow work to proceed; however, the Meteorological 
Division consistently has denied these allegations. During the months 
of July and August 2001, the official temperature was documented above 
122 degrees Fahrenheit on several occasions, but work reportedly 
continued at many outdoor locations. At the Ahmadi Port refinery, work 
continued in intense heat despite the collapse of three workers. 
Refinery shift supervisors reportedly asked for postponement of outdoor 
activities until the evening, but management refused their request.
    Employers often exploited workers' willingness to accept 
substandard conditions. Some foreign workers, especially unskilled or 
semiskilled South Asian workers, lived and worked much like indentured 
servants, were unaware of their legal rights, and generally lacked the 
means to pursue a legal remedy. They frequently faced contractual 
disputes and poor working conditions, and may face physical and sexual 
abuse (see Sections 5 and 6.c.). Most were in debt to their employers 
before they arrived in the country and had little choice but to accept 
the employer's conditions, even if they breached the contractual terms. 
It was not uncommon for wages to be withheld for a period of months, or 
to be decreased substantially. Many foreign workers were forced to live 
in ``housing camps,'' which generally were overcrowded and lacked 
adequate cooking and bathroom facilities. Workers were housed 10 or 
more to a room in squalid conditions, many without access to adequate 
running water. The workers were only allowed off the camp compound on 
company transport or by permission of the employer. Foreign workers' 
ability to change their employment was limited, and, in some cases, 
employers' possession of foreign workers' passports allowed them to 
exercise control over such employees (see Section 6.c). Many foreign 
workers went heavily into debt and could not afford to return home.
    The Labor Law discriminates against foreign workers by limiting 
their ability to join unions (see Section 6.a.). The KTUF administered 
an Expatriate Labor Office, which was authorized to investigate 
complaints of foreign laborers and provide them with free legal advice. 
However, these services were not utilized widely. Any foreign worker 
could submit a grievance to the labor office regardless of union 
status.
    The Labor Law provides for employer-provided medical care and 
compensation to both citizen and foreign workers disabled by injury or 
disease due to job-related causes. Once a worker files a claim, the 
courts decide the amount of compensation, which is paid in one lump sum 
rather than monthly payments. Workers, especially foreigners, have had 
difficulty enforcing such decisions. The law also requires that 
employers provide periodic medical examinations to workers exposed to 
environmental hazards on the job, such as chemicals and asbestos. 
Foreigners must pay high fees for medical care, both yearly and each 
time medical care is provided. Many employers deducted the medical fees 
from employees' salaries. Adequate and affordable health care remained 
a problem for many foreign workers. No health insurance system existed.
    Domestic servants were not covered under the Labor Law. Those who 
flee their employers may be treated as criminals, although the 
authorities usually did not prosecute them. In some reported cases, 
employers illegally withheld wages from domestic servants to cover the 
costs involved in bringing them to the country. It is also a common 
practice for employers illegally to withhold their passports. Maids 
paid the same amount or more than other unskilled or semiskilled 
workers for visas to work in the country.
    Runaway servants often sought help at their country's embassy for 
either repatriation or assistance in dealing with employers. The 
numbers of servants in need of assistance remained high during the year 
as conditions for domestic employees remained poor.
    Although most such workers sought shelter due to contractual or 
financial problems with their employers, some women also alleged 
physical and sexual abuse. Some embassies continued to report the 
steady occurrence of physical abuse and mistreatment involving domestic 
servants, including withheld salaries, overwork, and not being fed 
regularly or enough. Each government has attempted to register its 
nationals who arrive to work in the country as domestic employees and 
to regulate recruiting agents in their home countries, without much 
success. Limited services provided by the police facility designated to 
mediate among embassies, domestic workers, and employers made it very 
difficult for domestic servants to file complaints, receive withheld 
salary, or reach settlement in cases of mistreatment. Domestic servants 
must deal with neighborhood police stations, whose personnel are 
untrained and inexperienced in handling their cases and often side with 
the employer (see Sections 5 and 6.c.).
    Some countries either have warned their female citizens about such 
work conditions or banned them altogether from working in the country 
as domestic servants. The Government of India officially banned its 
nationals from working in the country as domestic employees, but Indian 
nationals still buy visas and enter the country as domestic workers. In 
2000 the Egyptian Foreign Minister warned women seeking employment in 
all Gulf countries to ``exercise caution'' and to avoid being forced 
into illegal activities. In June 2001, the Bangladeshi government 
lifted its ban on domestic servants coming to the country.
    The courts find in favor of employees in an estimated 90 percent of 
the labor disputes they hear, but this success did not result in 
improved conditions for foreign workers. No legal mechanism exists for 
foreign workers to enforce settlements. There is no compulsion for 
employers to obey court rulings, and workers often did not receive 
court-ordered compensation. Employers also reportedly used illegal 
methods to pressure foreign employees to drop cases against them, such 
as by withholding their passports, encouraging police intimidation and 
brutality, and filing criminal charges against them for fabricated 
crimes, such as theft.

    f. Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons, although laws against slavery, prostitution, 
forced labor, coercion, kidnaping, and other acts could be used to 
prosecute traffickers. The Government has ratified some international 
conventions that commit it to apply these laws.
    In April a report on female foreign workers in the country showed 
that the migrants had been promised domestic work, but often were 
employed in other work. In addition, many were expected to provide 
sexual services in addition to their domestic services and a modest 
proportion were engaged in prostitution exclusively.
    In three incidents during the year, procurers kidnaped domestic 
servants off the street and temporarily forced them into prostitution. 
In these cases, the kidnapers were arrested and the domestic servants 
released.
    In 2001 police broke up several organized rings involved in 
prostitution and the trading of sex slaves. In one of the rings, 
approximately 100 prostitutes, along with their pimps and clients, were 
arrested. Fifty were young Asian women who had been traded as sex 
slaves.
                               __________

                                LEBANON

    Lebanon is a parliamentary republic, with a constitution dating 
from 1926, in which, based on the unwritten ``National Pact of 1943,'' 
the President is a Maronite Christian, the Prime Minister a Sunni 
Muslim, and the Speaker of the Chamber of Deputies a Shi'a Muslim. 
President Emile Lahoud took office in 1998 after an election by 
Parliament that was heavily influenced by Syria. The Parliament 
consists of 128 deputies, equally divided between Christian and Muslim 
representatives. In parliamentary elections in 2000, incumbent Prime 
Minister Salim al-Hoss lost his seat in a contested election, and 
former Prime Minister Rafiq Hariri was named Prime Minister by 
President Lahoud in October 2000. According to international observers, 
the elections were flawed; however, there reportedly were fewer voting 
irregularities than in the 1996 parliamentary elections. Although the 
judiciary was independent in principle, in practice, it was subject to 
political pressure.
    Non-Lebanese military and paramilitary forces retained significant 
influence over much of the country. According to the 1989 Taif Accord, 
a peace settlement to end the civil war, the Syrian and Lebanese 
governments were to determine the redeployment of Syrian troops to 
specified areas of the Biqa' Valley, with full withdrawal contingent 
upon subsequent agreement by both governments. The Syrian government 
did not carry out this partial redeployment and has prevented 
implementation of other political reforms stipulated by the Taif 
Accord. Strong Syrian influence over local politics and decision makers 
made officials unwilling to press for further progress on fulfilling 
Taif agreements, including Syrian withdrawal. Since the Taif Accord was 
signed, no government has requested formally the withdrawal of Syrian 
forces. The Government's relationship with Syria did not reflect the 
will of most of the country's citizens.
    In 1991 the Governments of Syria and Lebanon concluded a security 
agreement that provided a framework for security cooperation between 
their armed forces. Approximately 22,000 Syrian troops were stationed 
in locations throughout the country, excluding the south. An 
undetermined number of Syrian military intelligence personnel in the 
country continued to conduct their activities independently.
    Until May 2000, Israel exerted control in or near its self-
proclaimed ``security zone'' in the south through direct military 
action and support for its surrogate, the South Lebanon Army (SLA). In 
2000, after 22 years of occupation, Israeli Defense Forces (IDF) troops 
withdrew from the south and the SLA disbanded. Following the 
withdrawal, the Government deployed more than 1,000 police and soldiers 
to the former security zone. The Government did not attempt to disarm 
Hizballah, a terrorist organization operating in the region.
    Palestinian groups operated autonomously in refugee camps 
throughout the country. Several armed Palestinian factions were located 
in the refugee camps, although their freedom of movement was restricted 
significantly. The Government did not attempt to assert state control 
over the Palestinian camps; however, during the year it successfully 
took into custody fugitives who had sought refuge in the camps.
    During the year, Hizballah, the influence of the Syrian government, 
and Palestinian groups all undermined the authority of the Government 
and interfered with the application of law in those areas not 
completely under the Government's control.
    The security forces consisted of the Lebanese Armed Forces (LAF), 
which may arrest and detain suspects on national security grounds; the 
Internal Security Forces (ISF), which enforced laws, conducted searches 
and arrests, and referred cases to the judiciary; and the State 
Security Apparatus and the Surete Generale, both of which collected 
information on groups deemed a possible threat to state security. The 
Surete Generale was responsible for the issuance of passports and 
residency permits, the screening and censoring of foreign periodicals, 
plays, documentaries, television programs, and movies, and the 
censoring of those parts that addressed national security issues and 
``morals.'' The security forces committed numerous, serious human 
rights abuses, sometimes acting independently, and other times on 
instruction of senior government officials.
    The country of approximately 4 million had a market-based economy, 
in which the majority of the private sector was employed in the service 
sector and in a small industrial sector. During the year, there was 
slow implementation of economic reforms, unfavorable domestic political 
developments, and continuing regional instability that led to nearly 
stagnant economic activity. Unemployment was estimated to be 
approximately 25 percent.
    The Government's overall 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 
significantly restricted by the lack of complete government control 
over parts of the country, shortcomings in the electoral system, the 
flawed 2000 elections, and Syrian influence. Members of the security 
forces used excessive force and tortured and abused some detainees. 
Prison conditions remained poor. Government abuses also included the 
arbitrary arrest and detention of persons who were critical of 
government policies. Despite a new Code of Criminal Procedure, enacted 
in 2001, lengthy pretrial detention and long delays in trials remained 
problems. The courts were subject to political pressure. During the 
year, the Government infringed on citizens' privacy rights and 
continued surveillance of political activities. The Government limited 
press and media freedom.
    The Government continued to restrict freedom of assembly and 
imposed some limits on freedom of association. There were some 
restrictions on freedom of religion. The Government imposed some limits 
on freedom of movement. Violence and discrimination against women, 
abuse of children, discrimination against Palestinians, forced labor, 
including by children, child labor, and the mistreatment of foreign 
domestic servants remained problems.
    Palestinian groups in refugee camps maintained a separate, often 
arbitrary, system of justice for Palestinians living in the camps. 
Palestinians sometimes appealed to the country's authorities for legal 
recourse, often through both their Lebanese and Palestinian agents in 
the camps. Lebanon 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. On November 21, American citizen 
missionary Bonnie Witherall was killed at the Sidon health clinic where 
she worked. It is believed that Sunni extremists, possibly operating 
from the Ain Al-Hilwah Palestinian refugee camp, were responsible. 
However, no group has claimed responsibility for the killing and the 
case remained unsolved at year's end (see Section 2.c.).
    On January 24, former Lebanese Forces Commander and former cabinet 
member Elie Hobeiqa and three of his bodyguards were killed when a car 
bomb exploded near Hobeiqa's residence. Five men were detained by the 
authorities for questioning but were later released. On May 21, Jihad 
Jibril, the son of the Secretary General of the Popular Front for the 
Liberation of Palestine-General Command, was killed when an explosive 
detonated inside his car. Two persons were in government custody in 
connection with the killings at year's end. Unknown groups claimed 
responsibility for the above killings. Also on May 21, the body of 
Ramzi Irani, the officer-in-charge of the banned Lebanese Forces at the 
Lebanese University was found 14 days after he was discovered missing. 
No one has claimed responsibility for his death.
    In March State Prosecutor General Adnan Addoum acknowledged that 
four persons had died in custody during 2000; a Sudanese asylum seeker 
and three SLA detainees died of natural causes. There were no reported 
deaths in custody during the year.
    The judicial system continued to suffer from a backlog of hearings 
into cases of deaths in custody, some as old as 6 years. Such cases 
sometimes involved individuals connected to political groups or accused 
of criminal activity.
    Following IDF withdrawal in 2000, violence in and around the former 
Israeli controlled security zone decreased significantly. However, 
there were a number of violent cross-border incidents since the 
withdrawal, involving Hizballah, Palestinian, and other unidentified 
armed elements. No incidents resulted in civilian deaths during the 
year.
    According to the LAF National Demining Office, there were 
approximately 400,000 landmines in the former security zone that had 
been occupied by Israel. The United Nations Interim Forces in Lebanon 
(UNIFIL) statistics on recorded landmines in the former security zone 
indicated that 50,644 antipersonnel mines were located in 108 
minefields along the Lebanon-Israel border. Since the Israeli 
withdrawal, there have been 35 deaths and 192 injuries due to landmine 
accidents.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    Since 1999 the Government has worked to investigate cases of 
disappearance during the civil war, concluding in September 2000 that 
all persons who disappeared at least 4 years before the end of the 
civil war were dead. However, in December 2000, following the release 
by the Syrian authorities of an estimated 149 Lebanese detainees from 
Syrian jails, including some who had been declared dead, the Government 
formed a new committee to reexamine the cases and received about 800 
applications from family members.
    In 2001 the Israeli government announced that the Israel soldiers 
kidnaped by Hizballah in 2000 were believed to be dead. During the 
year, Hizballah continued to maintain the position that it would 
release Israeli soldiers in return for the release of Arab prisoners 
held by Israel.
    In October 2000, Hizballah kidnaped IDF reservist Elhann 
Tannenbaum. At year's end, he was still presumed to be detained.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Torture is not banned specifically by the Constitution, 
and there continued to be credible reports that security forces abused 
detainees and, in some instances, used torture. Human rights groups 
reported that torture was a common practice. Violent abuse usually 
occurred during preliminary investigations conducted at police stations 
or military installations, in which suspects were interrogated without 
an attorney. Such abuse occurred despite laws that prevented judges 
from accepting any confession extracted under duress.
    Methods of torture reportedly included beatings and suspension by 
arms tied behind the back. Unlike in the past, there were no reported 
applications of electric shocks to the genitals.
    In 2001, the Justice Minister publicly stated that ``torture in 
Lebanese prisons is real, and mainly occurs during preliminary 
investigations.'' The Minister also added that the Government would 
adopt measures to eliminate the use of torture. By year's end, no 
measures had been taken.
    The Government initially held incommunicado most of the 3,000 SLA 
personnel who surrendered to authorities following the IDF's May 2000 
withdrawal; however, it subsequently allowed lawyers and family members 
to have access (see Section 1.d.). Some former SLA detainees reported 
that they were abused or tortured. Amnesty International (AI) and other 
human rights organizations reported that some detainees were beaten, 
handcuffed, blindfolded, and forced to lie face down on the ground.
    In 2001 security forces arrested hundreds of supporters of exiled 
General Michel 'Awn, and detained Tawfiq Hindi, political advisor to 
former Lebanese Forces commander Samir Ja'ja. (see Section 1.d.). Some 
of those arrested claimed that officers had abused them. They also 
alleged that they were psychologically tortured when authorities 
threatened their families.
    Abuses occurred in areas outside of the State's authority, 
including in Palestinian refugee camps. During the year, there were 
reports that members of the various groups who controlled the camps 
detained their Palestinian rivals (see Section 1.d.).
    Prison conditions were poor and did not meet minimum international 
standards. The Government did not allocate funds for prison reform.
    In 2001 members of the Parliamentary Commission for Human Rights 
visited all prisons in the country except those controlled by the 
Ministry of Defense. The Interior Ministry denied the press permission 
to accompany the delegation. The Chairman of the Commission 
subsequently stated that ``the health conditions of the prisoners are 
deplorable and require continuous care. We hope the women's prisons 
will be emptied and the prisoners transferred.'' He also indicated that 
of the 7,230 persons being held in prison, only 2,500 were convicted.
    In 2000 AI issued a report on prison conditions for women which 
highlighted numerous, serious human rights abuses, including torture, 
as well as the breach of legal rights of citizens. In response to 
public concern, the Prosecutor General appointed one of his senior 
aides to investigate allegations of torture and mistreatment of women 
in pretrial detention. In May, the Prosecutor's office issued a 
communique denying all allegations of torture against women. The 
Government has made a modest effort to rehabilitate some inmates.
    The Surete Generale, which is in charge of border posts, operated a 
detention facility. All detainees, mostly Egyptians and Sri Lankans, 
were detained there pending deportation. In 2001, the Surete Generale 
opened a new detention facility, which reportedly provided somewhat 
better conditions than the old facility. Their detention was supposed 
to be 1 to 2 months, pending the regularization of their status. 
However, some, mainly asylum seekers, were detained for more than a 
year.
    Former Lebanese Forces leader Samir Ja'Ja', who is serving four 
life sentences for the murder or attempted murder of various political 
figures during and after the civil war, was kept in solitary 
confinement in a prison in the basement of the Ministry of Defense. 
Government officials stated that his solitary confinement was necessary 
for his own protection.
    During the year, local journalists and human rights organizations 
were given access to certain prisons except those controlled by the 
Ministry of Defense. Following the Israeli withdrawal, the Government 
did not grant independent monitors access to former SLA soldiers in 
custody. In September the Cabinet ordered that International Committee 
of the Red Cross (ICRC) representatives should be allowed to visit all 
prisons, including the one under the control of the Ministry of 
Defense. However, by year's end ICRC had not done so because the 
Ministry of Defense had not granted permission.
    Prior to the Israeli withdrawal from the south, Hizballah detained 
and reportedly mistreated SLA members and suspected agents at unknown 
locations. The SLA operated its own detention facility, and there were 
frequent allegations of torture and mistreatment of detainees (see 
Section 1.d.).
    Hizballah did not permit visits by human rights monitors to those 
persons in its custody. Men, women, and juveniles were held separately 
in government prisons.

    d. Arbitrary Arrest, Detention, or Exile.--The law requires 
security forces to obtain warrants before making arrests; however, the 
Government used arbitrary arrest and detention. Military intelligence 
personnel made arrests without warrants in cases involving military 
personnel and those involving espionage, treason, weapons possession, 
and draft evasion (see Section 1.e.). In 2001 the Parliamentary 
Commission for Human Rights stated that of the 7,230 persons being held 
in prison, only 2,500 were convicted.
    In 2001 the Parliament enacted and put into effect a new Code of 
Criminal Procedure. The new law provides greater legal protection to 
suspects, including the right to a lawyer, to a medical examination, 
and to inform next of kin. Under the Code, arresting officers are 
required to refer a subject to a prosecutor within 48 hours of arrest, 
unless there were witnesses to the crime, in which case the suspect may 
not be held in custody more than 24 hours. The period may be extended 
to 48 hours with the agreement of the public prosecutor's office. If a 
suspect is held more than 48 hours without formal charges, the arrest 
is considered arbitrary and the detainee must be released. In such 
cases, officials responsible for the prolonged arrest may be prosecuted 
on charges of depriving personal freedom. A suspect caught in hot 
pursuit must be referred to an examining judge, who decides whether to 
issue an indictment or order the release of the suspect. Under the 
Code, bail is available in all cases regardless of the charges. Many 
provisions of the new Code were not observed in practice. Some police 
and members of the judiciary have claimed that they were not properly 
informed of the new provisions.
    Defendants had the right to legal counsel, but there was no state-
funded public defender's office. The Bar Association operated an office 
for those who could not afford a lawyer, and the court panel on many 
occasions asked the Bar Association to appoint lawyers for defendants.
    Security forces continued the practice of arbitrary detention and 
arrest. On several occasions during the year, security forces detained 
and arrested hundreds of citizens on grounds of national security. 
Protestors were also arbitrarily detained and arrested (see Section 
2.b.). The Government also detained, interrogated, and beat journalists 
(see Section 2.a.).
    In 2001, security forces arrested, interrogated, and searched the 
homes of more than 100 citizens, predominately Christian supporters of 
exiled General Michel 'Awn, and jailed commander of the disbanded 
Lebanese Forces, Samir Ja'Ja'. Most of the arrests and searches took 
place without warrants, and those arrested claimed that they were not 
given access to lawyers. The authorities allegedly forced most of them 
to sign affidavits stating that they would abstain from politics and 
released them within 2 weeks after their arrests. Some were blindfolded 
and forced to sign the affidavits without reading them; some of those 
who refused were beaten until they signed. Retired General Nadim Lteif, 
Coordinator of the Awnist movement, and Tawfiq Hindi, former political 
advisor of Samir Ja'Ja', were among those arrested. At least 77 of 
those detained were referred to both military and civilian courts (see 
Section 1.e.). All but five of those arrested were released within 
weeks. Two persons were held until November 2001, when they were 
released on bail. In March the court dropped all charges against them.
    In February, six men were arrested and accused of spying for Israel 
on Hizballah, as well as on Lebanese and Syrian military positions and 
Lebanese political figures and financial institutions. In September, 
military tribunals sentenced the men to terms ranging from 1 year in 
prison to death. Hassan Hashem, a former official of the country's 
Shi'a Amal militia, was sentenced to 3 years of hard labor. One 
defendant tried in absentia received a death sentence.
    On July 11, the military court of appeals sentenced Lebanese Forces 
political advisor Tawfiq Hindi and journalist Habib Younis to 15 months 
imprisonment for having established contacts with Israeli forces. The 
tribunal also convicted journalist Antoine Bassil for providing 
assistance to Israeli forces and sentenced him to 30 months. On 
November 9 and 16, respectively, Hindi and Younis were released.
    The Government initially held incommunicado most of the 3,000 SLA 
members who surrendered to the authorities following the IDF's 
withdrawal in 2000 (see Section 1.c.); however, lawyers and family 
members have since been provided access. The authorities often detained 
without charges for short periods of time political opponents and 
opponents of the Syrian government. Legal action against them remained 
pending; however, they were free to travel abroad.
    Palestinian refugees were subject to arrest, detention, and 
harassment by state security forces, Syrian forces, and rival 
Palestinians.
    Unlike in 2000, there were no allegations during the year of the 
transfer of citizens by government authorities to Syria. By year's end, 
9 of 54 persons turned over in 2000 to Syria remained in Syrian 
custody, including Abu Haytham Karara, an official of the Progressive 
Socialist Party. No formal charges were brought against them. Human 
rights activists believed that there were numerous Lebanese, 
Palestinians, and Jordanians in prolonged and often secret detention. 
According to AI, Syrian forces operating in Lebanon carried out 
searches, arrests, and detentions of Lebanese nationals outside any 
legal framework. The Government formed a committee in 2000 to 
investigate cases of those who disappeared during the civil strife (see 
Section 1.b.). Although it was due to report on its findings by July, 
the committee had not done so by year's end.
    Abuses occurred in areas outside of the State's authority, 
including the Palestinian refugee camps. During the year, there were 
reports that members of the various groups who controlled the camps 
detained their Palestinian rivals.
    During the year, there were no reports that Hizballah conducted 
arbitrary arrests in areas outside central government control.
    Israel continued to hold 20 Lebanese citizens, including Sheikh 
Abed al-Karim Obaid and Mustafa Dirani, who had been held without 
charge since 1989 and 1994, respectively.
    The law does not provide for forced exile, and it was not practiced 
regularly.

    e. Denial of Fair Public Trial.--The judiciary was independent in 
principle; however, it was subject to political pressure. The 
Constitution provides for a constitutional council to determine the 
constitutionality of newly adopted laws upon the request of 10 members 
of Parliament, and stipulates that judges shall be independent in the 
exercise of their duties; however, influential politicians as well as 
Syrian and Lebanese intelligence officers at times intervened and 
protected their supporters from prosecution.
    The judicial system consisted of the regular civilian courts; the 
Military Court, which tries cases involving military personnel and 
civilians in security-related issues; the Judicial Council, which tries 
national security cases; and the tribunals of the various religious 
affiliations, which adjudicate matters of personal status, including 
marriage, divorce, inheritance, and child custody (see Section 5).
    The Judicial Council is a permanent tribunal of five senior judges 
that adjudicates threats to national security. Upon the recommendation 
of the Minister of Justice, the Cabinet decides whether to try a case 
before this tribunal. Verdicts from this tribunal are irrevocable and 
may not be appealed.
    The Ministry of Justice appointed all other judges based on the 
religious affiliation of the prospective judge. A shortage of judges 
has impeded efforts to adjudicate cases backlogged during years of 
internal conflict. Trial delays were aggravated by the Government's 
inability to conduct investigations in areas outside of its control.
    In general trials were public, but judges had the discretion to 
make a court session secret. Defendants had the right to be present at 
trial and the right of timely consultation with an attorney. Defendants 
had the right to confront or question witnesses against them but must 
do so through the court panel, which decided whether or not to permit 
the defendant's question. Defendants and their attorneys had access to 
government-held evidence relevant to their cases and had the right of 
appeal. These rights generally were observed in practice.
    Defendants on trial for security cases, which were heard before the 
Judicial Council, had the same procedural rights as other defendants; 
however, there was no right to appeal in such cases. The testimony of a 
woman was equal to that of a man (see Section 5).
    The Military Court had jurisdiction over cases involving the 
military as well as those involving civilians in espionage, treason, 
weapons possession, and draft evasion cases. Civilians could be tried 
for security issues, and military personnel could be tried for civil 
issues. The military court had two tribunals-the permanent tribunal and 
the cassation tribunal-the latter of which heard appeals from the 
former. A civilian judge chaired the higher court. Defendants on trial 
under the military tribunal had the same procedural rights as 
defendants in ordinary courts.
    In 2000, the Military Court began trying the cases of the 
approximately 3,000 SLA militiamen who surrendered to the Government 
following the Israeli withdrawal from the south. Some of the former SLA 
militiamen were charged under Article 273 of the Penal Code for taking 
up arms against the State, an offense punishable by death; others were 
charged under Article 285 of the Penal Code for trading with the enemy, 
an offense punishable by a minimum of 1 year in prison. Domestic human 
rights groups and international nongovernmental organizations (NGOs) 
reported that the trials were open to journalists and members of the 
public but were not fair. AI reported that such summary trials neither 
allowed the innocent to be acquitted nor ensured the discovery of those 
who may be guilty of war crimes. According to AI, the court tried 
between 23 and 43 persons each day. SLA lawyers who requested an 
adjournment to study the files of detainees were granted additional 
time. However, in most cases, defense lawyers received the files 
shortly before trial and consequently were unable to argue the cases 
individually. The standard defense presented by lawyers for the 
militiamen was that the Government had been unable to defend citizens 
living under Israeli occupation for the last 22 years. Therefore the 
residents had no choice but to work with the occupiers.
    By year's end, more than 2,919 former SLA members had been tried 
and convicted. Approximately one-third of the former SLA members 
received 1-year prison sentences and approximately one-third received 
sentences of 3 to 4 weeks under Article 273. Two persons who were 
implicated in the abuse and torture of prisoners at al-Khiam prison 
were sentenced to life in prison. The military prosecutor recommended 
the death sentence for 37 former SLA militiamen for allegedly killing 
members of ``the resistance'' (i.e., Hizballah). 21 of these militiamen 
were tried while in government custody; 16 were tried in absentia. The 
Military Court denied every recommendation for the death sentence and 
handed down lighter sentences in each case. During the year, following 
attacks by angry crowds on two former SLA members in their villages, 
the court amended the sentences of some persons, barring them from 
returning to their villages for several years. According to the 
Government, these bans were issued to protect the former SLA members 
and were difficult to enforce. During the year, no similar sentences 
were issued. There were no new reports that the Government or Hizballah 
subjected former SLA members who returned to their villages to regular 
harassment. On July 19, Mahmoud Salim Mahbouba filed a claim that armed 
individuals broke into his house and kidnaped his son, Mohammed, a 
former SLA member who was released from Roumeih prison after serving a 
2-year sentence. By year's end, the Government had released all of the 
220 SLA militiamen who were tried following the June 1999 SLA 
withdrawal from Jezzine.
    In 2001 the State Prosecutor's Office requested that the Bar 
Association lift the immunity of lawyer Muhammad Mugraby to permit 
Mugraby's prosecution for criticizing the country's judicial system at 
a press conference. The Bar Association complied with the request; at 
year's end, Mugraby's challenge of the decision remained pending (see 
Section 2.a.).
    In August 2001, the Government arrested without warrant Antoine 
Bassil, a correspondent for a Saudi Arabian television station, for his 
alleged association with Israeli officials. In July Bassil was 
sentenced to 30 months in prison by a military tribunal(see Section 
2.a.).
    In 2001, the Government arrested without warrant Habib Younis, the 
managing editor in al-Hayat's Beirut office, for his alleged 
association with Israel. Authorities referred his case to a military 
court, which indicted him for conspiring with Israel. Younis was 
sentenced to 15 months of imprisonment and was released on November 16 
(see Section 1.d.).
    In 2001 authorities referred at least 77 'Awn and Ja'Ja supporters 
to both military and civilian courts. Charges brought by the Military 
Prosecutor's Office included opposing the policy of the Government; 
disseminating the principles of an unauthorized political party; 
jeopardizing the country's relations with a friendly state; using oral 
and written statements not authorized by the Government; defaming the 
Syrian army's reputation; organizing meetings and activities of a 
unauthorized political party; and transmitting false and exaggerated 
information. Tawfiq Hindi, Ja'Ja's former political advisor was charged 
with collaborating with the Israeli enemy, forming an association to 
harm the State's authority, and damaging the country's relation with a 
sisterly nation(see Section 1.d.). In 2001 the Court of Cassation ruled 
that the military court did not have jurisdiction in 63 of the cases, 
which were transferred to a criminal court. At year's end, these cases 
were still pending in court. The cases of Nadim Lteif and Hikmat Deeb, 
who were charged with defaming the Lebanese and Syrian armies, were 
referred to both military and civilian courts (see Section 1.d.). At 
year's end, both cases remained pending.
    Palestinian groups in refugee camps operated an autonomous and 
arbitrary system of justice.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the inviolability of the 
domicile; however, authorities frequently interfered with the privacy 
of persons regarded as enemies of the Government. Laws require that 
prosecutors obtain warrants before entering homes, except when the 
security forces are in close pursuit of armed attackers; however, in 
practice the law was not respected.
    The Government and Syrian intelligence services used informer 
networks and monitored telephones to gather information on their 
perceived adversaries. The Army Intelligence Service monitored the 
movements and activities of members of opposition groups (see Section 
2.b.). The Government conceded that telephone calls were monitored by 
security services but claimed that monitoring occurred only with prior 
authorization from competent judicial authorities.
    Politicians and human rights advocates reported increasing and more 
overt government intelligence services' surveillance of political 
meetings and political activities across the religious and political 
spectrum. In 1999 the Parliament passed a law that authorized 
surveillance in national security and law enforcement cases but banned 
its use against government ministers and parliamentary deputies; 
however, the Government had not adopted the necessary implementing 
decrees by year's end.
    Militias and non-Lebanese forces operating outside the area of 
central government authority frequently have violated citizens' privacy 
rights. Various factions also used informer networks and the monitoring 
of telephones to obtain information regarding their perceived 
adversaries.

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 
this right in practice, particularly by intimidating journalists and 
broadcasters into practicing self-censorship. The Government censored 
television broadcasts on a case-by-case basis.
    Although there were repeated attempts to restrict freedom of 
opinion and speech during the year, daily criticism of government 
policies and leaders continued. Dozens of newspapers and hundreds of 
periodicals were published throughout the country and were financed by 
various local and foreign groups. The press was privately owned and 
press content often reflected the opinions of financial backers.
    The Government had several legal mechanisms at its disposal to 
control freedom of expression. The Surete Generale was authorized to 
censor all foreign magazines and nonperiodical works, including plays, 
books, and films, before they were distributed in the market. The law 
prohibits attacks on the dignity of the Head of State or foreign 
leaders. The Government may prosecute offending journalists and 
publications in the Publications Court, a special tribunal empowered to 
try such matters. Moreover, the 1991 security agreement between Lebanon 
and Syria contained a provision that effectively prohibits the 
publication of any information deemed harmful to the security of either 
state. In view of the risk of prosecution, journalists censored 
themselves on matters related to Syria.
    In 1999 President Lahoud announced that under his tenure no charges 
would be brought against any journalist because of his writings or 
opinions; however, during the year the Government continued to harass, 
abuse, and detain journalists.
    In January Surete Generale officers and plainclothes agents 
confiscated 650 DVDs at the Virgin Megastore. The titles confiscated 
included Rabbi Jacob, The Ten Commandments, Superman, and Jesus of 
Nazareth. The Surete General claimed that the confiscated merchandise 
was smuggled illegally through customs and contained material that 
slandered religion and public decency and contravened the boycott 
against Israel.
    In January the Surete Generale imposed ``prior censorship'' on the 
Saudi-owned daily Asharq al-Awsat. In December 2001, the newspaper 
reported that President Lahoud escaped an assassination attempt while 
on vacation in Monte Carlo. The Beirut Public Prosecutor filed a 
lawsuit against the newspaper. The Minister of Information criticized 
the decision taken by the Surete and stated that ``no prior censorship 
should be practiced on local newspapers.'' The case was still pending 
at year's end.
    On March 25, the ISF beat several photographers who were taking 
pictures of a collapsed building in Beirut. The Minister of the 
Interior ordered an investigation to reprimand those responsible for 
the misconduct. No information was available about any punitive action 
at year's end.
    On April 12, the Beirut Public Prosecutor pressed charges against 
the publisher of the International Herald Tribune (ITH) in Beirut, 
after the newspaper ran a pro-Israeli advertisement of the Anti-
Defamation League. The charges were leveled at the publisher and 
editor-in-chief of the local English newspaper the Daily Star who is 
the IHT legal representative. At year's end, the case remained pending 
in court.
    In August, the Beirut Public Prosecutor filed a lawsuit against the 
chairman and news editor of Lebanese Broadcasting Corporation 
International (LBCI) for having ``instigated sectarian discord and 
threatened civil peace'' during its coverage of a shooting incident in 
which eight employees of the Ministry of Education were killed. The 
station's news coverage of the event focused on the fact that the 
shooter was a Shi'a Muslim, whereas seven of the eight who were killed 
were Christians. In August the Beirut Public Prosecutor charged the 
Murr Television Station (MTV), its political news director, and the 
host of ``Referendum'' political talk show with ``broadcasting material 
whose nature is to damage ties to a sisterly nation'' (Syria) and 
``assailing the dignity of the President, slandering the security 
services and undermining social order.'' At year's end, the case 
remained pending in court.
    On September 4, the Publications Court ordered the closure of MTV 
and RML radio, citing Article 68 of the Parliamentary Election Law, 
which stipulates ``complete closure'' for broadcasting election 
propaganda during the campaign period. ISF and army troops closed the 
station's headquarters shortly after the decision. The court ruled 
against an appeal to reopen the stations on October 21. On December 27, 
the court denied a second appeal.
    In September State Prosecutor Addoum announced that he would 
examine declarations made by opposition members in Lebanon and abroad 
after the Christian Maronite World Congress held in Los Angeles in 
June, including TV interviews and press statements, in search of 
elements which could incriminate them. This included statements about 
Syria and the Syria Accountability Act. Addoum ordered security 
agencies to gather information about opposition activities outside 
Lebanon.
    In August 2001, the Government brought charges against Joseph Nasr, 
the editor in chief of the daily newspaper An-Nahar, and Rafi Madayan, 
the author of an article published in that newspaper that the 
Government deemed insulting to the military. The Government also 
brought charges against the weekly newspaper Al-Watan Al-Arabi for 
having published news that it deemed insulting to the Lebanese and 
Syrian armies. The cases had not been tried by year's end.
    In August 2001, the army's intelligence services arrested without a 
warrant Antoine Bassil, a correspondent for the Saudi Arabian 
television station Middle East Broadcasting Corporation (MBC). In 
December 2001, a court indicted Bassil on charges of contact with the 
enemy, entering Israel, forming an association to harm the State's 
authority, and damaging relations with a sisterly country. In July the 
military court found him guilty and sentenced him to 30 months 
imprisonment (see Section 1.e.).
    In August 2001, the Government arrested without a warrant Habib 
Younis, an editor with al-Hayat's Beirut office on charges of ``contact 
with the Israeli enemy.'' The Government interrogated Younis without 
the presence of a lawyer (see Section 1.e.) and the military court 
indicted him on charges of conspiring with Israel. In July the military 
court found him guilty and sentenced him to 15 months imprisonment (see 
section 1.d.).
    The Government continued to restrict radio and television 
broadcasts in a discriminatory manner. There were 7
    television stations and 37 radio stations. The Government owned one 
television and one radio station; the remaining stations were owned 
privately. Satellite television was available widely and was 
inexpensive.
    Although the Government did not censor broadcasts directly, 
government officials exerted pressure on journalists to practice self-
censorship. For example, in November the Government pressured LBCI not 
to air a talk show that was to include an outspoken opposition figure. 
The Government also pressured the media not to report on the arrest in 
Syria of an al-Hayat correspondent.
    In general the Government did not restrict Internet access, and it 
was used widely.
    The Government generally respected academic freedom, and the 
country had a strong private educational system.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government restricted 
this right in practice. Any group that wished to organize a rally had 
to obtain the prior approval of the Ministry of Interior, which did not 
render decisions consistently. Groups opposing government positions 
sometimes did not receive permits.
    On several occasions during the year, military personnel used 
excessive force to disperse protesters of government political and 
economic policies and the Syrian presence in Lebanon, sometimes 
detaining or arresting them (see Sections 1.c. and 1.d.).
    In August 2001, approximately 200 persons, mostly university 
students, gathered near the Justice Ministry to protest the arrests of 
more than 100 'Awnists and Lebanese Forces supporters. Plainclothes 
intelligence agents arrested at least 10 persons, reportedly including 
1 journalist (see Section 2.a.), and used heavy force to suppress the 
demonstration. Demonstrators were beaten with rifle butts, kicked, and 
trampled by security forces. At least two journalists reportedly also 
were beaten (see Section 2.a.). All of those arrested were released 
within 2 days. A few days after the protest, the Minister of Interior 
stated that those responsible for using excessive force would be 
punished. Subsequently the Justice Minister instructed the Prosecutor 
General's Office to investigate the incident; however, there were no 
reports that any measures were taken by year's end.
    On March 14, approximately 2,000 demonstrators, mostly student 
supporters of the now-exiled former Army Commander Michel 'Awn, 
participated in an anti-Syrian march. Security forces and LAF troops 
dealt responsibly with the protestors and the demonstration was 
peaceful.
    During March and April, at least 20 nonviolent demonstrations and 
sit-ins took place in support of the Palestinian Intifada. The 
Government took an aggressive stance by providing protection and 
security for foreign interests during that period. However, on April 3, 
a demonstration of 3,500-4,000 took place at a diplomatic mission. When 
the crowd attacked security forces with stones, the security forces 
deployed tear gas and water cannons to disperse it. At least seven 
police members and some demonstrators were slightly injured.
    The Constitution provides for freedom of association, and the 
Government generally respected this right and did not interfere with 
most organizations; however, it imposed limits on this right. The law 
requires every new organization to submit a notification of formation 
to the Ministry of Interior, which issues a receipt. In addition to 
what is provided by law, the Ministry of Interior imposed on 
organizations further restrictions and requirements that were not 
enforced consistently. The Ministry at times withheld the receipt, 
essentially transforming a notification procedure into an approval 
process. The Ministry in some cases sent notification of formation 
papers to the security forces, which then conducted inquiries regarding 
an organization's founding members. The results of such inquiries may 
be used by the Ministry in deciding whether or not to approve the 
formation of the group.
    Organizations must invite Ministry representatives to a general 
assembly in which votes are held for by-law amendments or in which 
elections are held for positions on the board of directors. The 
Ministry also required every association to obtain the Ministry's 
approval of any change in by-laws; failure to do so could result in the 
dissolution of the association.
    Although the law did not distinguish between political parties and 
other associations, the Cabinet had to license political parties.
    The Government scrutinized requests to establish political 
movements or parties and to some extent monitored their activities. The 
Army Intelligence Service monitored the movements and activities of 
members of opposition groups (see Section 1.f.).
    The Government closely monitored groups critical of Syrian 
policies, and their members were subject to harassment and arrest by 
the Government.

    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. Discrimination based 
on religion is built into the system of government. The Government 
subsidized all religions and all Muslim clerics received monthly 
salaries from the Government.
    The State is required to ensure the free exercise of all religious 
rites, provided that public order is not disturbed. The Constitution 
also provides that the personal status and religious interests of the 
population be respected. The Government permitted recognized religions 
to exercise authority over matters pertaining to personal status, such 
as marriage, divorce, and inheritance. There is no state religion; 
however, politics are based on the principle of religious 
representation, which was applied to every aspect of public life.
    A group that seeks official recognition must submit its dogma and 
moral principles for government review to ensure that such principles 
did not contradict popular values and the Constitution. The group must 
ensure that the number of its adherents is sufficient to maintain its 
continuity. Alternatively, religious groups may apply to obtain 
recognition through existing religious groups. Official recognition 
conveys certain benefits, such as tax-exempt status and the right to 
apply the recognized religion's codes to personal status matters. Each 
recognized religious group has its own courts for family law matters, 
such as marriage, divorce, child custody, and inheritance. State 
recognition was not a legal requirement for religious worship or 
practice. For example, although Baha'is, Buddhists, and Hindus were not 
recognized officially, they were allowed to practice their faith 
without government interference; however, their marriages, divorces, 
and inheritances in the country were not recognized under the law.
    The unwritten ``National Pact'' of 1943 stipulates that the 
President, the Prime Minister, and the Speaker of Parliament be a 
Maronite Christian, a Sunni Muslim, and a Shi'a Muslim, respectively. 
The 1989 Taif Accord, which ended the country's 15-year civil war, 
reaffirmed this arrangement but resulted in increased Muslim 
representation in Parliament and reduced the power of the Maronite 
President. The Accord called for the ultimate abolition of political 
sectarianism in favor of ``expertise and competence''; however, little 
substantive progress was made in this regard. A ``Committee for 
Abolishing Confessionalism,'' which was called for in the Taif Accord, 
had not yet been formed by year's end. One notable exception was the 
LAF which, through universal conscription and an emphasis on 
professionalism, has significantly reduced the role of confessionalism 
(or religious sectarianism) in the armed forces. Christians and Muslims 
were represented equally in the Parliament. Seats in the Parliament and 
Cabinet, and posts in the civil service, were distributed 
proportionally among the 18 recognized groups (see Section 3).
    The Government required that religious affiliation be encoded on 
national identity cards, but not on passports.
    Religious groups administered their own family and personal status 
laws. There were 18 recognized religious groups, each of which differed 
in its treatment of marriage, family, property rights, and inheritance. 
Many of these laws discriminated against women. For example, Sunni 
inheritance law provided a son twice the inheritance of a daughter. 
Although Muslim men may divorce easily, Muslim women may do so only 
with the concurrence of their husbands. There is no law that permits 
civil marriages, although such ceremonies performed outside the country 
were recognized by the State. Only religious authorities may perform 
marriages.
    There were no legal barriers to proselytizing; however, traditional 
attitudes and edicts of the clerical establishment strongly discouraged 
such activity. During the year, there were reports that members of the 
Christian community in Kesirwan, with the knowledge of local clergy, 
occasionally verbally harassed church leaders and persons who attended 
an unrecognized Protestant evangelical church.
    In October a Greek Orthodox church in Tripoli and the Saint Elias 
Maronite Church in Sidon were bombed. Later that month, arsonists set 
fire to a northern mosque. President Lahoud blamed ``Israeli 
sympathizers'' for the second incident. No one had been arrested in 
connection with either crime by year's end.
    On November 21, an American citizen missionary affiliated with the 
Christian and Missionary Evangelical Alliance was killed in Sidon. No 
group has claimed responsibility for the killing (see Section 1.a.).
    For a 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. The law prohibits travel to 
Israel. The LAF and Syrian troops maintained checkpoints throughout 
much of the country. All men between 18 and 21 years of age were 
subject to compulsory military service and were required to register at 
a recruitment office and obtain a travel authorization document before 
leaving the country. Married women must obtain their husband's 
signatures to apply for a passport. Although a man may obtain passports 
for his children without his wife's approval, a women may not obtain 
passports for her children without the approval of her husband (see 
Section 5).
    There were no legal restrictions on the right of citizens to return 
to the country. However, many emigres were reluctant to return for a 
variety of political, economic, and social reasons. The Government 
encouraged the return to their homes of over 600,000 persons displaced 
internally during the civil war. Although some persons have begun to 
reclaim homes abandoned or damaged during the war, the vast majority of 
displaced persons have not attempted to reclaim and rebuild their 
property. The resettlement process was slowed by tight budgetary 
constraints, destroyed infrastructure, political feuds, a lack of 
schools and economic opportunities, and the fear that physical security 
still was inadequate in some parts of the country.
    In 2000, approximately 6,000 SLA militiamen and their families fled 
to Israel. At year's end, approximately 2,200 had returned to the 
country. Several hundred relocated elsewhere outside of Israel, and 
between 3,000 and 4,000 remained in Israel at year's end. Of the former 
SLA personnel who returned to the country, most received prison 
sentences of varying lengths (see Section 1.e.). The Government 
publicly stated that the former SLA militiamen were welcome to return 
to the country, but that they would face trial upon their return. There 
were few incidents of harassment of returned SLA deportees.
    Most non-Lebanese refugees were Palestinians. In 2001 the U.N. 
Relief and Works Agency (UNRWA) reported that the number of Palestinian 
refugees in the country registered with the UNRWA was approximately 
383,000. This figure, which included only the families of refugees who 
arrived in 1948, was presumed to include many thousands who reside 
outside of the country. Most experts estimated the actual number in the 
country to be between 150,000 and 200,000. Most Palestinian refugees 
were unable to obtain citizenship and were subject to governmental and 
societal discrimination; however, Palestinian women who married 
Lebanese men could obtain citizenship (see Section 5).
    The Government issued travel documents to Palestinian refugees to 
enable them to travel and work abroad. The Government did not issue 
visitors' visas to Jordanian nationals who were born in the country and 
were of Palestinian origin.
    On several occasions, Hizballah operatives interfered with the 
freedom of movement of UNIFIL personnel. For example on April 4, about 
15 Hizballah operatives forced an observer group to stop at checkpoints 
and assaulted them, injuring 3. According to the U.N. Secretary 
General's report, no action was taken despite government assurances 
that the perpetrators would be arrested and brought to trial.
    There were no legal provisions for granting asylum or refugee 
status in accordance with the 1951 U.N. Convention Relating to the 
Status of Refugees and its 1967 Protocol. The Government granted 
admission and temporary (6 months) refuge to asylum seekers, but not 
permanent asylum. The Government generally cooperated with the offices 
of the U.N. High Commissioner for Refugees (UNHCR) and UNRWA.
    According to the UNHCR, there were nearly 3,000 non-Palestinian 
refugees, primarily Iraqis and Sudanese, detained for illegal entry 
into the country. During the year, the Surete General granted UNHCR 
officials access to the detainees. There were credible reports that the 
Surete Generale deported Iraqi Kurds seeking asylum back to Iraq 
through Syria.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution states that citizens have the right to change 
their government in periodic free and fair elections; however, lack of 
control over parts of the country, defects in the electoral process, 
and strong Syrian influence over politics and decision makers 
significantly restrict this right.
    According to the Constitution, elections for the Parliament must be 
held every 4 years. In turn, the Parliament elects the President every 
6 years. The President and Parliament nominate the Prime Minister, who, 
with the President, chooses the Cabinet. According to the unwritten 
``National Pact of 1943,'' the President must be a Maronite Christian, 
the Prime Minister a Sunni Muslim, and the Speaker a Shi'a Muslim (see 
Section 2.c.). Since the National Reconciliation Agreement reached in 
Taif, Saudi Arabia in 1989, which revised the 6 to 5 ratio of Christian 
to Muslim seats in Parliament, there has been a 50-50 balance between 
Christian and Muslim Members of Parliament. The Taif Accord also 
increased the number of seats in Parliament and transferred some powers 
from the Maronite President to the Sunni Prime Minister and the 
religiously mixed Cabinet.
    The parliamentary elections in 2000 showed fewer incidents of voter 
fraud and tampering with ballots than previous elections; however, the 
process was flawed with serious shortcomings, including Syrian 
government influence on the electoral law and candidate selection, 
progovernmental media manipulation, and improper activities of security 
services.
    On June 2, a by-election held in the Metn district for the Greek-
Orthodox seat was reportedly marred by numerous irregularities, in 
addition to the Minister of Interior's claim that the secret ballot is 
``optional.'' In November the Constitutional Council names the third 
placed candidate as the winner.
    In September 2001, municipal elections were held for the first time 
since 1963 in 64 villages and towns in areas formerly occupied by 
Israel. Local observers reported that the elections were generally free 
and fair; however, there were some irregularities, including attempts 
by government agencies to pressure candidates and voters, the presence 
of unauthorized persons inside polling stations, and the absence of 
registration committees on voting day to correct errors in voters 
lists.
    Women had the right to vote, and there were no legal barriers to 
their participation in politics; however, there were significant 
cultural barriers. No woman has ever held a cabinet position. In 2000, 
three women were elected to the 128-seat Parliament.
    Palestinian refugees had no political rights (see Section 5). An 
estimated 17 Palestinian factions operated in the country and were 
generally organized around prominent individuals. Most Palestinians 
lived in refugee camps controlled by one or more factions. Refugee 
leaders were not elected, but there were ``popular committees'' that 
met regularly with UNRWA and visitors.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Several local human rights groups operated freely without overt 
government restriction, including the Lebanese Association for Human 
Rights, the Foundation for Human and Humanitarian Rights-Lebanon, and 
the National Association for the Rights of the Disabled. Some of these 
groups have sought to publicize the detention in Syria of hundreds of 
Lebanese citizens and took credit in part for the release of a number 
of Lebanese from Syrian jails during 1999 (see Section 1.d.). The Bar 
Association and other private organizations regularly held public 
events that included discussions of human rights issues. Some human 
rights groups reported harassment and intimidation by government, 
Syrian, or Hizballah forces.
    The Government generally cooperated with international NGOs and met 
with them during the year. In March the United Nations High 
Commissioner for Human Rights met with senior government officials. The 
ICRC and AI maintained offices in the country. During the year, 
government officials discussed human rights problems with 
representatives of foreign governments and NGOs. For example, the 
Lebanese Foundation for Human and Humanitarian Rights discussed issues 
related to Iraqi asylum seekers with the Government and secured the 
non-deportation of Iraqi Kurds back to Iraq.
    The Parliamentary Commission for Human Rights did not take action 
in response to the arrests in 2001 by security forces of antigovernment 
and anti-Syrian protestors. However, the Commission played an important 
role in ratifying the U.N. Convention against Torture in 2001 and 
passing the new Code of Criminal Procedure. Following visits to the 
prisons, the Commission's chairman stated that the Commission would 
work on improving prison conditions by passing the Code of Criminal 
Procedure and by increasing funding to build new correctional 
facilities; however, by year's end, no funds had been allocated.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution calls for ``social justice and equality of duties 
and rights among all citizens without prejudice or favoritism''; 
however, in practice aspects of the law and traditional beliefs 
discriminated against women. Although the law reserves a percentage of 
private sector and government jobs to persons with disabilities, there 
were few accommodations made for them. Discrimination based on race, 
language, or social status is illegal and was not widespread among 
citizens; however, foreign domestic servants often were mistreated.

    Women.--The law does not specifically prohibit domestic violence; 
however, violence against women was a common problem. Cases reported 
were believed to be only a fraction of the actual number. There were no 
authoritative statistics on the extent of spousal abuse. Most experts 
agreed that the problem affected a significant portion of the female 
population. Despite a law prohibiting battery with a maximum sentence 
of 3 years in prison for those convicted, some religious courts legally 
may require a battered wife to return to the house in spite of physical 
abuse. Many women were compelled to remain in abusive marriages because 
of social and family pressures. Possible loss of custody of children 
and the absence of an independent source of income also prevented women 
from leaving their husbands.
    The Government had no separate program to provide medical 
assistance to battered women; however, it provided legal assistance to 
victims who could not afford it regardless of the gender of the victim. 
In most of the cases, the police ignored complaints submitted by 
battered or abused women. The NGO The Lebanese Council to Resist 
Violence Against Women has worked actively to reduce violence against 
women by offering counseling and legal aid and raising awareness about 
domestic violence.
    Foreign domestic servants often were mistreated, abused, and in 
some cases, raped. Asian and African female workers had no practical 
legal recourse available to them because of their low status, isolation 
from society, and because the labor laws did not protect them (see 
Section 6.e.). Because of such abuse, the Government prohibited foreign 
women from working if they were from countries that did not have 
diplomatic representation in the country.
    The law prohibits rape, and the minimum sentence for a person 
convicted of rape is 5 years in prison. The minimum sentence for a 
person convicted of raping a minor is 7 years.
    The legal system was discriminatory in its handling of so-called 
``honor crimes.'' According to the Penal Code, a man who kills his wife 
or other female relative may receive a reduced sentence if he 
demonstrates that he committed the crime in response to a socially 
unacceptable sexual relationship conducted by the victim. However, in 
1999 the law was amended to increase the severity of the sentence for 
perpetrators of ``honor crimes.'' Several instances of honor crimes are 
reported in the media every year, and reportedly there were an average 
of two to three cases of honor crimes each month during the year. No 
person has been convicted in a case legally considered as an honor 
crime.
    Prostitution is legal but regulated; in practice most prostitution 
is unlicensed and thus illegal. Thousands of foreign women, primarily 
from Russia and Eastern Europe, engaged in prostitution. The country 
was a destination for trafficked persons, primarily women (see Section 
6.f.).
    Women had varying employment opportunities in government, medicine, 
law, academia, the arts, and to a lesser degree, business. However, 
social pressure against women pursuing careers was strong in some parts 
of society. Men sometimes exercised considerable control over female 
relatives, restricting their activities outside of the home or their 
contact with friends and relatives. The law prohibits sexual 
harassment; however, it was a widespread problem.
    Women may own property but often ceded control of it to male 
relatives for cultural reasons and because of family pressure. Husbands 
may block foreign travel by their wives (see Section 2.d.). The 
testimony of a woman is equal to that of a man in court (see Section 
1.e.).
    In 2001, Parliament adopted a law providing equal pay for equal 
work for men and women. During the year, the Parliament passed 
legislation giving women serving in government the same rights as men 
in terms of medical coverage and hospitalization.
    Only men may confer citizenship on their spouses and children. 
Accordingly, children born to citizen mothers and foreign fathers are 
not eligible for citizenship. Citizen widows may confer citizenship on 
their minor children.

    Children.--Education was free in public schools and compulsory 
until the age of 13. However, public schools generally were inadequate, 
and the cost of private education was a significant problem for the 
middle and lower classes. Many children, particularly in rural areas, 
took jobs at a young age to help support their families. UNICEF 
reported that in the 2000 school year, approximately 85 percent of 
children between the ages of 3 and 5, and approximately 98 percent of 
children between the ages of 7 to 11 were enrolled in school. In some 
families with limited incomes, boys received more education than girls. 
Illiteracy rates were approximately 38 percent. The minimum for child 
employment is 14 years of age (see Section 6.d.).
    An undetermined number of children were neglected, abused, and 
exploited. The normal procedure for adoption was through religious 
homes or institutions authorized to arrange adoption; however, the 
demand to provide infants for adoption abroad resulted in illegal 
international adoptions. There were no statistics available concerning 
the prevalence of the illegal adoption of infants. Poor children often 
were compelled by their parents to seek employment and often took jobs 
that jeopardized their safety (see Section 6.d.). Because of their 
ages, wages earned by such children were not in conformity with labor 
regulations. The Government did not have specific child protection laws 
to remove children from abusive situations and did not grant NGOs 
adequate legal standing to litigate on behalf of abused minor children.
    During the year, the police discovered and broke up several child 
prostitution rings.

    Persons with Disabilities.--More than 100,000 persons became 
disabled during the civil war. Families generally performed care of 
persons with disabilities. Most efforts to assist persons with 
disabilities were made by approximately 100 private organizations. 
These organizations were relatively active, although poorly funded.
    There were few accommodations for persons with disabilities in the 
cities.
    The law on persons with disabilities stipulates that at least three 
percent of all government and private sector positions should be filled 
by persons with disabilities, provided that such persons fulfill the 
qualifications of the position.
    During the year, joint committees composed of the National 
Committee for the Disabled and the Ministries of Health, Labor, and 
Education were formed to implement the disabled law. During the year, 
the Ministry of Finance informed all firms and companies that it would 
not settle obligations with them unless they proved that three percent 
of their work force was composed of disabled personnel.

    National/Racial/Ethnic Minorities.--According to the UNHCR, an 
estimated 380,000 Palestinian refugees were registered in the country 
(see Section 2.d.); however, it was believed that perhaps between 
150,000 to 200,000 Palestinians actually resided in the country. Most 
Palestinian refugees lived in overpopulated camps that suffered 
repeated heavy damage as a result of fighting. The Government generally 
prohibited the construction of permanent structures in the camps on the 
grounds that such construction encouraged the notion of permanent 
refugee settlement in the country. Refugees feared that the Government 
may reduce the size of the camps or eliminate them completely. Very few 
Palestinians received work permits, and those who found work usually 
were directed into unskilled occupations. In recent years, Palestinian 
incomes have continued to decline. The law prohibited Palestinian 
refugees from working in 72 professions.
    In 2001 the Parliament passed legislation depriving Palestinian 
refugees of the right to own property in the country. Under the new 
law, Palestinians no longer may purchase property and those who own 
property will be prohibited from passing it on to their children. The 
Parliament justified the law on the grounds that it was protecting the 
right of Palestinian refugees to return to the homes they fled after 
the creation of the state of Israel in 1948. Other foreigners may own a 
limited size plot of land but only after obtaining the approval of five 
different district offices. The law applies to all foreigners, but it 
is applied in a manner disadvantageous to the 25,000 Kurds in the 
country. The Government did not provide health services to Palestinian 
refugees, who relied on UNRWA and UNRWA-contracted hospitals.
    In recent years, Palestinian incomes have declined. Palestinian 
children reportedly have been forced to leave school at an early age 
because U.N. relief workers do not have sufficient funds for education 
programs. The U.N. estimates that 18 percent of street children in the 
country are Palestinian. Drug addiction, prostitution, and crime 
reportedly were increasing in the camps, although reliable statistics 
were not available. In 1999, the Fatah faction of the PLO expanded its 
operations in the Ain al-Hilwah refugee camp by opening security 
offices and hiring personnel to maintain order in the camps.

Section 6. Worker Rights

    a. The Right of Association.--The law provides that all workers 
except government employees may establish and join unions. Worker 
representatives must be chosen from those employed within the 
bargaining unit. About 900,000 persons formed the active labor force, 
14 percent of who were members of 210 labor unions and associations. 
Most of these unions gathered to form Federations. To date, 37 
federations, with about 200,000 workers, were represented in the 
General Confederation of Labor (GCL).
    Palestinian refugees may organize their own unions; however, 
because of restrictions on their right to work, few Palestinians 
participated actively in trade unions.
    Unions were free to affiliate with international federations and 
confederations, and they maintained a variety of such affiliations.

    b. The Right to Organize and Bargain Collectively.--The right of 
workers to organize and to bargain collectively exists in law and 
practice. Most worker groups engaged in some form of collective 
bargaining with their employers. Stronger federations obtained 
significant gains for their members and on occasion have assisted 
nonunionized workers. There were no government mechanisms to promote 
voluntary labor-management negotiations, and workers had no protection 
against antiunion discrimination. Union leaders alleged credibly that, 
in the past, the Government has tried to interfere in elections for 
union officials.
    The law provides for the right to strike. In December the teachers' 
union went on a strike and then staged a demonstration to protest 
budget proposals including taxes on pensions and working hour 
increases.
    In June and July, taxi and bus drivers held separate strikes to 
protest a new government anti-pollution measure calling for a switch 
from diesel to gasoline for all passenger vehicles carrying less than 
15 passengers.
    There were no export processing zones.

    c. Prohibition of Forced or Bonded Labor.--Forced labor is not 
prohibited by law. Children, foreign domestic servants, and other 
foreign workers sometimes were forced to remain in situations amounting 
to coerced or bonded labor (see Sections 5 and 6.e.).

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Labor Code prohibits employment of workers under the 
age of 18 for more than 6 hours per day, and requires 1 hour of rest if 
work is more than 4 hours. The law defines workers under the age of 14 
as child laborers. The amendments also entitle children to 21 days of 
paid annual leave. Children are prohibited from working between the 
hours of 7 p.m. and 7 a.m. The Code also prohibits certain types of 
mechanical work for children between the ages of 8 and 13 and other 
types for those between the ages of 13 and 16. The law prohibits 
children under the age of 18 from working in jobs that jeopardize their 
health, safety, or morals. The Ministry of Labor was responsible for 
enforcing these requirements; however, it did not apply the law 
rigorously. During the year, a law was passed regarding the protection 
of juveniles exposed to danger.
    In June Parliament ratified ILO Convention No. 138, concerning 
minimum age for admission to employment. According to the Central 
Statistics Administration, 7.6 percent of working children were between 
the ages of 6 and 14. The report also indicated that of this 7.6 
percent, 45.3 percent were performing all kinds of jobs, such as 
working in the fields concurrently helping their parents in the home. 
Most of these child laborers were citizens, but some were Syrian; they 
worked predominantly in the industrial, craft, and metallurgical 
sectors.
    Approximately 40 percent of working children worked 10 to 14 hours 
per day, and few received social welfare benefits. In addition, the 
active labor force included approximately 52,000 workers between the 
ages of 15 and 19, who were not eligible for the minimum wage until 
they reached the age of 21.

    e. Acceptable Conditions of Work.--The Government set a legal 
minimum wage, currently approximately $200 (300,000 Lebanese pounds) 
per month. The law was not enforced effectively in the private sector. 
In theory the courts were called upon to enforce it, but in practice 
they did not. The minimum wage was insufficient to provide a decent 
standard of living for a worker and family. Trade unions attempted to 
ensure the payment of minimum wages in both the public sector and the 
large-scale private sector.
    The Labor Law prescribes a standard 6-day workweek of 48 hours, 
with a 24-hour rest period per week. In practice workers in the 
industrial sector worked an average of 35 hours per week, and workers 
in other sectors worked an average of 30 hours per week. The law 
includes specific occupational health and safety regulations. Labor 
regulations require employers to take adequate precautions for employee 
safety. The Ministry of Labor was responsible for enforcing these 
regulations, and it did so unevenly. Labor organizers reported that 
workers did not have the right to remove themselves from hazardous 
conditions without jeopardizing their continued employment. Foreign 
domestic servants, mostly of Asian and African origin, often were 
mistreated, abused, and raped (see Section 5). A recruitment agency and 
the employer signed the employment contract for a foreign worker; 
workers rarely were a party to the contract or, if they were a party, 
might not know what the contract stipulates because it is written in 
Arabic. The recruitment agency or employers confiscated the passports 
of foreign domestic workers when the workers arrived at the airport. 
Labor laws do not protect foreign domestic servants. Domestic servants 
often worked 18 hours per day, and in most cases did not receive 
vacations or holidays. There was no minimum wage for domestic servants; 
their average wage was approximately $100 (150,000 Lebanese pounds) per 
month. They had no entitlement to government financial assistance.

    f. Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons; however, the Penal Code stipulates that ``any 
person who deprives another of freedom either by abduction or any other 
means shall be sentenced to temporary hard labor.'' During the year, 
the country was a destination for African and Asian women contracted as 
household workers, and Eastern European and Russian women contracted as 
dancers in adult clubs. These women may have come voluntarily; however, 
there was evidence that many found themselves in coercive work 
situations from which they had little practical legal recourse. If 
forced prostitution or forced rendering of sexual services occurred as 
a result of the abduction, the Penal Code stipulates that the abductor 
be sentenced to at least 1 year in prison.
    Many women became illegal workers because their employers did not 
renew their work and residency permits. Unscrupulous employers sometime 
falsely accused the employee of theft in order to relinquish 
responsibility for the employee as well as the taxes and airline ticket 
home (see section 6.e). Restrictions of movement and withholding of 
passports were common practices. A very small number of exploited 
foreign workers have won cases against their employers. The judiciary 
did not usually acknowledge the violation of maids' rights, but in a 
few cases, courts decided in favor of foreign workers against whom 
charges had been brought. In October, the criminal court of the Metn 
district acquitted two Filipino maids from charges brought against them 
by their employers for theft. In another case, a Sri Lankan maid was 
repatriated after her employer dropped charges brought against her for 
leaving her house.
    There is no law specifically prohibiting trafficking and during the 
year the Government did not prosecute such cases. However, during the 
year the Government took multiple new measures to counter trafficking, 
including signing on December 9 the U.N. Convention against 
Transnational Organized Crime Protocol to Prevent, Suppress and Punish 
Trafficking in Persons, Especially Women and Children. Other anti-
trafficking measures included the closure of approximately 15 illegal 
employment agencies for violating trafficking related regulations by 
the Ministry of Labor, and participation in awareness programs. The 
Government did not provide foreign workers with relief from 
deportation, shelter, or access to legal, medical or psychological 
services. However, social workers from the Caritas Migrant Center have 
full-time access to the Government retention Center for Foreign 
Persons. A number of NGOs provided pro bono legal assistance and 
counseling to victims of trafficking. The Ministry of Labor has 
established a complaint procedure through which it says it will take an 
active role in complaint cases. To date, few victims of trafficking 
have used this procedure. During the year, the Ministry of Labor also 
began implementing procedures for lodging complaints against employers 
or employment agencies.
                              ----------                              


                               LIBYA \1\

---------------------------------------------------------------------------
    \1\ The United States has no official presence in Libya. 
Information on the human rights situation therefore is limited; this 
report draws heavily on non-U.S. Government sources.
---------------------------------------------------------------------------
    The Socialist People's Libyan Arab Jamahiriya is a dictatorship 
that has been ruled by Colonel Mu'ammar Al-Qadhafi (the ``Brother 
Leader and Guide of the Revolution'') since 1969, when he led a 
military coup that overthrew King Idris I. Borrowing from Islamic and 
pan-Arab ideas, Qadhafi created a political system that rejects 
democracy and political parties and purports to establish a ``third 
way'' superior to capitalism and communism. Libya's governing 
principles are derived predominantly from Qadhafi's ``Green Book.'' In 
theory the citizenry rules the country through a series of popular 
congresses, as laid out in the Constitutional Proclamation of 1969 and 
the Declaration on the Establishment of the Authority of the People of 
1977, but in practice Qadhafi and his inner circle monopolize political 
power. Qadhafi is aided by extragovernmental organizations--the 
Revolutionary Committees--that exercise control over most aspects of 
citizens' lives. The judiciary was not independent of the Government, 
and security forces had the power to pass sentences without trial.
    The country maintained an extensive security apparatus, consisting 
of several elite military units, including Qadhafi's personal 
bodyguards, local Revolutionary Committees, People's Committees, and 
``Purification'' Committees. The result was a multilayered, pervasive 
surveillance system that monitored and controlled the activities of 
individuals. The various security forces committed numerous serious 
human rights abuses.
    The Government dominated the economy through complete control of 
the country's oil resources, which accounted for approximately 95 
percent of export earnings and an estimated 23 percent of the gross 
domestic product. Oil revenues were the principal source of foreign 
exchange. Much of the country's income has been lost to waste, 
corruption, conventional armament purchases, and attempts to develop 
weapons of mass destruction, as well as to large donations made to 
``liberation'' movements and to developing countries in attempts to 
increase Qadhafi's influence in Africa and elsewhere. The Government's 
mismanagement of the economy has led to high inflation and increased 
import prices, resulting in a decline in the standard of living for 
most of its 5.4 million citizens in recent years. U.N. sanctions 
against the country were suspended--but not permanently lifted--in 1999 
following the Government's surrender of two of its citizens suspected 
in the 1988 bombing of Pan Am flight 103. On March 14, a Scottish 
appellate court in the Netherlands upheld the conviction of Abdelbasset 
al-Megrahi in connection with the bombing. Megrahi subsequently 
appealed his sentence to the European Commission for Human Rights.
    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. Qadhafi used summary judicial 
proceedings to suppress domestic opposition. Security forces tortured 
prisoners during interrogations and as punishment. Prison conditions 
were poor. Security forces arbitrarily arrested and detained persons, 
and many prisoners were held incommunicado. Many political detainees 
were held for years without charge or trial. The Government controlled 
the judiciary, and citizens did not have the right to a fair public 
trial or to be represented by legal counsel. The Government infringed 
on citizens' privacy rights, and citizens did not have the right to be 
secure in their homes or persons, or to own private property. The 
Government restricted freedom of speech, press, assembly, association, 
and religion. The Government imposed some limits on freedom of 
movement. The Government prohibited the establishment of independent 
human rights organizations.
    Violence against women was a problem. Traditional attitudes and 
practices continued to discriminate against women, and female genital 
mutilation (FGM) was practiced in remote areas of the country. The 
Government discriminated against and repressed tribal groups. The 
Government continued to repress banned Islamic groups and exercised 
tight control over ethnic and tribal minorities, such as Amazighs 
(Berbers), Tuaregs, and the Warfalla tribe. The Government restricted 
basic worker rights, used forced labor, and discriminated against 
foreign workers. There have been reports of slavery and trafficking in 
persons. The country's human rights record came under intense 
international scrutiny after the African Union in June endorsed the 
country's nomination to chair the U.N. Commission on Human Rights 
(UNCHR) in 2003. The Government appointed for the first time in 
September a Secretary for Human Rights; at year's end, this fledgling 
ministry had yet to demonstrate any influence over the country's human 
rights policies.

                        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 
that a person died as a result of torture while in custody. On 
September 6, the World Organization Against Torture (OMCT) reported 
that when Mohammad Massaud Izbeda inquired at the Revolutionary 
Committee Headquarters as to why his son had not been among 62 
prisoners released by the Government on September 1, the authorities 
detained and tortured Mr. Izbeda. According to reports, he was released 
later that day and died the same night (see Section 1.c.).
    An unknown number of deaths in custody occurred as a result of poor 
prison conditions (see Section 1.c.).
    In 2001 the Government continued to take proactive measures to 
prevent the development of any serious opposition within the country, 
focusing its efforts primarily on Islamist groups. It reinforced the 
tightened security measures put in place following a 1996 prison mutiny 
in Benghazi by arresting possible dissidents, conducting military 
operations in the areas of insurrection, and killing a number of 
persons.
    In October 2001, mobs killed an estimated 150 Africans, including a 
Chadian diplomat, in the worst outbreak of antiforeigner violence since 
Qadafi took power in 1969. Government security forces reportedly 
intervened to stop the violence, but then deported hundreds of 
thousands of African migrant workers by driving them in convoys to the 
southern border and leaving them stranded in the desert (see Section 
6.e.).
    In November 2001, a German court found four persons, including a 
former government diplomat, guilty of murder and attempted murder in 
connection with the 1986 bombing of the La Belle disco in then-West 
Berlin. In rendering his oral verdict, the judge declared that there 
was clear government responsibility. The German government immediately 
called upon the Government to admit responsibility and provide 
compensation for the victims.
    U.N. sanctions against the country were suspended in 1999 after the 
Government surrendered two suspects wanted in connection with the 
bombing of Pan Am flight 103 over Scotland in 1988, which killed 259 
persons on board and 11 persons on the ground. On March 14, a Scottish 
appellate court in the Netherlands upheld the conviction of government 
agent Abdelbasset al-Megrahi in connection with the bombing. In 
September Megrahi appealed the case to the European Court of Human 
Rights, alleging that his rights were breached during his 2000-2001 
trial and the subsequent appeal. U.N. Security Council resolutions 
required the country to fulfill certain obligations regarding the Pan 
Am 103 bombing before sanctions may be permanently lifted, including 
accepting responsibility for the actions of its officials and paying 
appropriate compensation.
    In March 1999, a French court convicted in absentia six defendants 
in the bombing of UTA flight 772 over Chad in 1989, which killed 171 
persons, and sentenced them to life in prison. In July 2000, the 
Government paid the French government $31 million (17 million dinars) 
to compensate the victims' families. During Foreign Minister Shalgam's 
official visit to Paris in October, the country agreed to pay further 
compensation to the families of UTA victims who did not receive 
compensation from the 2000 settlement.

    b. Disappearance.--In the past year, there were no reports of 
abductions; however, the Government in the past has abducted and killed 
dissidents in the country and abroad.
    In January accusations of government responsibility for the 1978 
disappearance of Lebanese Shi'a leader Imam Mousa al-Sadr and two of 
his companions in the country resurfaced when Qadhafi announced his 
intention to attend the Arab League Summit meeting in Beirut in March. 
A Lebanese Shi'a Muslim group called the Sadr Brigades responded by 
threatening unspecified action against Qadhafi if he came to Beirut, 
causing him to cancel his visit. The Government denied any involvement 
in Musa Sadr's disappearance, and in August the Government issued a 
public appeal for any information related to the disappearance. In 
October the Sadr Brigades publicly vowed vengeance against Qadhafi 
based on information it said Iran had provided which proved the 
country's culpability.
    The Government did not take any action in the 1993 disappearance in 
Cairo of its citizen Mansur Kikhiya, a human rights and political 
activist.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law provides for fines against any official using 
excessive force; nonetheless, there were no known cases of prosecution 
for torture or abuse. Security personnel routinely torture prisoners 
during interrogations or for punishment. Government agents reportedly 
detained and tortured foreign workers, particularly those from sub-
Saharan Africa. Reports of torture were difficult to corroborate 
because many prisoners were held incommunicado. In July Qadhafi's son, 
Saif al-Islam, announced that the Government would make public the 
names of any government personnel involved in torture, even if they 
were senior officials, and would bring them trial. The Government had 
not made public any names by year's end. Methods of torture reportedly 
included: chaining to a wall for hours; clubbing; applying electric 
shock; applying corkscrews to the back; pouring lemon juice in open 
wounds; breaking fingers and allowing the joints to heal without 
medical care; suffocating with plastic bags; depriving of food and 
water; hanging by the wrists; suspending from a pole inserted between 
the knees and elbows; burning with cigarettes; attacking with dogs; and 
beating on the soles of the feet.
    In May a court sentenced Ahmad Muhammad Ahmad al-Sharif, Sayyid 
Muhammad Ahmad, Dahmu Muhammad Abu Bakr al-Sharif, and Barkah Sidi Jira 
Barkah to have their right hands and left legs amputated in punishment 
for theft. The sentences were carried out in July and were the first in 
the country since Qadhafi came to power 1969.
    On September 6, the World Organisation Against Torture (OMCT) 
reported that Mohammad Massaud Izbeda inquired at the Revolutionary 
Committee Headquarters as to why his son, Abdallah Mohammad Massaud 
Izbeda, had not been among the 62 prisoners released by the Government 
on September 1. Authorities at the headquarters detained and tortured 
Mr. Izbeda. According to reports, he was released later that day and 
died the same night. Security forces reportedly attempted to remove 
Izbeda's body from its gravesite on September 13 when a group of young 
persons intervened. Authorities arrested several, subjecting at least 
one, Seif Salem Aljadik, to torture, and reportedly killing others. 
Authorities also demolished both Mr. Izbeda and Mr. Aljadik's homes 
(see Section 1.a.).
    In May 1999, in a much publicized case involving the HIV infection 
of nearly 400 children, 16 defendants, including 6 Bulgarians and 1 
Palestinian, all health professionals, claimed that their confessions 
had been obtained under duress. In February a court in Benghazi 
conducted an official inquiry into the defendants' claims of torture. 
Defense lawyers for the professionals told the press that the inquiry 
was completed but the results were not communicated to the defense. In 
November the seven suspects told the Sunday Times that they had signed 
confessions after months of torture. The torture methods they described 
included electric shocks, beatings, sleep deprivation, intimidation by 
police dogs, and forcing one female suspect to undress and threatening 
to insert a lighted lamp into her vagina. These signed confessions are 
now the prosecution's best evidence against the suspects. The case 
remained pending at year's end. According to Amnesty International 
(AI), although the verdict was supposed to be announced in September 
2001, no such action has occurred.
    In 1998 152 professionals and students were arrested in Benghazi 
for alleged involvement with an Islamic organizations not known to have 
used or advocated violence. An international human rights organization 
noted that the defendants were subjected to arbitrary arrest, torture, 
and ill-treatment while being held in incommunicado detention (see 
Sections 1.d. and 1.e.).
    Prison conditions reportedly were poor. According to AI, political 
detainees reportedly were held in cruel, inhuman, or degrading 
conditions, and denied adequate medical care, which led to several 
deaths in custody. The Government did not permit prison visits by human 
rights monitors, including the International Committee of the Red Cross 
(ICRC).

    d. Arbitrary Arrest, Detention, or Exile.--By law the Government 
may hold detainees incommunicado for unlimited periods. Security forces 
arbitrarily arrested and detained citizens. The Government held many 
political detainees incommunicado in unofficial detention centers 
controlled by members of the Revolutionary Committees.
    Scores of businessmen, traders, and shop owners have been arrested 
arbitrarily on charges of corruption, dealing in foreign goods, and 
funding Islamic fundamentalist groups in violation of the 1994 Purge 
Law. The Purge Law was established to fight financial corruption, black 
marketeering, drug trafficking, and atheism. ``Purification committees 
enforced the law.
    Hundreds of political detainees, many associated with banned 
Islamic groups, reportedly were held in prisons throughout the country 
(but mainly in the Abu Salim prison in Tripoli); many have been held 
for years without charge. Some human rights organizations estimated 
this number to be as high as 2,000. Hundreds of other detainees may 
have been held for periods too brief (3 to 4 months) to permit 
confirmation by outside observers.
    On February 16, a People's Court in Tripoli sentenced to death 
Salem Abu Hanak and Abdullah Ahmed Izzedin, 2 out of at least 152 
professionals who were arbitrarily arrested in 1998 in Benghazi for 
involvement with Islamic organizations. Eighty-six of the 152 men were 
sentenced while 66 were acquitted. Those who were convicted received 
sentences ranging from 10 years to life imprisonment. The appeal trial 
opened on December 14. AI reported that lawyers for the accused were 
neither allowed to study their case files nor to meet with their 
clients. The lawyers were denied access to the court, and the judge 
appointed government clerks to replace them. Family members were 
allowed to meet the accused briefly for the first time since their 
arrest in April 2001, but then not again until at least December 2001 
(see Sections 1.c. and 1.e.).
    In May 1999, the 16 defendants of the case involving the HIV 
infection of nearly 400 children were kept in incommunicado detention 
for approximately 10 months, without access to their families or legal 
representation (see Sections 1.c. and 1.e.).
    On September 1, the Government freed 62 political prisoners, 
including Muhammad Ali al-Akrami, al-Ajili Muhammad Abd al-Raham al-
Azhari, Muhammad Ali al-Qajiji, Salih Omar al-Qasbi, and Muhammad al-
Sadiq al-Tarhuni, who had been imprisoned since 1973 for their peaceful 
involvement with the prohibited Islamic Liberation Party.
    On September 1, the Government pardoned 50 Egyptian prisoners and 
deported them to Egypt. In October the Government returned 238 Nigerian 
prisoners arrested in anti-African riots in July 2001 to Nigeria to 
serve out jail terms imposed by courts, following an appeal by the 
Nigerian government.
    There was no information available on Abdullah Ali al-Sanussi al-
Darrat, who was detained without charge and has not had a trial since 
1973 (see Section 2.a.).
    The Government did not impose forced exile as a form of punishment, 
and it continued to encourage citizen dissidents abroad to return, 
promising to ensure their safety. It is unclear whether such promises 
were honored. The Government repatriated dozens of family members of 
suspected citizen al-Qa'ida members from Afghanistan and Pakistan in 
waves throughout the year. Although the Government publicly guaranteed 
their safety, the likelihood of such safety remained unclear. Students 
studying abroad have been interrogated upon their return.
    In connection with the September 2000 mob violence against sub-
Saharan workers, many sub-Saharan Africans, including Chadians, 
Ghanaians, and Nigerians were repatriated after seeking assistance from 
their embassies.

    e. Denial of Fair Public Trial.--The judiciary was not independent 
of the Government, and security forces had the power to pass sentences 
without trial. The Government used summary judicial proceedings to 
suppress domestic dissent.
    There were four levels of courts: summary courts, which tried petty 
offenses; the courts of first instance, which tried more serious 
crimes; the courts of appeal; and the Supreme Court, which was the 
final appellate level.
    Special revolutionary courts tried political offenses. Such trials 
often were held in secret or even in the absence of the accused. In 
other cases, the security forces had the power to pass sentences 
without trial, especially in cases involving political opposition. In 
the past, Qadhafi has incited local cadres to take extrajudicial action 
against suspected opponents.
    The private practice of law is illegal; all lawyers must be members 
of the Secretariat of Justice.
    On February 16, in the trial of the 152 professionals and students 
who were arrested in Benghazi for alleged involvement with an Islamic 
organization, an international human rights organization noted that the 
trial was held in secret and that the judges hearing the case were not 
legally qualified. At the time of their arrest, the defendants were not 
informed of the charges against them nor were they allowed to meet 
their lawyers for consultation (see Sections 1.c. and 1.d).
    On February 17, the special People's Court, charged with trying 16 
health professionals (9 Libyans, 1 Palestinian, and 6 Bulgarians) in 
1999 for allegedly infecting 400 children with HIV, dropped the 
conspiracy charge and transferred the proceedings to the criminal 
court. The attorney defending the persons claimed he was allowed to 
meet with his clients twice in the 3 years since their jailing. The 
case was still pending at year's end (see Sections 1.c. and 1.d.).
    The Government held a large number of political prisoners. AI 
estimated that there were hundreds of persons imprisoned for political 
reasons; other groups put that number as high as 2,000. According to 
AI, in September 62 prisoners were released on the 33rd anniversary of 
Qadhafi coming to power.
    The Government did not permit access to political prisoners by 
international human rights monitors.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Government does not respect the right to privacy. 
Security agencies often disregarded the legal requirement to obtain 
warrants before entering a private home. They also routinely monitored 
telephone calls.
    The security agencies and the Revolutionary Committees oversaw an 
extensive network of informants; one credible foreign observer 
estimated that 10 to 20 percent of the population was engaged in 
surveillance for the Government. Exiles reported that family ties to 
suspected government opponents may result in harassment and detention. 
The Government may seize and destroy property belonging to ``enemies of 
the people'' or those who ``cooperate'' with foreign powers. In the 
past, citizens reported that the Government warned members of the 
extended family of government opponents that they too risked the death 
penalty.
    The law provides for the punishment of families or communities that 
aid, abet, or do not inform the Government of criminals and 
oppositionists in their midst. The crimes include ``obstructing the 
people's power, instigating and practicing tribal fanaticism, 
possessing, trading in or smuggling unlicensed weapons, and damaging 
public and private institutions and property.'' The law also provides 
that ``any group, whether large or small,'' including towns, villages, 
local assemblies, tribes, or families, be punished in their entirety if 
they are accused by the General People's Congress of sympathizing, 
financing, aiding in any way, harboring, protecting, or refraining from 
identifying perpetrators of such crimes. Punishment under the 
Collective Punishment Law ranges from the denial of access to utilities 
(water, electricity, telephone), fuels, food supplies, official 
documents, and participation in local assemblies, to the termination of 
new economic projects and state subsidies. The ``Code of Honor'', 
passed by the People's General Congress in 1997, provides for 
collective punishment to be inflicted on the relatives of persons 
having committed certain crimes, normally opponents of the regime.
    The 1994 Purge Law provides for the confiscation of private assets 
above a nominal amount, describing wealth in excess of such 
undetermined amounts as ``the fruits of exploitation or corruption.'' 
In 1996 the Government ordered the formation of hundreds of ``Purge'' 
or Purification Committees composed of young military officers and 
students. The Purification Committees reportedly seized some 
``excessive'' amounts of private wealth from members of the middle and 
affluent classes; the confiscated property was taken from the rich to 
be given to the poor in an effort to appease the populace and to 
strengthen the Government's power and control over the country. The 
activities of the Purification Committees continued during the year.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Government severely limited 
the freedoms of speech and of the press. This was especially true with 
regard to criticism of Qadhafi or his government. The occasional 
instances of criticism of political leaders and policies in the state-
controlled media usually were government attempts to test public 
opinion or weaken a government figure who may be a potential challenger 
to Qadhafi. The authorities tolerated some difference of opinion in 
People's Committee meetings and at the General People's Congress.
    The Government did not respond to requests on the whereabouts of 
the journalist Abdullah Ali al-Sanussi al-Darat, who has been detained 
without trial or charges brought against him since 1973 (see Section 
1.d.).
    In April the press announced that the Government had revoked writer 
Farag Sayyid Bul-Isha's citizenship as a punishment for his 
participation in a program on Al-Jazeera.
    The Government restricted freedom of speech in several ways: by 
prohibiting all political activities not officially approved; by 
enacting laws so vague that many forms of speech or expression may be 
interpreted as illegal; and by operating a pervasive system of 
informants that created an atmosphere of mistrust at all levels of 
society (see Section 1.f.).
    The State owns and controlled the media. There was a state-run 
daily newspaper, Al-Shams, with a circulation of 40,000. Local 
Revolutionary Committees published several smaller newspapers. The 
official news agency, JANA, was the designated conduit for official 
views. The Government did not permit the publication of opinions 
contrary to its policy. Such foreign publications as Newsweek, Time, 
the International Herald Tribune, L'Express, and Jeune Afrique were 
available, but authorities routinely censored them and had the power to 
prohibit their entry into the market.
    Technology has made the Internet and satellite television widely 
available in the country. According to numerous anecdotal reports, both 
were accessed easily in Tripoli.
    The Government restricted academic freedom. Professors and teachers 
who discussed politically sensitive topics face the risk of government 
reprisal.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
does not provide for the right of assembly, and the Government severely 
restricted this right. Public assembly was permitted only with 
government approval and in support of the Government's positions.
    The Government restricted the right of association; it grants such 
a right only to institutions affiliated with the Government. Under the 
law, political activity found by the authorities to be treasonous is 
punishable by death. An offense may include any activity that is 
``opposed to the principles of the Revolution.''

    c. Freedom of Religion.--The Government restricted freedom of 
religion. The country is overwhelmingly Sunni Muslim, and the 
leadership states publicly its preference for Islam.
    In an apparent effort to eliminate all alternative power bases, the 
Government banned the once powerful Sanusiyya Sufi order of Islam. In 
its place, Qadhafi established the Islamic Call Society (ICS), which 
was the outlet for state-approved religion, as well as a tool for 
exporting the revolution abroad. The ICS also was responsible for 
relations with other religions, including Christian churches in the 
country. In 1992 the Government announced that the ICS would be 
disbanded; however, its director still conducted activities, suggesting 
that the organization remains operational. The Government heavily 
censored its clerics. Islamic groups whose beliefs and practices were 
at variance with the state-approved teaching of Islam were banned. 
Although most Islamic institutions were under state control, some 
mosques were endowed by prominent families; however, they generally 
followed the Government-approved interpretation of Islam. Government 
officials repeatedly denounced militant Islam throughout the year.
    Members of some minority religions were allowed to conduct 
services. Christian churches operated openly and were tolerated by the 
authorities. However, Christians were restricted by the lack of 
churches; there was a government limit of one church per denomination 
per city.
    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 usually does not restrict 
the internal movement of citizens, but it has imposed blockades on 
those cities and regions (primarily in the east) in which 
antigovernment attacks or movements originated.
    The Government required citizens to obtain exit permits for travel 
abroad and limited their access to hard currency. A woman must have her 
husband's permission to travel abroad (see Section 5). Authorities 
routinely seized the passports of foreigners married to citizens upon 
their entry into the country.
    The right of return exists. The Government has called on students, 
many of whom receive a government subsidy, and others working abroad, 
to return to the country on little or no notice.
    The Government expelled noncitizens arbitrarily. The Government 
repatriated dozens of family members of suspected al-Qa'ida members 
from Afghanistan and Pakistan in waves throughout the year.
    Following reports in October 2001 of mob violence in which 150 
African workers were killed, the Government expelled hundreds of 
thousands of African migrants by driving them in convoys to the border 
with Niger and Chad and abandoning them there in the desert (see 
Sections 1.a., 5 and 6.e.). In February 2000, eight nationals were 
forcibly returned from Jordan and in July 2000 four nationals were 
forcibly returned from Pakistan. All were suspected of having 
sympathies with certain religious groups.
    While the country has acceded to the 1969 Organization of African 
Unity Convention on refugees, it is not a signatory to the 1951 U.N. 
Convention relating to the Status of Refugees and its 1967 Protocol. 
The law does not include provisions for granting asylum, first asylum, 
or refugee status. The U.N. High Commissioner for Refugees (UNHCR) 
reported that there were approximately 33,000 refugees in the country, 
including 30,000 Palestinians and 3,000 Somalis. During 2001 the UNHCR 
assisted approximately 1,300 of the most vulnerable refugees in the 
country and supported income-generating programs for refugee women. The 
Government cooperated with UNHCR and provided free housing to 
approximately 850 refugees.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Government denied citizens the right to change their 
government. Major government decisions were controlled by Qadhafi, his 
close associates, and committees acting in his name. Political parties 
were banned. Qadhafi appointed military officers and official 
functionaries down to junior levels. Corruption and favoritism, partly 
based on tribal origin, were major problems that adversely affected 
government efficiency.
    In theory, popular political participation is provided by the 
grassroots People's Committees, which are open to both men and women, 
and which send representatives annually to the national General 
People's Congress (GPC). The GPC is chosen by Qadhafi and merely 
approves all recommendations made by him.
    Qadhafi established the Revolutionary Committees in 1977. These 
bodies consisted primarily of youths who guard against political 
dissent. Some committees have engaged in show trials of government 
opponents; the committees also have been implicated in the killing of 
opponents abroad. The committees approve all candidates in elections 
for the GPC.
    There was no reliable information on the representation of women 
and minorities in the Government.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government prohibits the establishment of independent human 
rights organizations.
    The Government created the Libyan Arab Human Rights Committee in 
1989. The committee was not known to have published any reports.
    The Government has not responded substantively to appeals from AI 
on behalf of detainees.
    In June the African Union (AU) nominated the country to chair the 
57th UN Commission on Human Rights (CHR). The nomination renewed 
international scrutiny of the country's human rights record and caused 
international organizations to criticize the AU for backing the 
country. The Government publicly dismissed criticism of its human 
rights record in August, issuing a statement that ``respect of human 
rights is enshrined.'' In September Qadhafi's son Saif al-Islam 
defended the country's nomination on the grounds that chairing the CHR 
would influence the Government into better behavior.

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 prohibitions, particularly 
those against discrimination against women and tribal minorities.

    Women.--Although there was little detailed information regarding 
the extent of violence against women, it remained a problem. In 
general, the intervention of neighbors and extended family members 
tended to limit the reporting of domestic violence. Abuse within the 
family rarely was discussed publicly, due to the value attached to 
privacy in society.
    Some nomadic tribes located in remote areas still practiced FGM on 
young girls.
    Citizens have been implicated in the purchase of Sudanese slaves, 
mainly southern Sudanese women and children (see Section 6.f.).
    The 1969 Constitutional Proclamation granted women total equality. 
Despite this legal provision, traditional attitudes and practices 
prevailed, and discrimination against women persisted, keeping them 
from attaining the family or civil rights formally provided them. Women 
were reportedly prevented in practice from owning property. A woman 
must have the permission of her husband or another close male relative 
to travel abroad (see Section 2.d.).
    Although their status is still not equal to that of men, the 
opportunity for women to make notable social progress increased in 
recent years. Oil wealth, urbanization, development plans, education 
programs, and even the impetus behind Qadhafi's revolutionary 
government have contributed to the creation of new employment 
opportunities for women. In recent years, foreign diplomats have noted 
a growing sense of individualism in some segments of society, 
especially among educated youth. For example, many educated young 
couples preferred to set up their own households, rather than move in 
with their parents, and viewed polygyny with scorn. Educational 
differences between men and women have narrowed.
    In general, the emancipation of women is a generational phenomenon: 
urban women under the age of 35 tended to have more ``modern'' 
attitudes toward life; however, older urban women tended to have more 
traditional attitudes toward family and employment. Moreover, a 
significant proportion of rural women did not attend school and were 
inclined to instill in their children such traditional beliefs as 
women's subservient role in society.
    Female participation in the workforce, particularly in services, 
has increased in the last decade. However, employment gains by women 
were often inhibited by lingering traditional restrictions that 
discourage women from playing an active role in the workplace and by 
the resurgence of Islamic fundamentalist values. Some observers have 
noted that even educated women often lacked self-confidence and social 
awareness and sought only a limited degree of occupational and social 
equality with men.

    Children.--The Government subsidized education (which is compulsory 
until age 15) and medical care, and it has improved the welfare of 
children; however, declining revenues and general economic 
mismanagement have led to cutbacks, particularly in medical services.
    Sudanese girls reportedly have been trafficked and sold as slaves 
in the country (see Section 6.f.).
    FGM was practiced on young girls.

    Persons with Disabilities.--No information was available on the 
Government's efforts, if any, to assist persons with disabilities.

    National/Racial/Ethnic Minorities.--Arabic-speaking Muslims of 
mixed Arab and Amazigh ancestry constituted 97 percent of the 
population. The principal minorities are Amazighs and sub-Saharan 
Africans. There were frequent allegations of discrimination based on 
tribal status, particularly against Amazighs in the interior and 
Tuaregs in the south. The Government manipulated the tribes to maintain 
a grip on power by rewarding some tribes with money and government 
positions and repressing and jailing members of various other tribes. 
The Government also has attempted to keep the tribes fractured by 
pitting one against another.
    Foreigners constituted a significant part of the workforce. 
According to some estimates, there were 2.5 million foreign workers. 
Africans in particular have become targets of resentment in the past. 
In October 2001, mobs of citizens in several locations reportedly 
killed 150 African workers, including a Chadian diplomat. The 
Government dispersed the rioters, but then reportedly expelled hundreds 
of thousands of African workers (see Sections 1.a., 2.d., and 6.e.). In 
September 2000, mobs beat and killed numerous African workers and, in 
some cases, burned their places of residence and employment. The mobs 
blamed the foreign population for increased crime and the presence of 
HIV/AIDS in the country.

Section 6. Worker Rights

    a. The Right of Association.--Independent trade unions and 
professional associations are prohibited, and workers do not have the 
right to form their own unions. The Government regards such structures 
as unacceptable ``intermediaries between the revolution and the working 
forces.'' However, workers may join the National Trade Unions' 
Federation, which was created in 1972 and is administered by the 
People's Committee system. The Government prohibited foreign workers 
from joining this organization.
    The official trade union organization played an active role in the 
International Confederation of Arab Trade Unions and the Organization 
of African Trade Union Unity. The Arab Maghreb Trade Union Federation 
suspended the membership of the country's trade union organization in 
1993. The suspension followed reports that Qadhafi had replaced all 
union leaders, and in some cases, with loyal followers without union 
experience.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining does not exist in any meaningful sense, because labor law 
requires that the Government must approve all agreements.
    The law does not provide workers with the right to strike. In a 
1992 speech, Qadhafi claimed that workers were permitted to strike but 
added that strikes do not occur because the workers control their 
enterprises. There were no reports of strikes during the year.
    There were no export processing zones.

    c. Prohibition of Forced or Bonded Labor.--Forced or bonded labor 
is not prohibited by law, and there was no information regarding 
whether the law prohibits forced or bonded labor by children or whether 
such practices occured. In its 2000 report, the International Labor 
Organization's (ILO) Committee of Experts stated that in the country 
``persons expressing certain political views or views ideologically 
opposed to the established political, social, or economic system may be 
punished with penalties of imprisonment,'' including ``an obligation to 
perform labor.'' The ILO report also noted that public employees may be 
sentenced to compulsory labor ``as a punishment for breaches of labor 
discipline or for participation in strikes, even in services whose 
interruption would not endanger the life, personal safety, or health of 
the whole or part of the population.''
    There have been credible reports that the Government arbitrarily 
forced some foreign workers into involuntary military service or has 
coerced them into performing subversive activities against their own 
countries.
    Despite the Penal Code's prohibition on slavery, citizens have been 
implicated in the purchase of Sudanese slaves, mainly southern Sudanese 
women and children, who were captured by Sudanese government troops in 
the ongoing civil war in Sudan (see Section 6.f.).

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The minimum age for employment of children is 18. There 
was no information available on the prevalence of child labor, or 
whether forced or bonded labor by children is prohibited or practiced 
(see Section 6.c.).

    e. Acceptable Conditions of Work.--The labor law defines the rights 
and duties of workers, including matters of compensation, pension 
rights, minimum rest periods, and working hours.
    Wages, which are forbidden by the Green Book and are actually paid 
in the form of ``entitlements'' to workers, frequently were in arrears. 
A public sector wage freeze was imposed over a decade ago particularly 
in the face of consistently high inflation. According to some reports, 
the average family lived on $170 (86.7 dinars) a month. Although there 
was no information available regarding whether the average wage was 
sufficient to provide a worker and family with a decent standard of 
living, the Government heavily subsidized rent, utilities, oil, and 
every day food staples such as flour and sugar. The legal maximum 
workweek is 48 hours.
    Labor inspectors are assigned to inspect places of work for 
compliance with occupational health and safety standards. Certain 
industries, such as the petroleum sector, attempted to maintain 
standards set by foreign companies. There was no information regarding 
whether a worker may remove himself from an unhealthy or unsafe work 
situation without risking continued employment.
    Although foreign workers constitute a significant percentage of the 
work force, the Labor Law does not accord them equality of treatment. 
Foreign workers were permitted to reside in the country only for the 
duration of their work contracts and could not send more than half of 
their earnings to their families in their home countries. They were 
subject to arbitrary pressures, such as changes in work rules and 
contracts, and had little option but to accept such changes or to 
depart the country. Foreign workers who were not under contract enjoyed 
no protection.
    In 1997 the U.N. Committee on Economic, Social, and Cultural Rights 
cited inadequate housing, threats of imprisonment to those accused of 
disobeying disciplinary rules, and accusations of causing a variety of 
societal problems as some of the problems in the Government's treatment 
of foreign laborers.
    The Government used the threat of expulsion of foreign workers as 
leverage against countries whose foreign policies ran counter to the 
Government's.
    In October 2001, mobs of citizens in several locations reportedly 
killed 150 African workers, leading to the deportation of hundreds of 
thousands of African workers by the Government (see Sections 1.a., 
2.d., and 5). The violence followed similar attacks on African workers 
in September 2000.

    f. Trafficking in Persons.--There was no information available 
regarding whether the law specifically prohibits trafficking in 
persons. However, the offenses of prostitution and related offenses, 
including sexual trafficking are illegal in the Penal Code.
    There have been reports of trafficking in persons. The country was 
a place of transit for women trafficked from Africa to central Europe, 
and there were reports that Sri Lankan women were transported through 
the country as well. In August 2001, Senegalese authorities detained 
100 young Senegalese women from boarding a charter flight to the 
country. According to a media report, in September 2001 two French 
nationals of Senegalese origin were arrested and charged with 
organizing international prostitution. There were reports that these 
women were being sent to the country to work as prostitutes.
    Citizens have been implicated in the purchase of Sudanese slaves, 
mainly southern Sudanese women and children, who were captured by 
Sudanese government troops in the ongoing civil war in Sudan (see 
Section 6.c.).
                               __________

                                MOROCCO

    The Constitution provides for a monarchy with a Parliament and an 
independent judiciary; however, ultimate authority rests with the King, 
Mohammed VI, who presides over the Council of Ministers, appoints or 
approves members of the Government, and may, at his discretion, 
terminate the tenure of any minister, dissolve the Parliament, call for 
new elections, and rule by decree. Since the constitutional reform of 
1996, the bicameral legislature consists of a lower house, the Chamber 
of Representatives, which is elected through universal suffrage, and an 
upper house, the Chamber of Counselors, whose members are elected by 
various regional, local, and professional councils (members of whom are 
elected directly). The Lower House of Parliament also may dissolve the 
Government through a vote of no confidence. In September the country 
held parliamentary elections for the lower chamber that were widely 
regarded as the first free, fair, and transparent elections in its 
history. There were instances of administrative mistakes that hampered 
the voting process in some areas. There were some charges of party 
members engaging in vote-buying and other irregularities, which the 
Government was continuing to investigate at year's end. The entire 
voting process was changed, and was confusing to some voters, which may 
have reduced turnout (52 percent). Unlike in the past, the Ministry of 
the Interior oversaw the elections in a manner widely regarded as fair, 
and actively pursued those who violated electoral laws. The King 
consulted with the heads of the major political parties concerning the 
formation of a new government and appointed nonparty member and former 
Interior Minister Driss Jettou as the new Prime Minister. The judiciary 
remained subject to government influence and corruption, although 
government reforms aimed at improvement.
    The security apparatus included several overlapping police and 
paramilitary organizations. The Border Police and the National Security 
Police were departments of the Ministry of Interior; the Judicial 
Police lay within the jurisdiction of the Ministry of Justice; and the 
Royal Gendarmerie reported to the Palace. Civilian authorities 
maintained effective control of the security forces. Some members of 
the security forces continued to commit serious human rights abuses, 
although such abuses decreased somewhat during the year.
    The country had a population of approximately 30,645,000. The 
economy was based on large phosphate reserves, a diverse agricultural 
sector, fisheries, a sizable tourist industry, and a growing 
manufacturing sector. Citizens working abroad were a source of 
substantial remittances. The Government expected a real GDP increase of 
4.2 percent for the year. One in five citizens lived in poverty.
    The Government generally respected the rights of its citizens in 
most areas; however, the Government's record was generally poor in a 
few areas. Citizens lacked the full ability to change their government. 
There were two reported deaths in police custody and several prisoners 
have died while incarcerated. While there were some well-publicized 
prosecutions for abuses by security forces, the failure to prosecute 
most other cases raised concerns regarding the Government's commitment 
to resolving the problem.
    Authorities, at times, arbitrarily arrested and detained persons. 
Human rights groups did not believe that the Government disclosed all 
the information about citizens who were abducted from the 1960s through 
the 1980s. At times, the authorities infringed on citizens' privacy 
rights. Prison conditions remained harsh. The Judiciary lacked 
independence.
    A new Press Code did not change the situation substantially and 
freedom of the press remained restricted. The police violently 
dispersed peaceful demonstrations several times during the year. The 
Government limited freedom of religion. Human rights awareness training 
continued. Domestic violence and discrimination against women were 
common. The Government violated worker rights, subjecting unions to 
government interference, restricting the right to strike and the right 
to form unions, and using security forces to break up strikes. Child 
labor was a problem, and the Government did not act forcefully to end 
the practice of the illegal employment of young girls who were 
subjected to exploitative domestic servitude. Trafficking in persons 
was a problem. Morocco 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.
    In January the local branch of the Moroccan Association for Human 
Rights (AMDH) alleged that Omar Aouad died as a result of torture in 
the Kenitra prison. The authorities questioned some prison officials. 
There was no further action taken during the year.
    On November 28, Mohamed Boucetta, imprisoned for petty crime, 
reportedly died in custody in Laayoune prison in the Western Sahara. 
According to Saharan activist groups, he told family members two days 
before his death that he was being tortured and an autopsy indicated 
that ``blows and wounds'' caused his death. A prison warden was 
reportedly in custody concerning the death, and the prison director was 
reportedly suspended. Media reports suggested that fellow inmates beat 
him to death. An investigation was ongoing at year's end (see Section 
1.c.).
    In 2001 a policeman was tried and convicted of torture resulting in 
the death of a person in custody in Sale. In February he was found not 
guilty on appeal; however, another policeman was convicted in the same 
case and was sentenced to 15 years' imprisonment (see Section 1.c.).
    In July 2000, a Royal Armed Forces patrol took Mustapha Najaiji and 
another person into custody. According to the other person, the patrol 
beat Najiaji at a Ministry of Interior holding cell. The security 
forces reported Najiaji committed suicide by hanging himself. The 
second person later claimed Najiaji died from the beatings. The AMDH 
reported that the autopsy indicated that Najiaji had been the victim of 
violence before his death. No charges were filed in the case during the 
year (see Section 1.c.).
    After a lengthy investigation, the trial of three policemen accused 
of manslaughter in the 1996 death in custody of Hassan Mernissi resumed 
in September 2000 and was still pending at year's end.

    b. Disappearance.--There were no new cases of confirmed 
disappearance. However, the AMDH claimed that the continued practice of 
incommunicado detention without informing family members of those 
detained was evidence of the continued practice of forced disappearance 
(see Section 1.d.).
    The forced disappearance of individuals who opposed the Government 
and its policies occurred during several decades. In 1997 the 
Government pledged that such activities would not recur, and that it 
would disclose as much information as possible about past cases. The 
Government provided information and death certificates for many of 
those who had disappeared over the years. However, hundreds of families 
did not have any information about their missing relatives, many of 
whom disappeared over 20 years ago. Authorities stated that they 
released information on all confirmed disappearance cases.
    After years of denying that Sahrawis (inhabitants of the former 
Spanish Protectorate of Western Sahara) were imprisoned in Morocco for 
military or political activity related to the Polisario Front (Popular 
Front for the Liberation of the Saguia el Hamra and Rio de Oro), an 
organization seeking independence for the region, the Government 
released more than 300 such prisoners in 1991. Entire families, and 
Sahrawis who had disappeared in the mid-1970s, were among those 
released. The Government failed to conduct a public inquiry or to 
explain how and why those released spent up to 16 years of 
incommunicado detention without charge or trial. The former Sahrawi 
detainees formed an informal association whose principal objective is 
to seek redress and compensation from the Government for their 
detention. They reported little progress during the year in gaining 
government recognition of their grievances.
    Since October 1998, the Royal Consultative Council on Human Rights 
(CCDH) has released information regarding cases of disappearance. 
However, human rights groups and families continue to claim hundreds 
more cases of disappearances than the Government, which listed only 
112. Many disputed disappearances are from the Western Sahara.
    In June the AMDH, the Moroccan Organization for Human Rights (OMDH) 
and the Forum for Truth and Justice (FVJ) organized a ``Caravan of 
Truth'' to Kelaat, M'gouna, a notorious prison for political detainees 
in the 1970s. More than 500 people went to plead with the authorities 
to release all information on all the disappeared.
    The CCDH also was responsible for assisting the Royal Arbitration 
Commission in providing compensation to victims of past human rights 
abuses, or their surviving family members, including Sahrawis. 
According to the CCDH, the Commission had resolved 422 cases, involving 
1027 persons during the first 6 months of the year. However, numerous 
cases remained pending at year's end.
    Nevertheless, human rights organizations continued to maintain that 
the compensation process was inadequate. Some groups also criticized 
the small number of cases settled, citing that thousands remained. The 
CCDH maintained that it completed the disappearance and Sahrawi cases 
and currently was investigating individual claims, which took longer to 
resolve.
    Associations that sought information regarding those who have 
disappeared called upon the Government for full disclosure of events 
surrounding cases that date back to the 1960s. Associations in the 
Western Sahara that sought information on disappearances were not free 
from government interference; there were reports that some members of 
these associations were harassed and intimidated while seeking 
information regarding missing Sahrawis. Some also continued to be 
denied passports (see Section 2.d.).

    c. Torture and Other Cruel, Inhuman or Degrading Treatment or 
Punishment.--The law prohibits torture, and the Government claimed that 
the use of torture has been discontinued; however, some members of the 
security forces tortured or otherwise abused detainees. The Penal Code 
stipulates sentences up to life imprisonment for public servants who 
``use or oblige the use of violence'' against others in the exercise of 
their official duties. By law, pretrial-investigating judges must, if 
asked to do so or if they themselves notice physical marks that so 
warrant, refer the detained person to an expert in forensic medicine. 
However, according to human rights groups, judges often ignored this 
requirement in practice. While there were some well-publicized 
prosecutions for abuses by security forces, the failure to prosecute 
most other cases raised concerns regarding the Government's commitment 
to resolving the problem.
    In March approximately 50 off-duty soldiers assaulted civilians in 
El Hajeb, resulting in more than 20 persons injured (see Section 6.f.). 
The Gendarmerie arrested six of the soldiers, who were tried by a 
military court and sentenced to 2 months in prison.
    The family of Mohamed Boucetta, who died in custody in Laayoune on 
November 28, claimed that he said that he was being tortured (see 
Section 1.a.).
    In February 2001, as a result of police torture a person died in 
custody in Sale (see Section 1.a.).
    No charges were filed, nor are likely to be, in the following cases 
of alleged torture in 2000: Mustapha Najiaji (see Section 1.a); 
Abderrahmane Jamali by police in Casablanca at the request of another 
person; two cases to extort money by a Royal Gendarmerie officer in 
Zaio; a Sahawari student in Marrakech after demonstrations; and a 
university student in Rabat also after a demonstration.
    The Government continued to admit past torture and abuses. While it 
was not willing to prosecute those responsible, the Royal Arbitration 
Commission continued to hear and rule on claims and offer restitution 
to victims and has permitted human rights groups to organize 
conferences on the subject. In June Supreme Court President Driss 
Dahak, also President of the Royal Advisory Council on Human Rights, 
met with Inge Genefke, founder of the International Council for the 
Rehabilitation of Victims of Torture (a Danish NGO), to discuss 
financial compensation to victims and the importance of the 
rehabilitation process. Genefke also urged the Government to permit the 
U.N. Committee Against Torture to make confidential investigations in 
the country and to consider individual complaints.
    During the year, police violently dispersed demonstrator s (see 
Section 2.b.).
    Prison conditions remained harsh, and did not generally meet 
international standards, despite some improvements in medical care and 
efforts to expand capacity. Separate facilities were nonetheless 
maintained for men and for women and for minors. Pretrial detainees 
were not held separately from convicts.
    Extreme overcrowding, malnutrition, and lack of hygiene continued 
to aggravate the poor health conditions inside prisons. Several fires 
at prisons, including one in November at El Jadida that claimed 50 
lives, raised anxiety about poor incarceration conditions.
    In June the Observatory of Moroccan Prisons (OMP) alleged that 12 
percent of prisoners were minors that the prison administration failed 
to protect. The OMP continued to call attention to problems of 
corruption, maltreatment, malnutrition, sexual abuse, lack of training 
and education, drug abuse and violence within the prisons, as well as 
the issue of incarcerating first-time offenders with hardened 
criminals.
    The Government permitted monitors from international humanitarian 
organizations to visit prisons, including those holding alleged 
``political prisoners''; however, no organizations visited such 
prisoners during the year.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution does 
not prohibit arbitrary arrest or detention, and police continued to use 
these practices. Although legal provisions for due process have been 
revised extensively in recent years, reports indicated that authorities 
sometimes ignored them. Although police usually made arrests in public 
and during the day, they did not always identify themselves and did not 
always obtain warrants. Preventive detention is limited to 48 hours, 
with one 24-hour extension allowed at the prosecutor's discretion. In 
state security cases, the preventive detention period is 96 hours; the 
prosecutor may also extend this time. Defendants are denied access to 
counsel during this initial period, which is when the accused is 
interrogated and abuse or torture is most likely to occur. There is no 
access to family members during the initial period. Some members of the 
security forces, long accustomed to indefinite precharge access to 
detainees, continued to resist the time limits.
    The police were required to notify a person's next of kin of an 
arrest ``as soon as possible.'' However, lawyers were not always 
informed promptly of the date of arrest, and thus were not able to 
monitor compliance with the preventive detention limits. While the law 
provides for a limited system of bail, it rarely was granted. However, 
defendants in some instances were released on their own recognizance. 
The law does not provide for habeas corpus or its equivalent. Under a 
separate military code, military authorities may detain members of the 
military without warrants or public trial.
    Although accused persons generally are brought to trial within an 
initial period of 2 months, prosecutors may request up to five 
additional 2-month extensions of pretrial detention. Thus, an accused 
person may be kept in detention for up to 1 year prior to trial.
    In July Human Rights Watch claimed that about 80 persons had been 
arbitrarily arrested for al-Qa'ida involvement. Tangier Islamist 
Abdelouahed Bekhout, accused of al-Qa'ida ties, was released after 40 
days confinement on July 12, due to lack of evidence. Most of the 
remaining detainees were also released.
    The law provides for forced exile; however, there were no known 
instances of its use during the year.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the courts were subject to 
extrajudicial pressures, including government influence. Some members 
of the judiciary were corrupt and delays were lengthy in some cases. 
The Government continued to implement reforms intended to increase 
judicial independence impartiality, and efficiency.
    There are four levels in the common law court system: Communal and 
district courts; courts of first instance; the Appeals Court; and the 
Supreme Court. While in theory there is a single court system under the 
Ministry of Justice, other courts also operate, including: The Special 
Court of Justice, which handles cases of civil service corruption; 
administrative courts; commercial courts; and the military tribunal, 
which also tries state security cases on certain occasions (although 
the Government may also direct state security cases to the regular 
court system).
    Although there is a single court system for most nonmilitary 
matters, family issues are adjudicated by a Family Court system formed 
in July whose judges are trained in Shari'a (Islamic law) as applied in 
the country. It is not necessary to be a lawyer to become a judge, and 
the majority of judges are not lawyers. All new judges are graduates of 
a 3-year training program.
    In general detainees are arraigned before a court of first 
instance. If the judge determines that a confession was obtained under 
duress, the law requires him to exclude it from evidence. However, 
according to reliable sources, cases often were adjudicated on the 
basis of forced confessions.
    While appeal courts may in some cases be used as a second reference 
for courts of first instance, they primarily handle cases involving 
crimes punishable by 5 years or more in prison. In practice defendants 
before appeals courts who are implicated in such crimes consequently 
have no method of appeal. The Supreme Court does not review and rule on 
cases sent to it by courts of appeal; the Supreme Court may overturn an 
appellate court's ruling on procedural grounds only. The absence of 
appeals for defendants in such crimes therefore becomes more 
problematic given the fact that an investigation into the case by an 
examining magistrate is mandatory only in those crimes punishable by 
sentences of life imprisonment or death.
    There was some progress in judicial reform, especially in public 
corruption and judicial disciplinary cases. Efforts continued with 
modest success to increase efficiency and to end petty corruption, 
which, according to most observers, remained a routine cost of court 
business. Additionally, the court system remained subject to 
extrajudicial pressures.
    In June in a well publicized public corruption case, 10 people 
accused of embezzling tens of millions of dollars from the Caisse 
Nationale du Credit Agricole (CNCA) were sentenced to 2 to 12 years in 
prison. Former Minister and ex-head of CNCA Rachid Haddaoui was 
sentenced to four years' imprisonment. Nine others received sentences 
totaling 49 years in prison. In addition, the court ordered the 
reimbursement of approximately $7.4 million (74 million dirhams).
    The law does not distinguish political and security cases from 
common criminal cases. At the Government's discretion, serious state 
security cases such as those relating to the Monarchy, Islam or 
territorial integrity may be brought before a specially constituted 
military tribunal, responsible to the military and the Ministry of 
Interior.
    Aside from external pressures, resource constraints also affected 
the court system. Although the Ministry of Justice provides an attorney 
at public expense for serious crimes (when the offense carries a 
maximum sentence of more than 5 years), appointed attorneys who were 
not paid enough often provided inadequate representation.
    During the year, sensitive human rights issues arose in some cases, 
most of which were covered openly and extensively by national and 
international media. Defense attorneys continued to claim that judicial 
processes in these cases were marked by significant irregularities, and 
that such irregularities infringed on the right to a fair trial for the 
accused.
    In July 2001, Ahmed Boukhari, a former intelligence agent, made 
public allegations regarding the Government's role in the 1965 Paris 
disappearance of socialist leader Mehdi Ben Barka. Authorities 
subsequently brought charges against him for writing bad checks, and 
former colleagues successfully sued him for defamation. He served 3 
months in prison on the check charge and 3 months on the defamation 
charge, and he paid fines in both instances.
    The Ben Barka case continued to embarrass the Government. Most 
observers saw the cases against Boukhari as heavy-handed attempts to 
prevent him from talking about the Ben Barka disappearance. 
Nevertheless, it was freely covered in the Moroccan press. At year's 
end, the Government had not responded to Boukhari's request for a 
passport in order to travel to provide testimony in a French court.
    In 1999 and 2000, Mustapha Adib, an Air Force captain, was 
convicted and reconvicted after the initial conviction was reversed in 
two military trials for violating the Military Code and libeling the 
military. The authorities detained Adib after he spoke out against 
military corruption and harassment to a journalist from the French 
newspaper Le Monde. The sentence was 2 \1/2\ years in prison, and 
expulsion from the military. The incident remained a focus of public 
interest. The truth regarding Adib's accusations of corruption was not 
a defense and, in fact, never was contested. After his release, Captain 
Adib gave a number of press interviews. He ran for Parliament but was 
not elected.
    The Government did not consider any of its prisoners to be 
political prisoners; however, Amnesty International (AI) identified 60 
persons whom it considered to be political prisoners.
    Various international human rights groups' estimates of the number 
of persons in prison for advocating independence for the Western Sahara 
varied from zero to 700. No consensus on a definitive number was 
reached. Conditions in the Western Sahara complicate attempts to 
confirm whether Sahrawis were imprisoned solely for their political 
affiliation or open advocacy of independence, or for other actions in 
violation of the law. The AMDH claimed that it knew of no persons 
imprisoned for having solely overtly advocated independence.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution states that the home is inviolable 
and that no search or investigation may take place without a search 
warrant, and the law stipulates that a search warrant may be issued by 
a prosecutor on good cause; however, authorities sometimes ignored 
these provisions.
    Government security services monitored certain persons and 
organizations, both foreign and domestic, and government informers 
monitored activities on university campuses.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of expression; however, the law permits prison sentences and 
financial penalties for journalists and publishers who violate its 
restrictions on defamation, libel and discussion regarding three 
topics: The Monarchy; territorial integrity; and Islam. The Press Code 
lists threats to ``public order'' as one of the criteria for the censor 
to consider. Within these limits, newspapers and weeklies were 
published across the political spectrum and were sometimes critical of 
government policies.
    Government control of the media generally was exercised through 
directives and ``guidance'' from the Ministry of Interior. Publications 
that were judged offensive could be confiscated or indefinitely 
suspended. The Government may censor newspapers directly by ordering 
them not to report on specific items or events. The Government 
registered and licensed domestic newspapers and journals and could use 
the licensing process to prevent the publication of materials that 
exceeded its threshold of tolerable dissent. The Ministry of Interior 
could control foreign publications by removing ``banned'' publications 
from circulation.
    In February the Government passed a new Press Code; however, its 
substantive changes from the 1958 Code were minimal. The Code reflected 
compromises over differences between party-oriented officials of the 
previous government, who wanted increased press freedom, and more 
conservative officials in the national security, justice, and religious 
ministries directly appointed by the King. The Government claimed that 
the bill guaranteed the citizen's right to information, journalists' 
right to access information, and respect for the practice of journalism 
while respecting the Constitution, the law and ethics. The new Press 
Code was not well received by the Moroccan National Union of 
Journalists (SNPM), various political parties, human rights groups, and 
international NGOs.
    The new law requires the Ministry of the Interior to justify to the 
courts any seizure or banning of domestic or foreign publications, 
suspension of the publisher's license, or destruction of equipment. The 
law continues to provide for jail sentences (3 to 5 years, rather than 
the 5 to 20 of the 1958 law), fines, and payment of damages for 
newspaper officials found guilty of libeling public officials.
    There were approximately 2,000 domestic and foreign newspapers, 
magazines, and journals in circulation during the year. The Government 
owned the official press agency, Maghreb Arab Press (MAP), and the 
Arabic daily newspaper, Al-Anbaa. The Government also supported two 
semiofficial dailies, the French-language Le Matin and the Arabic-
language Assahra Al Maghribia. In addition the Government subsidized 
the rest of the press through price controls for newsprint and office 
space. The Government generally tolerated satirical and often stinging 
editorials in the opposition parties' dailies. The media continued to 
engage regularly in self-censorship to avoid possible sanctions.
    The Government owned Moroccan Radio-Television (RTM). Another major 
broadcaster was the French-backed Medi-1, which operated from Tangier. 
While nominally private and independent, Medi-1 practiced self-
censorship, as do other media outlets. A government-appointed committee 
monitored broadcasts. The Government owned the only television stations 
whose broadcasts could be received in most parts of the nation without 
decoders or satellite dish antennas. Dish antennas were in wide use 
throughout the country. The Government did not impede the reception of 
foreign broadcasts during the year.
    In January the director of the print shop ``Safagraphic'' accused 
the secret services of causing $15,000 (150,000 dirhams) damage to his 
shop, which printed the books and publications of the Islamist Justice 
and Charity Organization (JCO).
    In February the Casablanca Court of Appeals commuted to suspended 
terms the prison sentences and reduced the fines of the directors of 
the weekly Le Journal, whom the Minister of Foreign Affairs, Mohamed 
Benaissa, had sued for libel.
    In April an independent weekly, Le Reporter, claimed that an issue 
of the Al Ayyam newspaper had been banned for publishing an interview 
in April with attorney Aderrahim Berrada, in which he said that 
officials should ask public forgiveness for human rights violations in 
the country.
    In May authorities seized 8,000 copies of Issue No. 15 of the 
periodical Wajhat Nadhar. This issue contained an article and a 
transcript of an interview about the monarchy with Prince Moulay 
Hicham, a member of the royal family known for his liberal opinions, 
who is now in self-imposed exile. However, Demain Magazine later 
published a full transcript of the interview without incident.
    In June the authorities apprehended Jam Roues, a member of the FVJ, 
while he was making photocopies of a pamphlet compiled during the 
Caravan of Truth movement, which he refused to turn over to the police. 
Another FVJ member contacted Interior Minister Driss Jettou, who 
ordered Roes' immediate release.
    During the year, the Government banned French publications (Le 
Monde, Liberation, and VSD) for articles critical of the Monarchy.
    The Government continued to block the publication of the JCO's 
newspapers Al Addle Awl Insane and Result Al Futaba throughout the 
year. The authorities blocked two of the JCO's web sites at the same 
time, with domestic access to them cut off.
    In general the press published unflattering articles that would 
have been censored in past years. The press openly reported on topics 
such as government corruption and financial scandals, sensitive human 
rights cases, harsh prison conditions, torture, poverty, prostitution, 
violence against women, exploitation of child maids, and sexual abuse 
of children.
    Many books that openly criticized Morocco's past were published and 
sold freely. Five books remained banned, all relating to disappearances 
and the regime of King Hassan II.
    The Government did not block Internet access generally, apart from 
JCO's Web sites.
    Academic freedom was restricted. There was no open debate on the 
Monarchy, the Western Sahara, and Islam. Government informers monitored 
campus activities, mostly Islamist, and the Ministry of Interior 
approved the appointments of rectors (see Section 1.f.).

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the law also permits the 
Government to suppress peaceful demonstrations and mass gatherings, and 
at times during the year police forcibly prevented and disrupted 
gatherings. Most conferences and demonstrations required the prior 
authorization of the Ministry of Interior, ostensibly for security 
reasons. Local observers generally agreed that the authorities required 
a declaration of a public meeting and their own authorization in order 
for public-venue meetings to proceed, and the authorities only allowed 
meetings to proceed that they considered non-threatening.
    In January police violently dispersed 60 unemployed blind people 
demonstrating in front of the Parliament in Rabat. Many were injured 
and 17 were hospitalized.
    In February security forces violently dispersed unemployed 
graduates and journalists in front of Parliament. The unemployed 
graduates were protesting, and the journalists were planning to attend 
a press conference on the new Press Code, called by the National Union 
of the Moroccan Press (SNPM) Secretary General Younes Moujahid. More 
than 60 demonstrators were injured, 11 seriously. More were injured 
when the security forces refused to allow additional ambulances to 
respond.
    During the year, most meetings and marches took place peacefully 
without government interference. In April Rabat experienced the largest 
demonstration in the country's history, in support of the Palestinians. 
Conservative estimates placed the crowd at 250,000. The demonstration 
was peaceful, and the authorities acted with restraint.
    Other peaceful demonstrations during the year included: An FVJ sit-
in and hunger strike to raise awareness about former political 
prisoners; an Islamist union sit-in in front of the Education Ministry 
to protest the nonapplication of the new statute for teachers; and a 
sit-in to protest the provision of water and electricity as 
insufficient, irregular, and expensive.
    However, there were instances of improper official intervention 
(and one case of non-action) during the year. In January, for example, 
unemployed doctors marched in Rabat. Police intervention resulted in 
several injuries, and spectators condemned the violent reaction by the 
authorities. In February four journalists, covering a demonstration of 
unemployed university graduates, were beaten by police with clubs. Also 
in February, an Islamist student faction occupied the University of 
Mohammedia and assaulted numerous other students, while also unlawfully 
seizing campus facilities. The authorities did not intervene to stop 
these activities. In April the authorities prevented, for the second 
time, a demonstration in support of the Berber rights movement in 
Kabylie, Algeria.
    The Constitution provides for freedom of association; however, the 
Government limited this right in practice. Under a 1958 decree, which 
was amended substantially in 1973 to introduce restrictions on civil 
society organizations, persons who wished to create an organization 
were required to obtain the approval of the Ministry of Interior before 
holding meetings. In practice the Ministry used this requirement to 
prevent persons suspected of advocating causes opposed by the 
Government from forming legal organizations. Historically, extreme 
Islamist and leftist groups encountered the greatest difficulty in 
obtaining official approval. Although there were over 20 active 
Islamist groups, the Government prohibited membership in two, the JCO 
and Jama'a Islamia, due to their anti-Monarchist orientation. The 
Ministry of Interior, which has used this power to control 
participation in the political process, also must approve political 
parties. However, individual Islamists are not barred from 
participating in recognized political parties.
    Prior to the September Parliamentary elections, the Government 
decreed that any existing political party that had not participated in 
at least two elections would be dissolved and that public aid would not 
be granted to any party that did not hold a congress every four years. 
To create a new party, a declaration must be submitted to the Interior 
Ministry, signed by at least 1,000 co-founding members from all regions 
of the country. Before the election 37 parties were in existence (many 
created during the year) and 26 of them ran candidates in the 
elections.
    The Party for Justice and Development (PJD) was the only Islamist 
party that participated in the elections.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion and Jewish and Christian communities openly practiced their 
faiths; however, the Government placed certain restrictions on 
Christian religious materials and proselytizing, and several small 
religious minorities were tolerated with varying degrees of official 
restrictions.
    The Government monitored the activities of mosques and placed other 
restrictions on Muslims and Islamic organizations whose activities were 
deemed to have exceeded the bounds of religious practice and become 
political in nature. The Constitution provides that Islam is the 
official religion, and designates the King as ``Commander of the 
Faithful'' with the responsibility of ensuring ``respect for Islam.''
    The Government did not license or approve religions or religious 
organizations. The Government provided tax benefits, land, and building 
grants, subsidies, and customs exemptions for imports necessary for the 
observance of the major religions.
    The Ministry of Islamic Affairs monitored Friday mosque sermons and 
the Koranic schools to ensure the teaching of approved doctrine. At 
times the authorities suppressed the activities of Islamists, but 
generally tolerated activities limited to the propagation of Islam, 
education, and charity. Security forces sometimes closed mosques to the 
public shortly after Friday services to prevent the use of the premises 
for unauthorized political activity. The Government strictly controlled 
the construction of new mosques. Most mosques were constructed using 
private funds.
    The Government barred the Islamic JCO as a political party and 
subjected prominent members to constant surveillance and at times 
refused to issue passports to them. The Government continued to block 
JCO web sites and publication of newspapers (see Sections 1.f., 2.a., 
2.b., and 3).
    The teaching of Islam in public schools benefited from 
discretionary funding in the Government's annual education budget, as 
did other curriculum subjects. The annual budget also provided funds 
for religious instruction to the small parallel system of Jewish public 
schools.
    A small foreign Christian community operated churches, orphanages, 
hospitals, and schools without any restriction or licensing 
requirement. Missionaries who conducted themselves in accordance with 
societal expectations largely were left unhindered. However, those who 
proselytized publicly faced expulsion. Islamic law and tradition called 
for strict punishment for any Muslim who converted to another faith. 
Any attempt to induce a Muslim to convert was illegal.
    The Government permitted the display and sale of Bibles in French, 
English, and Spanish, but confiscated Arabic-language Bibles and 
refused licenses for their importation and sale, despite the absence of 
any law banning such books. Nevertheless, Arabic Bibles have been sold 
in local bookstores. This year, there were no known cases in which 
foreigners were denied entry into the country because they were 
carrying Christian materials, as has occurred in the past.
    There are two sets of laws and courts--one for Jews and one for 
Muslims--pertaining to marriage, inheritance, and family matters. The 
family law courts are administered, depending on the law that applies, 
by rabbinical or Islamic authorities who are court officials. 
Parliament must authorize any changes to those laws.
    The Government continued to encourage tolerance and respect among 
religions. In March the Government invited Israel to attend the 
International Parliamentary Union in Marrakech, despite protests. In 
May the organization ``Al Ghadir'' asked for official status. This is 
the first time an association of Shiite citizens asked for official 
recognition. No response was received from the authorities by year's 
end.
    Beginning in June, several preachers and religious counselors were 
accused of exploiting mosques for political purposes, such as promoting 
Islamist parties. The Ministry of Religious Affairs and Endowments 
called for permanent control and monitoring of mosques to avoid their 
exploitation for political propaganda, such as disturbing pamphlets and 
raising funds.
    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; however, the Government restricted this right in certain 
areas. The Gendarmerie maintained checkpoints throughout the country, 
at which drivers' licenses and vehicle registrations were examined for 
validity. In the Moroccan-administered Western Sahara, authorities 
restricted movement in areas regarded as militarily sensitive.
    The Ministry of Interior restricted freedom to travel outside the 
country in certain circumstances. In addition, all civil servants and 
military personnel must obtain written permission from their ministries 
to leave the country. The OMDH and AMDH compiled lists of individuals 
who reportedly were denied passports or who had passports but were 
denied permission to travel. The OMDH contended that the Government, in 
resorting to arbitrary administrative delays, continued to harass 
former political prisoners who sought to resume normal lives.
    In February the FVJ demanded an explanation of the Government's 
refusal to allow Ahmed Boukhari a passport to travel to Paris to 
testify in court concerning the Ben Barka case (see Section 1.e).
    The Government welcomed voluntary repatriation of Jews who had 
emigrated. Jewish emigres, including those with Israeli citizenship, 
freely visited the country. The Government also encouraged the return 
of Sahrawis who departed Morocco due to the conflict in the Western 
Sahara, provided that they recognized the Government's claim to the 
region. The Government did not permit Western Saharan nationalists who 
have been released from prison to live in the disputed territory.
    The Government cooperated with the U.N. High Commissioner for 
Refugees (UNHCR) and other humanitarian organizations in assisting 
refugees. While the country has from time to time provided political 
asylum to individuals, the issue of first asylum never has arisen. The 
law does not contain provisions implementing the 1951 U.N. Convention 
relating to the Status of Refugees and its 1967 Protocol. There were no 
reports of forced expulsion of persons with a valid claim to refugee 
status.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Constitutional provisions establishing periodic free elections 
notwithstanding, citizens did not have the full right to change their 
government. The King, as head of state, appoints the Prime Minister, 
who is the titular head of government. Constitutional changes in 1992, 
retained in the Constitution of 1996, authorize the Prime Minister to 
nominate all government ministers, but the King may nominate ministers 
himself and has the power to replace any minister at will. The 
Parliament has the theoretical ability to change the system of 
government. However, the Constitution may not be changed without the 
King's approval. The Ministry of Interior appoints the provincial 
governors (walis) and district administrative officials (local caids). 
However, the King may nominate walis. Municipal and regional councils 
are elected. The Government consists of 39 cabinet-level posts, 
including 6 ``sovereign'' ministerial posts traditionally appointed by 
the King himself (Interior, Foreign Affairs, Justice, Islamic Affairs, 
Defense Administration, and Secretary General of the Government).
    On September 27, parliamentary elections were held. Despite some 
administrative problems and some allegations of misconduct by party 
officials and local politicians, most observers, both domestic and 
foreign, concluded that the elections were generally free, fair, and 
transparent, the first such elections in the country's history. 
According to observers, the absence of fraud and manipulation enhanced 
the credibility of reform efforts generally.
    In preparing for the elections, Parliament re-wrote the Electoral 
Code in its entirety. The new Code included a proportional list system, 
plus a novel ``national list'' of 30 seats reserved for women, as a 
means to increase dramatically the number of women in Parliament. By 
the time of elections, approximately 37 parties representing mainstream 
views were in existence, and 26 of them ran candidates. The Government 
conducted a massive voter education campaign. However, 61 percent of 
the electorate was illiterate, requiring the ballots to use symbols for 
all 26 parties. Fifty-two percent of those eligible voted, according to 
government statistics. The Interior Ministry publicized election 
violations and moved swiftly to investigate them and prosecute those 
responsible.
    The new Parliament consisted of the 30 women who gained seats 
reserved for women on the National List, plus five who won seats in 
their local districts. The previous Parliament had two women in the 
lower chamber. Women occupied 85 out of 22,600 seats of local communal 
councils throughout the country. Several proposed parties were not 
allowed to form during the year. The JCO never has been granted legal 
status as a political party (see Section 2.b.).

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government cooperated with local human rights monitors, who 
acted within the generally accepted boundaries of political discourse 
in the country. There were three nationally organized and government-
recognized nongovernmental human rights groups: The Moroccan 
Organization for Human Rights (OMDH), the Moroccan League for the 
Defense of Human Rights (LMDDH), and the Moroccan Association for Human 
Rights (AMDH). Former AMDH members formed a fourth group, the Committee 
for the Defense of Human Rights (CDDH), in 1992. There were also 
numerous regional human rights organizations. The Government maintained 
close relations with all of these groups and generally was responsive 
to them. The AMDH did not cooperate officially with the Government, but 
usually shared information.
    Founded in 1979 and 1988, respectively, the AMDH and OMDH have 
spent years addressing human rights abuses, and at times were harassed 
and restricted by the Government. However, some of their former leaders 
during the year occupied high level posts in the Government, and AMDH 
and OMDH since 2000 have had ``public utility'' status, which conferred 
financial benefits such as government subsidies in recognition of their 
serving the public interest.
    Two prominent national human rights NGOs, the Forum for Truth and 
Justice (FVJ) and the Moroccan Prison Observatory (OPM), were formed in 
1999. Created by victims of forced disappearance and surviving family 
members, the FVJ's principal goal was to encourage the Government to 
address openly the issue of past forced disappearances and arbitrary 
detention. The OPM's main purpose was improving the treatment and 
living conditions of prisoners. These groups maintained fairly regular 
contact with government authorities throughout the year.
    The Government's attitude toward international human rights 
organizations depended on the sensitivity of the areas of the NGOs' 
concern. The Government took a generally cooperative stance, even when 
some sensitive issues were touched upon, such as disappearances and 
abuses by security forces. In 2001 AI Secretary General Pierre Sane 
visited the country. Sane praised ``the progress recorded by Morocco in 
the field of human rights and the methods by which the issue of 
detainees and exiles was dealt with.'' However, Sane urged the 
Government to improve its record regarding cases of political prisoners 
and the disappeared; he claimed that the Government held 60 political 
prisoners and had not accounted for 450 disappearances. Sane also urged 
the Government to investigate and prosecute those responsible for past 
crimes and abuses. An agreement between AI and the Government for a 10-
year human rights education program was negotiated with the Ministry of 
Human Rights, and training began in September. The Ministry of Human 
Rights and the Ministry of Education provided human rights education 
for teachers, although by year's end the subject was not being taught 
in the classrooms.
    In March the country's chapter of AI urged the Government to sign 
all international human rights conventions and to adapt laws to 
international standards concerning human rights.
    The Government authorized the formation over the summer of a new 
independent NGO, the National Elections Observatory, to monitor the 
September 27 elections. Over 3,500 observers were trained and monitored 
the Parliamentary elections.
    The Royal Consultative Council on Human Rights (CCDH), a 12 year-
old advisory body, counseled the Palace on human rights issues, and was 
the organization charged by the King to resolve cases related to 
persons who had disappeared. Despite recent changes in the composition 
and conduct of the Council, some human rights organizations urged 
further changes to increase the voice of civil society in the CCDH. In 
December the King appointed former Minister of Justice Omar Azziman as 
President and former political prisoner Driss Benzekri as the Secretary 
General of the CCDH. Benzekri was jailed for 17 years, and, since his 
release, had worked helping former political prisoners file claims for 
compensation. He was vice president of OMDH and a leader in FVJ.
    The Government continued its efforts to institutionalize human 
rights training within the national school curriculum. In May a 
delegation from AMDH, OMDH, and FVJ met with the Interior Minister to 
urge speeding up the slow process of examining the files of victims of 
human rights abuses. The Government and NGOs hosted several human 
rights conferences throughout the year.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution provides for the equality of all citizens; 
however, women faced discrimination in the law and in traditional 
practice.

    Women.--Spousal violence was common. Although a battered wife had 
the right to file a complaint with the police, as a practical matter 
she would do so only if prepared to bring criminal charges. While 
physical abuse legally was grounds for divorce, a court would grant a 
divorce only if the woman were able to provide two witnesses to the 
abuse. Medical certificates were not sufficient. If the court found 
against the woman, she was returned to her husband's home. Thus, few 
women reported abuses to the authorities. However, there was 
substantial progress in making the public aware of problems concerning 
women, children, the handicapped and minorities.
    The Criminal Code provides for severe punishment for men convicted 
of rape or sexual assault. The defendants in such cases bear the burden 
of proving their innocence. However, sexual assaults often go 
unreported because of the stigma attached to the loss of virginity. 
While not provided for by law, victims' families may offer rapists the 
opportunity to marry their victims in order to preserve the honor of 
the family. Spousal rape was not a crime.
    The law is more lenient toward men with respect to crimes committed 
against their wives. ``Honor crimes,'' a euphemism that refers to 
violent assaults with intent to commit murder against a female for her 
perceived immodest or defiant behavior remained extremely rare. 
However, two cases of killings did occur in March. In Skhirat the 
father of 17-year old Hanna Bousalhi slit her throat and stabbed her 
for allegedly having a relationship with a male classmate. He was 
sentenced to 20 years in prison. In Sale the husband of Fatna Kriaa was 
convicted of killing her for allegedly having an affair with his 
cousin.
    Prostitution was prevalent, especially in urban centers. There were 
thousands of teenagers involved in prostitution. Although prostitution 
itself is against the law, the Government did not prosecute women who 
were coerced into providing sexual services. Trafficking in persons, 
particularly in child maids, was a problem (see Section 6.c. and 6.f.).
    Women were subjected to various forms of legal and cultural 
discrimination. The civil law status of women is governed by the Code 
of Personal Status (known as the ``Moudawana''), based on the Malikite 
school of Islamic law, and revised in 1993. Women's groups called 
attention to unequal treatment under the Code, particularly under the 
laws governing marriage, divorce, and inheritance. Women do not 
automatically lose child custody in divorce cases. However, the courts 
generally rule in favor of the parent who did not file for the divorce. 
Citizenship passes through the father.
    Under the Criminal Code, women generally are accorded the same 
treatment as men, but this is not the case for family and estate law, 
which is based on the Code of Personal Status. Under the Code of 
Personal Status, women inherit only half as much as male heirs. 
Moreover, even in cases in which the law provides for equal status, 
cultural norms often prevented a woman from exercising those rights. 
For example, when a woman inherits property, male relatives may 
pressure her to relinquish her interest.
    While many well-educated women pursue careers, few rise to the top 
echelons of their professions. Women constitute approximately 35 
percent of the work force, with the majority in the industrial, 
service, and teaching sectors. In 1998 (the last official statistics 
available) the Government reported that the illiteracy rate for women 
was 67 percent (83 percent in rural areas), compared with 41 percent 
for men (50 percent in rural areas). Women in rural areas were most 
affected by inequality. Women who earned secondary school diplomas had 
equal access to university education.
    The King and the Government continued to promote their proposal to 
reform the Personal Status Code in order to advance women's rights. 
Islamists and some other traditional segments of society firmly opposed 
the proposal, especially with respect to its more controversial 
elements, such as reform of women's legal status in marriage and family 
law issues.
    In March 2001, the King and Prime Minister met with 40 
representatives of women's organizations at the Royal Palace. The King 
subsequently established a Consultative Commission for the Moudawana. 
Several months later, a number of organizations formed a collective, 
the ``Spring of Equality,'' to protest the lack of movement on the Code 
of Personal Status reform. The Spring of Equality continued to protest 
during the year over the lack of progress in reform.
    Women made dramatic progress in the parliamentary elections (see 
Section 4). Many NGOs (76 by one count) worked to advance women's 
rights and to promote women's issues. Among these were the Democratic 
Association of Moroccan Women, the Union for Women's Action, and the 
Moroccan Association for Women's Rights, all of which advocated 
enhanced political and civil rights, as well as numerous NGOs that 
provided shelters for battered women, taught women basic hygiene, 
family planning, and child care, and promoted literacy. In March on 
International Women's Day, 40 women's groups staged a sit-in in front 
of Parliament, demanding ``Citizenship, Equality and Dignity for 
Women.''
    In February an NGO released the results of a study in Casablanca. 
According to the study of 300 single mothers, 31 percent were child 
maids under the age of 15; 28 percent were factory workers; 18 percent 
were unemployed; and 13 percent were adult housekeepers.

    Children.--The Government remained committed to the protection of 
children's welfare and attempted to do so within the limits of its 
budgetary resources. The law provides for compulsory education for 
children between the ages of 7 and 13; however, not all children 
between these ages attended school due to family decisions and 
shortfalls in government resources, and the Government did not enforce 
the law. School attendance between the ages of 7 and 13 was 98 percent.
    The Government had difficulty addressing the problem of child labor 
(see Section 6.c. and 6.d.). Young girls were exploited as domestic 
servants on a very large scale (see Section 6.f.). Teenage prostitution 
in urban centers has been estimated in the thousands by NGO activists. 
The clientele consisted of both foreign tourists and citizens. More 
young girls than boys were involved.
    The practice of adoptive servitude, in which urban families employ 
young rural girls and use them as domestic servants in their homes, was 
prevalent (see Sections 6.d. and 6.f.). Credible reports of physical 
and psychological abuse in such circumstances were widespread. Some 
orphanages have been charged as complicit in the practice. More often 
parents of rural girls ``contracted'' their daughters to wealthy urban 
families and collected the salaries for their work as maids. Adoptive 
servitude was accepted socially, was unregulated by the Government, and 
has only in recent years begun to attract public criticism. Since 2000 
the National Observatory of Children's Rights (ONDE) has conducted a 
human rights awareness campaign regarding the plight of child maids.
    The number of children working illegally as domestic servants was 
high: 45 percent of household employees under the age of 18 were 
between the ages of 10 and 12, and 26 percent were under the age of 10, 
according to a 2001 joint study by the Moroccan League for the 
Protection of Children and UNICEF. The legal minimum age of employment 
is 15 years. The report denounced the poor treatment a number of the 
children received, such as being forced to work all day with no breaks. 
The League demanded that the Government increase the minimum age for 
employment and strengthen the protection of child workers. The 
Government continued to have difficulty addressing the related problem 
of child labor in general (see Section 6.d). However, many children 
worked either as domestic servants, artisan ``apprentices,'' or in some 
other capacity that kept them from attending school.
    Another problem facing abandoned children of both sexes was their 
lack of civil status. Civil status is necessary to obtain a birth 
certificate, passport, or marriage license. If a father did not 
register his child, the child was without civil status and the benefits 
of citizenship. It is possible for an individual to self-register, but 
the process is long and cumbersome. While any child, regardless of 
parentage, may be registered within a month of birth, a court order is 
required if registration does not take place in that time.
    In January the issue of sexual abuse of children received increased 
public attention, when a 9-year old girl, Loubna Mahjoubi, died 
following sexual abuse. Pavillion 28, a Casablanca center that 
performed forensic medical examinations on child victims, reported 
seeing 200 abused children during the year. Half of those cases were 
sexual abuse cases. Child sexual abuse may be increasing, and NGOs 
advocated stiffer sentences.
    In April a new law provided that children born out of wedlock can 
now carry the father's name. Islamists criticized the new law. Single 
mothers were heavily stigmatized.

    Persons with Disabilities.--There are no laws to assist persons 
with disabilities. A high incidence of disabling disease, especially 
polio, has resulted in a correspondingly high number of persons with 
disabilities. The latest statistics from the Government estimated the 
number of persons with disabilities at 2.2 million, or 7 percent of the 
population. However, other estimates were as high as 3 million. While 
the Ministry of Social Affairs attempted to integrate persons with 
disabilities into society, in practice integration largely was left to 
private charities. The annual budget for the ministerial department in 
charge of affairs concerning persons with disabilities was only.01 
percent of the overall annual budget. The Royal Family, through the use 
of the Mohammed V Solidarity Fund, continued to aid the country's 
disabled population. Nonprofit special-education programs were priced 
beyond the reach of most families. Typically, their families supported 
persons with disabilities; some survived by begging.

    National/Racial/Ethnic Minorities.--The official language is 
Arabic. Both French and Arabic were used in the news media and 
educational institutions. Science and technical courses were taught in 
French, thereby preventing the large, monolingual-Arabic-speaking 
population from participation in such programs. Educational reforms in 
the past decade have emphasized the use of Arabic in secondary schools. 
However, failure to transform the university system similarly has led 
to the disqualification of many students from higher education in 
lucrative fields. The poor lacked the means to provide additional 
instruction in French to supplement the few hours per week taught in 
public schools.
    Approximately 60 percent of the population claim Berber heritage, 
including the Royal Family. Berber cultural groups contended that 
Berber traditions and the Berber language were being lost rapidly. A 
number of Berber associations claimed that the Government refused to 
register births for children with traditional Berber names, discouraged 
the public display of the Berber language, limited the activities of 
Berber associations, and continued to Arabize the names of towns, 
villages, and geographic landmarks. Nevertheless, a full page of a 
major national newspaper was devoted on a monthly basis to articles and 
poems on Berber culture, which were printed in the Berber language. 
Official media broadcast in the Berber language for limited periods 
each day.

Section 6. Worker Rights

    a. The Right of Association.--Workers are free to establish and 
join trade unions, although the laws reportedly have not been 
implemented in some areas, and the unions were not completely free from 
government interference. About 600,000 of the country's 10 million 
workers were unionized in 17 trade union federations. Four federations 
dominated the labor scene: The Union Marocaine du Travail (UMT), the 
Confederation Democratique du Travail (CDT); the Union Generale des 
Travailleurs Marocains (UGTM); and the Islamist-oriented Union 
Nationale du Travail au Maroc (UNTM). Most were linked to political 
parties.
    Union officers were sometimes subject to government pressure. Union 
leadership did not always uphold the rights of members to select their 
own leaders. There was no case of the rank and file voting out its 
current leadership and replacing it with another.
    There is no law specifically prohibiting antiunion discrimination. 
Under the ostensible justification of ``separation for cause,'' 
employers have dismissed workers for union activities that were 
regarded as threatening to employer interests.
    According to the IFCTU, in November 2000, the management of a 
multinational textile factory in Sale responded to their employees' 
election of eight members of a trade union committee by firing all 
eight elected workers and posting a large banner at the factory 
entrance that read ``NO UNION.'' The eight trade union leaders 
subsequently were harassed and assaulted by company security personnel. 
They were detained briefly at a police station. The Governor of Sale 
reportedly rejected publicly the existence of trade unions in his 
district. The eight workers ultimately returned to their jobs, and were 
able to establish a union.
    The courts have the authority to reinstate such workers and were 
able to enforce rulings that compelled employers to pay damages and 
back pay. Unions may sue to have labor laws enforced, and employers may 
sue unions when they believe that unions have overstepped their 
authority.
    Unions belonged to regional labor organizations and maintained ties 
with international trade union secretariats. The UMT was a member of 
the International Confederation of Free Trade Unions.

    b. The Right to Organize and Bargain Collectively.--The right to 
organize and bargain collectively is implied in the constitutional 
provisions on the right to strike and the right to join organizations; 
however, the laws governing collective bargaining were inadequate and 
often ignored in several companies and even within the public sector. 
Trade union federations competed among themselves to organize workers. 
Any group of eight workers may organize a union and a worker may change 
union affiliation easily. A work site may contain several independent 
locals or locals affiliated with more than one labor federation.
    Collective bargaining has been a longstanding tradition in some 
parts of the economy, such as the industrial sector, and is becoming 
more prevalent in the service sector, including banking, health and the 
civil service. The wages and conditions of employment of unionized 
workers generally were set in discussions between employer and worker 
representatives. However, wages for the vast majority of workers were 
set unilaterally by employers. Labor disputes have arisen in some cases 
as the result of employers failing to implement collective bargaining 
agreements. The most serious recent example was the Government's 
failure to implement an agreement negotiated with the three major 
teachers' unions in December 2000. Following the Government's failure 
to include any needed adjustments in its 2002 budget, the major 
teachers' unions struck for 3 days in November 2001. The strike was met 
with police repression, leaving several teachers injured.
    While workers have a right to strike, the law requires compulsory 
arbitration of disputes. Work stoppages normally were intended to 
advertise grievances and lasted 24 to 72 hours or less. Butchers in the 
Greater Casablanca region conducted the most effective strike. They 
carried out a work stoppage of more than a week to protest increased 
fees at a new abattoir.
    Compared to the previous year, there was a significant drop in 
labor unrest, which CDT leaders claimed was due less to a ``detente in 
social tensions'' than to economic stagnation. Unions organized 166 
work stoppages during the first 9 months of the year resulting in 
101,897 lost workdays, according to Labor Ministry statistics. During 
the corresponding first 9 months of 2001, there were 193 strikes 
resulting in 204,871 lost workdays.
    During the year, the police were called out on several occasions to 
remove protesters who were members of the Moroccan Association of 
Unemployed College Graduates. In December police beat an estimated 30 
unemployed graduates when they refused to disperse from the Moroccan 
Parliament building. Also in December the UMT complained that 24 union 
members at a plant in Kenitra were arrested for demanding the minimum 
wage of $180 (1800 dirhams) per month. At various times, dockworkers at 
Casablanca Port were summarily dismissed for, as the UMT described it, 
``demanding their rights.'' Article 288 of the Penal Code, which the 
UMT wants repealed, permits employers to initiate criminal prosecutions 
of workers for stopping work if they strike. The Government has the 
authority to break up demonstrations in public areas that do not have 
government authorization, or to prevent the unauthorized occupancy of 
private space such as a factory.
    In the past, the Government in a number of instances used security 
forces to break up demonstrating strikers, at times using excessive 
force in doing so. For example, in May 2001, 11 protesters were 
hospitalized after police forcibly removed them from a sit-in at the 
Ministry of Agriculture, and in October 2001 police violently broke up 
a sit-in at a strike by the port workers union USTPM.
    There were no charges filed, nor are there likely to be, after 
investigations in the August 2000 incident in which the nephew of a 
private transportation company owner drove a bus into a crowd killing 3 
strikers and injuring 12, nor in the February 2000 operation in 
Tarmilet where security forces arrested and injured dozens of striking 
workers using rubber bullets, tear gas, and water cannons.
    Employers wishing to dismiss workers are required by law to notify 
the provincial governor through the labor inspector's office. In cases 
in which the employer plans to replace dismissed workers, a government 
labor inspector provides replacements and mediates the cases of workers 
who protest their dismissal. Any worker who is dismissed for committing 
a serious infraction of work rules is entitled by law to a court 
hearing that is a fundamental right and is strictly enforced.
    In general the Government ensured the observance of labor laws in 
larger companies and in the public sector. In the informal economy, 
such as in the family workshops that dominated the handicrafts sector, 
employers routinely ignored labor laws and regulations, and government 
inspectors lacked the resources to monitor violations effectively.
    Unions resorted increasingly to litigation to resolve labor 
disputes. The Ministry of Labor's 496 inspectors served as 
investigators and conciliators in labor disputes. According to the 
Ministry of Labor, its inspectors were able to help resolve some 713 
potential strikes affecting 573 businesses during the first nine months 
of the year. It claimed that its staff, over the same period, helped to 
reinstate 3039 employees.
    Labor law reform remained controversial. According to employer 
groups, the law makes it extremely difficult to fire or lay off 
permanent employees. The standard for legally firing a permanent 
employee is ``serious error'' committed by the employee, and the courts 
set the burden of proof very high. Reductions in force due to economic 
hardship also became mired in politics and were extremely hard to 
implement.
    Labor law applied equally to the small Tangier export zone. The 
proportion of unionized workers in the export zone was comparable to 
the rest of the economy, approximately 6 percent.

    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.). However, in practice the 
Government lacked the resources to inspect places of employment to 
ensure that forced labor was not being used. Forced labor persisted in 
the practice of adoptive servitude in households (see Section 6.d.).

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--In January the minimum employment age rose from 12 to 15. 
The minimum age applies to all sectors and includes apprenticed 
children and those in family businesses. Various laws provide 
protective measures for children under 16 at work. The law prohibits 
children under 16 from being employed more than 10 hours per day, 
including a minimum of a 1-hour break. All employees are limited to a 
maximum 48-hour regularly scheduled workweek.
    Abuse of child labor laws was common, particularly in the informal 
sector. In practice children often were apprenticed before age 12, 
particularly in small family-run workshops in the handicraft industry. 
Children, particularly rural girls, also were employed informally as 
domestic servants and usually received little or no payment. Safety and 
health conditions, as well as wages in businesses that employ children 
often were substandard.
    Ministry of Labor inspectors were responsible for enforcing child 
labor regulations, which generally were observed in the industrialized, 
unionized sector of the economy. However, the inspectors were not 
authorized to monitor the conditions of domestic servants. The 
Government maintained that the informal handicrafts sector was 
difficult to monitor.
    The Government lacked the resources to enforce laws against child 
labor. There was also a general acceptance of the desirability of 
contributing to family income, as well as the presumption that it was 
necessary to start working at a young age to properly learn traditional 
handicraft skills.
    A study of child maids in Casablanca in 2000 concluded that 
approximately 13,000 girls under age 15 were employed there as child 
maids. Another study concluded there were 20,000 child maids in the 
country's other major cities. The study also concluded that over 80 
percent of the child maids were illiterate and that over 80 percent 
came from rural areas. In about half of the cases, the child maid 
received no pay, or her pay went directly to her family. Many child 
maids reported long working hours, no rest breaks, and abusive 
conditions. Four percent reported being sexually abused in the 
employer's household.
    As a result, the Ministry of Education, in cooperation with the 
Ministry of Health and UNICEF, as well as domestic NGOs such as the 
Moroccan League for the Protection of Children (LMPE) and National 
Observatory of the Rights of Children (ONDE), attempted to address the 
problem. They have sought to increase possibilities for child maids to 
receive education, health care and job training, and the opportunity to 
return to their families or leave their employers. Three child welfare 
NGOs operated centers for these purposes that received private 
contributions and governmental and foreign funding.
    Along with UNICEF and several domestic NGOs, the ILO had several 
ongoing programs to attempted to provide child maids and other working 
children, particularly young ostensibly apprentice artisans, 
rudimentary education, health care, and leisure activities.

    e. Acceptable Conditions of Work.--In July 2000, the Government 
increased the minimum wage by 10 percent to approximately $180 (1,800 
dirhams) per month in the industrialized sector and to approximately $9 
(90 dirhams) per day for agricultural workers; however, businesses in 
the extensive informal sector often ignored the minimum wage 
requirements. Neither the minimum wage for the industrialized sector 
nor the wage for agricultural workers provided a decent standard of 
living for a worker and family, even with government subsidies for 
food, diesel fuel, and public transportation. Unions continued to 
appeal unsuccessfully for a minimum wage of approximately $180 (1,800 
dirhams) per month. In many cases, several family members combined 
their income to support the family. Most workers in the industrial 
sector earned more than the minimum wage. They generally were paid 
between 13 and 16 months' salary, including bonuses, each year.
    The minimum wage was not enforced effectively in the informal and 
handicraft sectors. However, the Government pay scale exceeded the 
minimum wage for workers at the lowest civil service grades. To 
increase employment opportunities, the Government allowed firms to hire 
recent graduates for a limited period through a subsidized internship 
program at less than the minimum wage. However, due to economic 
conditions, most were not offered full-time employment at the 
conclusion of their internships. According to the Government, the 
unemployment rate was 12 percent, but some union leaders contend that a 
more accurate figure, including underemployment, would be approximately 
35 percent.
    The law provides for a 48-hour maximum workweek, with no more than 
10 hours worked in any single day, premium pay for overtime, paid 
public and annual holidays, and minimum conditions for health and 
safety, including a prohibition on night work for women and minors. As 
with other labor regulations and laws, these were not observed 
universally and were not enforced effectively by the Government in all 
sectors.
    Occupational health and safety standards were rudimentary, except 
for a prohibition on the employment of women in certain dangerous 
occupations. The labor inspectors attempted to monitor working 
conditions and investigate accidents, but lacked sufficient resources. 
While workers in principle had the right to remove themselves from work 
situations that endangered health and safety without jeopardizing their 
continued employment, there were no reports of workers attempting to 
exercise this right.

    f. Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons; under the Penal Code perpetrators were 
prosecuted either for fraud, corruption of minors, or as persons who 
forced others into prostitution. Trafficking in persons was a problem.
    Prostitution was prevalent, particularly in cities with large 
numbers of tourists, as well as near towns with large military 
installations (see Section 5). Prostitution of minors took place in the 
village of El Hajeb near Meknes that attracted sex tourists from Europe 
and the Gulf. NGO activists estimated that there were thousands of 
teenage prostitutes in urban centers. Women and girls were sometimes 
forced into prostitution.
    Women also were trafficked abroad. For example, in June police 
broke up a trafficking ring in Meknes, based on the testimony of 
victims who had escaped from Syria and the UAE and returned to Morocco. 
The victims testified that they were hired as domestics, but once in 
Syria and the United Arab Emirates, they were forced to work as 
nightclub ``dancers'' and prostitutes. They further testified that 
other young women remained in Syria, waiting to be rescued.
    Internal trafficking was also a problem, particularly for women for 
sexual exploitation or of young girls for domestic service.
    Due to fiscal constraints, the Government did not provide direct 
funding to NGOs offering services to victims of trafficking. However, 
the Government did provide in-kind support. In terms of prevention, the 
Government supported modest programs aimed at keeping children in 
school, improving education opportunities for rural girls, and 
expanding economic opportunities in high-risk areas.
    The country was also a transit point for trafficking and alien 
smuggling to Europe. Hundreds of citizens and foreigners, most from 
sub-Saharan Africa, drown annually attempting to cross the Strait of 
Gibraltar.

                             WESTERN SAHARA

    The sovereignty of the Western Sahara remained the subject of 
dispute between the Government of Morocco and the Polisario Front 
(Popular Front for the Liberation of the Saguia el Hamra and Rio de 
Oro), an organization seeking independence for the region. The Moroccan 
government sent troops and settlers into the northern two-thirds of the 
Western Sahara after Spain withdrew from the area in 1975, and extended 
its administration over the southern province of Oued Ed-Dahab after 
Mauritania renounced its claim in 1979. Since 1973 the Polisario has 
challenged the claims of Spain, Mauritania, and Morocco to the 
territory. Moroccan and Polisario forces fought intermittently from 
1975 until the 1991 ceasefire and deployment to the area of a United 
Nations peacekeeping contingent, known by its French initials, MINURSO.
    In 1975 the International Court of Justice issued an advisory 
opinion on the status of the Western Sahara. The Court held that while 
some of the region's tribes had historical ties to Morocco, the ties 
were insufficient to establish ``any tie of territorial sovereignty'' 
between the Western Sahara and Morocco. The Court added that it had not 
found ``legal ties'' that might affect the applicable U.N. General 
Assembly resolution regarding the decolonization of the territory, and, 
in particular, the principle of self-determination for its people. 
Sahrawis (as the persons native to the territory are called) lived in 
the area controlled by Morocco, as refugees in Algeria near the border 
with Morocco, and to a lesser extent, in Mauritania. A Moroccan-
constructed berm or sand wall encloses most of the territory.
    In 1988 Morocco and the Polisario accepted the U.N. plan for a 
referendum allowing the Sahrawis to decide between integration with 
Morocco or independence for the territory. However, disagreements over 
voter eligibility were not resolved and, a referendum has not yet taken 
place. In March 1997, U.N. Secretary General Kofi Annan appointed 
former U.S. Secretary of State James Baker as his personal envoy to 
examine approaches for a peaceful settlement. During the intervening 5 
years, Baker has visited the region, consulted with the parties, and 
offered various proposals to resolve the problem.
    The Moroccan government has undertaken a sizable economic program 
subsidizing migration and development in the Western Sahara as part of 
its efforts to strengthen Moroccan claims to the territory, although 
incomes and standards of living were substantially below Moroccan 
levels. The population of the territory was an estimated 400,000.
    In February since the parties had made no further progress, the 
Special Envoy asked the U.N. Security Council to select one of four 
options: A referendum; a U.N. pullout; the ``third way'' of autonomy 
within Morocco; or partition of the Western Sahara. The Security 
Council was unable to agree on one of these options, so it extended 
MINURSO's mandate until January 2003, and authorized the Special Envoy 
to formulate a new proposal. In November King Mohammed VI publicly 
rejected plans sponsored by the U.N. for a referendum to determine the 
future of the territory, dismissing the plan as ``out of date'' and 
``null.''
    Since 1977 the Saharan provinces of Laayoune, Smara, and Boujdour 
(and Oued Ed-Dahab since 1983) have participated in elections organized 
and controlled by the Moroccan government. Sahrawis whose political 
views were aligned with the Moroccan government filled all the seats 
allotted to the Western Sahara in the Moroccan Parliament.
    On September 27, Moroccan parliamentary elections took place that 
were generally free, fair and transparent, albeit with isolated 
instances of irregularities. No Sahrawis opposed to Moroccan 
sovereignty were candidates in the election. The national turnout was 
52 percent; however, the Government stated that 70 percent of eligible 
voters participated in the Western Sahara. There was no progress during 
the year on local elections to choose members to the proposed new Royal 
Advisory Council on the Western Sahara that the King had announced in 
October 1999.
    On November 28, Mohamed Boucetta, imprisoned for petty crime, died 
in custody in Laayoune prison in the Western Sahara. According to 
Saharan activist groups, he told family members two days before his 
death that he was being tortured and an autopsy indicated that ``blows 
and wounds'' caused his death. A prison warden was reportedly in 
custody concerning the death, and the prison director was reportedly 
suspended. Media reports suggested that fellow inmates beat him to 
death. An investigation was ongoing at year's end.
    As in past years, there were no new cases of disappearance in that 
part of the Western Sahara under Moroccan administration. The forced 
disappearance of individuals who opposed the Government of Morocco and 
its policies occurred over several decades; however, the Government in 
1998 pledged to ensure that such activities would not recur, and to 
disclose as much information as possible on past cases. Those who 
disappeared were Sahrawis or Moroccans who challenged the Moroccan 
government's claim to the Western Sahara or other government policies. 
Many of those who disappeared were held in secret detention camps. 
Although in 1991 the Moroccan government released more than 300 such 
detainees, hundreds of Sahrawi and Moroccan families did not have any 
information regarding their missing relatives, many of whom disappeared 
over 20 years ago, at year's end.
    International human rights organizations claimed that 
disappearances of Sahrawis in the Western Sahara could number between 
1,000 and 1,500, although conditions in the territory prevented 
confirmation of this figure.
    The Government of Morocco failed to conduct a public inquiry or to 
explain how and why those released spent up to 16 years of 
incommunicado detention without charge or trial. The former Sahrawi 
detainees formed an informal association whose principal objective was 
to seek redress and compensation from the Government for their 
detention. A delegation of this association continued to meet with 
various government officials, human rights organizations, members of 
the press, and diplomatic representatives in both Rabat and Laayoune 
during the year. They claimed that the Government made little progress 
during the year in recognizing their grievances. In 2000 through the 
Arbitration Commission of the Royal Advisory Council on Human Rights 
(CCDH), the Government began distributing preliminary compensation 
payments to affected Sahrawis, and announced that more compensation 
could be distributed pending the results of a review of petitions by 
Sahrawi claimants. However, numerous cases remained pending at year's 
end. Despite reforms to the CCDH structure, many still viewed the 
process as biased and flawed administratively.
    The U.N. settlement plan called for the release of all POWs after 
the voter identification process was completed. MINURSO completed the 
voter identification process in 1999. In January the Polisario released 
115 Moroccan POWs and in June released 101 additional POWs. By year's 
end, the Polisario held 1,260 POWs, of whom 817 had been prisoners for 
over 20 years. In June an International Committee of the Red Cross 
(ICRC) delegation visited the Moroccan POWs, and reported that their 
physical and psychological health remained extremely poor. There also 
were credible reports from Moroccan NGOs that the Polisario authority 
used the POWs for forced labor.
    The Polisario claimed that the Moroccan government continued to 
hold several hundred Sahrawis as political prisoners and approximately 
300 former combatants as POWs. The Government of Morocco formally 
denied that any Sahrawi former combatants remained in detention. 
Representatives of the ICRC have stated that Morocco has released all 
Polisario former combatants.
    The Government of Morocco claimed that the Polisario detained 
30,000 Sahrawi refugees against their will in camps near Tindouf in 
southwestern Algeria. The Polisario denied this charge. According to 
credible reports, the number of persons in the camps in Tindouf far 
exceeded 30,000, but the assertion that they wished to leave remained 
unsubstantiated. The Polisario reportedly have not allowed the UNHCR 
and WFP to conduct a census of the camps in the Tindouf area.
    Police arrested and detained Sahrawis who supported Saharan 
independence. In June police arrested Ahmed Nassiri, Sahrawi activist 
and a member of the Morocan human rights NGO, Forum for Truth and 
Justice (FVJ), who had been sought since the violent conflicts with 
police in Smara in November 2001. His trial was postponed twice due to 
the absence of witnesses (who were themselves imprisoned) and had not 
taken place at year's end. Four foreign observers followed the process. 
In August police arrested Ali Salem Tamek, an official of the Moroccan 
Democratic Confederation of Workers and an FVJ member. One week later 
he was accused of membership in a political group working for a foreign 
power and convicted of threats to the security of the state. Sentenced 
to 2 years in prison and a fine of $1,000 (10,000 dirhams), Tamek began 
a hunger strike in November to protest against his conditions of 
detention. Moroccan human rights NGOs considered these cases to be 
ordinary criminal cases involving assault and property damage.
    The Polisario reportedly restricted freedom of expression, peaceful 
assembly, and association. According to Amnesty International (AI), 
Moroccan authorities continued to refuse to register the independent 
newspaper Sawt Al-Janoub. In November 2001 in Smara, according to the 
NGO Reporters without Borders (RSF), police arrested and physically 
abused Nouredinne Darif, a correspondent for the weekly Al Amal 
Addimocrati, when he went to the hospital to inquire about the 
condition of demonstrators beaten by the police at the demonstration on 
the same day. While Darif was acquited in April, a court in Laayoune 
convicted 14 of the Sahrawi demonstrators of arson and armed violence 
and other charges related to violence. According to a report of the 
trial by Spanish observers from the law schools of Barcelona and 
Badajoz, the defendants claimed that they had been tortured.
    Freedom of expression and freedom of peaceful assembly and 
association remain very restricted in the Western Sahara. 
Demonstrations were disrupted during the year. In March there was a 
minor civil disturbance in Laayoune. A number of Sahwari unemployed 
college graduates attempted a sit-in to demand jobs. The authorities 
forcibly disbursed the demonstrators. In September the court of appeal 
in Layounne confirmed the prison sentences of five of six unemployed 
Sahrawi university graduates who were arrested in the course of a 
peaceful demonstration at Smara in April 2000.
    In May two other activists claimed that Moroccan authorities had 
tortured them for going to a mosque in memory of the death in London of 
Polisario official Fadel Ismail.
    A number of other Sahrawis remained imprisoned for peaceful 
protests supporting Saharan independence. Youths released in previous 
years reported that the Moroccan police continued to monitor them 
closely.
    Political rights for the residents of Western Sahara were 
circumscribed. Freedom of expression and freedom of peaceful assembly 
and association remained very restricted. In June a Sahrawi activist 
claimed that the Sahwaris were unable to form political associations or 
politically oriented NGOs.
    Freedom of movement within the Western Sahara was limited in 
militarily sensitive areas, both within the area controlled by the 
Government of Morocco and the area controlled by the Polisario. Both 
Moroccan and Polisario security forces at times subjected travelers to 
arbitrary questioning. The Polisario reportedly restricted freedom of 
expression, peaceful assembly, association, and movement in its camps 
near Tindouf. In June members of two NGOs representing Sahrawis who had 
left the Polisario camps met in Laayoune with foreign diplomats and 
provided photographs of victims of torture and booklets alleging that 
abuses took place near Tindouf.
    The civilian population living in the Western Sahara under Moroccan 
administration was subject to Moroccan law. U.N. observers and foreign 
human rights groups maintained that Sahrawis had difficulty obtaining 
Moroccan passports, that the Moroccan government monitored the 
political views of Sahrawis more closely than those of Moroccan 
citizens, and that the police and paramilitary authorities reacted 
especially harshly against those suspected of supporting independence 
and the Polisario. The Moroccan government limited access to the 
territory. International human rights organizations and impartial 
journalists sometimes experienced difficulty in securing admission, 
although an AI delegation conducted a research mission in June and 
July, which included the Western Sahara, focussed primarily on the 
issue of the ``disappeared.''
    Moroccan laws apply in the part of the Western Sahara controlled by 
Morocco. As in Morocco itself, women were subjected to various forms of 
legal and cultural discrimination. Female illiteracy was very high, 
especially in rural areas.
    There was little organized labor activity in the Western Sahara. 
The same labor laws that apply in Morocco were applied in the Moroccan-
controlled areas of the Western Sahara. Moroccan unions were present in 
the areas of Western Sahara controlled by Morocco, but were not active. 
The 15 percent of the territory outside Moroccan control did not have 
any major population centers or economic activity apart from nomadic 
herding. The Polisario-sponsored labor union, the Sario Federation of 
Labor, was not active in the Western Sahara.
    There were no strikes, other job actions, or collective bargaining 
agreements during the year. Most union members were employees of the 
Moroccan government or state-owned organizations. They were paid 85 
percent more than their counterparts in Morocco as an inducement to 
Moroccan citizens to relocate to the Western Sahara. Workers in the 
Western Sahara were exempt from income and value-added taxes and 
received subsidies on commodities such as flour, oil, sugar, fuel, and 
utilities.
    Moroccan law prohibited forced labor, and it did not appear to 
occur in the Western Sahara.
    Regulations on the minimum age of employment were the same as in 
Morocco. Child labor appeared to be less common than in Morocco, 
primarily because of the absence of industries most likely to employ 
children, such as rug-knotting and other traditional handicrafts. A 
government work program for adults, the Promotion Nationale, provided 
families with sufficient income so that the hired child maids were not 
common. Children in the few remaining nomadic groups presumably worked 
as shepherds with other group members.
    The minimum wage and maximum hours of work were identical to those 
in Morocco. However, in practice workers in some fish processing plants 
worked as many as 12 hours per day, 6 days per week, well beyond the 
10-hour day, 48-hour week maximum stipulated in Moroccan law during 
peak periods. Occupational health and safety standards were the same as 
those enforced in Morocco. They were rudimentary, except for a 
prohibition on the employment of women in dangerous occupations.
                               __________

                                  OMAN

    The Sultanate of Oman is a monarchy that has been ruled by the Al 
Bu Sa'id family since the middle of the 18th century. It has no 
political parties, but does have one representative institution, whose 
members were elected directly by voters selected by the Government. The 
Sultan, Qaboos Bin Sa'id Al Sa'id, acceded to the throne in 1970. 
Although the Sultan retains firm control over all important policy 
issues, he has brought tribal leaders and other notable persons into 
the Government. In accordance with tradition and cultural norms, much 
decision-making is by consensus among these leaders. In 1991 the Sultan 
established a Consultative Council, or Majlis Al-Shura, which replaced 
an older advisory body. The Consultative Council was expanded to 83 
seats for the 2000 elections, and members were chosen directly by the 
vote of 175,000 government-selected electors, of whom approximately 
100,000 actually voted. In 1996 the Sultan promulgated by decree the 
country's ``Basic Charter'' (also known as the Basic Law), which 
provides for many basic human rights. Implementing legislation has only 
been enacted in some family, judicial administration, and financial 
cases; however, the Government has made it clear that the Basic Charter 
has the immediate force of law. While appropriate laws pertaining to 
various articles of the Charter will be enacted, the responsibilities 
delineated in the Charter came into full force when it was enacted in 
1996. In cases where there is no implementing legislation, judges must 
render judgement in accord with the principles of the Basic Charter. 
The Consultative Council has no formal legislative powers but may 
question government ministers and recommend changes to new laws 
regarding economic and social policy, which on occasion leads to 
amendments to proposed decrees. In 2001 the Sultan appointed 53 
members, including 5 women, as members of the State Council (Majlis Al-
Dawla), which, with the Consultative Council, forms the bicameral body 
known as the Majlis Oman (Council of Oman). In November the Sultan 
announced his intention to permit native born citizens 21 or older to 
vote in the Consultative Council elections in 2003. The judiciary was 
not independent in practice and courts were subject to the Sultan's 
influence. The Sultan had the right to overturn judicial decisions on 
appeal.
    The internal and external security apparatus fell under the 
authority of the Royal Office, which coordinated all intelligence and 
security policies. The Internal Security Service investigated all 
matters related to internal security. The Royal Oman Police (ROP), 
whose head also had cabinet status, performed regular police duties, 
provided security at airports, served as the country's immigration 
agency, and maintained a small coast guard. Unlike in previous years, 
there were no reports that security forces committed human rights 
abuses during the year. The country had a population of approximately 
2.4 million, including approximately 624,000 foreigners. The country 
has used its modest oil revenue to make impressive economic progress 
and improve public access to health care, education, and social 
services for its citizens. The economy was mixed, with significant 
government participation in industry, transportation, and 
communications.
    The Government generally respected the human rights of its 
citizens' in some areas; however, its record was poor in other areas. 
Citizens did not have the right to change their government. Police did 
not always follow procedures regarding arrest and detention, and in 
some instances police handling of arrest and detention constituted 
incommunicado detention. In 2000, royal decree 97/99 came into effect 
that detailed the rules, regulations, and procedures governing criminal 
and civil trials. In the past, there were instances in which due 
process was denied to persons tried in state security courts. Citizens 
must obtain permission from the Government to marry foreigners. The 
Government restricted freedom of expression and association. The 
Government must approve the establishment of all associations, and 
human rights organizations were prohibited. The Government did not 
ensure full rights for women. The Government severely restricted worker 
rights. Foreign workers in private firms at times were placed in 
situations amounting to forced labor, and abuse of foreign domestic 
servants was a problem.
    The 1996 Basic Charter, issued as a decree by the Sultan, defines 
and protects many basic human rights, such as an independent judiciary, 
and the freedoms of association, speech, and the press. The Basic 
Charter states that the Government was to strive to issue all enabling 
laws within 2 years of November 1996. Only certain laws pertaining to 
the legal code for family and interpersonal relationships, to judicial 
reform, and to aspects of the Finance Ministry have been enacted. Local 
legal experts consider the rights and responsibilities delineated by 
the Basic Charter to have the full and immediate force of law, without 
the need for separate implementing legislation. Oman 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.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Basic Charter specifically prohibits torture, and 
there were no reports of torture during the year.
    Judges had the right to order investigations of allegations of 
mistreatment. The Basic Charter specifically prohibits ``physical or 
mental torture'' and stipulates that all confessions obtained by such 
methods are to be considered null and void.
    In 2000, the police used tear gas and physical force to control 
demonstrations, and made some arrests (see Section 2.b.). In April the 
police broke up demonstrations but there were no reports of excessive 
use of force or tear gas.
    Prison conditions were spartan, but appeared to meet international 
standards. Access to some prisoners was restricted severely. There were 
separate facilities for men and women, as well as separate facilities 
for juveniles and adults. Security prisoners were held separately and 
in different conditions from regular prisoners. Pretrial detainees also 
were held separately.
    The Government did not permit independent monitoring of prisons.

    d. Arbitrary Arrest, Detention, or Exile.--The Basic Charter 
provides for certain legal and procedural rights for detainees. The 
police may obtain warrants prior to making arrests but were not 
required by law to do so. However, within 24 hours of arrest, the 
authorities must obtain court orders to hold suspects in pretrial 
detention, and the police were required to file charges or request a 
magistrate judge to order continued detention. However, in practice the 
police did not always follow these procedures. Judges may order 
detentions for 14 days to allow investigation and may grant extensions 
if necessary. There was a functioning system of bail.
    Police handling of arrests and detentions constituted incommunicado 
detention in some instances. The police did not always notify a 
detainee's family or, in the case of a foreign worker, the worker's 
sponsor of the detention. At times notification was only made just 
prior to the detainee's release. The authorities posted the previous 
week's trial results (including the date of the trial, the name of the 
accused, the claim, and the sentence) near the magistrate court 
building. The police did not always permit attorneys and family members 
to visit detainees. Judges occasionally interceded to ensure that 
security officials allowed such visits.
    The Basic Charter prohibits exile, and the Government did not use 
forced exile.

    e. Denial of Fair Public Trial.--The Basic Charter affirms the 
independence of the judiciary; however, the various courts were 
subordinate to the Sultan and subject to his influence in practice. All 
judges are appointed by the Sultan and serve at his pleasure. The 
Sultan acted as a court of final appeal and interceded in cases of 
particular interest, such as those concerning national security. 
However, there were no reported instances in which the Sultan 
overturned a decision of the magistrate courts.
    In 1999 the Sultan issued several royal decrees to establish a law 
on judicial authority and to affirm the independence of the judiciary 
as called for in the Basic Charter. The decrees formally established 
the judiciary as an independent, hierarchical system composed of a 
Supreme Court, an appeals court, primary courts (one located in each 
region), and, within the primary courts, divisional courts. Within each 
of the courts there are divisions to consider commercial, civil, penal, 
labor, taxation, general, and personal status cases (the latter under 
Shari'a). The former Authority for the Settlement of Commercial 
Disputes was abolished in 2001, and commercial cases were heard in 
primary courts. The General Prosecutor's Office, which before the 2001 
reform was under the jurisdiction of the Royal Omani Police Chief 
Inspector, became an independent legal entity within the Ministry of 
Justice. In 1999 an Administrative Court was established to review 
complaints against the misuse of governmental authority; it operated 
under the authority of the Diwan of Royal Court.
    The Ministry of Justice administered all courts. The judiciary 
comprised the magistrate courts, which adjudicated misdemeanors and 
criminal matters, and the Shari'a (Islamic law) courts, which 
adjudicated personal status cases such as divorce and inheritance. The 
Labor Welfare Board attempted to mediate disputes between employers and 
employees. If a settlement cannot be reached, the parties may seek 
recourse in the appropriate courts. The courts of general jurisdiction 
may hear cases involving rent disputes.
    In 1984 a royal decree established the magistrate court system of 
primary courts, appeals courts, and the Supreme Court to take over all 
criminal cases from the Shari'a courts. Regional courts of first 
instance handled misdemeanor cases, which were heard by individual 
judges. All felonies were adjudicated at the Central Magistrate Court 
by a panel made up of the President of the Magistrate Court and two 
judges. All rulings of the felony panel were final except for those in 
which the defendant was sentenced to death. The death penalty rarely 
was used, except in serious felonies such as murder, and the Sultan 
must approve death sentences. There was no provision for amputation.
    The Criminal Appeals Panel also was presided over by the President 
of the Magistrate Court and included the court's vice president and two 
judges. This panel heard appeals of rulings made by all courts of first 
instance. In the past, specially trained prosecutors from the Royal 
Oman Police (ROP), all of whom were trained as police officers as well 
as prosecutors, carried out the role of public prosecutor in criminal 
cases; however, as a step toward implementing a 1999 Royal decree 
designed to increase the independence of the judiciary, prosecutors 
were made independent of the ROP.
    The Criminal Code does not specify the rights of the accused. There 
are no written rules of evidence, codified procedures for entering 
cases into the criminal system, or any detailed legal provisions for a 
public trial. Criminal procedures have developed by tradition and 
precedents in the magistrate courts. In criminal cases, the police 
provided defendants with the written charges against them; defendants 
were presumed innocent and have the right to present evidence and 
confront witnesses. The prosecution and the defense direct questions to 
witnesses through the judge, who was usually the only person to 
question witnesses in court. Article 22 of the Basic Charter provides 
for the presumption of innocence, and Article 23 provides for the right 
to counsel, ensuring for those financially unable the means to legal 
defense. Judges often pronounced the verdict and sentence within 1 day 
of the completion of a trial. Those convicted may appeal jail sentences 
longer than 3 months and fines over the equivalent of $1,250 (480 
rials) to a three-judge panel. Defendants accused of national security 
offenses and serious felonies did not have the right of appeal.
    The State Security Court tried cases involving national security 
and criminal cases that the Government decided required expeditious or 
especially sensitive handling. Magistrate court judges have presided 
over trials in the State Security Court. Defendants tried by the 
Security Court were not permitted to have legal representation present. 
The timing and the location of the Court's proceedings were not 
disclosed publicly. The Court did not follow legal procedures as 
strictly as the magistrate courts, although prominent civilian jurists 
formed the judicial panel. The Sultan has exercised his powers of 
extending leniency, including in political cases.
    The Shari'a courts were administered by the Ministry of Justice and 
applied Shari'a law as interpreted under the Ibadhi school of Islamic 
jurisprudence. Courts of first instance were located in each of the 59 
wilayats, or governorates, and were presided over by a single judge, or 
qadi. Appeals of the rulings of the courts of first instance involving 
prison sentences of 2 weeks or more or fines greater than $260 (100 
rials) must be brought within 1 month before the Shari'a Court of 
Appeals. Panels of three judges heard appeals cases. Court of Appeals 
rulings themselves may be appealed, within a 1-month period, to the 
Supreme Committee for Complaints, which was composed of four members, 
including the Minister of Justice and the Grand Mufti of the Sultanate.
    In 1997 the Government promulgated into law the provisions of the 
1996 Basic Charter pertaining to family law which falls under the 
purview of the Shari'a courts. The law has regularized the nature of 
the cases and the range of corresponding judgments within the Shari'a 
court system that only deals with family law.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The police were not required by law to obtain search 
warrants. There was a widely held view that the Government eavesdropped 
on both oral and written communications. Citizens were required to 
obtain permission from the Ministry of Interior to marry foreigners, 
except nationals of the Gulf Cooperation Council countries. Such 
permission was not granted automatically. Delays or denial of 
permission resulted in secret marriages within the country. Marriages 
in foreign countries may lead to denial of entry of the foreign spouse 
into the country and prevent a legitimate child from claiming 
citizenship rights.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--Although the Basic Charter 
provides for freedom of speech and of the press, the Government 
restricted these rights in practice. The law prohibits criticism of the 
Sultan in any form or medium. The authorities tolerated criticism of 
government officials and agencies, but such criticism rarely received 
media coverage.
    The Press and Publication Law authorizes the Government to censor 
all domestic and imported publications. Ministry of Information censors 
may act against any material regarded as politically, culturally, or 
sexually offensive. Journalists and writers generally exercised self-
censorship to avoid government harassment. Editorials generally were 
consistent with the Government's views, although the authorities 
tolerated some criticism regarding foreign affairs issues. The 
Government discouraged in-depth reporting on controversial domestic 
issues and sought to influence privately owned dailies and periodicals 
by subsidizing their operating costs. There were five daily newspapers, 
three in Arabic and two in English. Arabic language dailies ``Al-
Watan'' and ``Shabiba'' as well as English daily ``Times of Oman'' were 
privately owned.
    Customs officials confiscated videocassette tapes and erased 
offensive material, despite the lack of published guidelines regarding 
what was considered offensive. Such tapes may or may not be returned to 
their owners. Government censorship decisions were changed periodically 
without stated reason. There was a general perception that the 
confiscation of books and tapes at the border from private individuals 
and restrictions on popular novels eased somewhat; however, it 
reportedly has become more difficult to obtain permission to distribute 
books in the local market that censors decide have factual errors 
regarding the country (including outdated maps).
    The Government owned three local radio stations and two local 
television stations. In general they did not air any politically 
controversial material, although the state television company was 
allowed to broadcast public question and answer sessions between 
ministers and the Majlis Al-Shura; however, this only happened twice 
during the year. The Government did not allow the establishment of 
privately owned radio and television companies. The availability of 
satellite dishes has made foreign broadcast information accessible to 
those with the financial resources to obtain access to the dishes.
    The appropriate government authority, such as Sultan Qaboos 
University, the police, or the relevant ministry must approve public 
cultural events, including plays, concerts, lectures, and seminars. 
Most organizations avoided controversial issues because of fears that 
the authorities may cancel their events.
    The Government, through its national telecommunications company, 
made Internet access available for a charge to citizens and foreign 
residents. However, it blocked certain web sites that it considered 
pornographic or politically sensitive. As use of the Internet to 
express views normally not permitted in other media grew, the 
Government took additional measures to monitor and censor it. The 
Government placed warnings on web sites that criticism of the Sultan or 
personal criticism of government officials was likely to be censored, 
which ultimately caused some to practice self-censorship.
    The Government restricted academic freedom, particularly regarding 
publishing or discussing controversial matters, such as politics. 
Professors may be dismissed for going beyond acceptable boundaries.

    b. Freedom of Peaceful Assembly and Association.--The Basic Charter 
provides for freedom of assembly, although all public gatherings 
require government approval. The authorities with rare exceptions 
enforced this requirement. Over the course of 8 days in 2000, rare, 
unauthorized public demonstrations in support of the Palestinians and 
against Israeli and U.S. policies took place at Sultan Qaboos 
University and other venues. Most demonstrators were young men, and 
most demonstrations were peaceful. Rock throwing and vandalism of 
private property occurred at some locations. On one or two occasions, 
police used tear gas and physical force to control demonstrations and 
arrested some persons. After the demonstrations, the Government acted 
to prevent further demonstrations, through arrests and limiting 
demonstrations to areas that could be controlled. However, in April 
public demonstrations occurred in support of the Palestinian Intifada.
    The Government restricted freedom of association. The law states 
that the Ministry of Social Development must approve the establishment 
of all organizations and their by-laws; however, some groups, such as 
certain social groups, were allowed to function without formal 
registration. The Government used the power to license organizations to 
control the political environment. It did not license groups regarded 
as a threat to the predominant social and political views or the 
interests of the Sultanate. Formal registration of foreign associations 
was limited to a maximum of one association for any nationality. The 
Basic Charter's provisions in this area regulated the formation of 
associations.
    A 2000 royal decree allowed for the formation of nongovernmental 
organizations (NGOs) providing services to women, children, and the 
elderly. Seven NGOs were registered, four relating to persons with 
disabilities and three professional societies. Some government-
sponsored women's associations perform some associative functions and 
were completely dependent on government funding, while others were 
self-funded through membership fees, corporate donations, and product 
sales.

    c. Freedom of Religion.--The law does not provide for freedom of 
religion. However, the Basic Charter protects the freedom to practice 
religious rites, in accordance with tradition, provided that such 
freedom does not breach public order. The Basic Charter also provides 
that Islam is the state religion and that Shari'a is the basis for 
legislation. Non-Muslim religious organizations must be registered with 
the Government.
    Discrimination against individuals on the basis of religion was 
prohibited. There were no laws prohibiting discrimination against 
religious minorities. Some members of the Shi'a Muslim minority claimed 
that they faced discrimination in employment and educational 
opportunities. However, some Shi'a occupied prominent positions in both 
the private and public sectors, although much less so in the public 
sector. For example, the Ministers of National Economy (also de facto 
Minister of Finance), Commerce and Industry, and Health were all Shi'a. 
Many other government officials also were Shi'a, such as the Director 
General of Maritime Affairs at the Ministry of Transport and 
Telecommunications.
    Most citizens are Ibadhi or Sunni Muslims, but there is also a 
minority of Shi'a Muslims. Non-Muslims were free to worship at churches 
and temples built on land donated by the Sultan. There were many 
Christian denominations, which utilized two plots of donated land, on 
which two Catholic and two Protestant churches were built. Hindu 
temples also existed on government-provided land. Land was made 
available to Catholic and Protestant missions to provide places of 
worship and ministry to resident Christians in Sohar and Salalah.
    The Government prohibited non-Muslims from proselytizing. It also 
prohibited non-Muslim groups from publishing religious material, 
although religious material printed abroad could be brought into the 
country. Certain medical and educational activity by missionaries was 
permitted as long as missionaries did not proselytize. Members of all 
religions and religious groups were free to maintain links with 
coreligionists abroad and undertake foreign travel for religious 
purposes.
    The Government expected all imams to preach sermons within the 
parameters of standardized texts distributed monthly by the Ministry of 
Awqaf and Religious Affairs. The Government monitored mosque sermons to 
ensure that imams did not discuss political topics and stayed within 
the state-approved orthodoxy of Islam.
    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 partially restricted these rights in 
practice. The Government did not restrict travel by citizens within the 
country except to military areas. Foreigners other than diplomats must 
obtain a government pass to cross border points. To obtain a passport 
and depart the country, a woman must have authorization from her 
husband, father, or nearest male relative. However, a woman having a 
national identity card (which also must be authorized by a male 
relative) may travel to certain Gulf Cooperation Council countries 
without a passport.
    The Basic Charter prohibits the extradition of political refugees, 
and there were no reports of the forced return of persons to a country 
where they feared persecution. The issue of the provision of first 
asylum did not arise during the year. Tight control over the entry of 
foreigners into the country effectively limited refugees and 
prospective asylum seekers from entering. There was no government 
policy of cooperation with the U.N. High Commissioner for Refugees or 
other humanitarian organizations in assisting refugees.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens did not have the right to peacefully change their 
government. The Government is an autocracy in which the Sultan retains 
ultimate authority on all foreign and domestic issues.
    In November 1996, the Sultan promulgated by decree the first 
defacto written constitution, known as the Basic Charter. Although it 
is considered to have immediate force of law, laws and regulations to 
implement some provisions have not been enacted. While family, 
judicial, administrative, and financial implementing legislation were 
enacted, others have yet to be promulgated.
    The law does not provide for political parties or direct elections. 
Citizens had indirect access to senior officials through the 
traditional practice of petitioning their patrons, usually the local 
governor, for redress of grievances. The Sultan appointed the 
governors. Successful redress depended on the effectiveness of a 
patron's access to appropriate decisionmakers. The Sultan made an 
annual 3-week tour of the country, accompanied by his ministers. The 
tour allowed the Sultan to listen directly to his subjects' concerns.
    In 1991 Sultan Qaboos established a Consultative Council, or Majlis 
Al-Shura. In November the Sultan issued a royal decree expanding the 
electorate to include all native born citizens. This was a departure 
from the 2000 election format in which the Government established a 
system under which Consultative Council members, male and female, were 
elected directly by receiving the most votes from eligible voters in 
their districts. In the 2000 elections, the Government selected more 
than 175,000 men and women, approximately 25 percent of adult citizens, 
to register to vote, of whom 114,000 registered and 100,000 voted. The 
Government's selection criteria reportedly was based on tribal and 
social status; educational background; personal and professional 
connections; and loyalty to the Government. In 2000 the number of 
eligible female voters increased from 5,000 to 52,000. In August 2000 a 
royal decree abolished the prior procedure under which voters (or 
electors) had volunteered as candidates for Consultative Council seats, 
had their police records checked by the Government, and relied on 
government approval of their decision to run. The nominees with the 
most votes did not win appointment to the Consultative Council if the 
Sultan decided not to appoint them. Under the new procedures, 
candidates were not subject to government scrutiny, and the Sultan no 
longer ratified winning candidates. However, the Sultan controlled the 
process, and at least two sitting members of the Consultative Council 
were excluded from the outset from standing for reelection in 2000 
possibly because of their criticism of ministers during previous 
Consultative Council sessions.
    The Consultative Council has no formal legislative powers, which 
remain concentrated in the Sultan's hands; however, it served as a 
conduit of information between the citizens and the Government 
ministries. No serving government official was eligible to be a 
Consultative Council member. The Consultative Council may question 
government ministers in public or in private, review all draft laws on 
social and economic policy, and recommend legislative changes to the 
Sultan, who makes the final decision. In 2001 the membership of the 
Majlis Al-Dawla, or State Council, increased from 48 to 53 members, 
including 5 female members. The precise responsibilities of the State 
Council and its relationship to the existing Consultative Council have 
yet to be clarified. The State Council and the Consultative Council 
together form the Majlis Oman, or Council of Oman. In 2000 a royal 
directive was issued prohibiting members of the Council of Oman from 
serving more than two 3-year terms.
    The Sultan publicly has advocated a greater role for women in both 
the public and private sectors. Women held senior government positions, 
including four at the undersecretary level and there was one woman 
ambassador. Women constituted 30 percent of eligible voters in the 2000 
elections, and, according to the Sultan's November statement of 
intention, all women 21 years or older will be eligible to vote in the 
2003 elections.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government prohibited the establishment of human rights NGOs, 
and there were no government-controlled or autonomous human rights 
entities in the country. The existing restrictions on the freedom of 
speech and association did not permit any activity or speech critical 
of the Government.
    There were no visits to the country by U.N. or international human 
rights organizations.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Basic Charter prohibits discrimination on the basis of sex, 
ethnic origin, race, language, sect, place of residence, and social 
class. Effective government enforcement was insufficient in some areas, 
and societal and cultural discrimination based on gender, race, social 
class, and disability existed.

    Women.--The law does not specifically address domestic violence 
against women; however, according to Shari'a, all forms of physical 
abuse are illegal. There was no evidence of a pattern of spousal abuse, 
although observers claimed that allegations of such abuse in the 
Shari'a courts were not uncommon and conversations with local observers 
indicated that domestic violence was a real concern. Doctors did not 
have a legal responsibility to report either spousal or child abuse to 
the courts. Battered women may file a complaint with the police but 
more often sought family intervention to protect them from violent 
domestic situations. Likewise, families sought to intervene to keep 
such problems from public view. There were reports of employers and co-
workers physically and sexually abusing domestic servants and harassing 
hospital nurses without being held accountable for such actions (see 
Section 6.d.). There were no government programs for abused women.
    The law prohibits rape. Shari'a provides no punishment for spousal 
rape.
    Prostitution was illegal, and due to strict cultural norms and 
immigration controls, was rare.
    Female genital mutilation (FGM) was still practiced by very few 
communities in the interior and in the Dhofar region. Experts believed 
that the number of such cases was small and declining annually.
    Many women lived within the confines of their homes. While progress 
has been made in changing laws and attitudes, women continued to face 
many forms of discrimination. Illiteracy among older women hampered 
their ability to own property, participate in the modern sector of the 
economy, or inform themselves of their rights. Government officials 
frequently denied women land grants or housing loans and preferred to 
conduct business with a woman's husband or other male relative. Women 
may own property. Women required permission from a male relative to 
leave the country (see Section 2.b.).
    Some aspects of Islamic law and tradition as interpreted in the 
country also discriminated against women. Shari'a favors male heirs in 
adjudicating inheritance claims. Many women were reluctant to take an 
inheritance dispute to court for fear of alienating the family.
    Since 1970 conditions for women have improved markedly in several 
areas. Whereas in 1970 no schools existed for girls, the most recent 
figures available from the Ministry of Education in 1999 reported an 
enrollment rate of nearly 95 percent for all girls eligible for 
elementary school, and government statistics showed that girls make up 
49 percent of all citizen students. The Government spent approximately 
9 percent of its total budget on education. In the 2000-2001 school 
year, 48.7 percent of the total number of students attending public 
schools were girls, slightly lower than in previous years. Women 
constituted approximately half of the 5,000 students at Sultan Qaboos 
University. In 2001, 731 women and 566 men received bachelor's degrees 
as members of the 11th graduating class, while 2 women and 40 men 
received master's degrees. The university had a quota system with the 
apparent goal of increasing the number of men studying certain 
specialties. For example, women reportedly were being limited to 50 
percent of the seats in the medical department. The quota system was 
expected to allow women to constitute a majority in some other 
departments.
    Women also have made gains in the work force. Some educated women 
have attained positions of authority in government, business, and the 
media. Approximately 30 percent of all civil servants were women; of 
these, 59 percent were citizens. In both the public and private 
sectors, women were entitled to maternity leave and equal pay for equal 
work. The Government, the country's largest employer of women, observed 
such regulations, as did many private sector employers. However, many 
educated women still faced job discrimination because prospective 
employers feared that they might resign to marry or raise families. 
Female employees in the Government have sought administrative redress 
for alleged denial of promotion in favor of less capable men. 
Government grants for study abroad generally were divided evenly 
between men and women. According to recently published statistics 
approximately 23 percent of students who study abroad under the 
sponsorship of the Ministry of Higher Education were women.
    Within the Government, women's affairs were the responsibility of 
the Ministry of Social Development (formerly the Ministry of Social 
Affairs, Labor, and Vocational Training). The Ministry provided support 
for women's affairs through funding of the Oman Women's Association 
(OWA) and local community development centers (LCDCs). The OWA 
consisted of 25 chapters, with an active membership of more than 3,000 
women. Typical OWA activities included sponsoring health or 
sociological lectures, kindergarten services, and handicraft-training 
programs. The OWA also provided an informal counseling and support role 
for women with divorce-related difficulties, girls forced to marry 
against their will, and women and girls suffering from domestic abuse. 
The main purpose of the 50 LCDCs located throughout the country was to 
encourage women to improve the quality of life for their families and 
to improve their contributions to the community. LCDC activities 
focused on health and sociology lectures, childcare issues, and 
agricultural and traditional handicraft training programs.

    Children.--The Government has made the education, health, and 
general welfare of children a budgetary priority. Primary school 
education for children, including noncitizen children, was free and 
universal, but not compulsory. Most children attended school through 
secondary school, until age 18. The infant mortality rate continued to 
decline, and comprehensive immunization rates rose. The Government 
provided free health care for children to age six. There was no pattern 
of familial or other child abuse, but government officials have 
publicly called for greater awareness and prevention of child abuse.
    Child prostitution was not known to occur.
    FGM was rare; it was performed mainly on young girls (see Section 
5, women).

    Persons with Disabilities.--There were no laws prohibiting 
discrimination against persons with disabilities. The Government has 
mandated parking spaces and some ramps for wheelchair access in private 
and government office buildings and shopping centers. Compliance was 
voluntary, yet widely observed. Students in wheelchairs had easy access 
to Sultan Qaboos University. There was 1 government-sponsored 
rehabilitation center in the capital area and seventeen private 
rehabilitation centers throughout the country. The Government has 
established numerous rehabilitation centers for children with 
disabilities. Persons with disabilities, including blind persons, 
worked in government offices. While the Government could charge a small 
fee to citizens seeking government health care, persons with 
disabilities generally were not charged for physical therapy and 
prosthetics support.

    National/Racial/Ethnic Minorities.--The Basic Charter prohibits 
discrimination based on racial or ethnic characteristics. While in the 
past, citizens of African origin claimed that they frequently faced job 
discrimination in both the public and private sectors, these 
allegations have diminished in recent years.

Section 6. Worker Rights

    a. The Right of Association.--Workers did not have the right to 
form or to join unions.

    b. The Right to Organize and Bargain Collectively.--The law 
stipulates that ``it is absolutely forbidden to provoke a strike for 
any reason.'' Labor unrest was rare. The law does not provide for the 
right to collective bargaining; however, it required that employers of 
more than 50 workers form a joint labor-management committee as a 
communication forum between the two groups. The implementation of this 
provision was uneven, and the effectiveness of the committees was 
questionable. In general the committees discussed such matters as the 
living conditions at company-provided housing. They were not authorized 
to discuss wages, hours, or conditions of employment. Such issues were 
specified in the work contracts signed individually by workers and 
employers and had to be consistent with the guidelines of the Ministry 
of Manpower (formerly a part of the Ministry of Social Affairs, Labor, 
and Vocational Training).
    The law defines conditions of employment for some citizens and 
foreign workers. It covers domestic servants and construction workers 
but not temporary workers or those with work contracts that expire 
within 3 months.
    Work rules must be approved by the Ministry of Social Development 
and posted conspicuously in the workplace by employers of 10 or more 
workers. Similarly any employer with 50 or more workers must establish 
a grievance procedure. Regardless of the size of the company, any 
employee, including foreign workers, may file a grievance with the 
Labor Welfare Board. In some cases, worker representatives filed 
collective grievances, but most grievances were filed by individual 
workers. Lower-paid workers used the procedure regularly. Legal counsel 
may represent plaintiffs and defendants in such cases.
    There were no export processing zones.

    c. Prohibition of Forced or Bonded Labor.--The Basic Charter 
prohibits forced or bonded labor for any person, including children; 
however, the Government did not investigate or enforce the law 
effectively. Foreign workers at times were placed in situations 
amounting to forced labor. Employers have withheld letters of release 
(documents that release workers from employment contracts), which allow 
workers to change employers. Without such a letter, a foreign worker 
must continue to work for his current employer or become technically 
unemployed, which was sufficient grounds for deportation. Many foreign 
workers were not aware of their right to take such disputes before the 
Labor Welfare Board. Others were reluctant to file complaints for fear 
of retribution from unscrupulous employers. In most cases brought 
before it, the Board released the worker from service without 
deportation and awarded compensation for time worked under compulsion; 
however, employers faced no penalty other than to reimburse the 
worker's back wages.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law prohibits children under the age of 13 from 
working. Children between 13 and 16 years of age may be employed, but 
must obtain the Ministry's permission to work overtime, at night, on 
weekends or holidays, or to perform strenuous labor. The Ministry of 
Social Development generally enforced the law; however, in practice 
enforcement often did not extend to some small family businesses that 
employ underage children, particularly in the agricultural and 
fisheries sectors. Child labor did not exist in any industry.
    The law specifically prohibits forced or bonded labor by children, 
and it was not known to occur.

    e. Acceptable Conditions of Work.--The Ministry of Social 
Development issues minimum wage guidelines for various categories of 
workers. In 1998 the Government raised the minimum wage for most 
citizens to about $260 (100 rials) per month, plus $52 (20 rials) for 
transportation and housing. Minimum wage guidelines did not apply to a 
variety of occupational categories, including small businesses that 
employed fewer than five persons, the self-employed, domestic servants, 
dependent family members working for a family firm, and some categories 
of manual labor. Many foreigners worked in occupations that were exempt 
from the minimum wage law, and the Government was lax in enforcing 
minimum wage guidelines, where applicable, for foreign workers employed 
in menial jobs. However, highly skilled foreign workers were well paid.
    The minimum wage was sufficient to provide a decent standard of 
living for a worker and family. The compensation for foreign manual 
laborers and clerks was sufficient to cover living expenses and to 
permit savings to be sent home.
    The private sector workweek was 40 to 45 hours and included a rest 
period from Thursday afternoon through Friday. Government workers have 
a 35-hour workweek. While the law does not designate the number of days 
in a workweek, it requires at least one 24-hour rest period per week 
and mandates overtime pay for hours in excess of 48 per week. 
Government regulations regarding hours of employment were not always 
enforced. Employees who worked extra hours without compensation could 
file a complaint before the Labor Welfare Board, but the Board's 
rulings were not binding.
    Every worker has the right to 15 days of annual leave during the 
first 3 years of employment and 30 days per year thereafter. Employers 
provide many foreign nationals, including domestic servants, with 
annual or biannual round-trip tickets to their countries of origin.
    The law states that employers must not place their employees in 
situations involving dangerous work; however, the law does not 
specifically grant a worker the right to remove himself from dangerous 
work without jeopardy to his continued employment. All employers were 
required by law to provide first aid facilities. Work sites with more 
than 100 employees were required to have a nurse. Employees covered 
under the Labor Law could recover compensation for injury or illness 
sustained on the job through employer-provided medical insurance. The 
health and safety standard codes were enforced by inspectors from the 
Department of Health and Safety of the Directorate of Labor. As 
required by law, they made regular onsite inspections.
    Foreign workers constituted at least 50 percent of the work force 
and as much as 80 percent of the private sector work force. In the 
past, there were reports that employers or male coworkers sexually 
harassed and abused foreign females employed in such positions as 
domestic servants and hospital nurses. Foreign women employed as 
domestic servants and garment workers have claimed that their employers 
withheld their salaries and that government officials were unresponsive 
to their grievances, due to investigative procedures that disadvantaged 
the victim. There were reports of employers physically and sexually 
abusing foreign domestic servants, and employers were not always held 
accountable for such actions. Foreign women at times have had to ask 
their governments' embassies for shelter to escape abuse (see Section 
5).
    Foreign workers at times found themselves in situations amounting 
to forced labor (see Section 6.c.).

    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.
                              ----------                              


                                 QATAR

    Qatar is a monarchy with no constitution or political parties. It 
is governed by the ruling Al-Thani family through its head, the Amir. 
The current Amir, Sheikh Hamad bin Khalifa Al-Thani, took power from 
his father in 1995 with the support of leading branches of the Al-Thani 
family, and in consultation with other leading families. This 
transition of authority did not represent a change in the basic 
governing order. The Amir holds absolute power, the exercise of which 
is influenced by religious law, consultation with leading citizens, 
rule by consensus, and the right of any citizen to gain access to the 
Amir to appeal government decisions. The Amir generally legislates 
after consultation with leading citizens, an arrangement 
institutionalized in an appointed advisory council that assists the 
Amir in formulating policy. In 1999 the Amir convened a constitutional 
committee to draft a permanent constitution that would provide for 
parliamentary elections and in July the committee completed its work 
and submitted a draft constitution to the Amir. In 1999 citizens 
participated in the first ever free and fair election of a national 
body, the Central Municipal Council. The second elections for the 
Municipal Council are scheduled for April 2003. The judiciary is 
nominally independent. Approximately 50 percent of the judges are 
foreign nationals. All judges hold their positions at the Government's 
discretion.
    The country has efficient police and security services. The 
civilian security force, controlled by the Interior Ministry, consists 
of two sections: The police and the General Administration of Public 
Security. A state security investigative unit (Mubahith), which reports 
directly to the Amiri Diwan (the office of the Amir), performs internal 
security investigations, gathers intelligence, and is responsible for 
sedition and espionage cases. There also is a civilian intelligence 
service (Mukhabarat), which also reports directly to the Amiri Diwan. 
There were no reports that security forces committed human rights 
abuses.
    The population is approximately 600,000, of whom 150,000 are 
believed to be citizens. The State owns most basic industries and 
services, but the retail and construction industries are privately 
owned. Oil is the principal natural resource now exploited, but the 
country's extensive natural gas resources play an increasingly 
important role. Rapid development in the 1970s and 1980s created an 
economy in which foreign workers, mostly South Asian and Arab, 
represent approximately 85 percent of the workforce. The Government has 
aimed for a modest increase in the participation of local nationals in 
the workforce. Many government jobs are offered generally only to 
citizens and private sector businesses are encouraged to recruit 
citizens as well.
    The Government generally respected the human rights of its 
citizens; however, its record remained poor in some areas. Citizens did 
not have the right to change their government peacefully. The 
Government severely limited the rights of assembly and association. The 
Government restricted freedom of religion, although it continued to 
take some steps to ease restrictions on the practice of non-Muslim 
religions. Women's rights were restricted by law and social customs. 
Women have the right to vote. The Government severely restricted 
workers' rights. At times some domestic servants were mistreated and 
abused. Noncitizens, who make up more than 75 percent of local 
residents, faced discrimination in the workplace. The country also was 
a destination for trafficked persons. Qatar 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.

    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 there were no allegations 
of torture by security forces during the year. There were unconfirmed 
allegations in previous years that some of the defendants in the trial 
of the 1996 coup plotters (see Sections 1.d. and 1.e.) had been 
tortured while in police custody; however, government officials have 
denied the allegations. The Government administered most corporal 
punishment prescribed by Islamic law but did not allow amputation. 
Punishments were not administered publicly.
    Prison conditions generally met international standards. Women were 
held separately from men, and juveniles were held separately from 
adults. Pretrial detainees were held separately from convicted 
prisoners. In 2000 the International Committee of the Red Cross visited 
prisons; no other organization has requested prison visits.

    d. Arbitrary Arrest, Detention, or Exile.--The law prohibits 
arbitrary arrest and detention; however, the police had the discretion 
to arrest persons based on minimal suspicion. Unlike in pervious years, 
there were no reports of arbitrary detention in security cases. The 
authorities generally charged suspects within 48 hours. Suspects 
usually are presented to the Attorney General within 24 hours of 
arrest. The Attorney General decided whether to hold the suspect up to 
a maximum of 4 days, after which time the suspect was presented before 
a judge, who may order the suspect released or remanded to custody to 
await trial. Judges may extend pretrial detention for 1 week at a time 
to allow the authorities to conduct investigations or order the release 
of the suspect through bail. Lengthy pretrial detention was not known 
to occur. The accused is entitled to legal representation throughout 
the process. There were no provisions for making legal counsel 
available to indigents at state expense. Suspects who were detained in 
security cases generally were afforded access to counsel; however, they 
may be detained indefinitely while under investigation. During the 
year, there were no cases of incommunicado detention.
    In 2001 the Appeals Court upheld the guilty verdicts and sentenced 
to death 19 of those convicted of involvement in a 1996 coup attempt, 
including the prime suspect Sheikh Hamad Bin Jassim Bin Hamad Al-Thani. 
The final decision to carry out or commute the executions rested with 
the Amir. By year's end, the Amir had not made a decision, and the 19 
remained in prison. The remaining 14 suspects' sentences of life 
imprisonment were upheld (see Section 1.e.).
    The law does not address forced exile and in the past the 
Government has used forced exile; however, there were no reported cases 
of forced exile during the year.

    e. Denial of Fair Public Trial.--Although the judiciary nominally 
is independent, most judges were foreign nationals holding residence 
permits granted by the civil authorities. All judges held their 
positions at the Government's discretion. Approximately 50 percent of 
the judges are citizens. The Amir appoints all judges for renewable 3-
year terms.
    Responsibility for the judiciary was shared among the bureaucracies 
of three ministries. Adlea (Civil Law) courts were subordinate to the 
Ministry of Justice, Shari'a (Islamic law) courts worked for the 
Ministry of Endowments and Islamic Affairs, and Prosecutors fell under 
the Ministry of Interior.
    The Adlea courts had jurisdiction in commercial, national security, 
all forms of trafficking (including drugs, contraband, and persons), 
and criminal matters. The Shari'a courts had jurisdiction in family, 
inheritance, deportation, wrongful injury, and most other civil cases. 
The law provides for the establishment of ad hoc state security courts. 
Although there have been no cases before these courts since the current 
Amir assumed power, they were not abolished formally by law and remain 
an option. Defendants tried by all courts had the right to appeal. The 
Appeals Court is the highest in the country.
    The Shari'a courts applied most principles contained in the draft 
Family Status Law, which covered marriage, inheritance, and juvenile 
matters, to cases under adjudication. Some provisions of the 
legislation continue to be debated. Shari'a trials usually were brief. 
Shari'a family law trials often were held without counsel; however, an 
increasing number of litigants, especially women, used lawyers to 
present their cases. After both parties stated their cases and examined 
witnesses, judges usually delivered a verdict after a short 
deliberation.
    Criminal cases normally were tried within 2 to 3 months after 
suspects were detained. Suspects were entitled to bail, except in cases 
of violent crime. Citizens or noncitizens were allowed to provide bail. 
Foreigners who were charged with minor crimes were permitted to be 
released to a citizen sponsor, although they were prohibited from 
departing the country until the case was resolved. Defendants in the 
civil courts had the right to be represented by defense attorneys.
    Both Muslim and non-Muslim litigants may request the Shari'a courts 
to assume jurisdiction in family, commercial, and civil cases. Trials 
in both the Adlea and the Shari'a courts were public, but the presiding 
judge can close the courtroom to the public if the case is deemed 
sensitive. Lawyers in the past did not play a formal role except to 
prepare litigants for their cases; however, an increasing number of 
litigants availed themselves of a lawyer to present their cases, 
particularly in divorce cases. In such cases, lawyers prepared the 
litigants and spoke for them during the hearing. Non-Arabic speakers 
were provided with interpreters. Defendants were entitled to legal 
representation throughout the trial and pretrial process.
    Foreign residents were disadvantaged in cases involving the 
performance of labor contracts.
    Defendants appeared before a judge for a preliminary hearing within 
4 days of their arrest. Judges may extend pretrial detention for 1 week 
at a time to allow the authorities to conduct investigations. Lengthy 
pretrial detention was not known to occur.
    After a public trial of persons arrested for involvement in the 
1996 coup attempt, in 2000 trial judges sentenced 33 defendants to life 
imprisonment. Nine of them were tried in absentia. Another 85 
defendants were acquitted on all charges. In 2001 the Appeals Court 
upheld the guilty verdicts and sentenced to death 19 of the 33 
convicted; the Amir had not made a decision by year's end whether to 
carry out or commute the death sentences (see Section 1.d.).
    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. Traditional 
attitudes of respect for the sanctity of the home and the privacy of 
women provided a great deal of protection against arbitrary intrusion 
for citizens and residents; there was no distinction between citizens 
and noncitizens. A warrant must be obtained before police may search a 
residence or business, except in cases involving national security or 
emergencies. Judicial authorities issued search warrants. There were no 
reports of unauthorized searches of homes during the year. The police 
and security forces were believed to monitor the telephone calls of 
suspected criminals, of those considered to be security risks, and of 
selected foreigners.
    Citizens must obtain government permission to marry foreigners and 
to apply for residence permits or citizenship for their spouses; such 
permission generally was granted.

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 imposed some 
restrictions on these rights in practice. There was no formal 
censorship of the media.
    Citizens expressed many of their views freely and in public. 
Although sensitive political and religious questions were off-limits, 
for many citizens there was little fear of government monitoring of 
their speech; however, the larger noncitizen population did not enjoy 
the same latitude and did not express itself freely and publicly. 
Unlike in previous years, there were no prosecutions for the expression 
of views considered offensive to the Government.
    While none of the five daily newspapers, three in Arabic and two in 
English, are state-owned, the owners or board members generally are 
either high-level government officials or have ties to government 
officials. Copies of foreign newspapers and magazines were censored for 
explicit sexual content. The law provides for criminal penalties and 
jail sentences for libel. All cases involving the media fall under the 
jurisdiction of the criminal courts. Journalists continued to practice 
self-censorship due to social and political pressures when reporting on 
government policies, the ruling family, and relations with neighboring 
states.
    Although personal criticism of government officials was rare, the 
performance of ministries was the subject of extensive reporting. 
During the year, the Minister of Health in particular faced substantial 
criticism in the press and from the Advisory Council for the poor 
performance of the public health and hospital systems. In 2001 the 
Ministry of Education sued one Arabic language newspaper for a critical 
report on public schools, but the case was dismissed when it came to 
trial.
    The Censorship Office in the Qatar Radio and Television Corporation 
reviewed materials for pornography and material deemed hostile to 
Islam. There were no reports of political censorship of foreign print 
or broadcast news media or foreign programs, but the Internet was 
censored for these reasons. Customs officials screened imported print 
media, videocassettes, and similar items for pornography, but no longer 
blocked the personal importation of non-Islamic religious items (see 
Section 2.c.).
    State-owned television and radio reflected government views, but 
the private satellite television network, Al-Jazeera Satellite Channel 
(JSC), provided an internationally oriented perspective that JSC and 
the Government both claimed to be free of government influence. 
Although it is privately owned, since its inception, the Government has 
paid some of Al-Jazeera's operating costs. Al-Jazeera's programs 
generally did not cover local news. Callers to a popular morning show 
on the state-owned radio frequently discussed topics such as government 
inefficiency and the lack of responsiveness by various ministries to 
citizens' needs, such as poor schools, failure to deliver adequate 
water and sewage services, and problems with the health care system.
    Approximately 80,000 residents now access the Internet, which was 
provided through the privatized telecommunications monopoly. During the 
year, Internet rates for Internet Service Providers (ISP) subscribers 
were reduced, and prepaid and dial-up access for non-subscribers was 
introduced, encouraging greater access to the Internet. Internet 
service was censored for political, religious, and pornographic content 
through a proxy server, which blocked Web sites containing certain key 
words and phrases. A user who believed that a site was censored 
mistakenly could submit the Web address to have the site reviewed for 
suitability.
    There was no legal provision or tradition of academic freedom, and 
instructors at the University exercised self-censorship.

    b. Freedom of Peaceful Assembly and Association.--The law does not 
provide for the freedom of assembly, and the Government severely 
limited it in practice. The Government generally did not allow 
political demonstrations; however, in April it permitted a peaceful 
demonstration during which approximately 3,000 persons protested the 
Israeli government's actions against Palestinians.
    The law does not provide for freedom of association, and the 
Government severely limited it in practice. The Government did not 
allow political parties or membership in international professional 
organizations critical of the Government or of any other Arab 
government. Private social, sport, trade, professional, and cultural 
societies must be registered with the Government; registration of such 
groups routinely was granted. Security forces monitored the activities 
of such groups.

    c. Freedom of Religion.--There is no legal protection for freedom 
of religion, and the Government officially prohibited public worship by 
non-Muslims; however, it permitted and protected private services.
    The state religion is Islam, as interpreted by the conservative 
Wahhabi order of the Sunni branch. While Shi'a Muslims practiced most 
aspects of Islam freely, they did not organize traditional Shi'a 
ceremonies or perform rites such as self-flagellation.
    The Government and ruling family are linked inextricably to Islam. 
The Ministry of Islamic Affairs controls the construction of mosques, 
the administration of clerical affairs, and Islamic education. The Amir 
participated in public prayers during both Eid holiday periods, and 
personally financed the Hajj journeys of poor pilgrims.
    Shi'a Muslims were well represented in the bureaucracy and business 
community, but there were no Shi'as employed in senior national 
security positions. Non-Muslims were not known to face governmental or 
societal discrimination or violence.
    Christian church officials continued to press the Government for 
authorization to construct churches. The Government designated plots 
for the Catholic, Anglican, Coptic, and other Christian communities on 
land set aside for the construction of churches, but had not issued 
building permits by year's end. In the past, the Government has raised 
concerns that rapid progress may provoke criticism among more 
conservative critics. In November the Government established diplomatic 
relations with the Vatican.
    Non-Muslims may not proselytize, and the Government officially 
prohibits public worship by non-Muslims. However, it did permit and 
protect private services. Converting from Islam is considered apostasy, 
and is technically a capital offense; however, since 1971 there have 
been no records of execution for such a crime.
    The Government did not permit Hindus, Buddhists, or other 
polytheistic religions to operate as freely as Christian congregations. 
However, there was no official effort to harass or hamper adherents of 
these faiths in the private practice of their religion. There were no 
reliable estimates of the number of non-Muslims in the country.
    The Government formally prohibited the publication, importation, 
and distribution of non-Islamic religious literature; however, in 
practice individuals generally were not prevented from importing Bibles 
and other religious items for personal use. Religious materials for use 
at Christmas and Easter were available readily in local shops. However, 
Bibles were not available in Arabic.
    Islamic instruction was compulsory in public schools. While there 
were no restrictions on non-Muslims providing private religious 
instruction for children, most foreign children attended secular 
private schools.
    Both Muslim and non-Muslim litigants may request Shari'a courts to 
assume jurisdiction in commercial or civil cases.
    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, with some notable 
exceptions. There were no restrictions on internal travel, except 
around sensitive military and oil installations. In general, women did 
not require permission from male guardians to travel; however, men may 
prevent female relatives and children from leaving the country by 
providing their names to immigration officers at ports of departure. 
Technically women employed by the Government must obtain official 
permission to travel abroad when requesting leave, but the extent to 
which this regulation was enforced was not known. Citizens critical of 
the Government sometimes faced restrictions on their right to travel 
abroad.
    All citizens have the right to return. Foreigners were subject to 
immigration restrictions designed to control the size of the local 
labor force. Foreign workers must have the permission of their sponsor 
employer to enter and depart the country (see Sections 6.c. and 6.d.), 
but their dependents may leave the country without restriction. Foreign 
women who are married to citizens were granted residence permits and 
may apply for citizenship; however, they were expected to relinquish 
their foreign citizenship.
    The Government has not formulated a formal policy regarding 
refugees, asylees, or first asylum. Those attempting to enter the 
country illegally, including persons seeking asylum from nearby 
countries, were refused entry. Asylum seekers who were able to obtain 
local sponsorship or employment were allowed to enter and may remain as 
long as they are employed.
    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 or the 
political system peacefully. The political institutions combine the 
characteristics of a traditional Bedouin tribal state and a modern 
bureaucracy. Under the amended Provisional Constitution, the Amir must 
be chosen from and by the adult males of the Al-Thani family. The 
Government did not permit political parties or organized opposition 
groups.
    The Amir exercises most executive and legislative powers, including 
appointment of cabinet members. In 1999 citizens elected a 29-member 
Central Municipal Council. For the first time, men and women aged 18 
and older were permitted both to vote and to run as candidates in free 
and fair elections. The Council is a nonpartisan body that addressed 
local issues such as street repair, green space, trash collection, and 
public works projects. Its role is to advise the Minister of Municipal 
Affairs and Agriculture. The Council does not have the authority to 
change policy.
    In 1998 the Amir announced the formation of a committee to draft a 
permanent constitution that would provide for parliamentary elections. 
The constitutional committee was inaugurated in 1999 and included 36 
government officials, academics, and prominent business leaders. In 
addition to subcommittees on the legislature, executive, and judiciary, 
it included a subcommittee on human rights. In July the committee 
completed its work and submitted a draft constitution to the Amir.
    Impediments that prevented or hindered women from participating in 
politics included lack of experience and role models, and the 
traditional society, in which women are expected to be mothers and 
caretakers. The highest-ranking women in official positions were the 
Undersecretary of Education and the Vice-President of the University. 
There were no women on the elected Municipal Council. The Amir's 
sister, Sheikha Hessa al Thani, Vice President of the Supreme Council 
of Family Affairs, was given the title of Minister.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government does not permit independent local human rights 
organizations to exist. However, on November 11, the Amir announced the 
establishment of a National Committee for Human Rights, to be composed 
of representatives drawn from both government ministries and civil 
society. The Committee was charged with investigating human rights 
violations and improving local human rights conditions. By year's end, 
members had not been named and the Committee had not yet met.
    No international human rights organizations were known to have 
requested to investigate conditions in the country during the year. 
However, Amnesty International and foreign embassies were invited to 
send observers to sessions of the public trial of those accused in the 
1996 coup attempt. Foreign observers attended the trial sessions held 
in 2001.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The law prohibits discrimination in the workplace; however, 
institutional, cultural, and legal discrimination based on gender, 
race, and social status existed.

    Women.--According to Shari'a, all forms of physical abuse are 
illegal. The maximum penalty for rape is death. Shari'a provides for no 
punishment for spousal rape. According to a local nongovernmental 
organization (NGO) on family issues, domestic violence against women 
occurred, but was not widespread. The police investigated reports of 
violence against women. In the past few years, the Government has 
demonstrated an increased willingness to make arrests in cases of 
domestic violence, whether against citizens or foreigners. However, 
offenders who are citizens usually received lighter punishments than 
did foreigners. During the year, there were no publicized arrests or 
convictions for domestic violence.
    Some employers mistreated some foreign domestic servants, 
especially those from South Asia and the Philippines. In most cases, 
the mistreatment involved nonpayment or late payment of wages, but also 
included rape and physical abuse (see Section 6.e.). Foreign embassies 
provided shelter for maids who left their employers as a result of 
abuse or disputes. Abused domestic servants usually did not press 
charges for fear of losing their jobs.
    The legal system allows leniency for a man found guilty of 
committing a ``crime of honor,'' a euphemism that refers to a violent 
assault against a woman for perceived immodesty or defiant behavior; 
however, such honor killings are rare and none received public 
attention during the year.
    The activities of women were restricted closely both by law and 
tradition. For example, women were prohibited from applying for 
driver's licenses unless they had permission from a male guardian. This 
restriction did not apply to noncitizen women. The Government adhered 
to Shari'a as practiced in the country in matters of inheritance and 
child custody. Muslim wives have the right to inherit from their 
husbands. However, they inherit only one-half as much as male 
relatives. Non-Muslim wives inherit nothing, unless a special exception 
is arranged. In cases of divorce, Shari'a is followed; younger children 
remain with the mother and older children with the father. Both parents 
retain permanent rights of visitation. However, local authorities did 
not allow a noncitizen parent to take his or her child out of the 
country without permission of the citizen parent. Women may attend 
court proceedings but generally are represented by a male relative; 
however, women may represent themselves. According to Shari'a, the 
testimony of two women equals that of one man, but the courts routinely 
interpret this on a case-by-case basis. A non-Muslim woman is not 
required to convert to Islam upon marriage to a Muslim; however, many 
make a personal decision to do so. A noncitizen woman is not required 
to become a citizen upon marriage to a citizen. Children born to a 
Muslim father are considered to be Muslim.
    The legal system follows Shari'a law in matters of inheritance and 
child custody. Muslims have the automatic right to inherit from their 
spouses; however non-Muslim spouses (invariably wives, since Muslim 
women cannot legally marry non-Muslims) do not inherit unless their 
spouse formally wills them a portion (up to one third of the total) of 
their estates. Muslim wives have the right to inherit from their 
husbands. However, they inherit only one-half as much as male 
relatives. In cases of divorce, young children usually remain with the 
mother, whatever her religion. However, the Government did not allow 
noncitizen parents, even if they have custody of their children, to 
take them out of the country without the permission of the citizen 
parent, which effectively discriminated against non-Muslim parents.
    Professional opportunities for women increased. Many serve as 
senior professionals in government service, education, health, and 
private business. Women made up 14 percent of the overall workforce, 
and 26 percent of the local national workforce, including as university 
professors, public school teachers, and police. Women appeared to 
receive equal pay for equal work; however, they often did not receive 
equal allowances. These allowances generally covered transportation and 
housing costs.
    Although women legally were able to travel abroad alone (see 
Section 2.d.), tradition and social pressures caused most to travel 
with male escorts. There also have been complaints that citizen 
husbands took their foreign spouses' passports and, without prior 
approval, turned them in for local citizenship documents. The husbands 
then informed their wives that the wives had lost their former 
citizenship. In other cases, foreign wives have reported being 
forbidden by their husbands or in-laws to visit or to contact foreign 
embassies.
    The Government actively supported women's education. Females 
constituted approximately two-thirds of the student body at the 
University. Increasingly women received government scholarships to 
pursue degrees at foreign universities.
    There were no independent women's rights organizations, nor has the 
Government permitted the establishment of such organizations. The 
Supreme Council for Family Affairs sought to improve the status of 
women and the family under both civil and Islamic law. During the year, 
the Council sponsored a symposium designed to increase women's 
participation in political affairs, including the upcoming elections.

    Children.--The Government demonstrated its commitment to citizens' 
children's rights through a well-funded, free public education system 
(elementary through university) and a complete medical protection 
program. Education was compulsory for citizens (both boys and girls) 
through the age of 18. Education through primary school (the equivalent 
of 9th grade) was compulsory and free for all noncitizen resident 
children. Medical coverage for noncitizen children was limited.
    There was no societal pattern of abuse of children, apart from the 
trafficked, juvenile camel jockeys, which was a problem (see Sections 
6.c., 6.d., and 6.f.).
    The Supreme Council for Family Affairs, in collaboration with the 
Ministry of Interior, set up a hotline called the Friendly Line for use 
by children. The system allowed both citizen and noncitizen children to 
call in with questions and concerns ranging from school, health, and 
psychological problems to concerns about sexual harassment.

    Persons with Disabilities.--The law does not address the question 
of discrimination against persons with disabilities. The Government did 
not enact legislation or otherwise mandate provision of accessibility 
for persons with disabilities, who also face societal discrimination. 
The Government maintained a hospital and schools that provide high-
quality, free services to persons, including noncitizens, with mental 
and physical disabilities.

    National/Racial/Ethnic Minorities.--The Government discriminated 
based on nationality in the areas of employment, education, housing, 
and health services. Noncitizens did not receive the same benefits as 
citizens. They were required to pay for health care, electricity, 
water, and education (services that were provided free of charge to 
citizens) and were not permitted to own property. The largest 
nationality groups among noncitizens were Indian, Pakistani, and 
Iranian nationals, and Arab nationals of other countries. In the 
private sector, many citizens of Iranian origin occupied some of the 
highest positions.

Section 6. Worker Rights

    a. The Right of Association.--The law prohibits all workers, 
including foreigners, from forming labor unions. The law provides for 
the establishment of joint consultative committees composed of 
representatives of the employer and workers. The right of association 
was limited strictly. The committees did not discuss wages but 
considered issues such as organization, productivity, conditions of 
employment, training of workers, and safety measures and their 
implementation.
    Since 1995 the country has been suspended from the U.S. Overseas 
Private Investment Corporation (OPIC) insurance programs because of the 
Government's lack of compliance with internationally recognized worker 
rights standards.

    b. The Right to Organize and Bargain Collectively.--Workers were 
prohibited from engaging in collective bargaining. Wages were set 
unilaterally by employers without government involvement. Local courts 
handled disputes between workers and employers; however, foreign 
workers tended to avoid drawing attention to their problems with their 
employers for fear of being repatriated at the request of their 
employer.
    The law provides most workers with the right to strike, but only 
after their particular grievance has been ruled on by the Labor 
Department of the Ministry of Civil Service. Employers may close a 
place of work or dismiss employees once the Department has heard a 
complaint. The Department widely was perceived to be objective, within 
a narrow mandate dealing with the nonpayment of wages and poor living 
conditions. It did not consider wage levels that were set by employers 
unilaterally in the absence of labor unions.
    Although it was government policy to assist laborers seeking 
payment of late salaries due (usually through the Labor Department), 
small groups of laborers (10 to 20) resorted to illegal work stoppages 
to force payment of arrears. In 2001 1,500 employees of a local 
construction company went on strike to force payment of their wages. 
After management did not honor an initial settlement brokered by the 
Labor Department, employees struck again during the year, forcing 
immediate payment of 1 month's back wages and a new commitment to 
settle outstanding arrears. Also during the year, another case involved 
850 employees of a construction firm in which management did not 
implement a settlement to pay back wages, leading to Labor Department 
intervention and a new commitment from management to pay wages owed.
    The right to strike did not exist for government employees, 
domestic servants, or members of the employer's family. No worker in a 
public utility, health, or security service may strike if it would harm 
the public or lead to property damage.
    Strikes remained frequent during the year. The Labor Department 
claimed that it resolved the vast majority of worker complaints 
amicably, with a very small percentage referred to the courts for 
judgment.
    There were no export processing zones.

    c. Prohibition of Forced or Bonded Labor.--The law prohibits forced 
or bonded labor, including by children; however, foreign workers in 
some cases were employed under circumstances that constituted forced 
labor. Three-quarters of the workforce were foreign workers who, 
dependent on a single employer for residency rights, were vulnerable to 
abuse. For example, employers must give consent before exit permits are 
issued to any foreign employee seeking to leave the country. Some 
employers temporarily withheld this consent to force foreign employees 
to work for longer periods than they wished. In extreme cases, 
employers deported employees at the end of their contract in order to 
avoid paying them the lawfully mandated end-of-service bonus. Unskilled 
workers and domestic servants were particularly vulnerable to 
nonpayment or late payment of wages.
    Very young boys were used as jockeys in camel races (see Section 
6.f.).

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law provides that minors between the ages of 15 and 18 
may be employed with the approval of their parents or guardians, and 
some children work in small, family-owned businesses. Minors may not 
work more than 6 hours a day or more than 36 hours a week. Employers 
must provide the Labor Department with the names and occupations of 
their minor employees. Employers also must obtain permission from the 
Ministry of Education to hire a minor. The Department may prohibit the 
employment of minors in jobs that are judged dangerous to the health, 
safety, or morals of minors. Child labor occurred. Very young children, 
usually of African or South Asian background, were employed as jockeys 
in camel races (see Section 6.f.).
    The law prohibits forced and bonded labor by children and generally 
enforced this prohibition effectively with respect to citizen but not 
noncitizen children (see Section 6.c.).

    e. Acceptable Conditions of Work.--Although the law provides the 
Amir with authority to set one, there was no minimum wage,. The average 
wage provided a decent standard of living for a worker and family. 
According to Planning Council statistics, the average monthly wage in 
2001 was $795 (2,902 riyals). The law prescribes a 48-hour workweek 
with a 24-hour rest period, although most government offices followed a 
36-hours-per-week work schedule. Employees who worked more than 48 
hours per week, or 36 hours per week during the Muslim month of 
Ramadan, were entitled to overtime pay. This law was adhered to in 
government offices and major private sector companies. It was not 
observed with respect to unskilled laborers and domestic and personal 
employees, all of whom, with scant exception, were foreigners. Many 
such workers frequently worked 7 days per week, and more than 12 hours 
per day with few or no holidays, no overtime pay, and no effective way 
to redress grievances.
    The Government has enacted regulations regarding worker safety, but 
enforcement, which is the responsibility of the Ministry of Energy and 
Industry, was lax. The Department of Public Safety oversaw safety 
training and conditions, and the state-run petroleum company had its 
own safety standards and procedures. The law listed partial and 
permanent disabilities for which compensation may be awarded, some 
connected with handling chemicals and petroleum products or 
construction injuries. The law does not specifically set rates of 
payment and compensation. Workers who suffered work-related sickness or 
injuries received free medical treatment provided by the Government. 
The law does not provide workers specifically the right to remove 
themselves from hazardous work conditions, and workers often hesitated 
to remove themselves from hazardous work conditions because of fear of 
dismissal.
    Foreign workers may enter the country on a visitor's visa, but a 
sponsor then is needed to convert the visitor's visa to a work visa and 
the worker must have his sponsor's permission to depart the country. 
The Government has also penalized citizen employers who severely 
violated residence and sponsorship laws by prohibiting them from 
importing labor until they rectified the situation. The law provides 
any worker with the right to seek legal relief from onerous work 
conditions; however, domestic servants generally did not pursue such 
relief in order to avoid repatriation. Employers mistreated some 
foreign domestic servants. Such mistreatment generally involved the 
nonpayment or late payment of wages; in some cases it involved rape and 
physical abuse (see Section 5).

    f. Trafficking in Persons.--The law prohibits prostitution and 
trafficking in persons; however, there have been reports that both 
children and women were trafficked to the country.
    Children aged 4 to 15, mostly of African, Pakistani, and 
Bangladeshi origin, were used as jockeys in camel races. Guardians and 
handlers, who often posed as parents, brought the children into the 
country and supervised their training. They lived in difficult 
conditions and trained on a daily basis to become riders.
    The country also was a destination for trafficked women and girls. 
Women from East Asia, South Asia, and Africa traveled to the country to 
work as domestic servants, and some have reported being forced into 
domestic servitude and sexual exploitation. The Government provided 
assistance to domestics who have suffered from abuse in the form of 
payment of back wages and repatriation.
    The Government did not investigate or prosecute traffickers 
actively. The Government repatriated victims of trafficking upon 
discovering their presence and did not provide assistance to victims. 
It did not support public awareness campaigns regarding the problem of 
trafficking of women and girls.
    In 2000 a national campaign was undertaken to set the minimum age 
of 15 and minimum weight of 100 pounds for camel jockeys. In 2001 the 
Government introduced new safety measures including the use of helmets 
and safety belts, and opened a school and health center for the riders. 
During the year, however, the minimum weight only was raised from 48.4 
to 50.6 pounds.
                               __________

                              SAUDI ARABIA

    Saudi Arabia is a monarchy without elected representative 
institutions or political parties. It is ruled by King Fahd bin Abd Al-
Aziz Al Saud, a son of King Abd Al-Aziz Al Saud, who unified the 
country in the early 20th century. A 1992 royal decree reserved for the 
King exclusive power to name the Crown Prince. Since the death of King 
Abd Al-Aziz, the King and Crown Prince have been chosen from among his 
sons. Crown Prince Abdullah has played an increasing role in governance 
since King Fahd suffered a stroke in 1995. The Government has declared 
the Islamic holy book the Koran and the Sunna (tradition) of the 
Prophet Muhammad to be the country's Constitution. The Government bases 
its legitimacy on governance according to the precepts of a rigorously 
conservative form of Islam. Neither the Government nor the society in 
general accepted the concept of separation of religion and state. The 
Government prohibited the establishment of political parties and 
suppressed opposition views. In 1992 King Fahd appointed a Consultative 
Council, or Majlis Ash-Shura, and similar provincial assemblies. The 
Majlis, an increasingly influential appointed consultative body, began 
holding sessions in 1993 and was expanded first in 1997 and again in 
2001. The judiciary, though subject to influence by government 
officials, was reportedly becoming slightly more independent.
    The Government maintained control of the various security forces. 
Police and border forces under the Ministry of Interior were 
responsible for internal security. Also subordinate to the Ministry of 
Interior were the Mubahith, or internal security force, and the elite 
special forces. The Committee to Prevent Vice and Promote Virtue, whose 
agents commonly were known as Mutawwa'in, or religious police, was a 
semiautonomous agency that enforced adherence to Islamic norms by 
monitoring public behavior. The Crown Prince controlled the National 
Guard. The Deputy Prime Minister and Minister of Defense and Aviation, 
Prince Sultan, was responsible for all the military forces. Members of 
the security forces committed serious human rights abuses.
    The population was approximately 22.1 million. The oil industry was 
the basis of the transformation of the country from a pastoral, 
agricultural, and trading society to a rapidly urbanizing one, 
characterized by large-scale infrastructure projects, an extensive 
social welfare system, and a labor market comprised largely of foreign 
workers. Oil and gas revenues accounted for approximately 35 to 40 
percent of the gross domestic product (GDP) and 75 percent of 
government income. Agriculture accounted for approximately 6 percent of 
GDP. Government spending accounted for 37 percent of GDP. Approximately 
40 percent of the economy was nominally private, and the Government was 
promoting further privatization of the economy. Since 1995 the 
Government has aggressively campaigned to increase the number of 
citizens in the public and private work forces.
    The Government's human rights record remained poor; although there 
were some improvements in a few areas, serious problems remained. 
Citizens did not have the right or the legal means to change their 
government. Security forces continued to abuse detainees and prisoners, 
arbitrarily arrest and detain persons, and hold them in incommunicado 
detention. Security forces committed torture. In 2001 the Council of 
Ministers approved a new law regarding punitive measures that would 
forbid harming detainees and to allow those accused of crimes to hire a 
lawyer or legal agent. On May 1, the new Saudi Criminal Procedural Law 
went into effect. Prolonged detention without charge was a problem. 
Security forces committed such abuses, in contradiction to the law, but 
with the acquiescence of the Government. The Mutawwa'in continued to 
intimidate, abuse, and detain citizens and foreigners. Most trials were 
closed, and defendants usually appeared before judges without legal 
counsel. The Government infringed on citizens' privacy rights. The 
Government prohibited or restricted freedom of speech, the press, 
assembly, association, religion, and movement. However, during the 
year, the Government continued to tolerate a wider range of debate and 
criticism in the press concerning domestic issues. Discrimination and 
violence against women, discrimination against ethnic and religious 
minorities, and strict limitations on worker rights continued.
    The Government viewed its interpretation of Islamic law as its sole 
source of guidance on human rights and disagreed with internationally 
accepted definitions of human rights. However, in the past and during 
the year, the Government initiated limited measures to participate in 
international human rights activities, such as its welcome in October 
of the visit of the U.N. Human Rights envoy following the Government's 
implementation in May of its new bill of rights Criminal Procedure 
Code, which the Government claimed would address some of its 
obligations under the Convention Against Torture or Other Cruel, 
Inhuman, or Degrading Treatment or Punishment.

                        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 executed persons for criminal offenses after closed 
trials in which forced confessions were common. A few procedural 
safeguards were provided through the new Criminal Procedural Law, 
though there was little evidence of its actual implementation (see 
Sections 1.c. and 1.e.).

    b. Disappearance.--There were no reports of politically motivated 
disappearances.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Shar'ia (Islamic law) prohibits any judge from accepting a 
confession obtained under duress; however, there were credible reports 
that the authorities abused detainees, both citizens and foreigners. 
Ministry of Interior officials were responsible for most incidents of 
abuse of prisoners, including beatings, whippings, sleep deprivation, 
and at least three cases of drugging of foreign prisoners. In addition, 
there were allegations of torture, including allegations of beatings 
with sticks, suspension from bars by handcuffs, and threats against 
family members. Torture and abuse were used to obtain required 
confessions from prisoners (see Section 1.e.). There were reports that 
in detention centers some boys and young men were flogged, forced 
constantly to lie on hard floors, deprived of sleep, and threatened 
with whipping and other abuse.
    The Government has refused to recognize the mandate of the U.N. 
Committee Against Torture to investigate alleged abuses, although it 
has invited the committee to visit the country. However, the Government 
has pledged to cooperate with U.N. human rights mechanisms and 
announced in 2000 the establishment of a committee to investigate 
allegations of torture pursuant to its obligations under the Convention 
Against Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment (see Section 4). At year's end, there was no indication that 
the committee had begun functioning.
    In October the Government welcomed the visit of the U.N. Special 
Rapporteur on the independence of judges and lawyers, the first ever 
from the U.N. Commission for Human Rights, and allowed the U.N. Human 
Rights lawyer and his team to examine its criminal and civil laws, 
courts, and prisons. The Government's past failure to criticize human 
rights abuses has contributed to the public perception that security 
forces may commit abuses with impunity.
    The Mutawwa'in continued to intimidate, harass, abuse, and detain 
citizens and foreigners of both sexes. They also brought citizens to 
police for detention. Throughout the year, both citizens and foreigners 
reported incidents of intimidation, harassment, and detention by the 
Mutawwa'in (see Sections 1.d. and 1.f.).
    The Government punished criminals according to its interpretation 
of Shari'a. Punishments included flogging, amputation, and execution by 
beheading, stoning, or firing squad. At year's end, authorities 
acknowledged 43 executions, significantly lower than the 81 in the 
previous year. Executions were for killing, narcotics-related offenses, 
rape, and armed robbery. In accordance with Shari'a, the authorities 
may punish repeated thievery and other repeated offenses by amputation 
of the right hand and left foot. Persons convicted of political or 
religious crimes reportedly were flogged with a leather strap. Persons 
convicted of less serious offenses, such as alcohol-related offenses or 
being alone in the company of an unrelated person of the opposite sex, 
sometimes were punished by caning.
    Prison and jail conditions varied. Prisons reportedly generally met 
internationally accepted standards and allegedly provided air-
conditioned cells, good nutrition, regular exercise, and careful 
patrolling by prison guards. In October the Government received the 
U.N. Special Rapporteur on the independence of judges and lawyers and 
allowed him access to prisons. During his visit, the Government again 
publicized its intention to form a human rights committee, though no 
details were forthcoming at year's end. Some police stations, 
deportation centers, and jails, nonetheless, were overcrowded, 
unsanitary, and not air-conditioned. Authorities generally allowed 
family members access to detainees, but in some cases only after 
holding detainees for a significant period of time.
    In 1992 King Fahd established regional Boards of Investigation and 
Public Prosecution. The members of these boards had the right to 
inspect prisons, review prisoners' files, and hear their complaints. 
However, the Government did not yet permit NGO human rights monitors to 
visit prisons or jails.
    Representatives of the U.N. High Commissioner for Refugees (UNHCR) 
were present at the Rafha refugee camp, which houses former Iraqi 
prisoners of war and civilians who fled Iraq following the Gulf War. 
According to UNHCR officials, there was no systematic abuse of refugees 
by camp guards. When isolated instances of abuse surfaced in the past, 
the authorities were responsive and willing to investigate allegations 
and reprimand or remove offending guards. The camp received a high 
level of material assistance and was generally comfortable and well 
run. The Government previously confined refugees to the camp, except in 
the event of approved emigration (see Section 2.d.); however, during 
the year, refugees were permitted to visit the town of Rafha to shop. 
During the year, the Government began working with the UNHCR to make 
arrangements for Rafha refugees to gain employment in the Rafha area.

    d. Arbitrary Arrest, Detention, or Exile.--The law prohibits 
arbitrary arrest and detention; however, the authorities at times 
arrested and detained persons without following explicit legal 
guidelines. The Mutawwa'in generally were free to intimidate and bring 
to police stations persons whom they accused of committing ``crimes of 
vice'' based on their own religious interpretations. There were few 
existing formal procedures to safeguard against abuse, although the 
Government claimed that it punished individual officers who violate 
regulations. There have been few publicized cases of citizens 
successfully obtaining judicial redress for abuse of the Government's 
power of arrest and detention. In February the press reported that at 
least one Court of Grievances ordered the police department in Jeddah 
to pay compensation to one Arab expatriate for detaining him illegally 
for 2 months.
    According to regulation, authorities may not detain suspects for 
longer than 3 days before charging them. However, serious exceptions 
have been reported. In practice persons were held weeks or months and 
sometimes longer. The regulations also provided for bail for less 
serious crimes, although authorities at times released detainees on the 
recognizance of a patron or sponsoring employer without the payment of 
bail. If they were not released, authorities typically detained accused 
persons for an average of 2 months before sending the case to trial or, 
in the case of some foreigners, summarily deporting them. There were no 
established procedures providing detainees the right to inform their 
family of their arrest.
    The Mutawwa'in have the authority to detain persons for no more 
than 24 hours for violations of the strict standards of proper dress 
and behavior. In the past, they sometimes exceeded this limit before 
delivering detainees to the police (see Section 1.f.). Mutawwa'in 
reportedly in practice handed over detainees to police within the 24-
hour period; however, in some cases police held prisoners for longer 
periods, depending on the offense. Procedures required a police officer 
to accompany the Mutawwa'in at the time of an arrest. Mutawwa'in 
generally complied with this requirement. During the year, in the more 
conservative Riyadh district, reports continued of Mutawwa'in 
accosting, abusing, arresting, and detaining persons alleged to have 
violated dress and behavior standards.
    The Mutawwa'in reportedly detained young men for offenses that 
included eating in restaurants with young women, making lewd remarks to 
women in the shopping malls, or walking in groups through family-only 
sections of shopping centers. Women of many nationalities were detained 
for actions such as riding in a taxi with a man who was not their 
relative, appearing with their heads uncovered in shopping malls, and 
eating in restaurants with males who were not their relatives. Many 
such prisoners were held for days, sometimes weeks, without officials 
notifying their families or, in the case of foreigners, their 
embassies.
    The Government continued to detain Christians, at times for holding 
services and at times apparently arbitrarily (see Section 2.c.).
    During the year, the Government reportedly detained a number of 
Shi'a sheikhs (religious leaders)(see Section 2.c.).
    Early in the year, the Government arrested six leaders of the 
Ismaili Shi'ite sect in Najran. They continued to be detained along 
with a reported 93 others held since the protests there. On December 3, 
King Fahd commuted the death penalty for 17 citizens arrested during 
the Najran riots to 10 years in prison and lowered the sentence from 10 
to 5 years for many of the others arrested. On December 24, the 
Government released an elderly Ismaili religious leader, Hajj Mohammed 
Al-Saadi, held in a maximum security prison since the riots in 2000. He 
was among those whose sentences were reduced in the King's Ramadan 
pardon in early December.
    Political detainees who are arrested by the General Directorate of 
Investigation (GDI), the Ministry of Interior's security service 
(Mubahith), commonly were held incommunicado in special prisons during 
the initial phase of an investigation, which may last weeks or months. 
The GDI allowed the detainees only limited contact with their families 
or lawyers.
    The authorities may detain without charge persons who publicly 
criticize the Government, or may charge them with attempting to 
destabilize the Government (see Sections 2.a. and 3). In late January, 
in celebration of King Fahd's 20 years of rule and the holy month of 
Ramadan, the Minister of Interior announced the release of 13,768 
prisoners serving time for minor offenses, including 8,905 citizens and 
4,863 foreigners.
    The Government continued to commit abuses against members of the 
Shi'a minority. The Government reportedly continued to detain an 
unknown number of Shi'a who were arrested in the aftermath of the 1996 
Al-Khobar bombing. Government security forces reportedly arrested Shi'a 
based on the smallest suspicion, held them in custody for lengthy 
periods, and then released them without explanation. In February the 
Government released Sheikh Al-Ghanim after detention for nearly 2 
years; however, 16 Shi'a remained in prison at year's end.
    During the year, the Public Security Department in Jeddah announced 
its commitment to discourage abuse by security forces through the 
establishment of hotlines (including telephone and fax numbers and an 
e-mail address) for use by the general public. These new hotlines will 
allow the public the opportunity to complain about any breach of law by 
security personnel and to report abuse by police officers. The director 
of Public Security in Jeddah said a special task force had been set up 
in the department to act on complaints and proposals from the public. 
The Jeddah Public Security Department also promised to compensate all 
proven violations made by security personnel against any citizen or 
expatriate.
    There was no reliable information about the total number of 
political detainees.
    The Government did not use forced exile; however, it previously has 
revoked the citizenship of opponents of the Government who reside 
outside the country (see Section 3).

    e. Denial of Fair Public Trial.--The independence of the judiciary 
is prescribed by law and was generally respected in practice; however, 
judges occasionally acceded to the influence of the executive branch, 
high-ranking members of the royal family and their associates, who were 
not required to appear before the courts. Judges are appointed by the 
Justice Ministry and confirmed by the Royal Diwan (Royal Court). The 
Ministry exercised judicial, financial, and administrative control of 
the courts. The Supreme Judicial Council, whose members appointed by 
the King, may discipline or remove judges.
    The legal system is based on Shari'a. Shari'a courts exercise 
jurisdiction over common criminal cases and civil suits regarding 
marriage, divorce, child custody, and inheritance. Such jurisdiction 
extends to non-Muslims for crimes committed in the country. Shari'a 
courts base judgments largely on their interpretation of the Koran and 
the Sunna. Cases involving relatively small penalties were tried in 
Shari'a summary courts. More serious crimes were adjudicated in Shari'a 
courts of common pleas. Appeals from Shari'a courts were made to the 
courts of appeal.
    Other civil proceedings, including those involving claims against 
the Government and enforcement of foreign judgments, were held before 
specialized administrative tribunals, such as the Commission for the 
Settlement of Labor Disputes and the Board of Grievances.
    The Government permitted Shi'a Muslims to use their own legal 
tradition to adjudicate noncriminal cases within their community. There 
was no comparable right for non-Muslims or foreigners, whose cases were 
handled in regular Shari'a courts.
    The military justice system has jurisdiction over uniformed 
personnel and civil servants that are charged with violations of 
military regulations. The Minister of Defense and Aviation and the King 
review the decisions of courts-martial.
    The Supreme Judicial Council is not a court and may not reverse 
decisions made by a court of appeals. However, the Council may review 
lower court decisions and refer them back to the lower court for 
reconsideration.
    The Council of Senior Religious Scholars is an autonomous body of 
20 senior religious jurists, including the Minister of Justice. It 
establishes the legal principles to guide lower-court judges in 
deciding cases.
    On May 1, the November 2001 Saudi Criminal Procedural Law, went 
into effect. Reported by the press as a bill of rights, the 225-article 
law reportedly was part of a plan to restructure court procedures. The 
approval of the bill followed the Government's decision to allow 
persons under investigation the right to a lawyer and to permit lawyers 
to present arguments in criminal courts. In May, following the 
announcement of the new law's implementation, the Justice Minister 
issued a public statement announcing his instructions to courts and 
judges to inform convicts of their right to appeal rulings. According 
to knowledgeable attorneys there is no evidence yet of the law's 
implementation.
    There were reports during the year that the authorities tortured 
detainees and pressured them to confess by isolation, blindfolding, and 
drugging over a period of weeks.
    A woman's testimony does not carry the same weight as that of a 
man. In a Shari'a court, the testimony of one man equals that of two 
women.
    Female parties to court proceedings such as divorce and family law 
cases generally must deputize male relatives to speak on their behalf. 
In the absence of two witnesses, or four witnesses in the case of 
adultery, confessions before a judge almost always were required for 
criminal conviction--a situation that repeatedly has led prosecuting 
authorities to coerce confessions from suspects by threats and abuse 
(see Section 1.c.).
    Sentencing was not uniform. Laws and regulations state that 
defendants should be treated equally; however, under Shari'a as 
interpreted and applied in the country, crimes against Muslims received 
harsher penalties than those against non-Muslims. In the case of 
wrongful death, the amount of indemnity or ``blood money'' awarded to 
relatives varied with the nationality, religion, age, and sex of the 
victim. A sentence may be changed at any stage of review, except for 
punishments stipulated by the Koran.
    Provincial governors have the authority to exercise leniency and 
reduce a judge's sentence. In general members of the royal family and 
other powerful families were not subject to the same rule of law as 
ordinary citizens. For example, judges did not have the power to issue 
a warrant summoning any member of the royal family.
    The King and his advisors reviewed cases involving capital 
punishment. The King has the authority to commute death sentences and 
grant pardons, except for capital crimes committed against individuals. 
In such cases, he may request the victim's next of kin to pardon the 
killer--usually in return for compensation from the family or the King.
    There was insufficient information to determine the number of 
political prisoners. The Government did not provide information 
regarding such persons or respond to inquiries about them. It did not 
allow access to political prisoners by international humanitarian 
organizations. Moreover, the Government conducted closed trials for 
persons who may have been political prisoners and in other cases has 
detained persons incommunicado for long periods while under 
investigation. Amnesty International previously estimated the number of 
political prisoners to be between 100 and 200; however, there were no 
current or reliable figures available.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The sanctity of family life and the inviolability of 
the home are among the most fundamental of Islamic precepts. The 
Government infringed on these rights. Royal decrees include provisions 
calling for the Government to defend the home from unlawful intrusions, 
while laws and regulations prohibit officials from intercepting mail 
and electronic communication except when necessary during criminal 
investigations. Nonetheless, there were few procedural safeguards 
against government interference with privacy, family, home, or 
correspondence.
    The police generally must demonstrate reasonable cause and obtain 
permission from the provincial governor before searching a private 
home; however, warrants are not required by law.
    Customs officials routinely opened mail and shipments to search for 
contraband, including material deemed pornographic and non-Muslim 
religious material. Customs officials confiscated or censored materials 
considered offensive, including Christian Bibles and religious 
videotapes (see Section 2.c.). The authorities also opened mail and 
used informants and wiretaps in internal security and criminal matters. 
Security forces used wiretaps against foreigners suspected of alcohol-
related offenses. Informants and an informal system of ward bosses in 
some districts reported ``seditious ideas,'' antigovernment activity, 
or behavior contrary to Islam in their neighborhoods to the Ministry of 
the Interior.
    The Government enforced most social and Islamic religious norms, 
the Government's interpretation of which are matters of law (see 
Section 5). Women may not marry noncitizens without government 
permission; men must obtain government permission to marry noncitizen 
women outside the six states of the Gulf Cooperation Council. In 
accordance with Shari'a, women are prohibited from marrying non-
Muslims; men may marry Christians and Jews, as well as Muslims. 
Marriages between Sunni and Shi'a citizens were discouraged, and any 
such marriages generally were made formal officiated in ceremonies in 
the neighboring country of Bahrain.
    In March the Government announced new restrictions against citizens 
marrying foreigners. The Council of Ministers passed a law barring top 
civil servants and security officials from marrying foreigners without 
permission from the King. The list included ministers, judges, 
employees in the Royal Court and Cabinet, Majlis Ash-Shura members, 
diplomats and administrative staff in the Foreign Ministry, civil 
servants posted overseas, chairmen of boards of private companies, 
staff of the Defense Ministry, National Guard, internal security, 
intelligence service, public prosecution and customs. According to 
press reports, citizens who married foreigners without prior 
authorization no longer would qualify for any of those jobs. The 
marital restrictions also applied to citizens studying overseas. 
Violators risked disciplinary action, including being fired from their 
jobs and even trial.
    Mutawwa'in practices and incidents of abuse varied widely in 
different regions of the country, but they were most numerous in the 
central Nejd region. In certain areas, both the Mutawwa'in and 
religious vigilantes acting on their own harassed, abused, arrested, 
and detained citizens and foreigners (see Section 1.d.). The Government 
requires the Mutawwa'in to follow established procedures and to offer 
instruction in a polite manner; however, Mutawwa'in did not always 
comply with the requirements. During the year, the Government neither 
criticized publicly abuses by Mutawwa'in and religious vigilantes nor 
sought to curtail such abuses.
    Mutawwa'in enforcement of strict standards of social behavior 
included the closing of commercial establishments during the five daily 
prayer observances, insisting upon compliance with strict norms of 
public dress, and dispersing gatherings of women in public places 
designated for men, as well as preventing men from entering public 
places designated for families. Mutawwa'in frequently reproached 
citizen and foreign women for failure to observe strict dress codes and 
arrested men and women found together who were not married or closely 
related.
    Local media emphasized remarks made by the Interior Minister during 
a November visit to the Riyadh headquarters of the Commission for the 
Promotion of Virtue and Prevention of Vice. The Minister called on the 
Mutawwa'in to respect the sanctity of private homes and refrain from 
activity that could be construed as prying or harassing citizens. 
According to credible sources, incidents with Mutawwa'in usually 
increased during Ramadan because many feel they have added license to 
assert their authority during the holy month.
    Some professors believed that informers monitor comments made in 
university classrooms and reported them to government authorities.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Government severely limited 
freedom of speech and the press; however, the Government continued to 
relax restrictions somewhat during the year. The authorities did not 
permit criticism of Islam or the ruling family, and criticism of the 
Government was rare. However, in November the press reported debate 
over religious matters. The press published critical commentary about 
religious authorities segregating women in the Grand Mosque in Mecca 
and temporarily restricting access for women from certain areas of the 
Prophet's Mosque in Medina. On November 15, one female citizen 
journalist described discrimination against female pilgrims in an 
article in the Arab News stating ``I will continue writing about this 
until the authorities listen to what I have to say.''
    The authorities allowed the press some freedom to criticize 
governmental bodies and social policies through editorial comments and 
cartoons. For example, editors allowed publication of sensational 
stories of citizen experiences abroad. Also during the year, both 
Arabic and English newspapers reported on domestic problems, such as 
abuse of women, servants, and children, previously not addressed by the 
media. Persons whose criticisms aligned them with an organized 
political opposition were subject to arrest and detention until they 
confessed to a crime or signed a statement promising not to resume such 
criticisms, which was tantamount to a confession.
    On occasion the Government provided direction to mosque orators and 
imams regarding the content of their messages; in some instances the 
Government has banned imams from speaking for political comments that 
they made (see Section 2.c.).
    The print media were privately owned but publicly subsidized. A 
media policy statement and a national security law prohibit the 
dissemination of criticism of the Government. The media policy 
statement urged journalists to uphold Islam, oppose atheism, promote 
Arab interests, and preserve cultural heritage. The Ministry of 
Information appointed, and may remove, all editors in chief. It also 
provided guidelines to newspapers regarding controversial issues. The 
Government owned the Saudi Press Agency (SPA), which expressed official 
government views.
    In 2001 the Council of Ministers approved a new press law 
establishing a journalists' association for citizens to address wages, 
benefits, and relations with management. In February the Government 
announced that journalists could now begin to form their own press 
association as approved by the Council of Ministers.
    Newspapers typically published news on sensitive subjects, such as 
crime or terrorism, only after the information was released by the SPA 
or when a senior government official had authorized it. Two Saudi-
owned, London-based dailies, Ash-Sharq Al-Awsat and Al-Hayat, were 
distributed widely and read in the country. Both newspapers tended to 
practice self-censorship in order to comply with government 
restrictions on sensitive issues.
    The authorities dictated to domestic newspapers when they are 
allowed to release stories about the country that are based on stories 
in the foreign press. The authorities also continued on occasion to 
censor stories about the country in foreign publications. Censors 
removed or blackened offending articles, glued pages together, or 
prevented certain issues of foreign publications from entering the 
market. However, while this occurred, it was not consistent and 
frequently controversial articles appeared in foreign publications that 
were distributed. During the year, the Ministry of Information 
continued to relax its blackout policy regarding politically sensitive 
news concerning the country reported in the international media, 
although press restrictions regarding domestic reporting remained 
stringent. Access by citizens to outside sources of information, such 
as Arabic and Western satellite television channels and the Internet, 
was increasingly widespread.
    In the past, the Government has restricted the entry of foreign 
journalists. However, during the year, it granted visas to a large 
number of international media professionals. The Government allowed 
foreign journalists and photographers, both male and female, to travel 
widely and to interview. However, in one instance, authorities 
confiscated videotapes and a laptop computer from one reporter. 
Authorities gave no reason for confiscating the material.
    In March local newspapers publicized public outrage at the fire in 
the Mecca girls' school. The Government issued a report to the press 
and the media reported eyewitness accounts from the scene. The 
resultant public outcry resulted in the dissolution of the separate and 
religiously controlled Presidency for Girls' Education and the 
incorporation of female education into the Ministry of Education.
    Government interference with the press continued. In March an 
editor was fired for criticizing judges. In May the Government forced 
the firing of the editor of Al-Watan for criticizing religious judges.
    The Government owned and operated the television and radio 
companies. Government censors removed any reference to politics, 
religions other than Islam, pork or pigs, alcohol, and sex from foreign 
programs and songs. There were several million satellite-receiving 
dishes in the country, which provided citizens with foreign broadcasts.
    The Government banned all books, magazines, and other materials 
that it considered sexual or pornographic in nature. The Ministry of 
Information compiled and updated a list of publications that were 
prohibited from being sold in the country.
    The Government censored all forms of public artistic expression and 
prohibited cinemas and public musical or theatrical performances, 
except those that are considered folkloric.
    Access to the Internet was available legally only through local 
servers, which the Government monitored closely. There were as many as 
one million Internet subscribers. Some citizens attempted to circumvent 
this control by accessing the Internet through servers in other 
countries. The Government attempted to block all Web sites that it 
deemed sexual, pornographic, politically offensive, or ``un-Islamic.'' 
However, such Web sites were accessible from within the country. In 
2001 the Government closed a number of Internet cafes, especially those 
established for women, after complaints that the cafes were being used 
for ``immoral purposes.''
    Academic freedom was restricted. For example, the authorities 
prohibited the study of evolution, Freud, Marx, Western music, and 
Western philosophy. Informers monitored their classroom comments and 
reported to government and religious authorities.

    b. Freedom of Peaceful Assembly and Association.--Shari'a does not 
address freedom of assembly, but the Government strictly limited 
freedom of assembly in practice. It prohibited public demonstrations as 
a means of political expression. Public meetings were segregated by 
sex. Unless sponsored by diplomatic missions or approved by the 
appropriate governor, foreign residents who seek to hold unsegregated 
meetings risked arrest and deportation. The authorities monitored any 
large gatherings of persons, especially of women. The Mutawwa'in 
dispersed groups of women found in public places, such as restaurants. 
Government policy permits women to attend cultural and social events at 
diplomatic chanceries and residences only if they are accompanied by a 
father, brother, or husband. However, in practice police often 
implemented the policy arbitrarily. On some occasions during the year, 
authorities actively prohibited women from entering diplomatic 
chanceries or residences to attend cultural events and lectures.
    Shari'a does not address freedom of association, and the Government 
strictly limited freedom of association in practice. The Government 
prohibited the establishment of political parties or any type of 
opposition group (see Section 3). By its power to license associations, 
the Government ensured that groups conform to public policy. The 
Government licensed a large number of humanitarian organizations and 
tribal and professional societies, such as the Saudi Chemists Society 
and the Saudi Pharmacists Society. The Government claimed that such 
groups operate without government interference because they were not 
detrimental to public security.
    The Government maintained its position that public demonstrations 
were not allowed; however, a small number of public demonstrations 
occurred. On April 5, protesters demonstrated outside a foreign 
Consulate in Dhahran. On April 8, university students protested outside 
Jeddah's King Abd al-Aziz University in support of the Palestinians. 
The Government peacefully dispersed the crowds. Authorities prevented 
the holding of other public demonstrations and, according to several 
reports, used tear gas and rubber bullets to disperse demonstrators in 
the Eastern Province town of Qatif.

    c. Freedom of Religion.--Freedom of religion did not exist. Islam 
is the official religion, and all citizens must be Muslims.
    The Government prohibited non-Islamic public worship. The 
Government recognized the right of non-Muslims to worship in private; 
however, it did not always respect this right in practice. Conversion 
by a Muslim to another religion was considered apostasy. Public 
apostasy is a crime under Shari'a and punishable by death. There were 
no executions for apostasy during the year, and no reports of any such 
executions for the past several years.
    Islamic practice generally was limited to that of the Wahhabi 
order, which adhered to the Hanbali school of the Sunni branch of Islam 
as interpreted by Muhammad Ibn Al-Wahab, a puritanical 18th century 
religious reformer. The spreading of Muslim teachings not in conformity 
with the officially accepted interpretation of Islam was prohibited. 
However, there were significant numbers of Sufis in the western 
province who engaged in technically illegal practices, such as 
celebrating the Mawlid, or Prophet's birthday, more or less openly 
without government interference. The practice of other schools of Sunni 
Islam was discouraged, and there was institutionalized discrimination 
against adherents of the Shi'a branch of Islam.
    The Ministry of Islamic Affairs directly supervised, and was a 
major source of funds for the construction and maintenance of most 
mosques in the country. The Ministry paid the salaries of imams (prayer 
leaders) and others who worked in the mosques. On occasion the 
Government provided direction to mosque orators and imams regarding the 
content of their messages; in some instances, imams were banned from 
speaking. A governmental committee was responsible for defining the 
qualifications of imams. The Mutawwa'in received their funding from the 
Government and were government employees. The General President of the 
Mutawwa'in held the rank of cabinet minister. Mutawwa'in and imams were 
trained at the Imam Mohammed University outside of Riyadh and also at 
the Umm Al-Qura University in Mecca.
    Foreign imams were barred from leading worship during the most 
heavily attended prayer times and prohibited from delivering sermons 
during Friday congregational prayers. The Government stated that its 
actions were part of its ``Saudiization'' plan to replace foreign 
workers with citizens. The spreading of Muslim teachings not in 
conformance with the officially accepted interpretation of Islam was 
prohibited. Writers and other individuals who publicly criticized this 
interpretation, including both those who advocated a stricter 
interpretation and those who favored a more moderate interpretation 
than the Government's, were imprisoned and faced other reprisals.
    The Shi'a Muslim minority (approximately 900,000 of approximately 
14 million citizens) lived mostly in the Eastern Province, although a 
significant number also resided in Medina in the western province. Its 
members were the objects of officially sanctioned political, social, 
and economic discrimination (see Section 5).
    The authorities permitted the celebration of the Shi'a holiday of 
Ashura in the eastern province city of Qatif, provided that the 
celebrants did not undertake large, public marches or engage in self-
flagellation (a traditional Shi'a practice). The celebrations were 
monitored by the police. No other Ashura celebrations were permitted in 
the country, and many Shi'a traveled to Qatif or to Bahrain to 
participate in Ashura celebrations. The Government continued to enforce 
other restrictions on the Shi'a community, such as banning Shi'a books.
    According to various reports, the Government arrested and detained 
a number of Shi'a sheikhs (religious leaders) in 2000 and during the 
year. Early in 2000, a Shi'a sheikh was taken into custody, and three 
other sheikhs were arrested for unknown reasons near the border with 
Jordan. Credible human rights organizations reported that at least 
seven additional Shi'a religious leaders reportedly remained in 
detention for violating restrictions on Shi'a religious practices. In 
March 2000, Mubahith officers reportedly arrested and detained Sheikh 
Mohammed Al Amri in Medina. In April 2000, Hashim Al-Sayyid Al-Sada, a 
Shi'a cleric suspected of political or religious dissent, was arrested 
in his home and reportedly remained in incommunicado detention at 
year's end (see Section 1.d.). In February Sheikh Aliban Ali al-Ghanim 
who was arrested in August 2000 was released.
    The Government seldom permitted private construction of Shi'a 
mosques. The Shi'a have declined government offers to build state-
supported mosques because the Government would prohibit the 
incorporation and display of Shi'a motifs in any such mosques.
    In 2000 rioting by Makarama Ismaili Shi'as in Najran led to an 
attack by an armed group of Shi'a on a hotel that contained an office 
of the regional governor. Security forces responded, leading to 
extended gun battles between the two sides. In December the Government 
stated that 1 member of the security forces was killed in Najran and 
that King Fahd commuted the death sentence for 17 of the anti-
government insurrectionists.
    Early this year in Najran, 6 leaders of the Ismaili Shiite sect 
were arrested and continued to be detained along with a reported 93 
others held since the protests in 2000. In 2001 all six persons were 
known to have met with a foreign journalist visiting Najran. By year's 
end, there were 102 minority Ismailis reportedly still in prison in 
Najran.
    Magic is widely believed in and sometimes practiced, often in the 
form of fortune telling and swindles. However, under Shari'a the 
practice of magic is regarded as the worst form of polytheism, an 
offense for which no repentance is accepted, and which is punishable by 
death. There were an unknown number of detainees held in prison on the 
charge of ``sorcery,'' or the practice of ``black magic'' or 
``witchcraft.'' In a few cases, self-proclaimed ``miracle workers'' 
were executed for sorcery involving physical harm or apostasy. The 
press reported that police arrested persons accused of sorcery. Based 
on vague accounts and lack of definition of sorcery included in the 
crime reports, the charges appeared to be based on hearsay and 
neighbors' reports of alleged misdeeds. There was no information 
available on prison time or punishment.
    The Government prohibited public non-Muslim religious activities. 
Non-Muslim worshippers risked arrest, lashing, and deportation for 
engaging in overt religious activity that attracts official attention. 
The Government has stated publicly, including before the U.N. 
Commission on Human Rights, that its policy is to protect the right of 
non-Muslims to worship privately. During the year, senior officials in 
the Government reaffirmed to a visiting religious delegation the right 
of non-Muslims to engage in private religious worship. However, it did 
not provide explicit guidelines-such as the number of persons permitted 
to attend and acceptable locations-for determining what constitutes 
private worship, which made distinctions between public and private 
worship unclear. Such lack of clarity, as well as instances of 
arbitrary enforcement by the authorities, forced most non-Muslims to 
worship in such a manner as to avoid discovery by the Government or 
others. Those detained for non-Muslim worship almost always were 
deported by authorities after sometimes lengthy periods of arrest 
during investigation.
    At year's end, there were no reports that Christians detained for 
practicing their religion remained in prisons. During the year, there 
were a few raids, arrests, and detentions of Christians throughout the 
country. In early January, three Ethiopian Christians, detained in 2001 
in Jeddah in connection with an investigation into a Christian worship 
group, alleged in a well-circulated e-mail that they were tortured, 
submitted to severe punishment and physical abuse. Later in the year 
the three were released and deported. In March 2 Filipino Christians, 
imprisoned in Dammam for conducting a Roman Catholic prayer group in 
their home, were sentenced to 150 lashes and deportation following a 
30-day jail sentence. In April Mutawwa'in arrested 26 Christians in 
successive raids on 2 private houses and handed them over to the 
Mubahith or investigative arm of the Ministry of Interior. After 2 
days, 23 of the Christians were released, but 3 of them (1 Sudanese and 
2 Sri Lankans) remained in prison until September 5, and then were 
released without charge. They subsequently were informed by their Saudi 
sponsors that they had to leave the country and not return to their 
work. In late May, police in Jeddah imprisoned 11 Ethiopian and 
Eritrean Christians accused of practicing their religion in their 
homes. By early September all of them had been released and deported.
    The Government did not permit non-Muslim clergy to enter the 
country for the purpose of conducting religious services, although some 
came under other auspices. Such restrictions made it very difficult for 
most non-Muslims to maintain contact with clergymen and attend 
services. Catholics and Orthodox Christians, who require a priest on a 
regular basis to receive the sacraments required by their faith, 
particularly were affected.
    Proselytizing by non-Muslims, including the distribution of non-
Muslim religious materials such as Bibles, was illegal. There were no 
reports during the year of arrests for proselytizing. Muslims or non-
Muslims wearing religious symbols of any kind in public risked 
confrontation with the Mutawwa'in. Under the auspices of the Ministry 
of Islamic Affairs, approximately 50 so-called ``Call and Guidance'' 
centers employing approximately 500 citizens to convert foreigners to 
Islam. Some non-Muslim foreigners converted to Islam during their stay 
in the country, including more than 200 persons in Jeddah each year. 
The press often carried articles about such conversions, including 
testimonials.
    Under the Hanbali interpretation of Shari'a law, judges may 
discount the testimony of persons who are not practicing Muslims or who 
do not adhere to the correct doctrine. Legal sources reported that 
testimony by Shi'a is often ignored in courts of law or is deemed to 
have less weight than testimony by Sunnis. For example, in 2001 a judge 
in the eastern province asked two witnesses to an automobile accident 
if they were Shi'a. When they so confirmed, the judge announced to the 
court that their testimony was inadmissible. Sentencing under the legal 
system was not uniform. Laws and regulations state that defendants 
should be treated equally; however, under Shari'a as interpreted and 
applied in the country, crimes against Muslims may result in harsher 
penalties than those against non-Muslims.
    Islamic religious education was mandatory in public schools at all 
levels. All children received religious instruction, which generally 
was limited to that of the Hanbali school of Islam.
    In accordance with Shari'a, Saudi women were prohibited from 
marrying non-Muslims, but Saudi men may marry Christians and Jews, as 
well as Muslims.
    The Government required noncitizens to carry Iqamas, or legal 
resident identity cards, which contained a religious designation for 
``Muslim'' or ``non-Muslim.''
    Shi'a citizens are discriminated against in government and 
employment, especially in national security jobs. Shi'a are subjected 
to employment restrictions in the oil and petrochemical industries and 
some Shi'a who are suspected of subversion have been subjected 
periodically to surveillance and limitations on travel abroad. Since 
beginning the investigation of the 1996 bombing of a U.S. military 
installation, authorities have detained, interrogated, and confiscated 
the passports of a number of Shi'a, including Shi'a returning to the 
country following travel to Iran (see Sections 1.d. and 2.d.). 
Additionally, the courts will not accept a member of the Shi'a faith as 
a witness in a trial.
    In 2000 rioting by members of the Makarama Ismaili Shi'a eventually 
led to an attack by an armed group of Shi'a led to extended gun battles 
with security forces between the two sides.
    Children of Saudi fathers are considered Muslim, and reportedly are 
coerced to conform to their father's interpretation of Islam. However, 
no cases were reported 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 Government restricted these rights. 
The Government restricted the travel of citizen women. All women in the 
country were prohibited from driving and were dependent upon males for 
any transportation. Likewise, they must obtain written permission from 
their closest male relative before the authorities allowed them to 
travel abroad (see Section 5). The requirement to obtain permission 
from a male relative or guardian applied also to foreign women married 
to citizens or to the minor and single adult daughters of Saudi 
fathers. In 2001, the Government announced that women could obtain 
their own identity cards; however, it required that they obtain 
permission to receive a card from their nearest male relatives. 
Moreover, the identity cards have not been made mandatory for women 
(see Section 5). The restrictions on travel also applied to American 
citizen children of Saudi fathers. In cases where there were custody 
disputes between American women and their Saudi husbands, the husband 
was able to prevent the travel of the children to the United States 
even when there was a valid U.S. custody order. These restrictions on 
travel can continue even after the children reach adulthood, although 
the Government has worked with U.S. consular officials to overcome a 
father or husband's refusal to permit the travel of adult American 
citizen female relatives. During the year, senior officials indicated a 
willingness to allow adult American citizen women to travel despite 
objections by their husband or other male relative. However, by year's 
end, the policy had not been implemented.
    Since the 1979 Iranian revolution, some Shi'a suspected of 
subversion have been subjected periodically to surveillance and 
limitations on travel abroad. In 2001 the Government lifted the 
requirement that citizens intending to travel to Iran seek permission 
in advance from authorities.
    There was a high increase in tourism, especially religious tourism 
by Shi'ites from Saudi Arabia to Iran. The change corresponded with 
improving relations between Saudi Arabia and Iran. Advance permission 
for travel to Iraq, whether for business or religious pilgrimage, has 
been necessary for some time due to security concerns, but such travel 
remained possible. Travel to Iraq still required specific permission.
    Foreigners typically were allowed to reside or work in the country 
only under the sponsorship of a citizen or business. By law the 
sponsors or employers of foreign residents must hold their passports 
until they are prepared to depart the country. The Government required 
foreign residents to carry identification cards. It did not permit 
foreigners to change their workplace without their sponsor's 
permission.
    Stateless ``bidoons'' continued moving and living nomadically 
around the northern border. Bidoons are Arabs who have residency ties 
to the country--some going back generations, some for briefer periods--
but who have no conclusive documentation of their nationality. Bidoons 
were given Iqamas by the Government but not passports and had 
difficulty in obtaining visas for foreign travel.
    Sponsors generally retained possession of foreign workers' 
passports, although some classes of foreign workers were allowed to 
keep their passports. Foreign workers must obtain permission from their 
sponsors to travel abroad. If sponsors were involved in a commercial or 
labor dispute with foreign employees, they may ask the authorities to 
prohibit the employees from departing the country until the dispute is 
resolved. Some sponsors used this as a pressure tactic to resolve 
disputes in their favor or to have foreign employees deported. There 
were numerous reports of the Government prohibiting foreign employees 
involved in labor disputes from departing the country until the dispute 
was resolved (see Sections 5 and 6.c.).
    The Government seized the passports of all potential suspects and 
witnesses in criminal cases and suspended the issuance of exit visas to 
them until the case was concluded. As a result, some foreign nationals 
were forced to remain in the country for lengthy periods against their 
will. The authorities sometimes confiscated the passports of suspected 
oppositionists and their families.
    Citizens may emigrate. The Government prohibited dual citizenship; 
however, children who hold other citizenship by virtue of birth abroad 
increasingly were permitted to leave the country using non-Saudi 
passports. Apart from marriage to a citizen, there were no provisions 
for foreign residents to acquire citizenship. Children born to a 
citizen father acquired Saudi citizenship. However, a citizen mother 
may not convey citizenship to her children. Foreigners were granted 
citizenship in rare cases, generally through the advocacy of an 
influential patron.
    The law does not 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.
    The Basic Law provides that ``the state will grant political asylum 
if the public interest militates in favor of it.'' The law does not 
specify clear rules for adjudicating asylum cases, and does not provide 
for first asylum. In general the authorities regarded refugees and 
displaced persons similarly as they did foreign workers. They must have 
sponsors for employment or risk expulsion. Of the 33,000 Iraqi 
civilians and former prisoners of war allowed refuge in the country at 
the end of the Gulf War, none have been granted permanent asylum. 
Nevertheless, the Government cooperated with the United Nations High 
Commissioner for Refugees (UNHCR). It has underwritten the entire cost 
of providing safe haven to the Iraqi refugees and continued to provide 
logistical and administrative support to the UNHCR and other 
resettlement agencies. At year's end, approximately 27,000 of the 
original 33,000 Iraqi refugees had been resettled in other countries or 
voluntarily repatriated to Iraq. Most of the approximately 5,200 
remaining refugees were restricted to the Rafha Refugee Camp. At year's 
end, following the visit to the Rafha Refugee Camp by the UNCHR, 
efforts were still being made to find asylum for approximately 3,000 
refugees who wished to leave the camp but not return to Iraq. According 
to the UNHCR, the Government has agreed that the remaining 2,200 be 
given continuing refuge and possible employment in the area until they 
could be repatriated safely to Iraq. In October the United Nations High 
Commissioner for Refugees visited the Rafha camp and later reported 
that during his visit, the refugees staged a peaceful protest and 
complained about the lack of freedom, movement, and prospects for the 
future. The UNHCR has monitored more than 3,000 persons voluntarily 
returning to Iraq from Rafha since December 1991 and found no evidence 
of forcible repatriation (see Section 1.c.).
    The Government has allowed some foreigners to remain temporarily in 
the country in cases in which their safety would be jeopardized if they 
were deported to their home 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
    Citizens did not have the right to change their government. There 
were no formal democratic institutions, and only a few members of the 
ruling family had a voice in the choice of leaders or in changing the 
political system. The King ruled on civil and religious matters within 
certain limitations established by religious law, tradition, and the 
need to maintain consensus among the ruling family and religious 
leaders.
    The King is also the Prime Minister, and the Crown Prince served as 
Deputy Prime Minister. The King appointed all other ministers, who in 
turn appointed subordinate officials with cabinet concurrence. In 1992 
the King appointed 60 members to a Consultative Council, or Majlis Ash-
Shura. This strictly advisory body began to hold sessions in 1993. In 
1997 and again in May the King expanded the membership of the Council; 
it has 120 members plus its chairman. There were two Shi'as on the 
Council. The Council engaged in debates that, while closed to the 
general public, provided advice and views occasionally contrary to the 
Government's proposed policy or recommended course of action. The 
Government usually incorporated the Majlis' advice into its final 
policy announcements or tried to convince it why the Government's 
policy was correct. In November the Majlis Ash-Shura publicly announced 
that it wanted to play more than its limited advisory role. The Majlis 
sought to have more power to cope with modern developments and to make 
it more effective. However, also in November, local press reported a 
meeting in which the governors and the Minister of Interior of the 
country's regions signaled a reaffirmation of royal power. All but 1 of 
the country's 13 governors are either sons or grandsons of King 
Abdulaziz, the founder of the country.
    The Council of Senior Islamic Scholars (ulema) is another advisory 
body to the King and the Cabinet. It reviews the Government's public 
policies for compliance with Shari'a. The Government viewed the Council 
as an important source of religious legitimacy and takes the Council's 
opinions into account when promulgating legislation.
    Communication between citizens and the Government usually was 
expressed through client-patron relationships and by affinity groups 
such as tribes, families, and professional hierarchies. In theory any 
male citizen or foreign national may express an opinion or a grievance 
at a majlis, an open-door meeting held by the King, a prince, or an 
important national or local official. However, as governmental 
functions have become more complex, time-consuming, and centralized, 
public access to senior officials became more restricted. Since the 
assassination of King Faisal in 1975, kings have reduced the frequency 
of their personal contacts with the public. However, in 2001 and during 
the year, Crown Prince Abdullah held a variety of meetings with 
citizens throughout the country. Ministers and district governors can 
be approached for discussion at a majlis.
    Typical topics raised in a majlis include complaints about 
bureaucratic delay or insensitivity, requests for personal redress or 
assistance, and criticism of particular acts of government affecting 
family welfare. Broader ``political'' concerns--social, economic, or 
foreign policy--rarely were raised. Complaints about royal abuses of 
power were not entertained. In general journalists, academics, and 
businessmen believed that institutionalized avenues of domestic 
criticism of the regime were closed. Feedback was filtered through 
private personal channels and has affected various policy issues, 
including the Middle East peace process, youth unemployment, and the 
construction of new infrastructure.
    The Committee for the Defense of Legitimate Rights (CDLR), 
established in 1993, and its rival faction, the Islamic Reform 
Movement, established in 1996, continued to criticize the Government, 
using computers and fax transmissions to send newsletters from London 
to the country. Both were repressed by the Government and have no 
officially recognized existence.
    Women played no formal role in government and politics and were 
actively discouraged from doing so. Participation by women in a majlis 
was restricted, although some women sought redress through female 
members of the royal family. On rare occasions, women have been called 
to advise members of the Majlis Ash-Shura in private, closed-door 
sessions.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were no publicly active human rights groups, and the 
Government has made it clear that none critical of government policies 
would be permitted.
    In October a U.N. Human Rights envoy visited the country at the 
invitation of the Government. The local press covered the visit of the 
U.N. Special Rapporteur as he reviewed the judicial system. The visit 
by the U.N. Human Rights envoy followed the Government-implementation 
of the new Saudi Criminal Procedural Bill of Rights. In the past, the 
Government also has announced publicly through the press, that it would 
welcome visits from other human rights groups, including Amnesty 
International and Human Rights Watch.
    During the year, a citizen formerly imprisoned for his political 
views moved freely in the country trying to establish an NGO called 
Human Rights First-the Society For Protecting and Defending Human 
Rights in the Kingdom of Saudi Arabia. Representing a group of 12 
citizens, the organizer petitioned senior government officials to allow 
the establishment of this first NGO.
    The Government disagreed with internationally accepted definitions 
of human rights and viewed its interpretation of Islamic law as the 
only necessary guide to protect human rights. The Government generally 
ignored citations of government human rights abuses by international 
monitors or foreign governments and in the past has criticized such 
citations as attacks on Islam.
    The Government maintained that the new Criminal Procedural law 
regarding rights of prisoners and punitive measures will address its 
obligations under the Convention Against Torture and Other Cruel, 
Inhuman, or Degrading Treatment or Punishment. In February the 
Government announced in the national press that it would establish two 
human rights commissions, one governmental and the other 
nongovernmental. In April, at the meeting of the Human Rights 
Commission in Geneva, the Government announced that it was in the final 
stages of establishing these commissions. The press also publicized 
that the Government had signed four out of six international human 
rights covenants and was planning to sign the remaining two soon. Since 
May there were no indications of the law's implementation for 
prisoners, especially victims of human rights abuses, held in 
government prisons.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    There was legal and systemic discrimination based on sex. The law 
forbids discrimination based on race, but not nationality, although 
such discrimination occurs. The Government and private organizations 
cooperated in providing services for persons with disabilities; 
however, there is no legislation mandating public access. The Shi'a 
minority suffered social, legal, economic, and political discrimination 
(see section 2.c.). While rare, there were occasional reports that 
religious police have arrested and punished men for engaging in 
homosexual activity. Punishments included lashes, prison sentences, and 
deportation of expatriates.

    Women.--Shari'a prohibits abuse and violence against all innocent 
persons, including women. The Government did not keep statistics on 
spousal abuse or other forms of violence against women. However, based 
on the information available regarding physical spousal abuse and 
violence against women, such violence and abuse appeared to be common 
problems. Hospital workers reported that many women were admitted for 
treatment of injuries that apparently resulted from spousal violence; 
hospitals now are required to report any suspicious injuries to 
authorities. A citizen may prevent his wife and any child or unmarried 
adult daughter from obtaining an exit visa to depart the country (see 
Section 2.d.).
    Foreign embassies continued to receive many reports that employers 
abused foreign women working as domestic servants. Some embassies of 
countries with large domestic servant populations maintained safehouses 
to which their citizens may flee to escape work situations that 
included forced confinement, withholding of food, beating and other 
physical abuse, and rape. Often the reported abuse is at the hands of 
female citizens. During the year, the media reported more frequently on 
cases involving domestic abuse of women, servants, and children. 
However, in general the Government considered such cases to be family 
matters and did not intervene unless charges of abuse were brought to 
its attention. It was almost impossible for foreign women to obtain 
redress in the courts due to the courts' strict evidentiary rules and 
the women and servants' own fears of reprisals. During the year, there 
were increasing reports of employers being punished for abuse of 
domestic servants. There were no private support groups or religious 
associations to assist such women.
    By religious law and social custom, women have the right to own 
property and are entitled to financial support from their husbands or 
male relatives. However, women have few political or social rights and 
are not treated as equal members of society. There were no active 
women's rights groups. Women legally may not drive motor vehicles and 
are restricted in their use of public facilities when men are present. 
Women must enter city buses by separate rear entrances and sit in 
specially designated sections. Women risked arrest by the Mutawwa'in 
for riding in a vehicle driven by a male who was not an employee or a 
close male relative. Women were not admitted to a hospital for medical 
treatment without the consent of a male relative. By law and custom, 
women may not undertake domestic or foreign travel alone (see Section 
2.d.). During the year, the Government began again to issue national 
identity cards to females, despite a national campaign by some 
religious conservatives against it. In November the press reported the 
Interior Minister as suggesting that it was not absolutely necessary 
that a male guardian accompany a woman applying for an ID as long as 
she could produce documentary evidence of her identity.
    In public a woman was expected to wear an abaya (a black garment 
that covers the entire body) and also to cover her head and hair. The 
Mutawwa'in generally expected women from Arab countries, and other 
countries in Asia and Africa to comply more fully with local customs of 
dress than they do Western women; nonetheless, in recent years they 
have instructed Western women to wear the abaya and cover their hair 
and face. During the year, Mutawwa'in continued to admonish and harass 
women to wear their abayas and cover their hair.
    Unlike in previous years, there were no reports during the year of 
government officials and ministries barring accredited female diplomats 
in the country from official meetings or placing other restrictions on 
them.
    There is no law specifically prohibiting female genital mutilation 
(FGM), and it was practiced among some foreign workers from East Africa 
and the Nile Valley. It was not always clear whether the procedure 
occurred in the country or the workers' home countries.
    Prostitution is illegal and did not appear to be a widespread 
problem.
    Women also are subject to discrimination under Shari'a as 
interpreted in the country, which stipulates that daughters receive 
half the inheritance awarded to their brothers. While Shari'a provides 
women with a basis to own and dispose of property independently, women 
often are constrained from asserting such rights because of various 
legal and societal barriers, especially regarding employment and 
freedom of movement. In a Shari'a court, the testimony of one man 
equals that of two women (see Section 1.e.). Although Islamic law 
permits polygyny, with up to four wives, it is becoming less common due 
to demographic and economic changes. Islamic law enjoins a man to treat 
each wife equally. In practice such equality is left to the discretion 
of the husband. Some women participated in Al-Mesyar (or ``short 
daytime visit'') marriages, or what are described as ``weekend 
marriages,'' in which the women relinquished their legal rights to 
financial support and nighttime cohabitation. Additionally, the husband 
was not required to inform his other wives of the marriage, and any 
children resulting from such a marriage have no inheritance rights. The 
Government placed greater restrictions on women than on men regarding 
marriage to noncitizens and non-Muslims (see Section 1.f.).
    Women must demonstrate legally specified grounds for divorce, but 
men may divorce without giving cause. In doing so, men were required to 
pay immediately an amount of money agreed upon at the time of the 
marriage, which serves as a one-time alimony payment. Women who 
demonstrate legal grounds for divorce still were entitled to this 
alimony. If divorced or widowed, a Muslim woman normally may keep her 
children until they attain a specified age: 7 years for boys; 9 years 
for girls. Children over these ages are awarded to the divorced husband 
or the deceased husband's family. Numerous divorced foreign women 
continued to be prevented by their former husbands from visiting their 
children after divorce.
    Women had access to free but segregated education through the 
university level. They constituted more than 58 percent of all 
university students, but were excluded from studying such subjects as 
engineering, journalism, and architecture. Men may study overseas; 
women may do so only if accompanied by a spouse or an immediate male 
relative.
    Women made up approximately 14.6 percent of the formal citizen work 
force. Unemployment among women was approximately 15.8 percent. Saudi 
women reportedly owned approximately 20 percent of the businesses, 
although they must deputize a male relative to represent them in 
financial transactions. Most employment opportunities for women were in 
education and health care. Despite limited educational opportunities in 
many professional fields, some female citizens were able to study 
abroad and return to work in professions such as architecture and 
journalism. Many foreign women worked as domestic servants and nurses.
    Women who wished to enter nontraditional fields were subject to 
discrimination. Women may not accept jobs in rural areas if there are 
no adult male kin present with whom they may reside and who agree to 
take responsibility for them. Most workplaces in which women were 
present are segregated by gender. Frequently, contact with male 
supervisors or clients was allowed only by telephone or fax machine. 
According to the Ministry of Commerce, women were not eligible to be 
issued business licenses for work in fields that might require them to 
supervise foreign workers, interact with male clients, or deal on a 
regular basis with government officials. However, in hospital settings 
and in the energy industry, women and men worked together, and, in some 
instances, women supervised male employees. Some women and men 
continued to seek opportunities for women and to break down gender 
segregation. In May according to the press, the Justice Minister 
announced that the Government was considering opening the legal 
profession to women, but not allowing females to appear in court before 
judges.
    During the year, the Government began to deal with discrimination 
based on gender when it responded to public outrage over the girls' 
school fire in Mecca by dissolving the separate Presidency for Girls' 
Education and incorporating women's education into the Ministry of 
Education, eliminating women's education from control of religious 
authorities. Increasingly, the press covered issues concerning women's 
rights and gender discrimination.

    Children.--The Government provided all children with free education 
and medical care. Children were not subject to the strict social 
segregation faced by women although they were segregated by sex in 
schools, beginning at the age of 7; however, schools were integrated 
through the fourth grade in some areas. By age 9, most children were 
segregated by sex in school. In more general social situations, boys 
were segregated at the age of 12 and girls at the onset of puberty.
    It was difficult to gauge the prevalence of child abuse, since the 
Government keeps no national statistics on such cases. Although in 
general the culture greatly prizes children, new studies by Saudi 
female doctors indicated that severe abuse and neglect of children 
appeared to be more widespread than previously reported. In February 
doctors, dentists, academics, and socially concerned citizens held a 
conference on the topic of Child Abuse, including physical abuse of 
women, and launched a nationwide campaign to raise public awareness. 
The press has also played an important role in beginning to raise 
national consciousness about the widespread problem. In February the 
Government announced that it is planning to establish a special unit 
within the Ministry of Labor and Social Affairs to address child abuse. 
This new governmental department will handle abuse at home and 
``protect women and children in particular from being subjected to 
mental and physical abuse by other family members.''
    Trafficking in children for forced begging persisted (see Sections 
6.c. and 6.f.).

    Persons with Disabilities.--The law provides hiring quotas for 
persons with disabilities. There is no legislation that mandates public 
accessibility; however, newer commercial buildings often include such 
access, as do some newer government buildings. The provision of 
government social services increasingly has brought persons with 
disabilities into the public mainstream. The Government and private 
charitable organizations cooperated in education, employment, and other 
services for persons with disabilities.
    During the year the Government took a variety of steps promoting 
more rights and elimination of discrimination against persons with 
disabilities. In January the press publicized a study conducted by the 
National Project on Disability and Rehabilitation Research that found a 
total of 493,605 disabled persons in the country. Of that number, 
representing 4 percent of the population, 34 percent have some form of 
body disabilities and 30 percent have sight disabilities. In May the 
Government announced the formation of an endowment committee for 
handicapped children. In July the Government established a new supreme 
council to deal with the affairs of the disabled and the Crown Prince 
was named as chairman. In September the press announced a plan to open 
a chapter of Best Buddies International, an NGO to help persons with 
mental disabilities, which would be the first such operation in the 
country.
    Foreign criminal rings reportedly bought and imported children with 
disabilities for the purpose of forced begging (see Sections 6.c. and 
6.f.).
    Police generally transported mentally ill persons found wandering 
alone in public to their families or a hospital. Police claimed that 
according to Islam, family members should be taking care of such 
individuals.

    National/Racial/Ethnic Minorities.--Although racial discrimination 
is illegal, there was substantial societal prejudice based on ethnic or 
national origin. Foreign workers from Africa and Asia were subject to 
various forms of formal and informal discrimination and have the most 
difficulty in obtaining justice for their grievances. For example, pay 
scales for identical or similar labor or professional services were set 
by nationality such that two similarly qualified and experienced 
foreign nationals performing the same employment duties receive varied 
compensation based on their nationalities.
    In November Crown Prince Abdullah issued a call for a national 
strategy to eliminate poverty. In a widely publicized visit to the 
homes of poor citizens living in dilapidated districts, the Crown 
Prince was quoted as saying, ``we have to admit this problem and 
implement the strategy immediately.'' One week later, the Ministry of 
Labor and Social Affairs established an Anti-Poverty Fund and announced 
the formation of a strategy to tackle the problem.

Section 6. Worker Rights

    a. The Right of Association.--The Government prohibited the 
establishment of labor unions; however, in April the Minister of Labor 
endorsed the plans announced in 2001 for the establishment of labor 
committees for citizens in local companies, including factories, having 
more than 100 employees. The aim will be the establishment of 
communication between employees and employers and the improvement of 
work standards in the workplace. In May the Ministry of Labor announced 
that it was continuing with its plans to establish labor committees in 
private establishments. The press reported that the Riyadh Chamber of 
Commerce and Industry held the first introductory meeting of labor 
committees. Ministry legal experts issued public statements denying 
foreign pressure to establish such labor committees. The labor 
committees are to consist of three to nine members, who would serve 3-
year terms. The Government has no role in selecting the committee 
members; both management and workers will be represented. The committee 
may make recommendations to company management to improve work 
conditions, increase productivity, improve health and safety, and 
recommend training programs. The Ministry of Labor and Social Affairs 
may send a representative to attend committee meetings. A committee 
must provide a written report of its meetings to company management, 
which also will be transmitted to the Ministry. The Ministry may 
dissolve a labor committee if it violates regulations or threatens 
public security. Foreign workers may not form or become members of 
labor committees. No committees existed by year's end.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining was forbidden. Foreign workers comprised approximately two-
thirds of the work force. There was no minimum wage; wages were set by 
employers and varied according to the type of work performed and the 
nationality of the worker (see Section 5).
    Strikes were prohibited; however, in March more than 450 hospital 
cleaners at the Military Hospital in Riyadh staged a strike to protest 
a 2-month delay in payment of their salaries by the contracting 
company. They returned to work when the company officials agreed to pay 
1 month's salary immediately and the other in the near future. In 2000 
in Jeddah, foreign hospital, food processing, and construction workers 
who had not been paid staged strikes. In 1995 the U.S. Overseas Private 
Investment Corporation suspended coverage because of the Government's 
lack of compliance with internationally recognized worker rights 
standards.
    There were no export processing zones.

    c. Prohibition of Forced or Bonded Labor.--The Government 
prohibited forced or bonded labor pursuant to a royal decree that 
abolished slavery. Ratification of the International Labor Organization 
(ILO) Conventions 29 and 105, which prohibit forced labor, gives them 
the force of law. However, employers had significant control over the 
movements of foreign employees, which gave rise to situations that 
sometimes involved forced labor, especially in remote areas where 
workers were unable to leave their place of work.
    In September the Ministry of Interior reported that the Government 
system of sponsorship of expatriate workers has come under national 
scrutiny. However, the Minister, however, said the Government is not 
yet ready to abrogate the current system of sponsorship until it has 
been fully studied and a better system for controlling the expatriate 
labor force has been presented and accepted.
    Some sponsors prevented foreign workers from obtaining exit visas 
to pressure them to sign a new work contract or to drop claims against 
their employers for unpaid salary (see Section 2.d.). Additionally, 
some sponsors refused to provide foreign workers with a ``letter of no 
objection'' that would allow them to be employed by another sponsor. 
The authorities in some cases forced maids fleeing abusive employment 
circumstances to return to their employers.
    There were many reports of workers whose employers refused to pay 
several months, or even years, of accumulated salary or other promised 
benefits. Foreign workers with such grievances, except foreign domestic 
servants, had the right to complain before the labor courts, but few 
did so because of fear of deportation. The labor system was conducive 
to the exploitation of foreign workers because enforcement of work 
contracts was difficult and generally favors employers. Labor courts, 
while generally fair, may take many months to reach a final appellate 
ruling, during which time the employer may prevent the foreign laborer 
from leaving the country. An employer also may delay a case until a 
worker's funds are exhausted, and the worker is forced to return to his 
home country.
    The law does not specifically prohibit forced or bonded labor by 
children. Nonetheless, with the rare exception of criminal begging 
rings, and the possible exceptions of family businesses, forced or 
bonded child labor did not occur (see Section 6.d.). In 1997 the 
Government attempted to eradicate forced child begging. Nevertheless, 
criminal rings consisting almost exclusively of foreigners have 
continued to buy and import South Asian and African children for the 
purpose of forced begging (see Section 6.f.).

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The minimum age for employment is 13 years, which may be 
waived by the Ministry of Labor with the consent of the juvenile's 
guardian. There is no minimum age for workers employed in family-
oriented businesses or in other areas that are construed as extensions 
of the household, such as farming, herding, and domestic service.
    Children under the age of 18 may not be employed in hazardous or 
harmful industries, such as mining or industries employing power-
operated machinery. While there is no formal government entity 
responsible for enforcing the minimum age for employment of children, 
the Ministry of Justice has jurisdiction and has acted as plaintiff in 
the few cases that have arisen against alleged violators. However, in 
general children played a minimal role in the work force.
    In April the press publicized stories about the Mecca 
Municipality's efforts to end a child-labor racket in Mecca. The 
majority of child beggars are citizens, many of them girls with 
disabilities, according to an ILO study reported in the press in 
September. The new figures contrasted sharply with previous claims by 
the Ministry of Labor and Social Affairs that only 25 percent of the 
children begging were citizens. The Ministry has established special 
offices in both Mecca and Medina to combat the growing problem of child 
beggars.
    The law does not prohibit specifically forced or bonded labor by 
children, but it was not a problem, with the rare exception of forced 
child begging rings, and possibly family businesses (see Section 6.c.). 
Reportedly, young boys of Saudi, Sudanese, South Asian, and Yemeni 
origin were used as jockeys in camel races.

    e. Acceptable Conditions of Work.--There is no legal minimum wage. 
Labor regulations establish a 48-hour workweek at regular pay and allow 
employers to require up to 12 additional hours of overtime at time-and-
a-half pay. Labor law provides for a 24-hour rest period, normally on 
Fridays, although the employer may grant it on another day. The average 
wage generally provides a decent standard of living for a worker and 
family.
    The ILO has stated that the Government did not formulated 
legislation implementing the ILO Convention 100 on Equal Remuneration 
and that regulations that segregated work places by sex or limit 
vocational programs for women violated ILO Convention 111 on 
Discrimination in Employment and Occupation.
    Workers risked losing employment if they remove themselves from 
hazardous work conditions.
    Labor regulations require employers to protect most workers from 
job-related hazards and disease. However, foreign nationals reported 
frequent failures to enforce health and safety standards. Farmers, 
herdsmen, domestic servants, and workers in family-operated businesses 
were not covered by these regulations.
    Some foreign nationals who have been recruited abroad have claimed 
that after their arrival in the country, they were presented with work 
contracts that specified lower wages and fewer benefits than originally 
promised. Other foreign workers reportedly have signed contracts in 
their home countries and later were pressured to sign less favorable 
contracts upon arrival. Some employees reported that at the end of 
their contract service, their employers refused to grant permission to 
allow them to return home. Foreign employees involved in disputes with 
their employers may find their freedom of movement restricted (see 
Section 2.d.). The labor laws, including those designed to limit 
working hours and regulate working conditions, do not apply to foreign 
domestic servants, and such domestic servants may not seek the 
protection of the labor courts. There were credible reports that female 
domestic servants sometimes were forced to work 16 to 20 hours per day 
7 days per week. There were numerous confirmed reports of maids fleeing 
employers and seeking refuge in their embassies (see Section 5). 
Foreign embassies continued to receive reports of employers abusing 
domestic servants. Such abuse included withholding of food, beatings 
and other physical abuse, and rape (see Section 5). The Government's 
figures for 1999 stated that 7,000 maids fled their place of 
employment, and the actual number presumably was higher. In 2001 the 
media reported additional stories of such incidents. The authorities in 
some cases forced such maids to return to their places of employment.
    The ongoing campaign to remove illegal immigrants from the country 
has done little to Saudiize the economy because illegal immigrants 
largely worked in low-income positions, which most citizens considered 
unsuitable. The Government carried out the campaign by widely 
publicizing its enforcement of existing laws against illegal immigrants 
and citizens employing or sponsoring illegal immigrants. Since 1999 as 
many as 1.1 million persons departed or were deported for violating 
residence and labor laws, under the terms of a 1997 amnesty, which 
allows illegal immigrants and their employers or sponsors to avoid the 
possibility of prosecution by voluntarily seeking expeditious 
repatriation.
    The effect of the expeditious repatriation of some illegal 
immigrants and the legalization of others has been to improve overall 
working conditions for legally employed foreigners. Illegal immigrants 
generally were willing to accept lower salaries and fewer benefits than 
legally employed immigrants. The departure or legalization of illegal 
workers reduced the competition for certain jobs and thereby reduced 
the incentive for legal immigrants to accept lower wages and fewer 
benefits as a means of competing with illegal immigrants. Furthermore, 
their departure or legalization removed a large portion of the class of 
workers most vulnerable to abuse and exploitation because of their 
illegal status.

    f. Trafficking in Persons.--The law does not prohibit specifically 
trafficking in persons; however, the law prohibits slavery and the 
smuggling of persons into the country. In August the press reported 
that the Council of Ministers approved two international protocols on 
trafficking in persons, one that combats the smuggling of immigrants by 
land, sea, or air and the other that seeks to prevent trade in persons, 
especially women and children.
    Criminal rings consisting almost exclusively of foreigners have 
bought and imported South Asian children, including children with 
disabilities, and women for the purpose of organized begging, 
particularly in the vicinity of the Grand Mosque in Mecca during 
Islamic holidays.
    There were unconfirmed reports that women were trafficked into the 
country to work as prostitutes.
    Among the millions of foreign workers in the country, some persons, 
particularly domestic workers, are defrauded by employment agencies or 
exploited by employers; some workers overstay their contracts and are 
exploited as they have few legal protections. Many foreign domestic 
servants fled work situations that included forced confinement, beating 
and other physical abuse, withholding of food, and rape. The 
authorities often forced domestic servants to return to their places of 
employment (see Sections 5 and 6.c.).
    During the year, the Government acknowledged trafficking problems 
in terms of abuse of domestic servants, especially female expatriate 
workers. The press carried a number of stories on problems and issues 
related to abuse of maids and other domestic workers. The media 
campaign appeared to be an effort to begin raising national awareness 
about the problem. Government officials indicated that they wished to 
begin taking actions to counter the problems of trafficking, which 
involved abuse of expatriate domestic workers. The Ministry of Labor 
has formed an internal committee that is preparing an educational 
program to advise foreign domestic workers of their rights for recourse 
to authorities if they experience abuse or nonpayment of wages.
    In October the Council of Ministers issued a mandate delegating the 
Ministry of Labor and Social Affairs as they overseer for all work 
visas, including seasonal labor. In November the Government granted a 
transition period of 6 months to the Labor Ministry to assume full 
responsibility for the granting of work visas to expatriates.
    Also in November, the Government ordered that all private 
recruitment offices must adopt a standard commitment contract in their 
dealings with foreign recruiters sending labor to the country. The 
press reported that the new labor contract would become mandatory 
December 19.
                               __________

                                 SYRIA

    Syria is a republic under a military regime with virtually absolute 
authority in the hands of the President. Despite the existence of some 
institutions of democratic government, the President, with counsel from 
his ministers, high-ranking members of the ruling Ba'th Party, and a 
relatively small circle of security advisers, makes key decisions 
regarding foreign policy, national security, internal politics, and the 
economy. All three branches of government are influenced to varying 
degrees by leaders of the Ba'th Party, whose primacy in state 
institutions and the Parliament is mandated by the Constitution. The 
Parliament may not initiate laws but only assesses and at times 
modifies those proposed by the executive branch. The Constitution 
provides for an independent judiciary, but security courts are subject 
to political influence. The regular courts generally display 
independence, although political connections and bribery may influence 
verdicts.
    The powerful role of the security services in government, which 
extends beyond strictly security matters, stems in part from the state 
of emergency that has been in place almost continuously since 1963. The 
Government justifies martial law because of the state of war with 
Israel and past threats from terrorist groups. Syrian Military 
Intelligence and Air Force Intelligence are military agencies, while 
General Security, State Security, and Political Security come under the 
purview of the Ministry of Interior. The branches of the security 
services operated independently of each other and outside the legal 
system. The security forces were under effective government control. 
Their members committed serious human rights abuses.
    The population of the country was approximately 17 million. The 
economy was based on commerce, agriculture, oil production, and 
government services. Economic growth was hampered by the still dominant 
state role in the economy, a complex bureaucracy, overarching security 
concerns, endemic corruption, currency restrictions, a lack of modern 
financial services and communications, and a weak legal system.
    The Government's human rights record remained poor, and it 
continued to commit serious abuses. Citizens did not have the right to 
change their government. The Government used its vast powers to prevent 
any organized political opposition, and there have been very few 
antigovernment manifestations. Continuing serious abuses included the 
use of torture in detention; poor prison conditions; arbitrary arrest 
and detention; prolonged detention without trial; fundamentally unfair 
trials in the security courts; an inefficient judiciary that suffered 
from corruption and, at times, political influence; and infringement on 
privacy rights. The Government significantly restricted freedom of 
speech and of the press. Freedom of assembly does not exist under the 
law and the Government restricted freedom of association. The 
Government did not officially allow independent domestic human rights 
groups to exist; however, it permitted periodic meetings of unlicensed 
civil society forums throughout the year. The Government placed some 
limits on freedom of religion and freedom of movement. Proselytizing by 
groups it considered Zionist was not tolerated, and proselytizing in 
general was not encouraged. Violence and societal discrimination 
against women were problems. The Government discriminated against the 
stateless Kurdish minority, suppressed worker rights, and tolerated 
child labor in some instances.

                        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 or other killings committed by government 
forces during the year.
    In November 2000, a number of armed clashes occurred between 
Bedouin shepherds and Druze residents of Suwayda Province that required 
government military intervention to stop. Local press reported that 
between 15 and 20 Druze, Bedouin, and security forces personnel were 
killed (see Section 5). Some members of the security forces committed a 
number of serious human rights abuses. In its Annual Report, the Syrian 
Human Rights Commission stated that in 2001 and during the year three 
individuals died in detention (see Section 1.c.). The Government has 
not investigated previous deaths in detention.

    b. Disappearance.--There were no new confirmed reports of 
politically motivated disappearances during the year. Because security 
forces often did not provide detainees' families with information 
regarding their welfare or location, many persons who disappeared in 
past years are believed to be in long-term detention or to have died in 
detention. The number of new disappearances has declined in recent 
years, although this may be due to the Government's success in 
deterring opposition political activity rather than a loosening of the 
criteria for detention (see Section 1.d.).
    Despite inquiries by international human rights organizations and 
foreign governments, the Government offered little new information on 
the welfare and whereabouts of persons who have been held incommunicado 
for years or about whom little is known other than the approximate date 
of their detention. The Government claimed that it has released all 
Palestinians and Jordanian and Lebanese citizens who reportedly were 
abducted from Lebanon during and after Lebanon's civil war. However, 
the Government's claim was disputed by Lebanese nongovernmental 
organizations (NGOs), Amnesty International (AI), and other 
international NGOs, as well as some family members of those who 
allegedly remain in the country's prisons (see Section 1.d.).

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Despite the existence of constitutional provisions and 
several Penal Code penalties for abusers, there was credible evidence 
that security forces continued to use torture, although to a lesser 
extent than in previous years. Former prisoners, detainees, and the 
London-based Syrian Human Rights Organization reported that torture 
methods included administering electrical shocks; pulling out 
fingernails; forcing objects into the rectum; beating, sometimes while 
the victim is suspended from the ceiling; hyperextending the spine; 
bending the detainees into the frame of a wheel and whipping exposed 
body parts; and using a chair that bends backwards to asphyxiate the 
victim or fracture the victim's spine. In 2001 AI published a report 
claiming that authorities at Tadmur Prison regularly tortured 
prisoners, or forced prisoners to torture each other. Although it 
occurs in prisons, torture was most likely to occur while detainees 
were being held at one of the many detention centers run by the various 
security services throughout the country, especially while the 
authorities were attempting to extract a confession or information.
    The Government has denied that it uses torture and claims that it 
would prosecute anyone believed guilty of using excessive force or 
physical abuse. Past victims of torture have identified the officials 
who tortured them, up to the level of brigadier general. If allegations 
of excessive force or physical abuse are to be made in court, the 
plaintiff is required to initiate his own civil suit against the 
alleged abuser. Courts did not order medical examinations for 
defendants who claimed that they were tortured (see Section 1.e.). 
There were no substantiated allegations of torture during the year.
    In 2000 the Government apprehended Raed Hijazi, accused of a 
terrorist plot targeting American and Israeli tourists in Jordan during 
the millennium celebrations, and sent him to Jordan to stand trial. 
According to media accounts of the trial, doctors for both the defense 
and the prosecution testified that Hijazi's body showed signs of having 
been beaten, but witnesses, including Hijazi, made contradictory and 
inconclusive claims regarding whether the alleged abuse occurred while 
he was in Jordanian or Syrian custody. The Jordanian court has rejected 
the allegations that Hijazi's confession was coerced. In February the 
Jordanian authorities sentenced Hijazi to death. He has appealed the 
decision but remained in custody at year's end pending a decision.
    Prison conditions generally were poor and did not meet 
international standards for health and sanitation. However, there were 
separate facilities for men, women, and children. Pre-trial detainees, 
particularly those held for political or security reasons, were usually 
held separately from convicted prisoners. Facilities for political or 
national security prisoners generally were worse than those for common 
criminals.
    At some prisons, authorities allowed visitation, but in other 
prisons, security officials demanded bribes from family members who 
wished to visit incarcerated relatives. Overcrowding and the denial of 
food occurred at several prisons. According to Human Rights Watch, 
prisoners and detainees were held without adequate medical care, and 
some prisoners with significant health problems reportedly were denied 
medical treatment. Some former detainees have reported that the 
Government prohibited reading materials, even the Koran, for political 
prisoners.
    In 2001 the London-based Syrian Human Rights Commission reported 
that three detainees died in prison and that their remains bore 
evidence of torture and extreme medical neglect.
    The Government did not permit independent monitoring of prison or 
detention center conditions, although diplomatic or consular officials 
were granted access in high profile cases.

    d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and 
detention were significant problems. The Emergency Law, which 
authorizes the Government to conduct preventive arrests, overrides 
Penal Code provisions against arbitrary arrest and detention, including 
the need to obtain warrants. Officials contend that the Emergency Law 
is applied only in narrowly defined cases, and in January 2001, the 
regional press reported that the Information Minister claimed that the 
authorities had frozen ``martial law.'' Nonetheless, in cases involving 
political or national security offenses, arrests often were carried out 
in secret. Suspects may be detained incommunicado for prolonged periods 
without charge or trial and are denied the right to a judicial 
determination regarding the pretrial detention. Some of these practices 
were prohibited by the state of emergency, but the authorities were not 
held to these strictures. Additionally, those suspected of political or 
national security offenses may be arrested and prosecuted under 
ambiguous and broad articles of the Penal Code, and subsequently tried 
in either the criminal or security courts, as occurred with the 10 
civil society activists arrested in August and September 2001. During 
the year, two were tried and sentenced in criminal court and eight were 
tried and sentenced in secrecy in the Supreme State Security Court 
under the Emergency Law's authority. All were initially held 
incommunicado and in solitary confinement, though the criminal court 
trials and initial sessions of one of the other trials were open to the 
press and diplomats.
    The Government detained relatives of detainees or of fugitives in 
order to obtain confessions or the fugitive's surrender (see Section 
1.f.). The Government also threatened families or friends of detainees, 
at times with the threat of expulsion, to ensure their silence, to 
force them to disavow publicly their relatives, or to force detainees 
into compliance.
    Defendants in civil and criminal trials had the right to bail 
hearings and the possible release from detention on their own 
recognizance. Bail was not allowed for those accused of state security 
offenses. Unlike defendants in regular criminal and civil cases, 
security detainees did not have access to lawyers prior to or during 
questioning.
    Detainees had no legal redress for false arrest. Security forces 
often did not provide detainees' families with information regarding 
their welfare or location while in detention. Consequently many persons 
who have disappeared in past years are believed to be in long-term 
detention without charge or possibly to have died in detention (see 
Section 1.b.). Many detainees brought to trial have been held 
incommunicado for years, and their trials often have been unfair (see 
Section 1.e.). In the past, there were reliable reports that the 
Government did not notify foreign governments when their citizens were 
arrested or detained.
    Pretrial detention may be lengthy, even in cases not involving 
political or national security offenses. The criminal justice system is 
backlogged. Many criminal suspects were held in pretrial detention for 
months and may have their trials extended for additional months. 
Lengthy pretrial detention and drawn-out court proceedings are caused 
by a shortage of available courts and the absence of legal provisions 
for a speedy trial or plea bargaining (see Section 1.e.).
    In May 2001, the Government released prominent political prisoner 
Nizar Nayyuf, who had been imprisoned since 1992 for founding an 
unlawful organization, disseminating false information, and undermining 
the Government; he immediately was placed under house arrest. In June 
2001, the Government allowed Nayyuf to leave the country for medical 
treatment. In September 2001, Nayyuf was summoned to appear before an 
investigating court to respond to a complaint against him filed by 
Ba'th party lawyers for ``inciting confessionalism, attempting to 
illegally change the Constitution, and publishing false reports 
abroad.'' Nayyuf had not returned by year's end. The NGO Reporters 
Without Borders (RSF) claimed that the Government harassed and 
intimidated members of Nayyuf's family following the issuance of the 
summons. The Government reportedly fired two members of his immediate 
family from their jobs. The municipality threatened to expel members of 
Nayyuf's family if they did not disavow publicly his statements (see 
Section 4).
    In August 2001, the Government arrested independent Member of 
Parliament Ma'mun Humsi during his hunger strike protesting official 
corruption, the excessive powers of the security forces, and the 
continuation of the Emergency Law. In a departure from previous 
practice, the Interior Ministry issued a statement justifying Humsi's 
arrest under Penal Code articles dealing with crimes against state 
security (see Section 3). In September 2001, the Government detained 
independent Member of Parliament Riad Seif shortly after Seif 
reactivated his unlicensed political discussion forum. The principal 
charge against both individuals was attempting to illegally change the 
Constitution (see Section 3). In March and April, Humsi and Seif were 
convicted in criminal court of attempting to change the Constitution 
illegally and each sentenced to 5 years in prison (see Section 1.e.).
    In September 2001, the Government detained prominent political 
activist and longtime detainee Riad al-Turk for violations of Penal 
Code articles dealing with crimes against state security, after al-Turk 
made derogatory public comments about late President Hafiz al-Asad. In 
June Al-Turk was convicted in closed Supreme State Security Court of 
attempting to change the Constitution illegally and sentenced to 30 
months in prison (see Section 1.e.). On November 16, President Asad 
ordered Al-Turk released on humanitarian grounds.
    In September 2001, the Government detained seven additional 
prominent human rights activists who had issued statements in support 
of Humsi, Seif, and al-Turk. The Government reportedly charged the 
seven activists under Penal Code articles dealing with crimes against 
state security (see Section 2.a.). Although all of the 10 civil society 
activists were arrested for Penal Code violations, only Humsi and Seif 
were tried in criminal court while all the others were tried in the 
Supreme State Security Court under the authority of the Emergency Law 
(see Section 1.e.).
    At year's end, the leaders of the Turkomen who reportedly were 
detained without charge in 1996, remained in detention.
    In 1999 and 2000, there were reports of arrests of hundreds of 
Syrian and Palestinian Islamists. Most of those arrested reportedly 
were released after signing an agreement not to participate in 
political activities; however, some may remain in detention. At year's 
end, there were no new reports on those detained. There were no 
credible reports that the Government arrested Islamists on political 
charges during the year.
    There were no reports of the arrests of minors on political charges 
during the year.
    In January 2001, the Jordanian press reported the release from 
Syrian jails of six Jordanian prisoners of Palestinian origin, who had 
been imprisoned for membership in Palestinian organizations. Between 
May and July 2000, there were unconfirmed reports that a large number 
of Jordanian prisoners were released. However, according to AI, only 
three of the Jordanians released in 2000 had been held for political 
reasons.
    In March 2001, Syrian intelligence officials in Lebanon arrested 
three Syrian Druze men who had converted to Christianity, possibly on 
suspicion of membership in Jehovah's Witnesses. The men were released 
after 2 months.
    In July and August 2001, there were unconfirmed regional press 
reports that approximately 500 political detainees were moved from 
Tadmur Prison to Saydnaya Prison in preparation for the eventual 
closing of Tadmur. In 2000 the Government also closed the Mazzah 
prison, which reportedly held numerous prisoners and detainees. In 
August, AI reported the release of Communist Action Party member 
Haytham Na'al after 27 years in prison.
    In 2000 the Government declared an amnesty for 600 political 
prisoners and detainees and a general pardon for some nonpolitical 
prisoners. The highly publicized amnesty was the first time the 
Government acknowledged detention of persons for political reasons. 
There were no credible reports of transfers of political prisoners 
during the year.
    Most of those arrested during crackdowns in the 1980s, in response 
to violent attacks by the Muslim Brotherhood, have been released; 
however, some may remain in prolonged detention without charge. Some 
union and professional association officials detained in 1980 may 
remain in detention (see Sections 2.b. and 6.a.).
    The number of remaining political detainees is unknown. In June 
2000, prior to the November 2000 prison amnesty, Amnesty International 
estimated that there were approximately 1,500 political detainees; many 
of the detainees reportedly were suspected supporters of the Muslim 
Brotherhood and the pro-Iraqi wing of the Ba'th party. There also were 
Jordanian, Lebanese, and Palestinian political detainees. Estimates of 
detainees are difficult to confirm because the Government does not 
verify publicly the number of detentions without charge, the release of 
detainees or amnestied prisoners, or whether detainees subsequently are 
sentenced to prison (see Section 1.e.).
    Former prisoners were subject to a so-called ``rights ban,'' which 
begins from the day of sentencing and lasts until 7 years after the 
expiration of the sentence, in the case of felony convictions. Persons 
subject to this ban are not allowed to vote, run for office, or work in 
the public sector; they often also are denied passports.
    The Constitution prohibits exile; however, the Government has 
exiled citizens in the past. The Government refused to reissue the 
passports of citizens who fled the country in the 1980s; such citizens 
consequently are unable to return to the country.
    There were no known instances of forced exile during the year.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, but the two exceptional courts dealing with 
cases of alleged national security violations were not independent of 
executive branch control. The regular court system generally displayed 
considerable independence in civil cases, although political 
connections and bribery at times influenced verdicts.
    The judicial system is composed of the civil and criminal courts, 
military courts, security courts, and religious courts, which 
adjudicate matters of personal status such as divorce and inheritance 
(see Section 5). The Court of Cassation is the highest court of appeal. 
The Supreme Constitutional Court is empowered to rule on the 
constitutionality of laws and decrees; it does not hear appeals.
    Civil and criminal courts are organized under the Ministry of 
Justice. Defendants before these courts were entitled to the legal 
representation of their choice; the courts appoint lawyers for 
indigents. Defendants were presumed innocent; they are allowed to 
present evidence and to confront their accusers. Trials are public, 
except for those involving juveniles or sex offenses. Defendants may 
appeal their verdicts to a provincial appeals court and ultimately to 
the Court of Cassation. Such appeals are difficult to win because the 
courts do not provide verbatim transcripts of cases--only summaries 
prepared by the presiding judges. There are no juries.
    Military courts have the authority to try civilians as well as 
military personnel. A military prosecutor decides the venue for a 
civilian defendant. There have been reports that the Government 
operates military field courts in locations outside established 
courtrooms. Such courts reportedly observed fewer of the formal 
procedures of regular military courts.
    In September a military court charged lawyer and Chairman of the 
Syrian Human Rights Committee, Haytham al-Maleh, and three of his 
associates in abstentia for spreading false news outside of the 
country, belonging to a political association of an international 
nature without government approval, and publishing material that causes 
sectarian friction.
    The two security courts are the Supreme State Security Court 
(SSSC), which tries political and national security cases, and the 
Economic Security Court (ESC), which tried cases involving financial 
crimes. Both courts operated under the state of emergency, not ordinary 
law, and did not observe constitutional provisions safeguarding 
defendants' rights.
    Charges against defendants in the SSSC often were vague. Many 
defendants appeared to be tried for exercising normal political rights, 
such as free speech. For example, the Emergency Law authorizes the 
prosecution of anyone ``opposing the goals of the revolution,'' 
``shaking the confidence of the masses in the aims of the revolution,'' 
or attempting to ``change the economic or social structure of the 
State.'' Nonetheless, the Government contends that the SSSC tries only 
persons who have sought to use violence against the State.
    Under SSSC procedures, defendants are not present during the 
preliminary or investigative phase of the trial, during which the 
prosecutor presents evidence. Trials usually were closed to the public. 
Lawyers were not ensured access to their clients before the trial and 
were excluded from the court during their client's initial 
interrogation by the prosecutor. Lawyers submitted written defense 
pleas rather than oral presentations. The State's case often was based 
on confessions, and defendants have not been allowed to argue in court 
that their confessions were coerced. There was no known instance in 
which the court ordered a medical examination for a defendant who 
claimed that he was tortured. The SSSC reportedly has acquitted some 
defendants, but the Government did not provide any statistics regarding 
the conviction rate. Defendants do not have the right to appeal 
verdicts, but sentences are reviewed by the Minister of Interior, who 
may ratify, nullify, or alter them. The President also may intervene in 
the review process.
    Accurate information regarding the number of cases heard by the 
SSSC was difficult to obtain, although hundreds of cases were believed 
to pass through the court annually. Many reportedly involved charges 
relating to membership in various banned political groups, including 
the Party of Communist Action and the pro-Iraqi wing of the Ba'th 
Party. Sentences as long as 15 years have been imposed in the past. 
Since 1997 there have been no visits by human rights NGOs to attend 
sessions of the SSSC (see Section 4).
    The 10 civil society activists arrested in August and September 
2001 were tried in criminal and state security courts. In February 
independent Parliamentarians Mamun Humsi and Riyad Seif were tried in 
criminal court proceedings that were open, for the first time, to 
foreign observers and the press. AI noted that their parliamentary 
immunity was lifted without due attention to the procedures established 
by law. Humsi and Seif were denied confidential access to their lawyers 
throughout their detention and observers noted a number of procedural 
irregularities during the trials. In March and April, respectively, the 
Government sentenced Humsi and Seif to 5 years' imprisonment each for 
attempting to change the constitution illegally and inciting racial and 
sectarian strife.
    During the year, the eight other civil society activists arrested 
in August and September 2001 were tried in secrecy by the Supreme State 
Security Court under authority of the Emergency Law. Only the first 
session of former political prisoner Riad al-Turk's trial was open to 
the media and international observers. Al-Turk was sentenced to 30 
months for attempting to change the Constitution illegally but was 
released by presidential decree in November (see Section 1.d.). Lawyer 
and member of Seif and Humsi's defense team, Habib Issa, and physician 
and cofounder of the Syrian Human Rights Society, Walid al-Buni, were 
each sentenced to 5 years in prison for attempting to change the 
Constitution illegally. Economist and regime critic Arif Dalila was 
sentenced to up to 10 years for the same offense. Civil society 
activist Habib Saleh received a 3-year sentence for opposing the 
objectives of the revolution and inciting ethnic and sectarian strife. 
Hassan Sa'dun, physician and member of the Committee for the Defense of 
Human Rights, Kamal al-Labwani, and engineer Fawaz Tillu were sentenced 
respectively to 2, 3, and 5 years in prison for instigating armed 
mutiny against the Government (see Sections 1.d., 2.a., and 3).
    The ESC tried persons for alleged violations of foreign exchange 
laws and other economic crimes. The prosecution of economic crimes was 
not applied uniformly. Like the SSSC, the ESC did not ensure due 
process for defendants. Defendants were not provided adequate access to 
lawyers to prepare their defenses, and the State's case usually was 
based on confessions. High-ranking government officials may influence 
verdicts. Those convicted of the most serious economic crimes do not 
have the right of appeal, but those convicted of lesser crimes may 
appeal to the Court of Cassation. The Economic Penal Code allowed 
defendants in economic courts to be released on bail. The bail 
provision does not extend to those accused of forgery, counterfeiting, 
or auto theft; however, the amendment is intended to provide relief for 
those accused of other economic crimes, many of whom have been in 
pretrial detention for long periods of time. These amendments to the 
Economic Penal Code also limit the categories of cases that can be 
tried in the ESC. In November 2001, the Government approved a general 
pardon for nonpolitical prisoners and a reduction of sentences by one-
third for persons convicted of economic crimes, with a provision to 
commute sentences entirely for persons who return embezzled funds to 
investors within 1 year of the law's effective date.
    At least two persons arrested when late President Asad took power 
in 1970 may remain in prison, despite the expiration of one of the 
prisoners' sentences.
    The Government in the past denied that it held political prisoners, 
arguing that although the aims of some prisoners may be political, 
their activities, including subversion, were criminal. The official 
media reported that the 600 beneficiaries of the November 2000 amnesty 
were political prisoners and detainees; this reportedly was the first 
time that the Government acknowledged that it held persons for 
political reasons. Nonetheless, the Emergency Law and the Penal Code 
are so broad and vague, and the Government's power so sweeping, that 
many persons were convicted and are in prison for the mere expression 
of political opposition to the Government. The Government's sentencing 
of 10 prominent civil society and human rights activists for ``crimes 
of state security'' represented a retreat from recent modest attempts 
at political liberalization (see Sections 1.d. and 2.a.).
    The exact number of political prisoners was unknown. Unconfirmed 
regional press reports estimated the total number of political 
prisoners at between 400 and 600. In April 2001, a domestic human 
rights organization estimated the number to be nearly 800, including 
approximately 130 belonging to the Islamic Liberation Party, 250 
members and activists associated with the Muslim Brotherhood, 150 
members of the pro-Iraq wing of the Ba'th Party, and 14 Communists. In 
its report for the year, the Syrian Human Rights Committee estimated 
that there were approximately 4,000 political prisoners still in 
detention.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--Although laws prohibit such actions, the Emergency Law 
authorizes the security services to enter homes and conduct searches 
without warrants if security matters, very broadly defined, are 
involved. The security services selectively monitored telephone 
conversations and fax transmissions. The Government opened mail 
destined for both citizens and foreign residents. It also prevented the 
delivery of human rights materials (see Section 2.a.).
    The Government continued its practice of threatening or detaining 
the relatives of detainees or of fugitives in order to obtain 
confessions, minimize outside interference, or prompt the fugitive's 
surrender (see Section 1.d.). There have been reports that security 
personnel force prisoners to watch relatives being tortured in order to 
extract confessions. According to AI, security forces also detained 
family members of suspected oppositionists (see Section 1.d.).
    In the past, the Government and the Ba'th Party monitored and 
attempted to restrict some citizens' visits to foreign embassies and 
cultural centers.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution provides for the 
right to express opinions freely in speech and in writing, but the 
Government restricted these rights significantly in practice. The 
Government strictly controlled the dissemination of information and 
permitted little written or oral criticism of President Asad, his 
family, the Ba'th Party, the military, or the legitimacy of the 
Government. The Government also did not permit sectarian issues to be 
raised. Detention and beatings for individual expressions of opinion 
that violate these unwritten rules at times occurred. The Government 
also threatened activists to attempt to control their behavior. In 
January 2001, novelist Nabil Sulayman was attacked outside his 
apartment in Latakia. Some observers believed the attack was a message 
from the Government to civil society advocates to moderate their 
pressure for reform. The attack came just after Information Minister 
Adnan 'Umran publicly criticized civil society advocates.
    In a speech in February 2001, President Asad explicitly criticized 
civil society advocates as elites ``from outside'' who wrongly claim to 
speak for the majority and said that openness would only be tolerated 
as long as it ``does not threaten the stability of the homeland or the 
course of development.'' The Government required all social, political, 
and cultural forums and clubs to obtain advance official approval for 
meetings, to obtain approval for lecturers and lecture topics, and to 
submit lists of all attendees (see Section 2.b.). During the year, 
several unapproved forums met, which while technically unhindered, were 
under government observation.
    In January 2001, the regional press reported on a ``Group of 
1,000'' intellectuals that issued a statement calling for more 
comprehensive reforms than those demanded by a group of 99 
intellectuals in September 2000. The group's statement called for 
lifting martial law, ending the state of emergency that has been in 
effect since 1963, releasing political prisoners, and expanding civil 
liberties in accordance with the provisions of the Constitution. 
Although the Government did not take action immediately against any of 
the signatories, in September 2001 it detained seven prominent human 
rights figures, reportedly charging them under articles in the Penal 
Code dealing with crimes against state security. A number of those 
detained were signatories of the ``Group of 1,000'' petition. The 
Government tried the 10 civil society and human rights activists in 
criminal and state security courts and sentenced them to 2 to 10 years 
in prison for crimes against state security (see Section 1.e.). In 
December 2000, a local human rights organization published an open 
letter in a Lebanese newspaper calling for the closure of the notorious 
Tadmur Prison.
    The Emergency Law and Penal Code articles dealing with crimes 
against state security allow the Government broad discretion in 
determining what constitutes illegal expression. The Emergency Law 
prohibits the publication of ``false information'', which opposes ``the 
goals of the revolution'' (see Section 1.e.). Penal Code articles 
prohibit ``attempting to illegally change the Constitution,'' 
``preventing authorities from executing their responsibilities,'' and 
``acts or speech inciting confessionalism.'' In August 2001, the 
Government amended the Press Law to permit the reestablishment of 
publications that were circulated prior to 1963 and established a 
framework in which the National Front Parties, as well as other 
approved private individuals and organizations, would be permitted to 
publish their own newspapers. However, the same amendments also 
stipulated imprisonment and stiff financial penalties as part of broad, 
vague provisions prohibiting the publication of ``inaccurate'' 
information, particularly if it ``causes public unrest, disturbs 
international relations, violates the dignity of the state or national 
unity, affects the morale of the armed forces, or inflicts harm on the 
national economy and the safety of the monetary system.'' Persons found 
guilty of publishing such information were subject to prison terms 
ranging from 1 to 3 years and fines ranging from $10,000 to $20,000 
(500,000 to 1 million Syrian pounds). The amendments also imposed 
strict punishments on reporters who do not reveal their government 
sources in response to government requests. Critics claimed that the 
amendment would increase self-censorship by journalists, and that it 
strengthened, rather than relaxed, restrictions on the press.
    The Government imprisoned journalists for failing to observe press 
restrictions. Official media reported that journalist Ibrahim Hamidi 
was arrested on December 23 on charges of ``publishing unfounded 
news,'' a violation of Article 51 of the 2001 Publication Law. Although 
the announcement did not specify the violation, it was believed to be a 
December 20 article in the London-based al-Hayat discussing the 
Government's contingency planning for possible hostilities in Iraq. At 
year's end, Hamidi still was detained by authorities and denied contact 
with his family. State security services were known to threaten local 
journalists, including with the removal of credentials, for articles 
printed outside the country. In April and May the Government refused to 
renew the press credentials and/or residency permits of several 
journalists for reasons including ``ill-intentioned reporting'' and 
``violating the rules for accrediting correspondents and the tradition 
of the profession of journalism.''
    The Ministry of Information and the Ministry of Culture and 
National Guidance censored domestic and imported foreign press. They 
usually prevent the publication or distribution of any material deemed 
threatening or embarrassing by the security services to high levels of 
the Government. Censorship usually was stricter for materials in 
Arabic. Commonly censored subjects included: The Government's human 
rights record; Islamic fundamentalism; allegations of official 
involvement in drug trafficking; aspects of the Government's role in 
Lebanon; graphic descriptions of sexual activity; material unfavorable 
to the Arab cause in the Middle East conflict; and material that was 
offensive to any of the country's religious groups. In addition most 
journalists and writers practiced self-censorship to avoid provoking a 
negative government reaction.
    There were several new private publications in 2000 and 2001, but 
only one appeared during this year. In January 2001, the Government 
permitted publication of the National Progressive Front's (NPF) 
Communist Party newspaper, The People's Voice. It became the first 
private paper distributed openly since 1963. In February 2001, the 
Government permitted publication of the NPF's Union Socialist Party's 
private newspaper, The Unionist. Also in February 2001, the Government 
permitted the publication of a private satirical weekly newspaper, The 
Lamplighter, which criticized politically nonsensitive instances of 
government waste and corruption. In June 2001, the Government permitted 
the publication of the private weekly newspaper The Economist, which 
was critical of the performance of the Government.
    In his July 2000 inaugural speech, President Bashar Al-Asad 
emphasized the principle of media transparency. Since July 2000, both 
the print and electronic media at times have been critical of Ba'th 
Party and government performance and have reported openly on a range of 
social and economic issues. While this relaxation of censorship did not 
extend to domestic politics or foreign policy issues, it was a notable 
departure from past practice. Some Damascus-based correspondents for 
regional Arab media also were able to file reports on internal 
political issues, such as rumored governmental changes, new political 
discussion groups, and the possible introduction of new parties to the 
Ba'th Party-dominated National Progressive Front.
    The media continued to broaden somewhat their reporting on regional 
developments, including the Middle East peace process. The media 
covered some peace process events factually, but other events were 
reported selectively to support official views. The Government-
controlled press increased its coverage of official corruption and 
governmental inefficiency. A few privately owned newspapers published 
during the year; foreign-owned, foreign-published newspapers continued 
to circulate relatively freely.
    The Government or the Ba'th Party owned and operated the radio and 
television companies and most of the newspaper publishing houses. The 
Ministry of Information closely monitored radio and television news 
programs to ensure adherence to the Government line. The Government did 
not interfere with broadcasts from abroad. Satellite dishes have 
proliferated throughout all regions and in neighborhoods of all social 
and economic categories, and in 2001 the Minister of Economy and 
Foreign Trade authorized private sector importers to import satellite 
receivers and visual intercommunication systems.
    The Ministry of Culture and National Guidance censored fiction and 
nonfiction works, including films. It also approved which films may or 
may not be shown at the cultural centers operated by foreign embassies. 
The Government prohibited the publication of books and other materials 
in Kurdish; however, there were credible reports that Kurdish language 
materials were available in the country (see Section 5).
    In 2000 cellular telephone service was introduced although its high 
cost severely limited the number of subscribers. Internet access and 
access to e-mail was limited but growing. The Government blocked access 
to selected Internet sites that contained information deemed 
politically sensitive or pornographic in nature. The Government also 
consistently blocked citizens' access to servers that provide free e-
mail services. The Government has disrupted telephone services to the 
offices and residences of several foreign diplomats, allegedly because 
the lines were used to access Internet providers outside the country.
    The Government restricted academic freedom. Public school teachers 
were not permitted to express ideas contrary to government policy, 
although authorities allowed somewhat greater freedom of expression at 
the university level.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
assembly does not exist under the law. Citizens may not hold 
demonstrations unless they obtain permission from the Ministry of 
Interior. Most public demonstrations were organized by the Government 
or the Ba'th Party. The Government selectively permitted some 
demonstrations, usually for political reasons. The Government applied 
the restrictions on public assembly in Palestinian refugee camps, where 
controlled demonstrations have been allowed.
    During the year there continued to be numerous demonstrations, most 
of which were permitted or organized by the Government, and some of 
which were directed against diplomatic missions and international 
agencies in reaction to the Israeli government's use of force against 
Palestinians in Israel, the West Bank, and Gaza.
    In 2000 there were large demonstrations in Suwayda province 
following violent clashes between Bedouin shepherds and Druze residents 
of the province (see Sections 1.a. and 5).
    The Government restricted freedom of association. During the year, 
it required private associations to register with authorities and 
denied several such requests, presumably on political grounds. The 
Government usually granted registration to groups not engaged in 
political or other activities deemed sensitive. The Government required 
political forums and discussion groups to obtain prior approval to hold 
lectures and seminars and to submit lists of all attendees. Despite 
these restrictions, during the year several domestic human rights and 
civil society groups held meetings without registering with the 
Government or obtaining prior approval for the meetings.
    The authorities did not allow the establishment of independent 
political parties (see Section 3).
    The Government sentenced 10 human rights activists who had called 
for the expansion of civil liberties and organized public dialogue to 
lengthy prison stays for committing crimes against state security (see 
Sections 1.d. and 2.a.).
    In 1980 the Government dissolved, and then reconstituted under its 
control, the executive boards of professional associations after some 
members staged a national strike and advocated an end to the state of 
emergency. The associations have not been independent since that time 
and generally are led by members of the Ba'th Party, although nonparty 
members may serve on their executive boards. At year's end, there was 
no new information on whether any persons detained in 1980 crackdowns 
on union and professional association officials remained in detention 
(see Sections 1.d. and 6.a.).

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice; however, it imposed restrictions in some areas. The 
Constitution requires that the President be a Muslim. There is no 
official state religion; Sunni Muslims constitute the majority of the 
population.
    All religions and orders must register with the Government, which 
monitors fund raising and requires permits for all meetings by 
religious groups, except for worship. There is a strict separation of 
religious institutions and the state. Religious groups tended to avoid 
any involvement in internal political affairs. The Government in turn 
generally refrained from becoming involved in strictly religious 
issues.
    The Government considers militant Islam a threat and follows 
closely the practice of its adherents. The Government has allowed many 
new mosques to be built; however, sermons are monitored and controlled, 
and mosques are closed between prayers.
    In 1999 and 2000, there were large-scale arrests, and torture in 
some cases, of Syrian and Palestinian Islamists affiliated with the 
Muslim Brotherhood and the Islamic Salvation Party (see Sections 1.c. 
and 1.d.).
    Officially all schools are government run and nonsectarian, 
although some schools are run in practice by Christian, Druze, and 
Jewish minorities. There is mandatory religious instruction in schools, 
with government-approved teachers and curriculums. Religion courses are 
divided into separate classes for Muslim, Druze, and Christian 
students. Although Arabic is the official language in public schools, 
the Government permits the teaching of Armenian, Hebrew, Syriac 
(Aramaic), and Chaldean in some schools on the basis that these are 
``liturgical languages.''
    Religious groups are subject to their respective religious laws on 
marriage, divorce, child custody, and inheritance (see Section 5).
    Government policy officially disavows sectarianism of any kind. 
However, in the case of Alawis, religious affiliation can facilitate 
access to influential and sensitive posts. For example, members of the 
President's Alawi sect hold a predominant position in the security 
services and military, well out of proportion to their percentage of 
the population, estimated at 12 percent (see Section 3).
    For primarily political rather than religious reasons, the less 
than 100 Jews remaining in the country generally are barred from 
government employment and do not have military service obligations. 
Jews are the only religious minority group whose passports and identity 
cards note their religion.
    There generally was little societal discrimination or violence 
against religious minorities, including Jews.
    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 limited freedom of 
movement. The Government restricted travel near the Golan Heights. 
Travel to Israel was illegal. Exit visas generally no longer were 
required for women, men over 50 years old, and citizens living abroad. 
Individuals have been denied permission to travel abroad on political 
grounds, although government officials deny that this practice occurs. 
The authorities may prosecute any person found attempting to emigrate 
or to travel abroad illegally, or who has been deported from another 
country, or who is suspected of having visited Israel. Women over the 
age of 18 have the legal right to travel without the permission of male 
relatives. However, a husband or a father may file a request with the 
Ministry of Interior to prohibit his wife or daughter's departure from 
the country (see Section 5). Security checkpoints continued, although 
primarily in military and other restricted areas. There were few police 
checkpoints on main roads and in populated areas. Generally the 
security services set up checkpoints to search for smuggled goods, 
weapons, narcotics, and subversive literature. The searches took place 
without warrants.
    The Government has refused to recognize the citizenship of or to 
grant identity documents to some persons of Kurdish descent. Their lack 
of citizenship or identity documents restricts them from traveling to 
and from the country (see Section 5). Emigres who did not complete 
mandatory military service may pay a fee to avoid being conscripted 
while visiting the country.
    As of June, 401,185 Palestinian refugees were registered with the 
U.N. Relief and Works Agency (UNRWA) in the country. In general 
Palestinian refugees no longer report unusual difficulties travelling 
in and out of the country, as has been the case in the past. The 
Government restricted entry by Palestinians who were not resident in 
the country.
    Citizens of Arab League countries may enter the country without a 
visa for a stay of up to 3 months, a period that is renewable on 
application to government authorities. Residency permits require proof 
of employment and a fixed address 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 or its 1967 Protocol. The Government cooperates on a 
case-by-case basis with the office of the United Nations High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in assisting refugees. The Government provides first asylum but is 
selective about extending protection to refugees; 2,260 persons sought 
asylum during the year. Although the Government denied that it forcibly 
repatriated persons with a valid claim to refugee status, it apparently 
did so in the past. In September there were 3,018 non-Palestinian 
refugees in the country, all of whom were receiving assistance from the 
UNHCR, including 1,812 refugees of Iraqi origin.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Although citizens vote for the President and Members of Parliament, 
they did not have the right to change their government. The late 
President Hafiz Al-Asad was confirmed by unopposed referenda five times 
after taking power in 1970. His son, Bashar Al-Asad, also was confirmed 
by an unopposed referendum in July 2000. The Government is headed by a 
Cabinet, which the President has the discretion to change. Political 
opposition to the President is vigorously suppressed. The President and 
his senior aides, particularly those in the military and security 
services, ultimately make most basic decisions in political and 
economic life, with a very limited degree of public accountability. 
Moreover the Constitution mandates that the Ba'th Party is the ruling 
party and is ensured a majority in all government and popular 
associations, such as workers' and women's groups. Six smaller 
political parties are permitted to exist and, along with the Ba'th 
Party, make up the National Progressive Front (NPF), a grouping of 
parties that represents the sole framework of legal political party 
participation for citizens. While created to give the appearance of a 
multiparty system, the NPF is dominated by the Ba'th Party and does not 
change the essentially one-party character of the political system. 
Non-Ba'th Party members of the NPF exist as political parties largely 
in name only and conform strictly to Ba'th Party and government 
policies. In 2000 there were reports that the Government was 
considering legislation to expand the NPF to include new parties and 
several parties previously banned; however, at year's end, there were 
no new developments.
    The Ba'th Party dominates the Parliament, which is known as the 
People's Council. Although parliamentarians may criticize policies and 
modify draft laws, the executive branch retains ultimate control over 
the legislative process. The Government has allowed independent non-NPF 
candidates to run for a limited allotment of seats in the 250-member 
People's Council. The allotment of non-NPF deputies was 83, ensuring a 
permanent absolute majority for the Ba'th Party-dominated NPF. 
Elections for the 250 seats in the People's Council last took place in 
1998.
    In March and April, the Government sentenced independent Members of 
Parliament Ma'mun Humsi and Riad Seif to 5 year prison terms for 
attempting to illegally change the Constitution (see Section 1.d.).
    Persons convicted by the State Security Court may be deprived of 
their political rights after they are released from prison. Such 
restrictions include a prohibition against engaging in political 
activity, the denial of passports, and a bar on accepting government 
jobs and some other forms of employment. The duration of such 
restrictions is 7 years after expiration of the sentence in the case of 
felony convictions; however, in practice the restrictions may continue 
beyond that period. The Government contends that this practice is 
mandated by the Penal Code; it has been in effect since 1949.
    Women and minorities, with the exception of the Jewish population 
and stateless Kurds (see Section 5), participated in the political 
system without restriction. There were 2 female cabinet ministers, and 
26 of the 250 members of Parliament were women. No figures of the 
percentage of women and minorities who vote were available; however, 
citizens are required by law to vote.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government did not allow domestic human rights groups to exist 
legally. Human rights groups have operated legally but ultimately were 
banned by the Government. The Government's sentencing of 10 civil 
society leaders this year to lengthy prison sentences stifled the 
activities of human rights activists and organizations (see Sections 
1.d., 1.e., and 2.a.).
    In February 2001, Human Rights Watch criticized the Government for 
restricting civil society groups from meeting. Human Rights Watch 
claimed that such groups had grown in popularity in the preceding 
months, but that on February 18, 2001 the Government informed many 
leaders of such groups that their meetings could not be held without 
government permission.
    The Government has met only twice with international human rights 
organizations: Human Rights Watch in 1995 and Amnesty International in 
1997.
    As a matter of policy, the Government in its dealings with 
international groups denied that it commits human rights abuses. It has 
not permitted representatives of international organizations to visit 
prisons. The Government stated that it responds in writing to all 
inquiries from NGOs regarding human rights issues, including the cases 
of individual detainees and prisoners, through an interagency 
governmental committee established expressly for that purpose. The 
Government usually responds to queries from human rights organizations 
and foreign embassies regarding specific cases by claiming that the 
prisoner in question has violated national security laws.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution provides for equal rights and equal opportunity 
for all citizens. However, in practice membership in the Ba'th Party or 
close familial relations with a prominent party member or powerful 
government official can be important for economic, social, or 
educational advancement. Party or government connections paved the way 
for entrance into better elementary and secondary schools, access to 
lucrative employment, and greater power within the Government, the 
military, and the security services. Certain prominent positions, such 
as that of provincial governor, were reserved solely for Ba'th Party 
members. Apart from some discrimination against Jews and stateless 
Kurds, there were no apparent patterns of systematic government 
discrimination based on race, sex, disability, language, or social 
status. However, there were varying degrees of societal discrimination 
in each of these areas.

    Women.--Violence against women occurred, but there were no reliable 
statistics regarding the prevalence of domestic violence or sexual 
assault. The vast majority of cases likely were unreported, and victims 
generally were reluctant to seek assistance outside the family. 
Battered women have the legal right to seek redress in court, but few 
do so because of the social stigma attached to such action. The Syrian 
Women's Federation offers services to battered wives to remedy 
individual family problems. The Syrian Family Planning Association also 
attempts to deal with this problem. Some private groups, including the 
Family Planning Association, have organized seminars on violence 
against women, which were reported by the Government press. There are a 
few private, nonofficial, specifically designated shelters or safe 
havens for battered women who seek to flee their husbands.
    Rape is a felony; however, there are no laws against spousal rape.
    Prostitution is prohibited by law, and it was not a widespread 
problem.
    The law specifically provides for reduced sentences in ``honor'' 
crimes (violent assaults with intent to kill against a female by a male 
for alleged sexual misconduct). Instances of honor crimes were rare and 
occurred primarily in rural areas in which Bedouin customs prevail.
    The law prohibits sexual harassment and specifies different 
punishments depending on whether the victim is a minor or an adult. 
Sexual harassment was rarely reported.
    The Constitution provides for equality between men and women and 
equal pay for equal work. Moreover the Government has sought to 
overcome traditional discriminatory attitudes toward women and 
encourages women's education. However, the Government has not yet 
changed personal status, retirement, and social security laws that 
discriminate against women. In addition, some secular laws discriminate 
against women. For example, under criminal law, the punishment for 
adultery for a woman is twice that as for the same crime committed by a 
man.
    Christians, Muslims, and other religious groups are subject to 
their respective religious laws on marriage, divorce, and inheritance. 
For Muslims, personal status law on divorce is based on Shari'a 
(Islamic law), and some of its provisions discriminate against women. 
For example, husbands may claim adultery as grounds for divorce, but 
wives face more difficulty in presenting the same argument. If a woman 
requests a divorce from her husband, she may not be entitled to child 
support in some instances. In addition, under the law a woman loses the 
right to custody of boys when they reach age 9 and girls at age 12.
    Inheritance for Muslims also is based on Shari'a. Accordingly 
Muslim women usually are granted half of the inheritance share of male 
heirs. However, Shari'a mandates that male heirs provide financial 
support to the female relatives who inherit less. If they do not, 
females have the right to sue.
    Polygyny is legal but is practiced only by a small minority of 
Muslim men.
    A husband may request that his wife's travel abroad be prohibited 
(see Section 2.d.). Women generally are barred from travelling abroad 
with their children unless they are able to prove that the father has 
granted permission for the children to travel.
    Women participated actively in public life and were represented in 
most professions, including the military. Women were not impeded from 
owning or managing land or other real property. Women constituted 
approximately 7 percent of judges, 10 percent of lawyers, 57 percent of 
teachers below university level, and 20 percent of university 
professors.

    Children.--There was no legal discrimination between boys and girls 
in education or in health care. The Government provides free, public 
education from primary school through university. Education is 
compulsory for all children, male or female, between the ages of 6 and 
12. According to the Syrian Women's Union, approximately 46 percent of 
the total number of students through the secondary level are female. 
Nevertheless, societal pressure for early marriage and childbearing 
interferes with girls' educational progress, particularly in rural 
areas, in which the dropout rates for female students remained high.
    The Government provides medical care for children until the age of 
18.
    Although there are cases of child abuse, there is no societal 
pattern of abuse against children. The law provides for severe 
penalties for those found guilty of the most serious abuses against 
children.
    Child prostitution and trafficking in children are rare; incidents 
that arise mainly involve destitute orphans.
    The law emphasizes the need to protect children, and the Government 
has organized seminars regarding the subject of child welfare.

    Persons with Disabilities.--The law prohibits discrimination 
against persons with disabilities and seeks to integrate them into the 
public sector work force. However, implementation is inconsistent. 
Regulations reserving four percent of government and public sector jobs 
for persons with disabilities are not implemented rigorously. Persons 
with disabilities may not legally challenge alleged instances of 
discrimination. There are no laws that mandate access to public 
buildings for persons with disabilities.

    National/Racial/Ethnic Minorities.--The Government generally 
permitted national and ethnic minorities to conduct traditional, 
religious, and cultural activities; however, the Government's attitude 
toward the Kurdish minority was a significant exception. Although the 
Government contends that there was no discrimination against the 
Kurdish population, it placed limits on the use and teaching of the 
Kurdish language. It also restricted the publication of books and other 
materials written in Kurdish (see Section 2.a.), Kurdish cultural 
expression, and, at times, the celebration of Kurdish festivals. The 
Government tacitly accepted the importation and distribution of Kurdish 
language materials, particularly in the northeast region where most of 
the Kurds in the country reside. Some members of the Kurdish community 
have been tried by the Supreme State Security Court for expressing 
support for greater Kurdish autonomy or independence. Although the 
Government stopped the practice of stripping Kurds of their Syrian 
nationality (some 120,000 had lost Syrian nationality under this 
program in the 1960s), it never restored the nationality to those who 
lost it earlier. As a result, those who had lost their nationality, and 
their children, have been unable to obtain passports, or even 
identification cards and birth certificates. Without Syrian 
nationality, these stateless Kurds, who according to UNHCR estimates 
number approximately 200,000, are unable to own land, are not permitted 
to practice as doctors or engineers or be employed by the Government, 
are ineligible for admission to public hospitals, have no right to 
vote, and cannot travel to and from the country. They also encounter 
difficulties in enrolling their children in school, and in some cases, 
in registering their marriages.
    In November 2000, a number of armed clashes occurred between 
Bedouin shepherds and Druze residents of Suwayda Province that required 
government military intervention to stop. Local press reported that 
between 15 and 20 Druze, Bedouin, and security forces personnel were 
killed. There were large demonstrations following the deaths (see 
Sections 1.a. and 2.b.).
    In August President Asad became the first president in 40 years to 
visit Hasakeh province in the northeast, where most Kurds reside. In 
meetings with regional and Kurdish leaders, he reportedly acknowledged 
the importance of Kurds to the local cultural heritage and stated his 
willingness to discuss citizenship problems.

Section 6. Worker Rights

    a. The Right of Association.--Although the Constitution provides 
for this right, workers were not free to establish unions independent 
of the Government. All unions must belong to the General Federation of 
Trade Unions (GFTU), which is dominated by the Ba'th Party and is in 
fact a part of the State's bureaucratic structure. The GFTU is an 
information channel between political decision-makers and workers. The 
GFTU transmits instructions downward to the unions and workers but also 
conveys information to decision-makers about worker conditions and 
needs. The GFTU advises the Government on legislation, organizes 
workers, and formulates rules for various member unions. The GFTU 
president is a senior member of the Ba'th Party. He and his deputy may 
attend cabinet meetings on economic affairs. The GFTU controls nearly 
all aspects of union activity.
    There were no reports of antiunion discrimination. Since the unions 
are part of the Government's bureaucratic structure, they are protected 
by law from antiunion discrimination.
    The GFTU is affiliated with the International Confederation of Arab 
Trade Unions.
    In 1992 the country's eligibility for tariff preferences under the 
U.S. Generalized System of Preferences was suspended because the 
Government failed to afford internationally recognized worker rights to 
workers.

    b. The Right to Organize and Bargain Collectively.--The right to 
organize and bargain collectively does not exist in any meaningful 
sense. Government representatives were part of the bargaining process 
in the public sector. In the public sector, unions did not normally 
bargain collectively on wage issues, but there was some evidence that 
union representatives participated with representatives of employers 
and the supervising ministry in establishing minimum wages, hours, and 
conditions of employment. Workers serve on the boards of directors of 
public enterprises, and union representatives always are included on 
the boards.
    The law provides for collective bargaining in the private sector, 
although past repression by the Government dissuaded most workers from 
exercising this right.
    Unions have the right to litigate disputes over work contracts and 
other workers' interests with employers and may ask for binding 
arbitration. In practice labor and management representatives settle 
most disputes without resort to legal remedies or arbitration. 
Management has the right to request arbitration, but that right seldom 
is exercised. Arbitration usually occurs when a worker initiates a 
dispute over wages or severance pay.
    The law does not prohibit strikes; however, previous government 
crackdowns deterred workers from striking. In 1980 the security forces 
arrested many union and professional association officials who planned 
a national strike. Some of them are believed to remain in detention, 
either without trial or after being tried by the State Security Court 
(see Sections 1.d. and 2.b.). During the year, there were no strikes.
    There are no unions in the seven free trade zones. Firms in the 
zones are exempt from the laws and regulations governing hiring and 
firing, although they must observe some provisions on health, safety, 
hours, and sick and annual leave.

    c. Prohibition of Forced or Bonded Labor.--There is no law 
prohibiting forced or bonded labor, including that performed by 
children. There were no reports of forced or bonded labor by children, 
or forced labor involving foreign workers or domestic servants. Forced 
labor has been imposed as a punishment for some convicted prisoners.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Labor Law provides for the protection of children from 
exploitation in the workplace; however, the Government tolerated child 
labor in some instances. Independent information and audits regarding 
government enforcement were not available. The compulsory age for 
schooling is 6 to 12 years of age; however, in 2000 the Parliament 
approved legislation that raised the private sector minimum age for 
employment from 12 to 15 years for most types of nonagricultural labor, 
and from 16 to 18 years for heavy work. Working hours for youths of 
legal age do not differ from those established for adults. In all 
cases, parental permission is required for children under the age of 
16. The law prohibits children from working at night. However, the law 
applies only to children who work for a salary. Those who work in 
family businesses and who technically are not paid a salary--a common 
phenomenon--do not fall under the law. Children under the age of 16 are 
prohibited by law from working in mines, at petroleum sites, or in 
other dangerous fields. Children are not allowed to lift, carry, or 
drag heavy objects. The exploitation of children for begging purposes 
also is prohibited. The Government claims that the expansion of the 
private sector has led to more young children working.
    The Ministry of Labor and Social Affairs monitored employment 
conditions for persons under the age of 18, but it does not have enough 
inspectors to ensure compliance with the laws. The Ministry has the 
authority to specify the industries in which children 15 and 16 years 
of age may work.
    The Labor Inspection Department performed unannounced spot checks 
of employers on a daily basis to enforce the law; however, the scope of 
these checks was unknown. The majority of children under age 16 who 
work did so for their parents in the agricultural sector without 
remuneration. The ILO reported in 1998 that 10.5 percent of children 
under the age of 18 participate in the labor force, which amounts to 
4.7 percent of the total work force.
    The law does not prohibit forced or bonded labor by children; 
however, such practices were not known to occur.

    e. Acceptable Conditions of Work.--The Minister of Labor and Social 
Affairs is responsible for enforcing minimum wage levels in the public 
and private sectors. In May the Government increased public sector 
minimum wages by 20 percent to $69 (3,175 Syrian pounds) per month, 
plus other compensation (for example, meals, uniforms, and 
transportation). In August the Government announced a 20 percent 
increase in private sector minimum wages. The gain in minimum wage 
levels was largely cancelled out by the increase in prices. These wages 
did not provide a decent standard of living for a worker and family. As 
a result, many workers in both the public and private sectors take 
additional jobs or are supported by their extended families.
    The statutory workweek for administrative staff is 6 days of 6 
hours each, and laborers work 6 days a week of 8 hours each. In some 
cases a 9-hour workday is permitted. The laws mandate one 24-hour rest 
day per week. Rules and regulations severely limit the ability of an 
employer to dismiss employees without cause. Even if a person is absent 
from work without notice for a long period, the employer must follow a 
lengthy procedure of trying to find the person and notify him, 
including through newspaper notices, before he is able to take any 
action against the employee. Dismissed employees have the right of 
appeal to a committee of representatives from the union, management, 
the Ministry of Labor and Social Affairs, and the appropriate 
municipality. Such committees usually find in favor of the employee. 
Dismissed employees are entitled to 80 percent of salary benefits while 
the dispute is under consideration. No additional back wages are 
awarded should the employer be found at fault, nor are wage penalties 
imposed in cases in which the employer is not found at fault. The law 
does not protect temporary workers who are not subject to regulations 
on minimum wages. Small private firms and businesses employ such 
workers to avoid the costs associated with hiring permanent employees.
    The law mandates safety in all sectors, and managers are expected 
to implement them fully. In practice there is little enforcement 
without worker complaints, which occur infrequently despite government 
efforts to post notices regarding safety rights and regulations. Large 
companies, such as oil field contractors, employ safety engineers.
    The ILO noted in 1998 that a provision in the Labor Code allowing 
employers to keep workers at the workplace for as many as 11 hours a 
day might lead to abuse. However, there have been no reports of such 
abuses. Officials from the Ministries of Health and Labor are 
designated to inspect work sites for compliance with health and safety 
standards; however, such inspections appear to be sporadic, apart from 
those conducted in hotels and other facilities that cater to 
foreigners. The enforcement of labor laws in rural areas also is more 
lax than in urban areas, where inspectors are concentrated. Workers may 
lodge complaints about health and safety conditions, with special 
committees established to adjudicate such cases. Workers have the right 
to remove themselves from hazardous conditions without risking loss of 
employment.
    The law provides protection for foreign workers who reside legally 
in the country; but not for illegal workers. There were no credible 
estimates available on the number of illegal workers in the country.

    f. Trafficking in Persons.--There are no laws that specifically 
prohibit trafficking in persons; however, there were no reports that 
persons were systematically being trafficked to, from, or within the 
country. Standard labor laws could be applied in the event of 
allegations of trafficking. The Penal Code penalizes prostitution and 
trafficking of citizen women abroad.
                              ----------                              


                                TUNISIA

    Tunisia is a constitutional republic dominated by a single 
political party. President Zine El-Abidine Ben Ali and his 
Constitutional Democratic Rally (RCD) party have controlled the 
Government, including the legislature, since 1987. This dominance was 
reaffirmed in an overwhelming RCD victory in the October 1999 
legislative and presidential elections. Although 1999 revisions to the 
Constitution allowed 2 opposition candidates to run against Ben Ali in 
the elections, the official results stated that Ben Ali won 99.44 
percent of the vote. The ruling RCD party's domination of state 
institutions and political activity precludes credible and competitive 
electoral challenges from unsanctioned actors. Approximately 20 percent 
of representation in the Chamber of Deputies is reserved for opposition 
parties (34 of 182 seats). On June 1, nearly half the Constitution was 
amended after the Government initiated changes that, among other 
things, removed term limits for the presidency, raised the age limit of 
presidential candidates, granted immunity to the president for acts 
committed while in office, and created a second legislative chamber. In 
May the Government had put the amendment reforms to a national 
referendum and stated that it passed with 99.52 percent of the vote, 
though credible reports indicated that the vote was characterized by 
intimidation and that there was no secret ballot. The next presidential 
election is scheduled for 2004. The President appoints the Prime 
Minister, the Cabinet, and the 24 governors. There were reports of 
government pressure and interference during voting for the May 26 
constitutional referendum and some NGOs condemned the Government's 
amendment plan as a reinstatement of a ``presidency-for-life.'' 
Although the Constitution provides for an independent judiciary, the 
executive branch and the President strongly influenced judicial 
decisions, particularly in political cases.
    The police share responsibility for internal security with a 
paramilitary National Guard. The police operated in the capital and a 
few other cities. In outlying areas, their policing duties were shared 
with, or ceded to, the National Guard. Both forces were under the 
control of the Minister of Interior and the President. Security forces 
continued to commit serious human rights abuses.
    The country had a population of 9.7 million with an export-oriented 
market economy based on manufactured exports, tourism, agriculture, and 
petroleum. According to government statistics, more than 60 percent of 
citizens are in the middle class and only 4.2 percent of citizens fell 
below the poverty line.
    The Government generally respected the rights of its citizens in 
some areas; however, its record remained poor in other areas, and 
significant problems remained. There were significant limitations on 
citizens' right to change their government. Members of the security 
forces tortured and physically abused prisoners and detainees. Security 
forces arbitrarily arrested and detained persons. International 
observers were not allowed to inspect prisons, and lengthy pretrial 
detention and incommunicado detention remained problems. The Government 
infringed on citizens' privacy rights. Security forces physically 
abused, intimidated, and harassed citizens who voiced public criticism 
of the Government. The Government continued to impose significant 
restrictions on freedom of speech and of the press. Editors and 
journalists continued to practice self-censorship. The Government 
remained intolerant of public criticism, using physical abuse, criminal 
investigations, the court system, arbitrary arrests, and travel 
controls (including denial of passports), to discourage criticism and 
limit the activities of human rights activists. The Government 
restricted freedom of assembly and association. The Government did not 
permit proselytizing. The Government continued to support the rights of 
women and children; however, legal discrimination against women 
continued to exist. Child labor existed but continued to decline, due 
principally to government efforts to address the problem. Tunisia 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 political killings; however, during the year there were 
allegations of three deaths in custody in which members of the security 
forces were involved directly or in which they were accused of 
complicity. In March the National Council for Liberties in Tunisia 
(CNLT) released its second report on the state of liberties in the 
country that described incidents in 2000 and 2001 of five suspicious 
deaths in custody that the police classified as suicides and roadside 
deaths the police classified as vehicle accidents.
    In March the Tunisian Human Rights League (LTDH) branch in Medenine 
investigated the death in police custody of Imed Ben Ali Bourguiba. The 
police claimed that Bourguiba committed suicide on March 14. No 
information on his death was made public.
    On March 23, Abdelwahab Boussaa, a 32-year-old an-Nahdha member who 
had been imprisoned since 1991 for membership in an illegal 
organization, died in prison of acute renal failure caused by a hunger 
strike protesting prison conditions and torture by prison authorities.
    On March 30, Lakhdar Ben Hacine Zbiri, a 36-year-old an-Nahdha 
member, died in prison allegedly as a result of neglect. Prison 
officials were accused of denying Zbiri, who was diagnosed earlier with 
leukemia, adequate medical care.
    The Government did not release any information on the following 
deaths in custody reported in 2001: Abderrahman Jehinaoui; Ryadh 
Bouslama Sayadi; Zine Ben Brik; and Hassene Azouzi.
    In 2001 the Government sentenced to prison terms some security 
officials found responsible for deaths in custody (see Section 1.c.).

    b. Disappearance.--There were no reports of politically motivated 
disappearances.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Penal Code prohibits the use of torture and other 
cruel, inhuman, or degrading treatment or punishment; however, security 
forces reportedly routinely used various methods of torture to coerce 
confessions from detainees and to punish political prisoners. The forms 
of torture included electric shock; confinement to tiny, unlit cells; 
submersion of the head in water; beatings with hands, sticks, and 
police batons; suspension from cell doors resulting in lost 
consciousness; cigarette burns, and food and sleep deprivation. Police 
also reportedly beat naked, manacled prisoners while they were 
suspended from a rod. Some credible reports indicated the use of sexual 
assault and threats of sexual assault by police and prison officials 
against the wives of Islamist prisoners to extract information or to 
intimidate or punish prisoners.
    In June Ali Mansouri, a prisoner who alleged he was severely beaten 
by prison guards, received the final payment in compensation for 
amputation of both legs as a result of mistreatment received in prison. 
In the first case of its kind, Mansouri filed criminal charges against 
the mistreatment by prison guards in 2000. In 2001 the court found four 
guards guilty of torture and sentenced them each to 4 years in prison. 
It also ordered the Government to pay $210,000 (315,000 dinars) in 
compensation to Mansouri. On January 25, the Mansouri decision was 
reviewed by the Criminal Court of Appeal. The court upheld convictions 
of three of the guards, sentencing two of them to 4 years imprisonment 
and reducing the sentence of a third guard to 2 years. The court 
overturned the conviction of the fourth guard.
    According to Amnesty International (AI) and defense attorneys, the 
courts routinely failed to investigate allegations of torture and 
mistreatment and have accepted as evidence confessions extracted under 
torture. In 1999 the Government enacted amendments to the Penal Code 
that adopted the U.N. definition of torture, instructed police to 
inform detainees of their rights, including, notably, the right of a 
defendant to demand a medical examination while in detention, and 
increased the maximum penalty for those convicted of committing acts of 
torture from 5 to 8 years. The Government also shortened the maximum 
allowable period of prearraignment incommunicado detention from 10 to 6 
days and added a requirement that the police notify suspects' families 
on the day of their arrest (see Section 1.d.). However, credible 
sources claimed that the Government rarely enforced these provisions 
and that appeals to the court for enforcement routinely were denied.
    Credible reports indicated that police tortured Lofti Ferhat, a 39-
year-old former courier who had been living in France before his 2000 
arrest. During his incommunicado detention at the Ministry of Interior, 
he signed an admission of membership in a group linked to an-Nahdha. In 
2001 a military court convened to hear the case against Ferhat and, 
based on the signed admission extracted under torture by authorities, 
sentenced him to 7 years in prison plus 5 years of administrative 
control. In May the Court of Cassation upheld his sentence and ruled 
that the defendant's claims of torture were inadmissible in the appeal 
hearing (see Section 1.e.).
    In June the LTDH released a report citing that the human rights 
situation in the country had ``seriously deteriorated.'' The report, 
the first publicly released since 1994, cited several instances of 
torture and deaths in prison. In July the League announced that it 
would prepare a report specifically aimed at documenting the situation 
in the prisons and estimated the prison population to be more than 
30,000.
    Human rights advocates maintained that charges of torture and 
mistreatment were difficult to document because government authorities 
often denied medical examinations until evidence of abuse has 
disappeared. The Government maintained that it investigates all 
complaints of torture and mistreatment filed with the prosecutor's 
office and claimed that alleged victims sometimes publicly accused 
authorities of acts of abuse without taking the steps required to 
initiate an investigation. However, according to human rights groups, 
police often refused to register complaints and judges dismissed 
complaints lodged by alleged victims of torture with little or no 
investigation. Absent a formal complaint, the Government may open an 
administrative investigation but is unlikely to release the results to 
the lawyers of affected prisoners. The Government appeared to 
distinguish Islamists from other political opposition prisoners; 
Islamists tended to receive harsher treatment during their arrests and 
confinement. The 2001 conviction of the prison guards in the Mansouri 
case represented the first documented instance in which prison security 
officials were disciplined for such abuse.
    Security forces attacked and beat citizens, particularly human 
rights activists, for holding demonstrations or meetings, or for 
criticizing the Government (see Sections 2.b. and 4). On January 13, 
the CNLT reported that police prevented a plenary meeting they tried to 
hold at the Aloes Publishing House to discuss the organization's annual 
report.
    On January 30, plainclothes police beat Loumamba Mohseni, director 
of communications for the Web magazine Kaws El Karama, unconscious as 
he waited for a taxi.
    In April during otherwise peaceful pro-Palestinian demonstrations, 
police armed with truncheons dispersed demonstrators, mostly human 
rights and opposition leaders, beating some and chasing others into 
side streets.
    On August 28, five plainclothes policemen attacked Lasaad Jouhri, 
former prisoner of conscience upon leaving a lawyer's office. Police 
beat Jouhri, who has a partially paralyzed right leg sustained from 
torture in prison between 1991 and 1994, with his crutch, concentrating 
the blows on his right knee (see Section 2.b.).
    On December 11, former judge Mokhtar Yahiaoui was attacked and 
severely beaten by three plainclothes policemen while trying to enter 
the law offices of his colleague Noureddine Bhiri. Yahiaoui indicated 
that one policeman blocked the entry to the office and dragged him to a 
narrow side street where two other officers beat him. Yahiaoui's 
screams drew a crowd of onlookers and the police relented long enough 
for Yahiaoui to run back to Bhiri's office. He was treated in a local 
hospital for contusions to his head, face and legs. Yahiaoui said he 
believed the beating was because of a call he made on December 10 for 
the Government to release 23 political prisoners who have been in 
detention for more than 10 years.
    In 2001 legal responsibility for the prison and parole system 
transferred from the Ministry of Interior to the Ministry of Justice, 
which stated publicly its intent to improve prison conditions; however, 
there were no discernable changes by year's end.
    Prison conditions ranged from Spartan to poor and, in nearly all 
cases, did not meet international standards. Credible sources reported 
that overcrowding remained a serious problem, with 40 to 50 prisoners 
typically confined to a single 194-square foot cell, and up to 140 
prisoners held in a 323-square foot cell. Defense attorneys reported 
that prisoners were forced to share a single water and toilet facility 
with more than 100 cellmates, creating serious sanitation problems.
    On December 12, the magazine Realities published an article 
documenting substantial overcrowding and substandard prison conditions. 
The article quoted a study by the International Center for Prison 
Studies, King's College London, which indicated a prison population 
rate of 253 prisoners per 100,000 persons. Realities claimed that 
prisoners were made to sleep on floors and under beds and that some 
waited up to 7 months before moving from the floor to a bed shared with 
other prisoners. In response to the article, President Ben Ali 
announced the formation of a commission of inquiry into prison 
conditions. On December 16, the public prosecutor called the author of 
the article, Hedi Yahmed, to answer charges of defamation and 
``spreading false information aimed at undermining the public order.'' 
On December 19, he was forced to resign after substantial government 
pressure and left the country (see Section 2.a.).
    There were credible reports that conditions and prison rules were 
harsher for political prisoners than for the general prison population. 
One credible report alleged the existence of special cell blocks and 
prisons for political prisoners, in which they might be held in 
solitary confinement for months at a time. Another credible source 
reported that high-ranking leaders of the illegal an-Nahdha Islamist 
movement remained in solitary confinement since 1991. Other sources 
alleged that political prisoners regularly were moved among jails 
throughout the country, thereby making it more difficult for their 
families to deliver food to them and to discourage their supporters or 
the press from inquiring about them. The CNLT reported in the past that 
inmates were instructed to isolate new political prisoners and were 
punished severely for contact with them.
    During the year, prisoners undertook several hunger strikes to 
protest substandard prison conditions, mistreatment, and the denial of 
family visits. In January Mohamed Moaada began a hunger strike to 
protest poor prison conditions and his lack of proper medical 
treatment. On January 31, Moaada received a presidential pardon and was 
conditionally released from prison.
    On March 16, Ammar Amroussia, a Tunisian Communist Worker's Party 
(PCOT) member detained on February 2, began a hunger strike protesting 
prison conditions and his transfer. On November 7, he was released from 
prison as part of an amnesty marking the 15th anniversary of President 
Ben Ali's accession to power.
    In June Radhia Nasraoui undertook a 6-week hunger strike protesting 
her husband Hamma Hammami's imprisonment. The Government responded by 
characterizing her actions as ``immoral.'' During her hunger strike, 
she traveled to Paris with her daughter, claiming she wanted her 
children in France ``far away from police provocation'' (see Section 
2.b.).
    On July 29, prisoners at Borj El Amri near Tunis started a general 
hunger strike protesting their conditions. Credible reports indicated 
that the prison director beat one of the prisoners, Hatem Ben Romdhane, 
for his participation.
    Zakaria Ben Mustapha, National Commissioner for Human Rights, 
continued the practice of reviewing prison conditions. The organization 
is government-funded and in January Ben Mustapha reported his findings 
to President Ben Ali, who declined to make them public.
    The Government did not permit international organizations or the 
media to inspect or monitor prison conditions. In March the CNLT called 
for reform of the prison system, citing the systematic torture and 
abuse of prisoners and continued lack of basic hygienic conditions and 
medical care. Men, women, and children were held separately in prisons.

    d. Arbitrary Arrest, Detention, or Exile.--The law authorizes the 
police to make arrests without warrants only in the cases of suspected 
felons or crimes in progress; however, the authorities did not observe 
this restriction and arbitrary arrest and detention remained problems. 
The Penal Code provides for a maximum 3-day detention period, renewable 
once (for a maximum of 6 days) by the prosecutor, thus reducing from 10 
days to 6 the period that the Government may hold a suspect 
incommunicado following arrest and prior to arraignment. The Code also 
requires arresting officers to inform detainees of their rights and 
detainees' families of the arrest at the time of arrest, and to make a 
complete record of the times and dates of such notifications. Credible 
sources stated that the law rarely was enforced with respect to either 
common criminals or political detainees. Detainees have the right to be 
informed of the grounds for arrest before questioning and may request a 
medical examination. However, they do not have a right to legal 
representation during the 6-day incommunicado detention period. 
Attorneys, human rights monitors, and former detainees maintained that 
the authorities illegally extend the maximum limit of pre-arraignment 
detention by falsifying the date of arrest. Police reportedly extorted 
money from families of innocent detainees for dropping charges against 
them.
    The law permits the release of accused persons on bail, which may 
be paid by a third party. In cases involving crimes for which the 
sentence exceeds 5 years or that involve national security, preventive 
detention may last an initial period of 6 months and be extended by 
court order for two additional 4-month periods. For crimes in which the 
sentence may not exceed 5 years, the court may extend the initial 6-
month pretrial detention by an additional 3 months only. During this 
period, the court conducts an investigation, hears arguments, and 
accepts evidence and motions of both parties. The law provides persons 
indicted for criminal acts the right to appeal their indictment before 
the case comes to trial. Detainees have the right to be represented by 
counsel during arraignment. The Government provides legal 
representation for indigents. At arraignment the examining magistrate 
may decide to release the accused or remand him to pretrial detention.
    A case proceeds from investigation to a criminal court, which sets 
a trial date. There is no legal limit to the length of time the court 
may hold a case over for trial, nor is there a legal basis for a speedy 
hearing. Complaints of prolonged detention of persons awaiting trial 
were common, and President Ben Ali publicly had encouraged judges to 
make better use of release on bail and suspended sentences. Some 
defendants have claimed that they have been held in pretrial detention 
for years.
    On May 31, Moncef Chaker reportedly was arrested and taken to his 
home where police seized his personal computer. He was held in 
incommunicado detention at the Ministry of Interior for several days. 
No explanation was given for his arrest and he indicated police 
threatened him not to reveal details of his detention.
    On September 4, Zouhayer Makhlouf and Chadli Turki were arrested 
for reasons that were not made clear to them. Makhlouf, an AI member, 
indicated he was asked to give up his membership in the human rights 
organization. Turki, a medical doctor, indicated he believed he was 
being harassed possibly because of links to some political opponents. 
On September 8, they were released.
    Sihem Bensedrine, who in 2001 was arrested, charged with defamation 
of a judge and spreading false information aimed at undermining the 
public order on Al-Mustaquella satellite broadcast in London, and 
released as part of a broader amnesty, may still be subject to judicial 
proceedings. However, at year's end, she had not been subject to 
additional proceedings.
    On January 31, Mohammed Moaada was conditionally released on a 
presidential pardon and his civil and political rights were restored. 
In 2001 police arrested Moaada, former secretary general of the 
Democratic Socialist Movement (MDS) opposition party, for violating the 
conditions of his parole. Precise charges were not publicly specified; 
however, prior to his arrest he had appeared on Al Mustaquella 
criticizing the Government.
    The Penal Code contains provisions for the imposition of 
administrative controls following completion of a prison sentence; 
however, only judges have the right to order a former prisoner to 
register at a police station, and the law limits registration 
requirements to 5 years. Security forces reportedly arbitrarily imposed 
administrative controls on former prisoners following their release 
from prison, which often prevented them from being able to hold a job. 
Defense attorneys reported that some clients must sign in four or five 
times daily, at times that are determined only the previous evening. 
When the clients arrive at the police station, they may be forced to 
wait hours before signing in, making employment impossible and 
childcare difficult. Numerous Islamists released from prison in recent 
years have been subjected to these types of requirements.
    The law allows judges to substitute community service for jail 
sentences in minor cases in which the sentence would be 6 months or 
less. There is no evidence that this alternative was applied in 
political cases.
    There were reports of hundreds of political detainees, although 
there was no reliable estimate due to arbitrary government detention 
practices and the lack of public arrest records. The Government denied 
arresting persons for political crimes. Rather, it relied on a variety 
of broad or vague provisions in the Penal Code, including against 
``spreading false information aimed at undermining the public order,'' 
and ``belonging to an illegal organization,'' to arrest and charge 
political opponents, human rights activists, and Islamists, among 
others.
    Judges and the Government exercised the authority to release 
prisoners or suspend their sentences, often on conditional parole. For 
example, in 2001 human rights lawyer Nejib Hosni received a 
presidential pardon after serving 4 \1/2\ months for violating his 
conditional parole by practicing law. Hosni appeared at the Court of 
Appeal on behalf of Hamma Hammami and addressed the court as a lawyer 
despite the official ban on his practicing. The Tunisian Bar 
Association came to his defense, claiming that only it has the 
authority to disbar lawyers. Hosni continued to practice law, despite 
the Government's ban, and represented several human rights defendants. 
On September 4, Hamma Hammami and Samir Taamallah were released on 
conditional parole for health reasons.
    The Constitution prohibits forced exile, and the Government 
observed this prohibition. Some political opponents in self-imposed 
exile were prevented from obtaining or renewing their passports in 
order to return. However, since 2000 the Government had returned 200 
passports (see Section 2.d.). One report indicated that in July 
journalist Abdallah Zouari received an administrative order from the 
Ministry of Interior ordering him to comply with an internal exile 
provision of his administrative control, banishing him to Zarzis in the 
south of the country (see Section 2.d.).

    e. Denial of Fair Public Trial.--Although the Constitution provides 
for an independent judiciary, the executive branch and the President 
strongly influenced judicial decisions, particularly in political 
cases. The judicial branch is part of the Ministry of Justice; the 
executive branch appoints, assigns, grants tenure to, and transfers 
judges. In addition, the President is head of the Supreme Council of 
Judges. This renders judges susceptible to pressure in sensitive cases. 
In January the Chamber of Deputies passed a law granting citizens legal 
recourse to the Administrative Tribunal to address grievances against 
government ministries, as a type of ombudsman. However, government 
officials rarely respected decisions by the tribunal in practice.
    The court system consists of the regular civil and criminal courts, 
including the courts of first instance; the courts of appeal; and the 
Court of Cassation, the nation's highest appeals court; as well as the 
military tribunals within the Defense Ministry.
    Military tribunals try cases involving military personnel and 
civilians accused of national security crimes. A military tribunal 
consists of a civilian judge from the Supreme Court and four military 
judges. Defendants may appeal the tribunal's verdict to the final 
arbiter, the Court of Cassation, which considers arguments on points of 
law as opposed to the facts of a case. AI has claimed that citizens 
charged under the tribunals have been denied basic rights during the 
judicial process. During the year, in one instance, civilians were 
tried before a military tribunal. The defendants were convicted of 
association with terrorist groups and sentenced to prison terms. In 
January 34 persons were convicted of belonging to a terrorist group 
linked to al-Qa'ida, 30 of whom remained outside the country.
    In May, in another civilian case dating to 2000, Lofti Ferhat's 
conviction of belonging to a group linked to an-Nahdha was upheld.
    By law the accused has the right to be present at trial, be 
represented by counsel, question witnesses, and appeal verdicts. 
However, in practice judges do not always observe these rights. The law 
permits trial in absentia of fugitives from the law. Both the accused 
and the prosecutor may appeal decisions of the lower courts. Defendants 
may request a different judge if they believe that a judge is not 
impartial; however, in practice judges do not always permit this. In 
2001 a sitting judge, Jedidi Ghenya, was quoted as declaring in court 
that everyone who appears before him is guilty until they prove their 
innocence, despite the fact that the Constitution provides for the 
presumption of innocence until the legal establishment of guilt.
    Trials in the regular courts of first instance and in the courts of 
appeals are open to the public. The presiding judge or panel of judges 
dominates a trial, and defense attorneys have little opportunity to 
participate substantively. Defense lawyers contended that the courts 
often failed to grant them adequate notice of trial dates or allow them 
time to prepare their cases. Some also reported that judges restricted 
access to evidence and court records, requiring in some cases, for 
example, that all attorneys of record examine the court record on one 
specified date in judges' chambers, without allowing attorneys to copy 
material documents. Defense lawyers also claimed that judges sometimes 
refuse to allow them to call witnesses on their clients' behalf or to 
question key government witnesses. Lengthy trial delays also were a 
problem (see Section 1.d.).
    Although civil law, including family and inheritance law, is 
codified, judges were known to override codified law with Islamic law 
if codified law conflicts with Shari'a, especially in cases involving 
child custody. Generally Shari'a-based civil law was applied only in 
some family cases. Some families avoided the application of Shari'a in 
inheritance questions by executing sales contracts between parents and 
children in order to ensure that daughters received shares of property 
equal to that of the sons.
    For example, codified laws provide women with the legal right to 
custody over minor children; however, judges have refused to grant 
women permission to leave the country with minor children, holding that 
Shari'a appoints the father as the head of the family who must grant 
children permission to travel. On July 22, police prevented Radhia 
Nasraoui's 3-year-old daughter from traveling. Though she had her 
mother's permission, police indicated her father, Hamma Hammami, who 
was in prison at the time, must also give his permission. The child was 
allowed to travel with her mother several days later.
    In court a woman's testimony is worth the same as a man's.
    Human rights activists contended that the judicial system is 
neither independent nor fair and that it applies the law unevenly to 
defendants facing politically motivated charges. On February 7, the 
National Council of the Order of Lawyers observed a strike protesting 
the conditions of Hamma Hammami's 1999 trial, during which Hammami and 
two co-defendants were tried in absentia. When they returned to the 
country to respond to charges, they were removed from court and re-
sentenced in closed court. The Government described the strike as 
illegal.
    On November 20, a Canadian national of Tunisian origin, Bechir 
Saad, was sentenced on appeal to 4 years in prison for membership in 
an-Nahdha. Saad, resident in Canada since 1989, was arrested during a 
holiday in the country. A Canadian consular official and a Canadian 
magistrate were allowed to attend his trial.
    Throughout the year, the Government permitted observers from 
diplomatic missions, members of the European Parliament, and foreign 
journalists to monitor trials, while selectively barring other 
observers from human rights organizations from entering the country 
(see Section 4).
    AI and defense attorneys reported that courts routinely failed to 
investigate allegations of torture and mistreatment, and have accepted 
as evidence confessions extracted under torture (see Section 1.c.). 
Defense lawyers and human rights activists claimed that the summary 
nature of court sessions sometimes prevented reasoned deliberation. 
They also claimed that erratic court schedules and procedures were 
designed to deter and discourage observers of political trials.
    There is no definitive information regarding the number of 
political prisoners. Human Rights Watch has reported that there might 
be hundreds of political prisoners convicted and imprisoned for 
membership in the Islamist group an-Nahdha and the PCOT, for 
disseminating information produced by these banned organizations, and 
for aiding relatives of convicted members. In September 2001, AI 
estimated that there were up to 1,000 political prisoners. Nearly all 
those prisoners that have been identified by international human rights 
groups as political prisoners or prisoners of conscience have been 
arrested or detained under articles of the Penal or Press Codes 
prohibiting membership in illegal organizations or spreading false 
information aimed at undermining the public order.
    The Government traditionally releases prisoners on national 
holidays. On November 7, the Government released six political 
prisoners to mark the anniversary of President Ben Ali's accession to 
power: Ammar Amroussia (PCOT), Abdejabbar Madouri (PCOT), Abdallah 
Zouari (an-Nahdha), Fethi Karoud (an-Nahdha), Khaled Khaldi (an-
Nahdha), and Ahmed Amari (an-Nahdha).
    The Government denied that it holds any prisoners considered 
``political,'' and normally did not provide details on the numbers or 
types of prisoners released.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the inviolability of the 
person, the home, and for the privacy of correspondence, ``except in 
exceptional cases defined by law.'' However, the Government infringed 
on these rights. The law requires that the police obtain warrants to 
conduct searches; however, police sometimes ignored the requirement if 
authorities considered that state security is at stake or that a crime 
is in progress.
    The Government broke into and ransacked the homes and offices of 
human rights activists and opposition figures.
    In December 2001, Rally for an International Alternative for 
Development (RAID) reported that the houses of two of its members, 
Fathi Chamkhi and Sadri Khiari, were broken into and vandalized. On 
July 6, Chamkhi reported his house again was broken into as a 
punishment, he believed, for his participation in a meeting in Lyon on 
the state of human rights in the country.
    Authorities may invoke state security interests to justify 
telephone surveillance. There were numerous reports of government 
interception of fax and computer-transmitted communications. The law 
does not authorize explicitly these activities, although the Government 
has stated that the Code of Criminal Procedure implicitly gives 
investigating magistrates such authority. Many political activists 
experienced frequent and sometimes extended interruptions of 
residential and business telephone and fax services. Human rights 
activists accused the Government of using the 1998 Postal Code, with 
its broad but undefined prohibition against mail that threatens the 
public order, to interfere with their mail and interrupt the delivery 
of foreign publications. Local phone, fax, and copy shops require users 
to turn over their identification cards when requesting to send faxes.
    During the year, Radhia Nasraoui, a human rights lawyer, reported 
that the Government routinely cut her telephone service. In 2001 there 
were reports of the temporary disruption of cellular and landline 
service to prominent human rights and opposition leaders during the 
call-in portion of the Al-Mustaquella television program (see Section 
2.a.).
    The security forces routinely monitored the activities of political 
critics, and sometimes harassed, followed, questioned, assaulted or 
otherwise intimidated them, their relatives, and associates. Security 
forces continued to harass, assault, and intimidate members of the CNLT 
(see Sections 1.c, 2.b, and 4). For example, police place journalists 
who wrote articles critical of the Government, or who were active in 
human rights organizations, under surveillance (see Section 2.a.). 
Credible reports indicated that the children of activists were also 
harassed and beaten by police. For example, on June 14 a man attacked 
Amira Yahiaoui, daughter of Mokhtar Yahiaoui, with a club as she was 
leaving school. Witnesses believed the attacker to be a member of the 
police.
    Human rights activists, lawyers, and other political activists also 
reported that they were under police surveillance. For example, police 
continued their heavy surveillance of the CNLT offices in Tunis (see 
Sections 2.b. and 4). In January LTDH president Mokhtar Trifi and 
committee member Neji Marzouk reported being subjected to body searches 
by border police when flying to Paris to attend a human rights 
conference. On February 7, Trifi also reported that his office was 
broken into and vandalized. Police refused to register his complaint, 
prompting Trifi's suspicion that the break-in was the work of 
``political police.'' During the year, both the home and offices of 
human rights lawyer Radhia Nasraoui continued to be under heavy 
surveillance.
    Human rights activists claimed that the Government subjected the 
family members of Islamist activists, as well as other human rights 
activists, to arbitrary arrest, reportedly utilizing charges of 
``association with criminal elements'' to punish family members for 
alleged crimes committed by the activists. Human rights activists 
reported that their family members were denied jobs, business licenses, 
and the right to travel due to their relatives' activism. Human rights 
activists also alleged that the relatives of Islamist activists who are 
in jail or living abroad were subjected to police surveillance and 
mandatory visits to police stations to report their contact with 
relatives. The Government maintained that the Islamists' relatives were 
members or associates of the outlawed an-Nahdha movement and that they 
correctly were subjected to legitimate laws prohibiting membership in 
or association with that organization.
    There were no reports during the year that the Government refused 
to issue passports to family members of human rights activists. 
However, police seized the passport of Hamma Hammami's daughter during 
a trip to the country's north coast. Nejib Hosni and his family members 
no longer were denied their passports.
    Human rights activists alleged that security forces arbitrarily 
imposed administrative controls on prisoners following their release 
from prison (see Section 1.d.) and confiscated national identity cards 
from numerous former prisoners. Confiscation of an identity card makes 
nearly every aspect of civil and administrative life difficult. An 
individual must have an identity card to receive access to healthcare, 
to sign a lease, to buy or drive a car, to have access to bank 
accounts, and pensions, and even to join a sports club. Police may stop 
anyone at anytime and ask for their identity card. If individuals are 
unable to produce cards, police may detain them until their identity 
can be established by a central fingerprint database. In 2000 a 
credible source claimed that the Government confiscated the national 
identity cards of as many as 10,000 persons who were either former 
prisoners convicted of membership in an-Nahdha or relatives of an-
Nahdha members and their supporters.
    The Government regularly prohibited the distribution of some 
foreign publications (see Section 2.a.). The security forces often 
questioned citizens seen talking with foreign visitors or residents, 
particularly visiting international human rights monitors and 
journalists (see Section 2.a.).

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of expression and of the press; however, the Government 
restricted these rights in practice. The Government used a central 
censorship office as well as indirect methods to restrict press freedom 
and encourage a high degree of self-censorship. The Government also 
uses the Press Code, which contains broad provisions prohibiting 
subversion and defamation, to prosecute individuals who express 
dissenting opinions. In a 2001 speech before the RCD, President Ben Ali 
stated that although the Government must protect the right of citizens 
to hold dissenting opinions, those citizens who criticize the country 
in the international media were ``traitors'' who would be prosecuted to 
the full extent of the law. Direct criticism of government policies or 
officials was restricted, either directly or through self-censorship, 
but press discussions of sensitive democracy and human rights problems 
in general were permitted.
    In 2001 the Chamber of Deputies approved several changes to the 
Press Code, which included the designation of the Ministry of Human 
Rights, Communications, and Relations with the Chamber of Deputies as 
the central censorship office. However, with the abolishment of this 
ministry in September, the role of censor reverted to the Ministry of 
Interior. Opposition members and international observers viewed the 
changes to the Press Code as largely superficial--designed to give the 
appearance of liberalization while only making minor cosmetic changes, 
transferring a number of offenses from the Press Code to the Penal 
Code, making them subject to judicial review and streamlining the 
censorship process. The revisions provided that copies of newspapers 
published outside of Tunis could be deposited with local governors 
rather than at central Tunis offices. Newspapers were required to raise 
the percentage of journalists drawn from the Institute of Journalism 
(IPSI) on their editorial staff from 30 percent to 50 percent. In May 
the Tunisian Association of Journalists (AJT) released a widely 
disseminated report strongly criticizing the Government's control of 
the press and information sector.
    In September, after the May replacement of Minister of Human Rights 
Slaheddine Maaoui by Fethis Houidi, the Ministry of Human Rights, 
Communications, and Relations with the Chamber of Deputies was 
abolished. The portfolio was folded into a new Ministry of Justice and 
Human Rights under Minister of Justice Bechir Tekkari. Also in 
September, former university professor Harm Ben Salem was appointed 
General Coordinator for Human Rights in the newly designated ministry 
(see Section 4).
    The Government detained, interrogated, and harassed local and 
international human rights activists (see Sections 1.c. and 4). On 
August 19, Islamist dissident and journalist Abdallah Zouari was 
arrested for violating the provisions of his administrative control. 
Zouari, a journalist for the an-Nahdha newspaper Al Fajr, originally 
was sentenced in 1991 to 11 years in prison for membership in an 
illegal organization. In June he was released under the condition he 
would serve out his 5 years of administrative control in the town of 
Zarzis (300 miles south of Tunis). Credible sources claimed his August 
arrest stemmed from his ignoring a July 15 letter from the Ministry of 
Interior ordering him to Zarzis. The Government denied Zouari ever held 
a press card or worked as a journalist and claimed his conviction was 
for possessing, making, and carrying ammunitions, weapons, and 
explosives as well as undermining state security. The court handed down 
an 8-month sentence (see Sections 1.e. and 4).
    On May 16, border police at Tunis-Carthage airport refused entry 
into Tunis to French journalist Jean-Pierre Tuquoi, who had written 
items critical of the Ben Ali regime (see Section 4).
    On June 4, Zouhair Yahiaoui was arrested and charged with spreading 
false information in relation to his opposition web magazine TUNeZINE. 
The magazine had published an online conference on the May 26 
Constitutional referendum and asked respondents to vote whether they 
felt living in the country was like a prison. He also was alleged to 
have posted a rumor of an armed attack against the President. On June 
20, Yahiaoui was sentenced to 2 years and 4 months in prison. During 
his July 10 appeal, the sentence was reduced to 2 years. Defense 
lawyers indicated they were given no opportunity to make arguments. In 
September Yahiaoui indicated he shared a cell that was 40 square meters 
with 80 persons and that they only had access to water for 30 minutes a 
day.
    Although several independent newspapers and magazines--including 
several opposition party journals--existed, the Government relied upon 
direct and indirect methods to restrict press freedom and encourage a 
high degree of self-censorship. Primary among these methods was ``depot 
legal,'' the requirement that printers and publishers provide copies of 
all publications to the Ministry of Human Rights, Communications, and 
Relations with the Chamber of Deputies prior to distribution. However, 
with the abolishment of this ministry in September, use of ``depot 
legal'' reverted to the Ministry of Interior. The opposition Democratic 
Progressive Party (PDP) claimed that in January and August 2001 copies 
of its Al-Mawqif newspaper were removed from newsstands because they 
contained an article critical of the Government. Publication of the Al-
Mawkif newspaper was delayed on several occasions. Since 1999 the 
Government has not permitted the Tunisian Bar Association to publish 
its internal bulletin. In March the Government seized opposition paper 
At-Tariq Al Jadid when editors tried to print a story critical of the 
constitutional reform plan.
    Since 1994 the Government has refused to allow AI's local chapter 
to distribute textbooks on human rights written for high school 
students. Similarly, distributors must deposit copies of publications 
printed abroad with the Chief Prosecutor and the Ministry of Interior 
prior to their public release. While publishers need not wait for an 
authorization, they must obtain a receipt of deposit before 
distribution. On occasion such receipts reportedly were withheld, 
sometimes indefinitely. Without a receipt, publications may not be 
distributed legally.
    The Press Code contains broad provisions prohibiting subversion and 
defamation, neither of which is defined clearly. The code stipulates 
fines and confiscation for failure to comply with these provisions. The 
Government routinely utilized this method to prevent distribution of 
editions of foreign newspapers and magazines that contained articles 
critical of the country.
    The Government also reportedly withheld depot legal to remove from 
circulation books that it deemed critical of the Government. Unlike in 
previous year, there were no reports that the Government provided 
official texts on major domestic and international events and 
reprimanded publishers and editors who failed to publish these 
statements.
    The Government also used indirect methods, such as newsprint 
subsidies and control of public advertising revenues, to encourage 
self-censorship in the media. The Tunisian Agency for External 
Communications effectively censored by selectively withholding 
advertising funds. There were credible reports that the Government 
withheld advertising orders, a vital source of revenues, from 
publications that published articles deemed offensive by the 
Government. For example, after Yahmed's Realities article, the 
Government pulled its ads from the magazine for a brief time (see 
Section 1.c.).
    The Government exerted further control over the media by 
threatening to impose restrictions on journalists, such as refusing 
permission to travel abroad, withholding press credentials, and 
imposing police surveillance on those who wrote articles critical of 
the Government. In December journalist Hedi Yahmed was forced to resign 
from Realities after writing an article on prison conditions (see 
Section 1.c.).
    Members of the security forces also reportedly questioned 
journalists regarding the nature of press conferences and other public 
functions hosted by foreigners that the journalists attended.
    Several journalists from Al-Fajr, the publication associated with 
the outlawed an-Nahdha movement, remained in jail, serving sentences 
that were imposed in the early 1990s. The Government maintained that 
the arrests, indictments, and convictions were carried out in full 
accordance with the law. Visiting foreign journalists sometimes 
complained of being followed by security officials. In 2001 Reporters 
Without Borders (RSF) journalist Robert Menard was deported for 
disturbing the public order by distributing illegal information.
    In November RSF released a study ranking countries by their level 
of press freedom. The country was ranked 128th out of 139 countries. At 
year's end, the Tunisian Newspaper Association remained expelled from 
the World Association of Newspapers (WAN).
    The Government owned and operated the Tunisian Radio and Television 
Establishment (ERTT). The ERTT's coverage of government news was taken 
directly from the official news agency, TAP. There were several 
government-owned regional radio stations and two national television 
channels. A bilateral agreement with Italy permits citizens to receive 
the Italian television station RAI-UNO; since 1999 the broadcast of 
French television station France 2 remained suspended because of its 
critical coverage of the elections. Recent estimates placed the number 
of satellite dishes in the country at well over 200,000. The Government 
regulated their sale and installation. Many citizens received two 
satellite programs broadcast from London by members of the opposition: 
Al-Mustaquella and Zeitouna. The programs served as alternative sources 
for news and political opinion both through their satellite 
transmissions and Zeitouna's web site.
    During the year, the Government encouraged greater use of the 
Internet and lowered Internet user and telephone connection fees. 
Journalists and students were entitled to a 25 percent reduction in 
Internet usage fees. In September the Government reported that there 
were 460,000 Internet users and 71,000 subscribers. During the year, 
the Government closed several public Internet stations citing 
complaints that minors were accessing ``immoral'' Web sites. Credible 
sources indicated some people who would otherwise subscribe have 
avoided doing so because of fears of government monitoring and 
censoring e-mail and Web site content. The Government also arrested 
some Web journalists. The Government used the Internet widely, with 
most government ministries and agencies posting information on readily 
accessible Web sites. However, the Government frequently blocked Web 
sites and on-line publications containing information critical of the 
Government posted by international NGOs, opposition parties, and 
foreign governments, including a report on Internet use in the country 
by Human Rights Watch. The five Internet service providers in the 
country remained under the control of the Tunisian Internet Agency, 
which regularly provided lists of subscribers to the Government. Human 
rights activists alleged that the agency regularly interfered with and 
intercepted their Internet communications. The Press Code, including 
the requirement that advance copies of publications be provided to the 
Government, applies to information shared on the Internet (see Section 
4).
    The Government limited academic freedom. Like journalists, 
university professors sometimes practiced self-censorship by avoiding 
classroom criticism of the Government or statements supportive of the 
an-Nahdha movement. Professors alleged that the Government utilized the 
threat of tax audits, control over university positions, and strict 
publishing rules to encourage self-censorship. The presence of police 
on campuses also discouraged dissent. Professors must inform the 
Ministry of Higher Education in advance of any seminars, including the 
list of participants and subjects to be addressed. Copies of papers to 
be presented in university settings or seminars must be provided to the 
Ministry in advance.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government restricted 
this right. Groups that wish to hold a public meeting, rally, or march 
must obtain a permit from the Ministry of Interior by applying no later 
than 3 days in advance of the proposed event and submitting a list of 
participants. The authorities routinely approved such permits for 
groups that support government positions, but often refused permission 
for groups that express dissenting views. In addition to permits, 
registration also was used to control status and operations of NGOs.
    During the year, LTDH activists continued to report government 
harassment, interrogation, property loss or damage, unauthorized home 
entry, and denial of passports. In October the LTDH reported 
disruptions to its regional elections in the southern town of Gabes and 
the northern town of Jendouba. Accounts of events differed but the LTDH 
maintained that ruling RCD party delegates objected to the voting 
procedures in Gabes and moved that the congress should be adjourned 
without completing the election. Members of the RCD threatened LTDH 
members with physical violence and police intervened, ultimately 
prohibiting the conclusion of the voting. Additionally, smaller LTDH 
offices reported difficulty in renting space to hold elections. Leaders 
maintained that hotel and hall managers have been threatened by police 
not to rent meeting space to them. Despite LTDH president Mokhtar 
Trifi's pledge to continue elections despite threats and violence, no 
new board was elected by year's end.
    The CNLT reported that several dozen political police disrupted its 
plenary meeting on January 13 by surrounding the neighborhood in which 
they had planned to meet and preventing members from entering. Reports 
from a support committee for PCOT spokesman Hamma Hammami indicated 
that on January 20, police violently disrupted a meeting it attempted 
to hold at the LTDH branch in Sfax.
    In February the Ministry of Interior refused to legally register 
the Democratic Forum for Labor and Liberties (FDTL). Since its founding 
in 1994, the FDTL, a center-left NGO of intellectuals, professionals, 
and political opposition members, has been trying to obtain legal 
status. In October it was recognized legally.
    In February police searched the house of and arrested Salah 
Hamzaoui, head of a support committee for Hamma Hammami. Police warned 
him that opening his home to political meetings could expose him to 
legal/judicial proceedings. On May 22 police surrounded Hamzaoui's 
house when a Hammami support committee tried to meet there. Police 
prevented individuals from entering the house.
    In August 2001, less than a week after Sihem Bensedrine's release 
from prison, police assaulted her and other activists outside the 
publishing house which Bensedrine directs.
    Credible reports indicated that Lasaad Jouhri, a former Islamist 
prisoner, remained under close police surveillance and harassment 
throughout the year for his political involvement. Police questioned 
and warned those individuals speaking to him in public. In August five 
plainclothes police severely beat Jouhri in Tunis (see Section 1.c.).
    In April government-sanctioned pro-Palestinian demonstrations 
erupted into spontaneous demonstrations mostly on university and high 
school campuses. Some reportedly resulted in violent confrontations 
between demonstrators and police, and several demonstrators were 
injured. For example, on April 5 police violently dispersed a 
nongovernment sanctioned, pro-Palestinian demonstration of 
approximately 300 civil society activists, lawyers, and human rights 
activists. Also in April, the LTDH reported that 15 students arrested 
during the demonstrations were mistreated in jail and forced to sign 
statements promising not to take part in demonstrations again.
    Although the Constitution provides for freedom of association, the 
Government restricted this right by barring some political groups or 
parties based on religion, race, region of origin, or political 
orientation. On December 13, the Government banned 11 opposition and 
civil society groups from demonstrating against war with Iraq. Hundreds 
of riot police enforced the ban, though organizers indicated they had 
tried to coordinate the protest with authorities beforehand.
    Presiding judges in trials of Islamists routinely refused to 
investigate claims that their confessions were extracted under torture. 
Human rights activists alleged that the Government extended its 
prosecution of Islamist activists to include family members who were 
not politically active (see Sections 1.c., 1.d., and 1.e.). Also, in 
some cases, several years lapsed after detention and before defendants 
were brought to trial.
    The Government banned organizations that it claims threaten 
disruption of the public order and used this proscription to prosecute 
and harass members of the PCOT, CNLT, RAID and ban political parties.
    On February 2, Hamma Hammami along with two co-defendants, 
Abdeljabar Madouri and Samir Taamallah, came out of over 3 years in 
hiding to file opposing briefs to their 1999 in absentia convictions 
for membership in an illegal organization and spreading false 
information aimed at undermining the public order. The charges stemmed 
from their membership in PCOT. Hammami's return drew some 400 
supporters, international observers, journalists, human rights 
activists, lawyers, and diplomats to the court. Before presenting their 
appeal before the judge, Hammami, Madouri and Taamallah were seized by 
plainclothes police, handcuffed and dragged out of court. Upon 
realizing that Hammami had been removed forcibly, crowds that had 
gathered in the courtroom stood on benches and began chanting calls for 
'political freedom' before singing the national anthem. Human rights 
lawyers agreed that the public display of support for Hammami in court 
was the first open and vocal demonstration of political dissent in 
several years. At one point, lawyers and supporters believed Hammami 
was being held upstairs in the courthouse and moved up the stairs 
intending to free him. Amidst the confusion, court officials locked an 
internal hall gate, preventing much of the crowd from leaving the 
courthouse and others from entering. There were reports that 
journalists and supporters were harassed, assaulted and arrested by 
police. Police reportedly confiscated some journalists' camera 
equipment.

    c. Freedom of Religion.--The Constitution provides for the free 
exercise of other religions that do not disturb the public order, and 
the Government generally observed and enforced this right; however, it 
did not permit political parties based on religion, prohibited 
proselytizing, and partially limited the religious freedom of Baha'is. 
Islam is the state religion. The Constitution stipulates that the 
President must be a Muslim.
    The Government recognized all Christian and Jewish religious 
organizations that were established before independence in 1956. 
Although the Government permitted Christian churches to operate freely, 
only the Catholic Church had formal recognition from the post-
independence government. Since 1999 the Government has not permitted 
registration of a Jewish religious organization in Jerba; however, the 
group has been permitted to operate and it performs religious 
activities and charitable work unhindered.
    The Government controlled and subsidized mosques and paid the 
salaries of prayer leaders. The President appointed the Grand Mufti of 
the Republic. The 1988 Law on Mosques provided that only personnel 
appointed by the Government may lead activities in mosques and 
stipulated that mosques must remain closed except during prayer times 
and other authorized religious ceremonies, such as marriages or 
funerals.
    The Government did not permit the establishment of political 
parties based on religion, prohibited recognition of the an-Nahdha 
party, and prosecuted suspected party members on the grounds of 
membership in an illegal organization (see Sections 1.c., 1.d., 1.e., 
and 2.b.). The Government maintained tight surveillance over Islamists 
and members of the Islamic fundamentalist community. The Government 
revoked the identity cards of an estimated 10,000 to 15,000 Islamists 
and fundamentalists, which seriously disadvantaged them (see Section 
1.f.).
    According to reliable sources, the Government has refused to issue 
passports to Islamists and fundamentalists. The Government forbade the 
wearing of the hijab (headscarves worn by traditional Muslim women) in 
government offices. According to human rights lawyers, the Government 
regularly questioned Muslims who were observed praying frequently in 
mosques. Reliable sources report that the authorities instructed imams 
to espouse government social and economic programs during prayer times 
in mosques.
    The Government allowed the Jewish community freedom of worship and 
paid the salary of the Grand Rabbi. It also partially subsidized 
restoration and maintenance costs for some synagogues. In 1999 the 
Jewish community elected a new board of directors, its first since 
independence in 1956, but continued to await approval from the governor 
of Tunis. Once approval is obtained from the governor, the organization 
is expected to receive permanent status. At year's end, the board is 
still waiting for formal approval. However, the board reported no 
obstacles to conducting normal activities. The acting board has changed 
its name to the Jewish Committee of Tunisia. The Government permitted 
the Jewish community to operate private religious schools and allowed 
Jewish children on the island of Jerba to divide their academic day 
between secular public schools and private religious schools. The 
Government also encouraged Jewish expatriates to return for the annual 
Jewish pilgrimage to the historic El-Ghriba Synagogue on the island of 
Jerba. During the year, an international Jewish relief organization 
made trips to the country and reported no interference with its 
activities. In March a synagogue in the Tunis suburb of La Marsa was 
broken into and vandalized and in April a synagogue in Sfax also was 
vandalized. No injuries were reported and damage was minor. Both 
incidents were isolated, and the Government responded by increasing 
security at both sites.
    On April 11, a terrorist attack outside the El-Ghriba synagogue 
killed 21 persons and severely damaged the interior of the synagogue. 
Approximately 2 weeks before the annual pilgrimage, the driver of a 
truck transporting liquid gas, Nizar Nawar, a 24-year-old citizen, 
detonated an explosive device while the truck stood at the synagogue 
compound wall, killing himself, 14 German nationals, 1 French national, 
and 5 other citizens. The Government initially claimed the explosion 
was an accident and immediately began repairing the wall and removing 
evidence. On April 22, after German authorities became involved in the 
investigation, the Government admitted that the incident was an attack. 
The Government provided increased security for the synagogue and 
encouraged pilgrims and tourists to visit El-Ghriba despite the attack.
    The Government regarded the Baha'i faith as a heretical sect of 
Islam and permitted its adherents to practice their faith only in 
private.
    In general the Government did not permit Christian groups to 
establish new churches, and proselytizing was viewed as an act against 
the public order. Foreign missionary organizations and groups operate 
but were not permitted to proselytize in the country. Authorities 
deported foreigners suspected of proselytizing and did not permit them 
to return. There were no reported cases of official action against 
persons suspected of proselytizing during the year; however, in 2001 
there were reports materials distributed by Christian missionaries were 
confiscated from local secondary students.
    Islamic religious education was mandatory in public schools; 
however, the religious curriculum for secondary school students also 
included the histories of Judaism and Christianity.
    Religious groups were subjected to the same restrictions on freedom 
of speech and the press as secular NGOs. Although Christian groups 
reported that they were able to distribute previously approved 
religious publications in European languages without difficulty, they 
claimed that the Government generally did not approve either 
publication or distribution of Arabic-language Christian material. 
Moreover, authorized distribution of religious publications was limited 
to existing religious communities, because the Government viewed public 
distribution of both religious and secular documents as a threat to the 
public order and hence an illegal 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, and persons were free to change their place of residence or 
work at will; however, in practice the Government restricted the 
freedom of movement and foreign travel of those critical of it.
    The 1998 amendments to the passport law transferred power for 
canceling passports from the Ministry of Interior to the courts; 
however, the amended law contained broad provisions that permit 
passport seizure on undefined national security grounds and deny 
citizens the right either to present their case against seizure or to 
appeal the judges' decision. By law the Ministry of Interior must 
submit requests to seize or withhold a citizen's passport through the 
Public Prosecutor to the courts; however, the Ministry of Interior 
routinely bypassed the Public Prosecutor to withhold passports from 
citizens. Credible reports indicated that the Public Prosecutor always 
deferred to the Ministry of Interior on such requests.
    The Government arbitrarily withheld passports from citizens. 
According to reliable sources, the Government withheld many passports 
of members of the human rights community, including human rights lawyer 
Nejib Hosni, and PCOT student Nourredine Ben N'tiche, as well as many 
members of the Islamist community. According to credible sources, some 
political opponents in self-imposed exile were prevented from obtaining 
or renewing their passports in order to return (see Section 1.d.). 
According to reliable sources, the Government reportedly confiscated 
the passports of a small number of Christian converts. Abdallah Zouari, 
a journalist, who in June was released after serving an 11-year 
sentence for his association with an-Nahdha, in August was rearrested 
and sentenced to 8 months in prison for failing to abide by the 
Ministry of Interior's exile provision in his order of administrative 
control. Zouari, who is from Tunis, was ordered to live in Zarzis (300 
miles south of the capital) (see Section 1.d.).
    In January the Government prevented Mokhtar Yahiaoui, removed from 
the judicial bench in 2001 for speaking out against government 
interference in the judiciary, from traveling to Paris, to Geneva in 
April, and to Athens in June. Border police initially indicated that 
the reason for preventing his departure was due to the incorrect 
listing of judge as Yahiaoui's profession in his passport.
    Hedi Bejaoui, another member of an-Nahdha, under administrative 
control since 1990, has been unable to travel for medical treatment due 
to the Government's seizure of his passport (see Section 1.d.).
    On November 23, the Government again denied Sadri Khiari the right 
to travel to France to defend his dissertation. A support committee 
called Article 13, after the ``freedom of movement'' section of the 
Universal Declaration of Human Rights, was established in support of 
Khiari and others who were denied their right to travel.
    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. It also expressly prohibits 
the extradition of political refugees. The Government cooperated with 
the office of the U.N. High Commissioner for Refugees (UNHCR) in 
assisting refugees. The Government acknowledged the UNHCR's 
determination of refugee status, which was accorded to 102 individuals 
during the year. During the year, the UNHCR processed 38 applications 
for asylum. The Government provided first asylum for refugees based on 
UNHCR recommendations. There was no pattern of abuse of refugees. 
Although a few refugees were deported during the year, none were forced 
to return to countries where they feared persecution.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides that the citizenry shall elect the 
President and members of the legislature for 5-year terms; however, 
there were significant limitations on citizens' right to change their 
government. In 1999 President Ben Ali was reelected for a third 5-year 
term in the country's first multi-party presidential elections. 
Official government results stated that Ben Ali won with 99.44 percent 
of the vote. The ruling RCD party's domination of state institutions 
and political activity precludes credible and competitive electoral 
challenges from unsanctioned actors. In February government proposed 
constitutional amendments were put forward in a program titled 'The 
Republic of Tomorrow,' which called for amending 38 of the 
Constitution's 76 articles. In a February 27 speech to the Chamber of 
Deputies, President Ben Ali said his aim was to ``entrench the spirit 
of democracy and the multiparty system.'' As prescribed by the 
Constitution, President Ben Ali sought the input of the Constitutional 
Council and the Chamber of Deputies, and organized the national 
campaign for the first-ever referendum on May 26. While the process of 
proposing and passing the amendments technically followed the law, many 
observers viewed the amendments as an attempt to enable President Ben 
Ali to remain in office past his third 5-year term, conceivably until 
he reached the age of 75 in 2014.
    On May 26, a national referendum, despite serious procedural 
questions, including the secrecy of the vote, passed with an officially 
reported 99.52 percent of the vote. A presidentially appointed election 
monitoring group presented a confidential report to the President 
regarding the election process, which reportedly substantiated numerous 
irregularities alleged by opposition parties.
    The most substantive changes involved the six following articles of 
the Constitution: Article 15 originally tasked citizens with the 
responsibility for national defense. The amended version broadened this 
responsibility to include protection of the country's ``independence, 
sovereignty, and integrity.'' Human rights activists believed that the 
new wording may be used to prosecute activists who criticize the regime 
abroad. Article 19 established a Chamber of Councilors as a second 
legislative chamber. The chamber would comprise 1-2 members elected 
from each governorate (based on population), a second group of members 
chosen by the president from professional organizations and a third 
group appointed by the President from among national public figures. 
Article 39, originally limiting the president to three terms, was 
abolished. Changes to Article 40 raised the upper age limit of 
presidential candidates to 75. Article 41 granted the president 
judicial immunity upon leaving office for acts he undertook in the 
exercise of his duties. Lastly, Article 57 granted the Constitutional 
Council responsibility for determining if the president is unfit to 
govern and mandates that the President of the Chamber of Deputies is 
next in the line of succession to hold the presidency for between 45 
and 60 days until new elections can be held.
    The RCD party and its direct predecessor parties have controlled 
the political arena since independence in 1956. The RCD dominates the 
Cabinet, the Chamber of Deputies, and regional and local governments. 
The President appointed the Cabinet and the 24 governors. The 
Government and the party are integrated closely; the President of the 
Republic also is the president of the party, and the party's secretary 
general holds the rank of minister.
    Narrowly written criteria in the Electoral Code greatly restrict 
the eligibility of persons to run for president. A candidate must 
receive the endorsement of 30 sitting deputies or municipal council 
presidents to be eligible to run.
    The 182-seat Chamber of Deputies does not function as a 
counterweight to the executive branch; rather, it served as an arena in 
which the executive's legislative proposals are debated prior to 
virtually automatic approval. Debate within the Chamber is often lively 
and government ministers are summoned to respond to deputies' 
questions, although heated exchanges critical of government policy were 
not reported fully in the press. Regardless of the debate, the Chamber 
has a history of approving all government proposals; the Chamber does 
occasionally modify the proposed legislation. The new chamber will 
serve as an upper house and will function largely with similar duties 
of the Chamber of Deputies. It will have law-making authority.
    The Electoral Code reserves 20 percent of the seats for the 
officially recognized, or legal, opposition parties distributed on a 
proportional basis to those parties that did not win directly elected 
district seats. For the 1999 elections, each party represented in the 
Chamber of Deputies received an annual public subsidy of approximately 
$42,000 (60,000 dinars), plus an additional payment of $3,500 (5,000 
dinars) per deputy. The Government also provided campaign financing 
that corresponded to the number of district lists that each party 
presented. Moreover, with funding based on the number of seats in 
Parliament, the opposition parties had no interest in forming 
coalitions against the RCD, but concentrated instead on competing with 
each other for the largest possible share of the 20 percent of seats 
reserved for the opposition. During the elections, opposition parties 
found independent fundraising impossible, and those that published 
newspapers or magazines faced difficulties in obtaining paid 
advertisers. However, in 2001 the President announced a 50 percent 
increase in allowances given by the Government to opposition 
newspapers. Each opposition newspaper received $105,000 (150,000 
dinars) annually. The Government did not permit the establishment of 
political parties on the basis of religion and uses the prohibition to 
refuse recognition of the an-Nahdha party and to prosecute suspected 
members on the grounds of membership in an illegal organization (see 
Sections 2.b. and 2.c.). On October 25, the Democratic Forum for Labor 
and Liberties (FTDL) was legalized, 8 years after first applying for 
recognition.
    During the 4 month long campaign for the constitutional referendum, 
the Government gave opposition parties rare television time to present 
their positions.
    Twenty-one of the 182 Deputies elected were women, up from 13 of 
163 deputies in the previous Chamber. There were six women in the 
Cabinet. Fourteen women held the position of deputy governor within the 
24 governorates. Three women served as president of chambers on the 22-
member Court of Cassation, which is the highest court of appeal.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The LTDH is the most active independent advocacy organization, with 
41 branches throughout the country. The organization receives and 
researches complaints and protests individual and systemic abuses. 
During the year, LTDH members and other human rights activists reported 
government beatings, harassment, interrogations, property loss or 
damage, unauthorized home entry, and denial of passports.
    In September a delegation of Dutch lawyers were denied entry into 
the country to protest the lack of an independent judiciary and support 
for the Tunisian Bar Association. On October 26, the Government refused 
entry to a delegation from the International Commission of Jurists 
(ICJ).
    In February Khemais Ksila was sentenced in absentia to 10 years in 
prison and fined $3,600 (TD 5,000) for attempted rape. Observers 
believed that the case received a disproportionate amount of press 
coverage throughout the latter half of 2001, aimed at discrediting 
Ksila before he had the opportunity to present evidence on his behalf. 
In 2001 LTDH vice president Souhayr Belhassen was criticized heavily in 
the press for her work on a human rights commission investigating 
abuses in Iraq. The report had not been released by year's end.
    There were numerous additional reports during the year of police 
attacking human rights activists, journalists, and others critical of 
the Government (see Sections 1.c., 2.a., and 2.b.). During the year, 
LTDH activists continued to report government harassment, 
interrogation, and property loss or damage. In previous years, the LTDH 
had reported unauthorized home entries and denial of passports. During 
the year, the LTDH reported that some of its regional elections were 
disrupted by RCD activists. By year's end, incomplete regional results 
precluded national elections from taking place (see Section 2.b.).
    Since 1998 the Government has refused to authorize CNLT 
registration as an NGO. The court has not yet acted on the 1999 
administrative appeal filed by the CNLT's founders. CNLT issued 
statements criticizing government human rights practices. Government 
officials stated that, by publishing communiques in the name of an 
unregistered NGO, CNLT members violated the Publications Code (which 
requires that advance copies be provided to the Government), belonged 
to an illegal organization, and threatened public order. Some CNLT 
members still are unable to obtain passports (see Sections 1.f. and 
2.d.).
    In March the European Parliament adopted a resolution condemning 
human rights violations in Tunisia and calling for the release of Hamma 
Hammami and his co-defendants (see Section 2.b.).
    Citing no guarantees of a fair trial and the threat of 
mistreatment, members of the European Parliament and international 
human rights NGOs objected to the Government's December request for 
extradition from France of dissident Khemais Toumi. Toumi had been 
convicted in absentia in 1997 and sentenced to 5 years in prison. On 
December 6, he was arrested in France and his extradition remained 
pending at year's end.
    International observers were permitted to monitor trials, and they 
reported that the Government generally permitted them to conduct such 
monitoring (see Section 1.e.).
    The Government reportedly blocked access to the Internet Web sites 
of most human rights organizations (see Section 2.a.). Human rights 
activists and lawyers complained of frequent interruptions of postal 
and telephone services (see Section 1.f.).
    AI continued to maintain a local chapter though members complained 
that the office suffered repeated loss of telephone and fax service. 
Persons who were considering joining the chapter reported that security 
officials discouraged them from doing so. AI officials reported that 
they were under periodic police surveillance and that there was 
interference with their mail. In 2001 police assaulted and detained two 
foreign delegates from AI (see Section 1.d.).
    Human rights offices in certain ministries and a governmental body, 
the Higher Commission on Human Rights and Basic Freedoms, addressed and 
sometimes resolved human rights complaints. The Higher Commission 
submits confidential reports directly to President Ben Ali. In 
September the Ministry of Human Rights, Communications, and Relations 
with the Chamber of Deputies was replaced by a new Ministry of Justice 
and Human Rights under Minister of Justice Bechir Tekkari and former 
university professor Hatem Ben Salem was appointed General Coordinator 
for Human Rights in the new ministry (see Section 2.a.). In 2001 the 
Government announced the establishment of a documentation center for 
human rights; however, at year's end, there was no indication that it 
was operating.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution provides that all citizens shall have equal rights 
and responsibilities and be equal under the law, and the Government 
generally respected these rights in practice. Legal discrimination was 
not pervasive, apart from that experienced by women in certain areas, 
such as inheritance, which is governed by Shari'a.

    Women.--Violence against women occurs, but there are no 
comprehensive statistics to measure its extent. In 2000, according to a 
family court judge, women file approximately 4,000 complaints of 
domestic violence each year, but later drop approximately half of those 
complaints. There have been no recent estimates as to the number of 
these complaints. The Tunisian Democratic Women's Association operates 
a counseling center for women who are victims of domestic violence. The 
center assists approximately 20 women per month. The National Union of 
Tunisian Women (UNFT) is a government-sponsored organization that runs 
centers to assist women and children in difficulty. Instances of rape 
or assault by someone unknown to the victim are rare. Police officers 
and the courts tend to regard domestic violence as a problem to be 
handled by the family. Nonetheless, there are stiff penalties for 
spousal abuse. Both the fine and imprisonment for battery or violence 
committed by a spouse or family member are double those for the same 
crimes committed by an individual not related to the victim.
    Rape is specifically prohibited by the Penal Code. There is no 
legal exception to this law for spousal rape, but in part due to social 
stigma there were no reports of spousal rape being prosecuted.
    Prostitution is prohibited by the Penal Code specifically, but 
charges against individuals are rare. There have been no reported cases 
of trafficking, forced prostitution, or sex tourism.
    Women enjoyed substantial rights and the Government has made 
serious efforts to advance those rights, especially in the areas of 
property-ownership practices and support to divorced women. Either the 
mother or father may convey citizenship to a child.
    Muslim women were not permitted to marry outside their religion. 
Marriages of Muslim women to non-Muslim men abroad were considered 
common-law, which are prohibited and thus void when the couple returns 
to the country. Non-Muslim women who marry Muslim men were not 
permitted to inherit from their husbands, nor may the husbands and any 
children (who are considered to be Muslim) from the marriage inherit 
from the non-Muslim wife. Some Christian converts reported difficulty 
in having their civil marriages recognized.
    Most property acquired during marriage, including property acquired 
solely by the wife, still is held in the name of the husband. 
Inheritance law, based on Shari'a and tradition, discriminates against 
women, and women still face societal and economic discrimination in 
certain areas, such as private sector employment.
    Sexual harassment is prohibited specifically by the Penal Code.
    Women comprised approximately 29 percent of the work force. There 
are an estimated 5,000 businesses headed by women, which is an increase 
from 3,900 in 2000. Women served in high levels of the Government as 
cabinet ministers or secretaries of state; there currently are six 
women who hold these positions. Women constituted 37 percent of the 
civil service and 24 percent of the nation's total jurists. Women held 
14 deputy governorships in the country's 24 governorates (or 
administrative regions). Approximately 51 percent of university 
students enrolled in the 2000-2001 academic year were women.
    The law explicitly requires equal pay for equal work. Although 
there are no statistics comparing the average earnings of men and 
women, generally women and men performing the same work are believed to 
be paid the same wages.
    While the rate of illiteracy has dropped markedly in both rural and 
urban areas, the rate of female illiteracy in all categories is at 
least double that of men. Among 10- to 14-year-old children, 5.5 
percent of urban girls are illiterate, compared with 2.2 percent of 
urban boys, and 27 percent of rural girls compared with less than 7 
percent of rural boys.
    Several NGOs focused, in whole or in part, on women's advocacy, or 
research women's issues, and a number of attorneys represent women in 
domestic cases.
    There is a separate Ministry for Women's Affairs, Family and 
Childhood, with a relatively large budget nearly 3 percent of the total 
budget of $2 million (3 million dinars) supporting its mission to 
ensure the legal rights and improve the socioeconomic status of women. 
The Government supported and funded the (UNFT), women's professional 
associations, and the Government's Women's Research Center.

    Children.--The Government demonstrated a strong commitment to free 
and universal public education, which is compulsory until age 16. 
Approximately 80 percent of boys attend until that age in urban areas 
and 60 percent of boys and girls in rural areas. Primary school 
enrollment for the scholastic year was slightly less than the preceding 
year's, reflecting a decline in the birth rate; secondary school 
enrollment showed an increase of 8 percent, which appeared equally 
divided between boys and girls. The Government reported that 99.1 
percent of children attend primary school full-time. The Government 
sponsored an immunization program targeting preschool-age children, and 
reported that more than 95 percent of children are vaccinated.
    Penalties for convictions for abandonment and assault on minors are 
severe. There was no societal pattern of abuse of children. Following 
the September cabinet reshuffle, there were two ministries responsible 
for rights of children. The Ministry of Women's Affairs, Family and 
Childhood and the Ministry of Culture, Youth and Leisure. Each have 
secretaries of state responsible for guaranteeing the rights of 
children. In April the Chamber of Deputies adopted a law to complete 
the Code for the Protection of Children creating a 'Parliament of the 
Child' to teach children civic responsibility.
    There were no reports of child prostitution.

    Persons with Disabilities.--The law prohibits discrimination based 
on disability and mandates that at least 1 percent of the public and 
private sector jobs be reserved for persons with disabilities. All 
public buildings constructed since 1991 must be accessible to persons 
with physical disabilities. Many cities, including the capital, began 
installing wheelchair access ramps on city sidewalks. The Government 
issued special cards to persons with disabilities for benefits such as 
unrestricted parking, priority medical services, preferential seating 
on public transportation, and consumer discounts. The Government 
provided tax incentives to companies to encourage the hiring of persons 
with physical disabilities.
    The law includes provisions prohibiting discrimination against 
persons with mental disabilities. Several active NGOs provide 
educational, vocational, and recreational assistance to children and 
young adults with mental disabilities. Some were funded by the 
Government and international organizations.

    Indigenous Persons.--The Government estimated that the small 
Amazigh (Berber) minority constitutes less than 3 percent of the 
population. Some older Amazighs have retained their native language, 
but the younger generation has been assimilated into local culture 
through schooling and marriage. Amazighs were free to participate in 
politics and to express themselves culturally.

Section 6. Worker Rights

    a. The Right of Association.--The Constitution and the Labor Code 
provide the right of workers to organize and form unions. The 
Government generally respected this right. The Tunisian General 
Federation of Labor (UGTT) is the country's only labor federation. 
Approximately 15 percent of the 3.3 million person work force, 
including civil servants and employees of state-owned enterprises, are 
members, and a considerably larger proportion of the work force is 
covered by union contracts. A union may be dissolved only by court 
order.
    The UGTT and its member unions legally are independent of the 
Government and the ruling party, but operate under regulations that 
restrict their freedom of action. The UGTT's membership included 
persons associated with all political tendencies, although Islamists 
have been removed from union offices. There were credible reports that 
the UGTT receives substantial government subsidies to supplement modest 
union dues and funding from the National Social Security Account. While 
regional and sector-specific unions operate with some independence on 
local issues, the central UGTT leadership generally cooperated with the 
Government regarding its economic reform program. Throughout the year 
the UGTT board showed some independence regarding economic and social 
issues and to support greater democracy.
    The law prohibited antiunion discrimination by employers. However, 
the UGTT claims that there is antiunion activity among private sector 
employers, especially firing of union activists and using temporary 
workers to avoid unionization. In certain industries, such as textiles, 
hotels, and construction, temporary workers account for a large 
majority of the work force. The Labor Code protects temporary workers, 
but enforcement is more difficult than in the case of permanent 
workers. A committee chaired by an officer from the Labor Inspectorate 
of the Office of the Inspector General of the Ministry of Social 
Affairs and Solidarity, and including a labor representative and an 
employers' association representative, approves all worker dismissals.
    Unions were free to associate with international bodies. The UGTT 
is a member of the International Confederation of Free Trade Unions 
(ICFTU), Confederation of Arab Trade Unions, and Confederation of 
African Trade Unions; many individual unions are affiliated with 
relevant international sectoral confederations.

    b. The Right to Organize and Bargain Collectively.--The right to 
organize and bargain collectively is protected by law and observed in 
practice. Wages and working conditions are set in triennial 
negotiations between the UGTT member unions and employers. Forty-seven 
collective bargaining agreements set standards for industries in the 
private sector and cover 80 percent of the total private sector 
workforce. Each agreement was negotiated by representatives of unions 
and employers in the area the agreement encompasses. The Government's 
role in the private sector negotiations was minimal, consisting mainly 
of lending its good offices if talks appear to be stalled. However, the 
Government must approve (but may not modify) the agreements. Once 
approved the agreements set standards for all employees, both union and 
nonunion, in the areas that they cover. The UGTT also negotiated wages 
and work conditions of civil servants and employees of state-owned 
enterprises. The Government is the partner in such negotiations. In 
October the Government completed a series of triennial labor 
negotiations with the UGTT and UTICA (the private sector's employer's 
association). Negotiations were protracted and complex but resulted in 
a compromise of a 5 percent wage hike across most sectors. The 
agreements signed in 2000 provided for annual wage increases ranging 
from four to six percent.
    Unions, including those representing civil servants, have the right 
to strike, provided that they give 10 days advance notice to the UGTT 
and it approves of the strike. The ICFTU has characterized the 
requirement for prior UGTT approval of strikes as a violation of worker 
rights. However, such advance approval rarely was sought in practice. 
There were numerous short-lived strikes over failure by employers to 
fulfill contract provisions regarding pay and conditions and over 
efforts by employers to impede union activities. While the majority of 
the strikes technically were illegal, the Government did not prosecute 
workers for illegal strike activity, and the strikes were reported 
objectively in the press. The law prohibited retribution against 
strikers.
    Labor disputes were settled through conciliation panels in which 
labor and management are represented equally. Tripartite regional 
arbitration commissions settle industrial disputes when conciliation 
fails.
    There were export-processing zones (EPZs) in the country.

    c. Prohibition of Forced or Bonded Labor.--The law prohibits forced 
and bonded labor by children, and the Government generally enforced 
this prohibition effectively; however, some families of teenage girls 
placed them as household domestics to collect their wages (see Section 
6.d.).

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The minimum age for employment is 16 years. The minimum 
age for light work in the nonindustrial and agricultural sectors is 13 
years. Workers between the ages of 14 and 18 must have 12 hours of rest 
per day, which must include the hours between 10 p.m. and 6 a.m. 
Children between the ages of 14 and 16 in nonagricultural sectors may 
work no more than 2 hours per day. The total time that children spend 
in school and work may not exceed 7 hours per day. The minimum age for 
hazardous or manual labor is 18. Inspectors of the Ministry of Social 
Affairs and Solidarity examined the records of employees to verify that 
employers comply with the minimum age law. There were no reports of 
sanctions against employers. Nonetheless, young children often 
performed agricultural work in rural areas and worked as vendors in 
urban areas, primarily during the summer vacation from school.
    Observers have expressed concern that child labor continued to 
exist, disguised as apprenticeship, particularly in the handicraft 
industry, and in the cases of teenage girls whose families place them 
as household domestics in order to collect their wages. There were no 
reliable statistics on the extent of this phenomenon; however, an 
independent lawyer who conducted a study of the practice in 2000 
concluded that hiring of underage girls as household domestics has 
declined with increased government enforcement of school attendance and 
minimum work age laws. The law prohibits forced and bonded child labor, 
and the Government generally enforces this prohibition effectively (see 
Section 6.c.).

    e. Acceptable Conditions of Work.--The Labor Code provides for a 
range of administratively determined minimum wages, which are set by a 
commission of representatives from the Ministries of Social Affairs and 
Solidarity, Development and International Cooperation, and Finance, in 
consultation with the UGTT and the Employers' Association. The 
President approved the commission's recommendations. In June the 
industrial minimum wage was raised to $147.43 (200.5 dinars) per month 
for a 48-hour workweek and to $129.34 (175.9 dinars) per month for a 
40-hour workweek. The agricultural minimum wage is $4.45 (6.059 dinars) 
per day. When supplemented by transportation and family allowances, the 
minimum wage provides for a decent standard of living for a worker and 
family, but covering only essential costs. The Labor Code sets a 
standard 48-hour workweek for most sectors and requires one 24-hour 
rest period per week.
    Regional labor inspectors are responsible for enforcing wage and 
hour standards. They inspect most firms about once every 2 years. 
However, the Government often encountered difficulty in enforcing the 
minimum wage law, particularly in nonunionized sectors of the economy. 
Moreover, more than 240,000 workers were employed in the informal 
sector, which falls outside the purview of labor legislation.
    The Ministry of Social Affairs and Solidarity has responsibility 
for enforcing health and safety standards in the workplace. There were 
special government regulations covering such hazardous occupations as 
mining, petroleum engineering, and construction. Working conditions and 
standards tend to be better in firms that are export oriented than in 
those producing exclusively for the domestic market. Workers were free 
to remove themselves from dangerous situations without jeopardizing 
their employment, and they may take legal action against employers who 
retaliate against them for exercising this right.
    The few foreign workers have the same protections as citizen 
workers.

    f. Trafficking in Persons.--The law does not prohibit trafficking 
in persons; however, it does prohibit slavery and bonded labor. 
Trafficking in persons generally was not a problem; however, in June 
eleven people drowned off the north coast near Kelibia (55 miles 
northeast of Tunis) trying to swim to a boat smuggling people to Italy. 
Police arrested 70 persons who had boarded the ship, the captain, and 
several of the organizers of the smuggling ring. Defendants claimed 
they had paid up to $710 (970 dinars) each to a smuggling network to 
cross the Mediterranean to Italy. In July five defendants accused of 
organizing the smuggling ring were convicted and sentenced to 6 years 
in prison each. The 70 who attempted to immigrate illegally were fined 
$150 (205 dinars) each.
    In September the bodies of 10 illegal immigrants washed ashore in 
Sicily. Fifty more immigrants were rescued from the sea after being 
thrown overboard by their smugglers. The Italian Navy arrested the 27-
year-old citizen captain of the boat. All on board were local 
nationals.
    In October the Government hosted a ministerial conference on 
migration throughout the western Mediterranean. The conference included 
ministers from Algeria, Spain, France, Italy, Libya, Malta, Morocco, 
Mauritania, and Portugal and resulted in the ``Tunis Declaration,'' 
aimed at combating illegal migration.
                               __________

                          UNITED ARAB EMIRATES

    The United Arab Emirates (UAE) is a federation of seven emirates 
established in 1971. None has any democratically elected institutions 
or political parties. Traditional rule in the emirates generally has 
been patriarchal, with political allegiance defined in terms of loyalty 
to the tribal leaders. There are no general elections, but citizens may 
express their concerns directly to their leaders through traditional 
mechanisms, such as the open majlis, or council. In accordance with the 
1971 Constitution, the seven emirate rulers constitute a Federal 
Supreme Council, the highest legislative and executive body. The 
Council selects a President and Vice President from its membership; the 
President in turn appoints the Prime Minister and Cabinet. In December 
2001, the Council reelected Shaikh Zayed bin Sultan al-Nahyan as head 
of the state for 5 years. The Constitution requires the Council to meet 
annually, although individual leaders met frequently in more 
traditional settings. The Cabinet manages the Federation on a day-to-
day basis. A consultative body, the Federal National Council (FNC), 
consisting of 40 advisors appointed for 2-year terms by the emirate 
rulers, reviews proposed legislation, discusses the annual budget, and 
may question federal government ministers in open sessions. Each 
emirate retains control over its own oil and mineral wealth, some 
aspects of internal security, and some regulation of internal and 
external commerce. The federal government asserts primacy in matters of 
foreign and defense policy, some aspects of internal security, and 
increasingly in matters of law and the supply of some government 
services. The judiciary generally was independent, but its decisions 
were subject to review by the political leadership.
    Each emirate maintained its own independent police force. While all 
emirate internal security organs theoretically were branches of one 
federal organization, in practice they operate with considerable 
independence. There were no reports that security forces committed 
human rights abuses.
    The country has a free market economy based on oil and gas 
production, trade, and light manufacturing. The local government in 
each emirate owns the petroleum production enterprise in that emirate. 
Most of the country's petroleum resources were located in Abu Dhabi, 
the largest emirate by area. The Emirate of Dubai was likewise an oil 
producer, as well as a growing financial, commercial, and tourism 
center in the region. The remaining five emirates had negligible 
resources and therefore depended in varying degrees on federal 
government subsidies. The economy provided citizens with a high per 
capita income, but it was heavily dependent on foreign skilled and 
unskilled workers. The expatriate population amounted to more than 80 
percent of the estimated 3.9 million population in the country.
    The Government generally respected its citizens' rights in some 
areas; however, its record was poor in other areas. Citizens did not 
have the right to change their government. The Government restricted 
the freedoms of speech and of the press. The press continued to avoid 
direct criticism of the Government and exercised self-censorship. The 
Government restricted the freedoms of assembly and association, and 
imposed some restrictions on freedom of religion. The Government 
restricted the rights of workers, some of whom were not protected by 
labor laws. There were no labor unions. There were reports of poor 
working conditions, failure to pay wages, and abuse of foreign domestic 
servants in an economy in which 98 percent of the private sector 
workforce was foreign. The Ministry of Labor and Social Affairs 
intensified the inspection of establishments to ensure compliance with 
the labor laws and ferret out violators. Trafficking in women and 
children continued to be a problem. Beginning September 1, the 
Government implemented and enforced a ban against the use of juvenile 
camel jockeys, a number of whom were trafficked to the country from 
South Asia.

                        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 during the year. There were no developments in 
the case of Libyan national Abdullah Abu al Ghazali, who died while in 
security force custody in September 2001. According to Amnesty 
International (AI), al-Ghazali's wife was informed that her husband had 
committed suicide while in detention. At year's end, there was no new 
information on the investigation of 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 prohibits torture, and there were no 
reports that government officials employed it.
    Shari'a (Islamic law) courts (except in Dubai) frequently imposed 
flogging on Muslims found guilty of adultery, prostitution, and drug or 
alcohol abuse. In practice flogging was administered in accordance with 
Shari'a to prevent major or permanent injuries. Convictions in the 
Shari'a courts did not necessarily require the imposition of Shari'a 
penalties on non-Muslims, but such sentences were carried out in a few 
cases. According to AI, in 2001, at least 18 flogging sentences were 
passed in cases of adultery.
    Prison conditions reportedly were mixed, depending on the location. 
Dubai and Abu Dhabi prison conditions generally met international 
standards; however, rural prison conditions at times were inadequate. 
Men and women were housed separately. Pretrial detainees were kept 
separately from convicted criminals until the trial begins. Juveniles 
were housed separately from adults.
    There was no independent monitoring of prison conditions. There was 
no information that the International Committee of the Red Cross (ICRC) 
requested or was denied access to prisons for independent monitoring.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest, search, detention, or imprisonment. The law 
permits incommunicado detention; in the past, the Government generally 
used it in allegedly sensitive criminal cases in which the police 
claimed that communication between the accused and a third party could 
jeopardize their investigation. In such cases, no one was notified that 
the person had been arrested and was being held, which could amount to 
forced disappearance.
    The law prohibits arrest or search without probable cause.
    Under the Criminal Procedures Code, the police must report arrests 
within 48 hours to the Public Prosecutor, who must determine within the 
next 24 hours whether to charge, release, or order further detention 
pending an investigation. The Public Prosecutor may order that 
detainees be held for 7 days with the discretion to extend detention 
for another 14 days. For additional detention without charge in cases 
of felonies or misdemeanors punishable by imprisonment, the authorities 
must obtain a court order. A court-ordered extension may not exceed an 
additional 30 days of detention without charge and is granted only upon 
a showing by the authorities of sufficient evidence that the defendant 
committed the offense.
    The country was a signatory to the Vienna Convention. However, at 
times some foreign diplomats complained that the authorities did not 
notify them when their citizens were detained or arrested, and that 
they only discovered the detention or arrest by word of mouth, by 
periodic prison visits, or because of an inquiry from the citizen's 
family as to the citizen's whereabouts.
    In concert with other governments, there were arrests and detention 
in 2001 of numerous individuals suspected of ties to extremist groups. 
Most of them were released.
    The Federal Constitution provides accused persons the right to a 
speedy trial. This right most often is invoked in civil cases, with 
civil defendants at times demanding same-day disposition of the cases 
filed against them. Authorities generally brought criminal defendants 
to trial in a reasonable time, with the exception of drug-related 
cases. In drug-related cases, the authorities were required to inform 
the office of the ruler for the emirate in which the offense was 
committed of the charges.
    Trials could last a substantial period of time, depending on the 
seriousness of the charges, number of witnesses, and availability of 
judges. Rape cases sometimes took more than 1 year to get to trial. 
There was no formal system of bail, but the authorities temporarily 
could release detainees who deposited money, an important document such 
as a passport, or an unsecured personal guarantee statement signed by a 
third party. Those arrested on regular charges were generally allowed 
to telephone third parties while in detention.
    Defendants in cases involving loss of life, including involuntary 
manslaughter, could be denied release in accordance with the law. 
However, bail usually was permitted after a payment of compensation, 
which was a form of financial penalty imposed on defendants in criminal 
cases involving a killing.
    Review of criminal cases by the local ruler's diwan and 
bureaucratic delays in processing prisoners or releasing them at times 
could result in detainees serving additional, unnecessary time in the 
central prisons.
    The rulers of the various emirates regularly pardoned prisoners on 
religious and national holidays. Those pardoned generally were serving 
sentences from 3 to 5 years for financial crimes, immigration 
violations, and other minor offenses; pardons reportedly were not 
extended to prisoners convicted of murder, rape, and kidnaping. Most of 
the pardoned foreign nationals were to be deported, while those jailed 
for financial crimes were to be given a grace period to settle amounts 
still owed.
    The Constitution prohibits forced exile, and it was not practiced.

    e. Denial of Fair Public Trial.--The Constitution provides for the 
independence of the judiciary; however, its decisions were subject to 
review by the political leadership.
    Most judges were noncitizen Arabs, whose mandate was subject to 
periodic renewal by the Government. The percentage of citizens serving 
as public prosecutors and judges, particularly at the federal level, 
continued to grow.
    There is a dual system of Shari'a (Islamic) courts for criminal and 
family law matters and secular courts for civil law matters. The civil 
courts generally were part of the federal system, except in the Dubai 
and Ras Al-Khaimah Emirates, and were answerable to the Federal Supreme 
Court located in Abu Dhabi, which had the power of judicial review as 
well as original jurisdiction in disputes between emirates or between 
the federal government and individual emirates. The Emirates of Dubai 
and Ras Al-Khaimah had their own local and appellate courts, which had 
jurisdiction over matters within their territory that the Constitution 
or federal legislation did not specifically reserve to the federal 
system. The Emirates of Dubai and Ras Al-Khaimah did not refer cases in 
their courts to the Federal Supreme Court located in Abu Dhabi for 
judicial review, although they maintained a liaison with the federal 
Ministry of Justice, Islamic Affairs, and Awqaf.
    Each emirate administered Shari'a courts. In some emirates, in 
addition to family matters, these courts considered all types of civil 
and commercial cases as well as serious criminal cases. They acted in 
accordance with traditional Islamic law and practice, but also were 
required to answer to the Federal Supreme Court. Dubai had a special 
Shi'a council to act on matters pertaining to Shi'a family law (see 
Section 5).
    Legal counsel may represent defendants in both court systems. Under 
the Criminal Procedures Code, the accused has a right to government-
provided counsel in all cases involving a capital crime or possible 
life imprisonment regardless of whether the defendant is financially 
able to hire counsel. The Government provides counsel to indigent 
defendants charged with felonies punishable by ``provisional 
imprisonment'' or imprisonment of 3-15 years.
    The right to legal counsel was interpreted to provide that the 
accused was entitled to an attorney only after the police had completed 
their investigation. Thus, police could question accused persons 
sometimes for days or weeks, as in narcotics cases, without benefit of 
legal counsel.
    Defendants are presumed innocent until proven guilty. There were no 
jury trials. The number of judges sitting for a case depended on the 
type of crime alleged. Generally three judges sat for felony criminal 
cases and one judge sat in all other cases. All trials were public, 
except for national security cases and those deemed by the judge likely 
to harm public morality.
    Each court system has an appeals process. Death sentences may be 
appealed to the ruler of the emirate in which the offense was committed 
or to the President of the Federation. Non-Muslims who are tried for 
criminal offenses in Shari'a courts could receive civil penalties at 
the discretion of the judge. Shari'a penalties imposed on non-Muslims 
could be overturned or modified by a higher court.
    In cases in which a defendant is acquitted of a crime, the 
prosecutor may appeal the acquittal to a higher court. If the case is 
appealed, the higher court reviews the case and may receive more and 
new evidence. If convinced of the defendant's guilt, the appellate 
court may set aside the lower court's verdict of not guilty and enter a 
verdict of guilty with an order that the defendant pay compensation. 
The appellate standard for overturning an acquittal is reportedly 
``without the slightest doubt of guilt.''
    In cases in which a defendant is sentenced to death, the sentence 
may be reduced to a term of imprisonment if the victim or victim's 
family provides a statement to the court forgiving the defendant. This 
waiver by the victim or victim's family was sometimes made in exchange 
for ``diya,'' a financial payment from the defendant. The term of 
imprisonment in criminal cases was not related to the defendant's 
payment of compensation to the victim or victim's family.
    The local rulers' diwans, following traditional prerogatives, 
maintained the practice of reviewing many types of criminal and civil 
offenses before cases were referred to the prosecutor's office. 
However, this practice was not as prevalent during the year, and such 
cases usually were referred directly to the prosecutor's office. The 
diwans may review sentences passed by judges and reserve the right to 
return cases to the courts on appeal. The diwans' involvement, which 
typically occurred when the case involved parties from two different 
emirates or a citizen and a noncitizen, could lead to long delays prior 
to and following the judicial process, causing some prisoners to remain 
in prison after they had completed their sentences. Unlike in the past, 
there were no reports of intervention by other emirates' rulers in 
specific cases of personal interest.
    The military has its own court system based on western military 
judicial practice. Military tribunals try only military personnel. 
There was no separate national security court system. Convicted 
criminals may request a pardon at any time, except if convicted of 
serious offenses such as murder.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits entry into homes without 
the owner's permission, except in accordance with the law. Only police 
officers and public prosecutors carrying a warrant were permitted entry 
into homes. If the authorities entered a home without a warrant, their 
actions were considered illegal, and the evidence obtained thereby was 
suppressible. Officers' actions in searching premises were subject to 
review, and officers were subject to disciplinary action if they acted 
irresponsibly. Local custom and practice place a high value on privacy, 
and entry into private homes without the owner's permission was rare. A 
female police officer was required to be present during the search of a 
private home when male family members were absent. There was no known 
surveillance of private correspondence, although there have been cases 
of incoming international mail being censored.
    Family matters for Muslims are governed by Shari'a law and the 
local Shari'a courts. As such, Muslim women are forbidden to marry non-
Muslims. However, in addition to marrying Muslim women, Muslim men are 
free to marry women ``of the book,'' that is Christian or Jewish women.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech; however, the Government restricted this right in 
practice. Freedom of the press was restricted.
    The law specifically prohibits criticism of the Government, ruling 
families, and friendly governments that threaten social stability under 
penalty of imprisonment. However, the law was rarely enforced because 
journalists practiced self-censorship, and there were no such cases 
reported during the year.
    The country's three English-language newspapers were privately 
owned, as were three of its six Arabic-language newspapers; however, 
all privately owned newspapers received government subsidies. 
Newspapers often relied on news agencies for reporting and news. The 
Government-owned Emirates News Agency regularly provided all newspapers 
with themes for editorials and with articles regarding domestic and 
international issues, which then usually were printed verbatim.
    By law the Ministry of Information must license all publications. 
The Ministry also approves the appointment of editors. The law governs 
content and contains a list of proscribed subjects. Government 
officials reportedly warned journalists when they published material 
deemed politically or culturally sensitive.
    Journalists engaged in critical investigative reporting on 
government policy, the ruling families, national security, religion, 
and relations with neighboring states only if given at least implied 
permission to report on such matters. During the year, there were no 
such articles that received widespread attention.
    In September 2000, the Government banned 10 prominent citizens, 
including 4 university professors, from publishing opinion pieces in 
the country's Arabic and English language press and from giving local 
television interviews. In April 2001, in response to inquiries by the 
FNC, the Minister of Information stated that no written ban existed. 
Reports indicated, however, that a ``de facto'' ban promoted by the 
Government continued to exist, prohibiting those banned from writing 
articles or granting interviews, despite remarks by government 
officials to the contrary.
    Emirates Media, which published Al-Ittihad newspaper and owned Abu 
Dhabi's radio and television stations, forbade all its employees, 
including journalists, from speaking with representatives of foreign 
diplomatic missions without prior approval, although the rule was not 
enforced in practice.
    A press club in Dubai provided facilities for the international 
press, including access to information, and served as a site for 
discussions between political figures and journalists. While self-
censorship conditions what was reported, foreign journalists and news 
organizations, including Reuters and CNN operating out of Dubai Media 
City, part of the Dubai Technology, Electronic Commerce and Media Zone 
(TECOM), reported that they experienced little to few or no 
restrictions on the content of print and broadcast material produced 
for use outside the country.
    In January the Dubai Press Club invited 18 international press 
clubs to form the International Association of Press Clubs, of which 
Dubai would be the permanent secretariat.
    All television and radio stations were government-owned and 
conformed to government reporting guidelines; however, these 
unpublished guidelines were not always applied consistently. Satellite 
receiving dishes were widespread and provided access to international 
broadcasts without apparent censorship. The main pan-Arab dailies were 
not censored and were distributed on the same day of publication. 
Censors at the Ministry of Information and Culture reviewed imported 
newspapers, magazines, periodicals, books, films, and videos; they 
banned or censored before distribution any material considered 
pornographic, violent, derogatory to Islam, supportive of certain 
Israeli government positions, unduly critical of friendly countries, or 
critical of the Government or the ruling families.
    According to a press report, local access to the Internet, which 
was open to public use with an estimated 1 million users, was through a 
state-owned monopoly. However, the public was reportedly increasingly 
in favor of ending this monopoly and opening the market to more 
companies. A proxy server blocked material regarded as pornographic or 
as promoting radical Islamic ideologies and antigovernment sites. In 
most cases, the proxy server did not appear to block news services, 
political expression unrelated to radical Islam, or material 
originating from specific countries. The Internet monopoly solicited 
suggestions from users regarding ``objectionable'' sites, and at times 
the Government responded by briefly blocking some politically oriented 
sites, which were, after an apparent review, later unblocked. The 
monopoly also blocked commercial ``voice-chat'' sites on the Internet.
    The ban on criticism of the Government also restricts academic 
freedom. Academic materials destined for schools in the country were 
subject to censorship. For example, male and female students were 
banned from reading texts in which the human body was pictured or 
sexuality was featured (see Section 5). In February the Ministry of 
Education and Youth listed 26 books prohibited in schools (although 
such books were widely available in bookstores), and obligated private 
schools to comply with the Ministry of Education and Youth's censorship 
rules regarding curricula and textbooks.
    There were no specific cases reported regarding restrictions on 
academic freedom.

    b. Freedom of Peaceful Assembly and Association.--The Government 
restricted freedom of peaceful assembly. Organized public gatherings 
required a government permit, which rarely was granted. In practice, 
however, the Government rarely interfered with informal gatherings held 
without a government permit in public places unless complaints were 
made.
    There were a number of organized gatherings of workers before the 
Ministry of Labor & Social Affairs complaining of unpaid wages. There 
also were a number of peaceful marches and rallies conducted in support 
of the Palestinian cause.
    Each emirate determined its own practice on public gatherings.
    Citizens normally confined their political discussions to the 
numerous gatherings or majlises, which were held in private homes. 
There were a multitude of associations organized for economic, 
religious, labor, social, cultural, sports, and other purposes.
    The Government does not permit freedom of association without prior 
permission; however most types of associations were allowed without 
prior permission.
    Unauthorized political organizations are prohibited. There were no 
political parties, independent human rights groups, or trade unions 
(see Sections 3, 4, and 6.a.).
    All nongovernmental organizations (NGOs) must be registered with 
the Ministry of Labor and Social Affairs; however, a number of 
unregistered local NGOs operated in the country. NGOs in the country 
focused on a multitude of issues, including women's issues, the 
environment, natural history and archaeology. The Jurists Association's 
Human Rights Committee focused on local and regional human rights 
issues. The percentage of citizen membership in NGOs varied widely. 
Also, all private associations, including children's clubs, charitable 
groups, and hobby associations, must be approved and licensed by local 
authorities, although this requirement was enforced loosely in some 
emirates. NGOs registered or licensed with the Government reportedly 
received funds or subsidies from the Government according to the size 
of their membership.
    Private associations must follow the Government's censorship 
guidelines if they publish any material.

    c. Freedom of Religion.--The Federal Constitution designates Islam 
as the official religion, and Islam is also the official religion of 
all seven of the individual emirates of the federal union. The Federal 
Constitution provides for the freedom to exercise religious worship in 
accordance with established customs, provided that it does not conflict 
with public policy or violate public morals. The Government generally 
respected this right in practice; however, the Government controlled 
virtually all Sunni mosques and prohibited proselytizing by non-
Muslims.
    Virtually all Sunni mosques were government funded or subsidized; 
about 5 percent of Sunni mosques were entirely private, and several 
large mosques had large private endowments. The federal Ministries of 
Justice and Islamic Affairs and Awqaf distributed weekly guidance to 
both Sunni imams and Shi'a shaikhs regarding subject matter, themes, 
and content of religious sermons, and ensured that clergy did not 
deviate frequently or significantly from approved topics in their 
sermons. All Sunni imams were employees of either the Federal Ministry 
of Justice, Islamic Affairs and Awqaf, or individual emirate 
departments. The Emirate of Dubai's Department of Islamic Affairs and 
Endowments controlled the appointment of preachers in that Emirate's 
private mosques, as well as the conduct of their work.
    The Shi'a minority, which was concentrated in the northern 
emirates, was free to worship and maintain its own mosques. All Shi'a 
mosques were considered private and receive no funds from the 
Government. The Government did not appoint shaikhs for Shi'a mosques. 
Shi'a Muslims in Dubai could pursue Shi'a family law cases through a 
special Shi'a council rather than the Shari'a courts.
    Considerable local autonomy in religious matters resided in the 
individual emirates. There did not appear to be a formalized method of 
granting official status to religious groups. Rather, the ruling 
families could grant access to land and permission to build a church 
thereon. Since not all religious groups had land use grants with 
churches built there, several unrelated Christian congregations were 
required to share common facilities. Even so, because Islam considers 
Christianity one of the three monotheistic religions, facilities for 
Christian congregations were far greater in number and size than those 
for non-Christian and non-Muslim groups, despite the fact that 
Christians represented less than a quarter of non-Muslim foreigners.
    Some non-Muslims were permitted to practice their religion freely 
in religious compounds built on land grants from the local rulers. In 
such cases, a religious group leader requested from the local ruler a 
grant of land (title to which remained with the ruler) with permission 
to build a house of worship there. Religious groups without land grants 
and churches built on it were limited in their ability to assemble for 
worship and to conduct business, but were allowed to worship on the 
compounds of other religious groups if permitted by such religious 
groups to do so. Discreet, off-compound private and public gatherings 
were not targeted or disrupted by the police or other security forces.
    The Government followed a policy of tolerance towards non-Muslim 
religions and in practice, interfered very little in the religious 
activities of non-Muslims. Apparent differences in the treatment of 
Muslim and non-Muslim groups often had their origin in the dichotomy 
between citizens and noncitizens rather than religious difference.
    The conversion of Muslims to other religions was regarded with 
extreme antipathy. Therefore, although non-Muslims in the country were 
free to practice their religion, they were not allowed to proselytize 
publicly or distribute religious literature under penalty of criminal 
prosecution and imprisonment. While there was no law against missionary 
activities, in the past, authorities threatened to revoke the residence 
permits of persons suspected of such activities; however, no such 
permits were revoked during the year. Although the Government did not 
permit foreign missionaries to proselytize, they have performed 
nontraditional humanitarian missionary work since before the country's 
independence in 1971. An International Bible Society representative in 
Al-Ain distributed bibles and other religious material to Christian 
religious groups countrywide. Authorities did not deny permission to 
Christians who attempted to distribute religious material to remain in 
the country.
    On November 12, two members of the CID arrested a Filipino pastor 
for distributing religious materials at a public shopping mall in 
violation of the prohibition against proselytizing. He was detained 
until December 17 before being released on informal bail and provided 
his passport to the authorities as security for his release. He was not 
charged formally by year's end; however, his movements in the country 
have not been restricted, and he reportedly has preached to various 
evangelical congregations throughout the country since his release.
    In March 2001, Dubai police arrested four visiting noncitizens for 
violating laws barring non-Muslims from proselytizing because they 
distributed Christian religious materials, including videos and CD-
ROMS, on a public street. One of those arrested was detained for less 
than a week. The accused persons deposited their passports as security 
to guarantee their appearance in court. They were able to move freely 
about Dubai but not permitted to leave the city. The charges against 
the noncitizens were dropped in April 2001 and they left the country 
the following day.
    Although immigration authorities routinely asked foreigners to 
declare their religious affiliation, the Government did not collect or 
analyze this information, and religious affiliation was not a factor in 
the issuance or renewal of visas or residence permits. In 2001 Abu 
Dhabi inquired about religious affiliation in its fist municipality-
wide census as part of a demographic analysis.
    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 
or relocation within the country. Except for security areas such as 
defense and oil installations, the Government generally respected these 
rights in practice.
    Unrestricted foreign travel and emigration are permitted to male 
citizens, except those involved in legal disputes under adjudication. 
Custom dictated that a husband could bar his wife, minor male and 
female children, and adult unmarried daughters from leaving the 
country, which he usually accomplished by taking custody of their 
passports (see Section 5). However, there was no enforcement of this 
custom at exit points unless there was a court order that barred an 
individual from traveling. All citizens have the right to return.
    There was a small population of ``stateless'' residents who either 
were without citizenship or had no proof of citizenship to any country. 
Many such families have lived in the country for more than one 
generation. Many stateless residents originally were from Iran and 
South Asia; other stateless residents included Bedouins or the 
descendants of Bedouins who were unable to prove that they originated 
in the country. There was no formal procedure for naturalization, 
although foreign women received citizenship by marriage to a citizen, 
and anyone could receive a passport by presidential fiat. Because they 
were not of the original tribal groups, naturalized citizens could have 
their passports and citizenship status revoked for criminal or 
politically provocative actions; however, such revocations were rare, 
and there were no reports of such occurrences during the year.
    A child born to a citizen man and noncitizen woman acquired 
citizenship at birth. In November the Government announced that 
children born to citizen women and noncitizen men also acquired 
citizenship at birth.
    Although not sanctioned by law, employers generally required 
foreign national employees to surrender their passports as a condition 
of employment. In practice this prevented international travel or 
repatriation by foreign national employees without their employers' 
consent and especially affected such employees in the resolution of 
employment disputes. Employers sometimes petitioned immigration 
authorities to blacklist employees with whom they were engaged in 
contract disputes. Citizens were not restricted in seeking or changing 
employment. However, foreign nationals in specific occupations could 
not change employers without first leaving the country for 6 months 
(see Section 6.e.).
    The Government has not formulated a formal policy regarding 
refugees, asylees, or first asylum. In the past, the Government 
detained persons seeking refugee status, particularly non-Arabs, while 
they awaited resettlement in a third country.
    There were no reports during the year of persons seeking refugee 
status or first asylum and the issue of first asylum did not arise 
during the year. 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, 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. There 
are no popular elections or democratic institutions, and citizens do 
not have the right to form political parties. Federal executive and 
legislative power is in the hands of the Federal Supreme Council, a 
body composed of the hereditary rulers of the seven emirates that 
elects from its members the country's President and Vice-President. 
Decisions at the federal level generally were made by consensus among 
the rulers, their families, and other leading families. The seven 
emirate rulers, their extended families, and those persons and families 
to whom they were allied by historical ties, marriage, or common 
interest held political and economic power in their respective 
emirates.
    A federal consultative body, called the Federal National Council 
(FNC), consists of 40 advisors appointed by the rulers. Advisors are 
drawn from each emirate, with proportion based on emirate population. 
The FNC has no legislative authority but it may question ministers and 
make policy recommendations to the Cabinet. Its sessions usually were 
open to the public.
    The choice of appointing a new emirate ruler falls to the ruling 
family in consultation with other prominent tribal figures. By 
tradition, rulers and ruling families were presumed to have the right 
to rule, but their incumbency ultimately depended on the quality of 
their leadership and their responsiveness to their subjects' needs. 
Emirate rulers were accessible, in varying degrees, to citizens who had 
a problem or a request.
    Tradition rather than the law limited the political role of women, 
and there were very few women in senior positions. There were no female 
members of the FNC. In Sharjah five women served on the emirate-wide, 
40-member Consultative Council. The new female Council members were 
appointed to the Council's Family Development Committee; however, they 
reportedly were not limited to working on social issues and could also 
join the Council's other committees. Other women in senior government 
positions included an undersecretary in the Ministry of Labor and 
Social Affairs and an assistant undersecretary for planning and 
evaluation in the Ministry of Education.
    Although the small Shi'a minority has enjoyed commercial success, 
few Shi'as held top positions in the Federal government.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Jurists' Association Human Rights Committee, which focused on 
human rights education, operated as an independent domestic human 
rights NGO. The Committee conducted a number of seminars and symposia 
throughout the year on various human rights issues.
    The Government cooperated with international human rights NGOs, 
other foreign human rights NGOs, and international governmental 
organizations. There were no reports that the Government refused to 
cooperate with or refused access to international NGO human rights 
monitors.
    In the summer, AI visited the country and discussed various human 
rights issues with government officials. During the year, the 
Government also cooperated with foreign NGOs and worked with foreign 
governments on issues involving the practice of trafficking in boys for 
use as child camel jockeys.
    In July representatives from the Armenian office of the 
International Organization for Migration met with government officials 
and community members to discuss trafficking in women issues. The 
Government continued to work with the International Labor Organization 
on labor issues.
    In May the Ministry of the Interior conducted a seminar entitled 
``Police Profession and Human Rights'' and created a Human Rights 
Department to monitor human rights abuses centrally and to increase 
awareness on human rights issues.
    In July the Government-sponsored Zayed Center for Coordination and 
Follow-Up, an affiliate of the Arab League, hosted a 2-day 
international conference on human rights and war victims. In December 
the Dubai Police Human Rights Section hosted a conference on the 
protection of prisoners' rights and other human rights issues. The 
Dubai Police Academy continued to include a course on human rights in 
its curriculum for fourth-year students.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution provides for equality before the law without 
regard to race, nationality, or social status. However, there was 
institutional and cultural discrimination based on sex and nationality.

    Women.--Abuse and rape are criminal offenses, and offenders were 
prosecuted and penalized. There were some reported cases of spousal 
abuse. The laws protect women from verbal abuse or harassment from men, 
and violators were subject to criminal action. Police units were 
stationed at major public hospitals so that victims of abuse could file 
complaints, which would fall under the jurisdiction of the Shari'a 
courts; in addition, attending physicians could call upon police to 
interview suspected victims of abuse. Social workers and counselors 
also maintained offices at public hospitals. However, women sometimes 
were reluctant to file formal charges for social, cultural, and 
economic reasons. When abuse was reported to local police, authorities 
could take action to protect the complainant. There continue to be 
credible reports of physical and sexual abuse of female domestic 
servants by some local and foreign employers (see Section 6.e.). In 
July the Women's Da'waa Administration, part of the Dubai Awqaf and 
Islamic Affairs Department, established a telephone hotline for women 
and children. The hotline had direct access to the Dubai Police if 
police assistance was necessary, and was open to requests for 
assistance from women in all emirates.
    Although ``honor killings'' were uncommon, in June, in an apparent 
``honor killing'' case, the Shari'a Appeal Court in Ras Al-Khaimah 
Emirate commuted a foreign national's sentence of death to 5 years 
served upon the defendant's parents' request that the death penalty be 
waived. The defendant was convicted of the death of his younger sister 
by stabbing because she married without her family's approval. The 
defendant also seriously injured a second sister who tried to 
intervene.
    Prostitution is illegal; however, it has become an increasing 
problem in recent years, particularly in Dubai. No accurate statistics 
were available. However, substantial numbers of women arrived from the 
states of the former Soviet Union, Africa, East Asia, Eastern Europe, 
and other states of the Middle East for temporary stays during which 
they engaged in prostitution and possibly other activities connected 
with organized crime. There was credible evidence that many of these 
women sought to enter the country to make substantially more money than 
they could earn in their home countries by engaging in prostitution; 
however, other reports suggested that some of them engaged in 
involuntary prostitution because their salaries were not paid or they 
were reduced (see Section 6.f.).
    While prostitution was acknowledged widely to exist, the Government 
did not address the issue publicly because of societal sensitivities. 
In an effort to combat prostitution, the Dubai police conducted special 
patrols in areas frequented by prostitutes, and the immigration and 
police forces have formed special units that conducted raids and sting 
operations in areas frequented by prostitutes. To address the problem, 
authorities restricted the number of visas issued to single women 
between the ages of 30 and 40. However, press reports indicated that 
airlines and tourism companies continued to obtain visitor visas for 
single women between the ages of 30 and 40.
    Trafficking in women for the purposes of sexual exploitation was a 
problem (see Section 6.f.).
    There were no legal prohibitions against women owning property or 
businesses. The Shari'a law of inheritance applies equally to men and 
women although laws of distribution may differ. When a woman marries, 
her separate property (including her dowry, which is set by law at a 
maximum of approximately $13,700 or 50,000 dirhams) and the income of 
her separate property remain under her control and are not commingled 
with the separate property of her husband. During the marriage, the 
husband is obliged to provide a marital home and necessities for his 
wife and children. In the event of divorce, a woman takes her separate 
property, any amounts she receives in a property settlement with her 
husband, plus any allowances granted to her for maintenance for her and 
the children.
    Custom dictated that a husband could bar his wife, minor male and 
female children, and adult unmarried daughters from leaving the 
country, if only by taking custody of their passports (see Section 
2.d.).
    Neither the labor law nor the civil service law, which covers labor 
matters in the public sector, prohibits the employment of women. A man 
has no right under Shari'a law to ban his wife from working if she was 
employed at the time of their marriage. By custom and tradition, some 
government bodies would not employ a married woman without her 
husband's written consent, although such permission usually was 
granted.
    Shari'a law is applied in personal status cases. The law permits 
men to have more than one wife, but not more than four, at a time. A 
husband is required to ask his wife's permission and approval before he 
may take a second wife.
    Divorce is permissible. A woman may be granted a divorce if she can 
prove that her husband has inflicted physical or moral harm upon her; 
for example, that he has deliberately stayed away from her for 3 
months, or has not paid for her upkeep or for the maintenance of her 
children. Divorced women are granted custody of female children until 
they reach the age of maturity or marry; they are granted temporary 
custody of male children until they reach the age of 13. If the mother 
is deemed unfit, custody reverts to the next able female relative on 
the mother's side. A woman who remarries may forfeit her right to the 
custody of children from a previous marriage.
    The law prohibits cohabitation by unmarried couples. The Government 
may imprison and deport noncitizen women if they bear children out of 
wedlock. In the event that a court sentences a woman to prison for such 
an offense, local authorities, at the request of the prisoner, may hold 
the newborn children in a special area within the confines of the 
prison or place them with a relative. In rare cases, children were held 
in other facilities until the mother's release. In Dubai Emirate, 
unmarried pregnant women generally must marry the father of the child 
or repatriate to their home country. Otherwise, both parties would be 
subject to arrest for fornication.
    There were no legal prohibitions against a woman owning her own 
business. Traditionally, professional women, including doctors, 
architects, and lawyers, did not face restrictions on licensing 
businesses in their names. The Abu Dhabi Chamber of Commerce conducted 
programs to encourage small business entrepreneurship by women. The 
Chambers of Commerce and Industry in Abu Dhabi and Dubai Emirates had 
Businesswomen's Councils.
    In October the first Arab and International Businesswomen's 
Conference was held in Dubai. Attended by about 500 delegates, the 
conference featured international women entrepreneurs and workshops 
conducted by professional trainers.
    Women who worked outside the home sometimes did not receive equal 
benefits, such as housing, and faced discrimination in promotion. If a 
woman and her husband were both employed by the Government, both 
housing allowances will be paid to the husband because he is obliged 
under Shari'a law to provide for housing. The Government provided 
employee housing allowances to single women and to married women whose 
husbands were employed in the private sector.
    Maternity leave for public sector employees is a minimum of 45 days 
to a maximum of 6 months--2 months with full pay, 2 additional months 
of nursing leave with half salary, and the possibility of 2 more months 
without salary.
    Opportunities for women have grown in government service, 
education, private business, and health services. Citizen and 
noncitizen women constituted 15 percent of the national workforce. The 
federal government publicly has encouraged citizen women to join the 
workforce, ensuring public sector employment for all that apply. Women 
represent most primary and secondary school teachers and health care 
workers, and make up almost half of all government workers.
    The law prohibits sexual harassment. As a form of deterrence, 
Dubai-based newspapers regularly published pictures of men arrested in 
Dubai for harassing women in public places. In August a citizen was 
convicted and fined in Dubai for breach of privacy because he secretly 
photographed six girls in a restaurant.
    Women continued to make progress in education. They constituted 
over 75 percent of the student body at UAE University in Al-Ain. Most 
universities have separate campuses for men and women; however, the 
American Universities in Dubai and Sharjah, private institutions, were 
coeducational. Academic materials were subject to censorship, and 
students were banned from reading texts in which the human body was 
pictured or sexuality was featured (see Section 2.a.).
    Women officially were encouraged to continue their education, and 
government-sponsored women's centers provided adult education and 
technical training courses. The federal armed forces accepted female 
volunteers, who enrolled in a special training course that started 
after the Gulf War. The Dubai Police College also recruited women; many 
were deployed at airports, immigration offices, and women's prisons.
    In August the first class of policewomen for Sharjah Emirate, 
consisting of 53 women, completed a police skills training course at 
the Sharjah Academy for Police Sciences.

    Children.--The Government expended resources on the welfare of 
child citizens; however, noncitizen children received fewer benefits.
    Children who were citizens received free public education through 
the university level, free health care, and were assured housing. 
Citizens employed by the Government also were eligible to receive aid 
from the Ministry of Labor and Social Welfare for sons and daughters 
who were under the age of 18, unmarried, or had disabilities.
    Noncitizen resident children were not permitted to enroll in public 
school unless they lived in rural areas that lacked private schools. 
Many foreign workers in private sector employment received education 
allowances as part of their salary packages; otherwise, expatriates 
residing in the country paid for the expense of their children's 
education. In an effort to help offset this expense for public 
employees, the Government provided an annual subsidy of approximately 
$1,600 (6,000 dirhams) to its noncitizen employees for private school 
tuition per family.
    Citizen children were required to attend school--segregated by 
gender--through the sixth grade, the last grade of primary education, 
when children could be as young as 10 or 11 years old. However, 
compulsory education was not enforced, and some children, both girls 
and boys, did not attend school.
    Child abuse was not prevalent, apart from the trafficking of young 
boys employed as camel jockeys (see Sections 6.c., 6.d., and 6.f.). 
Effective September 1, the Government banned the use of young boys as 
jockeys in camel races, with violators subject to penalties up to and 
including imprisonment. The Government enforced the ban by inspections 
at races. There were no reports of ban violations by year's end.

    Persons with Disabilities.--There was no discrimination against 
persons with disabilities in employment, education, or in the provision 
of other state services. There was no federal legislation requiring 
accessibility for persons with disabilities; however, most public 
buildings provided access to disabled persons. The Ministry of Labor 
and Social Affairs sponsored six government physical and mental 
rehabilitation centers open only to citizens.
    Other rehabilitation centers were semi-government or established by 
charity associations. Initiatives ranged from monthly social aid funds, 
special education, and transportation assistance, to sending a team to 
the Special Olympics. The Government and quasi-government entities also 
provided a significant amount of nongovernmental financial assistance, 
services, and emotional support to persons with disabilities.
    In September the Ministry of the Interior established in Abu Dhabi 
Emirate, the Rehabilitation, Training and Recruitment Center for People 
with Special Needs. The center provided comprehensive education, 
training and guidance and job placement assistance to disabled persons 
between 14 and 40 years of age.

    National/Racial/Ethnic Minorities.--Societal discrimination against 
noncitizens, while not legally sanctioned, was prevalent and occurred 
in most areas of daily life, including employment, housing, and social 
interaction. Employment, immigration, and security policy, as well as 
cultural attitudes towards the very substantial number of foreign 
workers, were conditioned by national origin.
    It was estimated that more than 50 percent of foreign workers were 
from the Indian subcontinent. Noncitizens were denied access to some 
free services provided by the Government, including education, health 
care, and social and recreational club memberships.

Section 6. Worker Rights

    a. The Right of Association.--The law does not authorize workers to 
form or join unions, and in practice, there were none. However, the 
Government allowed workers to associate freely for the advancement of 
common goals and interests. In practice workers addressed grievances 
and negotiated disputes or matters of interest with employers through 
formal and informal mechanisms.
    Since 1995, the country has been suspended from the U.S. Overseas 
Private Investment Corporation insurance programs because of the 
Government's lack of compliance with internationally recognized worker 
rights standards. However, the ILO reported in April that the country, 
along with other Gulf States, had agreed to start projects to improve 
respect for freedom of association and the right to collective 
bargaining.

    b. The Right to Organize and Bargain Collectively.--Although the 
law does not grant workers the right to engage in collective 
bargaining, it expressly authorizes collective work dispute resolution.
    There were a number of organized gatherings of workers that 
complained of unpaid wages before the Ministry of Labor and Social 
Affairs. Some professional associations were granted greater freedom to 
raise work-related concerns, to lobby the Government for redress, or to 
file a grievance with the Government. The Ministry of Labor and Social 
Affairs reviewed employment contracts for workers in the industrial and 
service sectors to ensure compliance with the labor laws. The labor 
laws do not cover domestic and agricultural workers. The Ministry of 
Interior's Naturalization and Residency Administration reviewed the 
contracts of foreign domestic employees as part of residency permit 
processing to ensure that the negotiated salaries and terms were 
adequate. For the resolution of work-related disputes, workers had to 
rely on conciliation committees organized by the Ministry of Labor and 
Social Affairs or on special labor courts.
    The Ministry of Labor and Social Affairs distributed information to 
foreign workers outlining their rights under the labor law and how to 
pursue labor disputes, whether individual or collective. Employees 
could file individual employment dispute complaints with the Ministry 
of Labor. With the Ministry acting as mediator, if the complaint was 
unresolved by agreement of the parties, the employee could file a 
complaint with the labor courts. In a collective work dispute between 
employees and employer or employers concerning a subject of joint 
interest to all or a group of them in an establishment, trade, vocation 
or in a certain vocational sector, employees or employers could file 
complaints with the Labor Ministry if they were unable to settle such 
disputes amicably. If the Labor Ministry was unable to mediate a 
settlement within 10 days, the complaint was submitted to a 
Conciliation Committee for settlement. Either the employee or employer 
could appeal the Conciliation Committee's decision to a Supreme 
Committee of Conciliation, whose decision is final. While these 
regulations existed, there was little information available about their 
implementation in practice.
    The Government prohibits strikes by those employed in the public 
sector on the grounds of national security considerations. However, 
there were a number of strikes by private sector employees during the 
year. There were no reports that workers who went on strike were 
deported.
    Labor laws do not cover, and therefore do not protect, government 
employees, domestic servants, and agricultural workers. The latter two 
groups faced considerable difficulty in negotiating employment 
contracts because the mandatory requirements contained in the labor law 
did not apply. They also faced considerable difficulty in obtaining 
assistance to resolve disputes with their employers. The employer 
generally tied an employee's residency or visa to his employment and 
sponsorship. If the employee terminated his employment and was unable 
to secure new employment and a new sponsor, the employee lost residency 
and could be required to leave the country.
    Businesses in free trade zones must comply with federal labor laws; 
however the Ministry of Labor did not regulate them. Instead, each free 
trade zone maintained its own labor department to address workers 
concerns.

    c. Prohibition of Forced or Bonded Labor.--Forced or bonded labor 
was illegal. However, some employment agents brought foreign workers to 
the country under conditions approaching indenture. Some women 
reportedly were brought to the country for service sector employment 
and later were forced into prostitution (see Section 6.f.). Some low-
paid unskilled and semi-skilled workers were victims of contract-
switching.
    The Government prohibits forced and bonded child labor and 
generally enforces this prohibition effectively. In particular, it has 
taken concrete steps to resolve the problems of child camel jockeys 
(see Section 4, 6.d., and 6.f.).

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The labor law prohibits employment of persons under the 
age of 15 and has special provisions for employing those 15 to 18 years 
of age. The Federal Ministry of Labor and Social Affairs is responsible 
for enforcing the regulations. Other regulations permitted employers to 
employ only adult foreign workers. The Government did not issue work 
permits for foreign workers under the age of 18 years. Child labor was 
not tolerated, with the exception in the past of child camel jockeys 
(see Section 5, 6.c., and 6.f.).
    In September the Government implemented and began enforcing a child 
camel jockey ban with criminal penalties for violators up to and 
including imprisonment. The ban prohibits the use of camel jockeys less 
than 15 years of age and less than 45 kilograms (99 pounds). The 
Government enforced the ban through inspections at races. There were no 
cases of ban violations reported by year's end.

    e. Acceptable Conditions of Work.--Approximately 98 percent of the 
private sector workforce consisted of foreigners. There were a 
considerable number of skilled foreign nationals in the country who 
were employed under favorable working conditions. However, the country 
also was a destination for a large number of unskilled workers, 
including up to 250,000 domestic servants, most of them women from 
South and East Asia, and an even larger number of unskilled male 
workers, mostly from South Asia. These unskilled laborers actively 
competed for jobs in the country and other Gulf countries, and in the 
past were subject to poor working conditions.
    The standard workday is 8 hours per day; the standard workweek is 6 
days per week; however, these standards were not enforced strictly. 
Certain types of workers, notably domestic servants, could be obliged 
to work longer than the mandated standard. The law also provides for a 
minimum of 24 days per year of annual leave (2 days per month if 
service is more than 6 months but less than 1 year; 30 days per year if 
service exceeds 1 year) plus 10 national and religious holidays. There 
was no legislated or administrative minimum wage; rather, supply and 
demand determined compensation. Compensation depended on occupation and 
employer and ranged from $109 (400 dirhams) per month for domestic or 
agricultural workers working for local individual employers to $164 
(600 dirhams) per month for construction workers working for companies 
to much higher salaries for highly skilled employees. Compensation 
packages generally provided housing or housing allowances. In addition, 
other benefits, such as homeward passage or health cards for minimal to 
no-cost health care, were often provided to employees by their 
employers.
    The Labor and Social Affairs Ministry reviewed labor contracts and 
did not approve any contract that stipulated a clearly unacceptable 
wage.
    Most foreign workers did not earn the salary required to obtain 
residency permits for their families. The required monthly minimum 
salary to permit accompanying families was $1,090 (3,924 dirhams) or 
$817 (2,941 dirhams), when a housing allowance is provided.
    In two recent cases affecting the long held assumption of almost 
total job security for citizens, a number of citizens were 
involuntarily transferred, retired, or terminated from government 
employment reportedly due to their affiliations or opinions. The 
federal civil service laws, rather than the labor laws, covered public 
sector employees. According to press reports, 10 national employees of 
the Ministry of Justice, Islamic Affairs and Awqaf filed complaints in 
June alleging that adverse employment actions taken against them--
involuntary retirement prior to the legal age of retirement--were in 
alleged violation of the civil service laws and the Social Security 
Law.
    In August some employees of the Ministry of Education and Youth 
also were affected by adverse employment decisions. Press reports 
indicated that these national employees were retired involuntarily, 
whereas others were transferred involuntarily to other federal 
ministries. The affected employees claimed they had good service 
records and alleged that the adverse employment actions were taken 
without stated reasons, cause, notice or process.
    There continued to be local newspaper reports regarding the non-
payment of wages to foreign workers.
    In May 73 laborers gathered to file a complaint against their 
contracting company employer for 6 months unpaid wages and for failure 
to renew their residence permits and labor cards. The police station 
provided a bus to transport the workers to file their complaint. Also 
in May, more than 20 medical students protested the suspension of their 
classes by their lecturers because the lecturers had not been paid for 
3 months. In August approximately 1,500 workers gathered at their 
employer's head office to complain of unpaid wages. In September over 
100 hotel employees filed a joint complaint against their employers for 
unpaid wages of 3 to 5 months, annual leave salary, and end-of-leave 
service benefits. The hotel had recently been sold without prior notice 
to the employees and without making any legal arrangement to settle the 
unpaid salaries and benefits. At year's end, there was no new 
information available on two cases involving the non-payment of wages 
from 2001: 61 Indian and Bangladeshi laborers and 500 South Asian 
construction workers.
    In May 2001, the Government introduced a new law requiring some 
employers to deposit monetary guarantees with third-party banks. The 
purpose of the guarantee was to decrease the growing number of cases in 
which employees worked, sometimes for months, without wages. The amount 
of the guarantee increased according to the number of workers employed 
by the depositor. In theory, the greater the number of workers employed 
by a company, the more money would be deposited and the greater the 
likelihood that workers would be paid in a timely manner. However, the 
law does not protect all workers. The law exempts from this requirement 
those companies in which the Government owns a share, banks, insurance 
firms, petroleum firms, and certain hotels.
    In May the Labor Ministry announced that the institution of bank 
guarantees to protect rights of workers had been mostly successful as 
the number of labor disputes, especially in companies that were 
required to deposit large bank guarantees, had decreased. After reports 
that some employers were making their employees pay the amount of the 
bank guarantee, in September the Labor Ministry warned employers that 
such actions were in violation of the labor laws since the employers 
were responsible for providing the bank guarantees and that the 
Ministry would take strict action against companies that deducted the 
value of the bank guarantee from their workers' salaries.
    In May the Labor Ministry announced it would not tolerate the 
violation of the rights of workers, especially those of low-income 
laborers, and increased and intensified inspections. In August the 
Labor Ministry announced that 215 companies had been blacklisted 
(suspended from submitting applications for new work permits or 
sponsorship transfers) and fined for labor law violations. In September 
the Labor Ministry blacklisted a company for failure to comply with an 
agreement with the Ministry to pay outstanding backpay of five months 
to 300 workers.
    Labor law violations by private industry reportedly were high due 
to a shortage of labor inspectors and resources. In June the Labor 
Ministry created a special task force to inspect all industrial 
establishments in the private sector. In November 54 additional labor 
inspectors began work.
    Some foreign nationals involved in disputes with employers, 
particularly in cases in which the employee signed a contract 
containing a clause not to complete, could be blacklisted by the 
employer with immigration authorities, effectively preventing their 
return for a specified period of time. Employers also had the option to 
petition to ban from the work force for 6 months any foreign employee 
who left his job without fulfilling the terms of his contract (see 
Section 2.d.).
    Employers did not always follow the laws regarding the sponsorship 
of foreign employees. Under the regulations, a company that has one or 
more employee whose work permit has expired and not been renewed will 
be barred from employing new staff. However, the rule was enforced 
unevenly.
    The Ministries of Health and of Labor and Social Affairs, 
municipalities, and civil defense enforced health and safety standards, 
and the Government required every large industrial concern to employ a 
certified occupational safety officer. However, health and safety 
standards were not observed uniformly. Press reports in June 2001 noted 
a Ministry of Labor study that stated that many industrial 
establishments failed to observe health and safety regulations, and 
more than half provided substandard housing and unclean environments, 
with sometimes as many as 15 workers living in a single room.
    In August in Dubai, the steel roof of a four-story power plant 
building under construction collapsed, killing 9 laborers and injuring 
19, 5 of them seriously. In response, Dubai Municipality ordered a team 
of its Building and Housing Department's specialized construction 
engineers to visit the site and report on the collapsed structure. The 
Labor Ministry also investigated the accident with regard to the legal 
responsibilities of the involved companies to their workers. In May 
2001, Dubai increased inspections of construction worksites and 
factories. This measure followed a series of deaths and injuries caused 
by accidents at construction sites throughout the country.
    Contrary to popular belief, there is no law in the country that 
prohibits labor outdoors when the temperature exceeds 50 degrees 
Celsius. The law does require, however, that employers provide 
employees with a safe work environment. Medical experts in the country 
reported that it was inadvisable for laborers to work outdoors when the 
temperature exceeded 40 degrees Celsius.
    After five Dubai workers died of sunstroke in July, the Ministry of 
Labor and Social Affairs urged companies to provide safety measures to 
avoid casualties from sunstroke and heat exposure, including reducing 
work hours or splitting the workday to include a break between 11 a.m. 
or noon and 3:00 p.m. The Labor Ministry also warned employers that it 
would strictly enforce regulations requiring employers to ensure safe 
working conditions for their employees. At year's end, there was no 
further information.
    In July 2 Sharjah hospitals reported receiving 10 cases of 
sunstroke each day. Abu Dhabi public hospital emergency units reported 
340 cases of severe and mild sunstroke, mostly involving outdoor 
laborers, in the first 3 weeks of August. In the first week of August, 
60 workers who suffered from sunstroke were admitted to a Dubai 
hospital. At year's end, there was no further information.
    Workers' jobs were not protected if they removed themselves from 
what they considered to be unsafe working conditions. However, the 
Ministry of Labor and Social Affairs could require employers to 
reinstate workers who were dismissed for not performing unsafe work. 
Injured workers were entitled to fair compensation, and all workers had 
the right to lodge grievances with Ministry officials, who made an 
effort to investigate all complaints.
    Rulings on complaints may be appealed within the Ministry and 
ultimately to the courts; however, many workers chose not to protest 
for fear of reprisals or deportation.
    There were reports of abuse of domestic workers by their employers. 
Allegations included excessive work hours, nonpayment of wages, and 
verbal, physical, and sexual abuse. There was no further information 
available on cases in 2001 of attempted suicide and rape (see Section 
5).
    Sponsorship and residency laws do not permit most foreign national 
employees to change employers, and employers normally held their 
employees' passports. Because of this practice, servants were unable to 
leave their employment and return to their home country or find another 
job.
    In the past, employers typically transported workers from their 
living quarters to their work site in trucks, trailers, or pick-ups. In 
an effort to improve the safety of workers during the transport, in 
April 2001, the Dubai Emirate banned transport in or through the 
emirate of laborers in pick-up trucks and truck trailers that were not 
designed to transport persons and lacked safety features, and required 
employers to transport employees in buses, with offenders subject to 
fines and/or vehicle seizure. In December Abu Dhabi Emirate also banned 
this practice.

    f. Trafficking in Persons.--The law does not prohibit specifically 
trafficking in persons, although child smuggling, prostitution, and 
pornography are crimes. Trafficking in women and young boys used as 
camel jockeys was a problem. The Government investigated allegations of 
trafficking in persons when such allegations were made and provided 
assistance in repatriation, medical care and locating shelter for 
trafficking victims.
    In September the Government banned the use of children as camel 
jockeys in an effort to end this use of child labor and eliminate the 
trafficking of young boys to the country for this purpose. The 
Government also tightened controls at points of entry into the country 
for boys under the age of 15 years and ordered the repatriation of 
children in the country used as camel jockeys.
    The law prohibits the use of camel jockeys that are less than 15 
years of age and weigh less than 45 kilograms (99 pounds). All camel 
jockeys are required to have a government-issued identification card, 
which were issued after physical examination by a medical committee 
through the use of x-rays and other tests to confirm that the child was 
at least 15 years of age.
    The Government established the following penalties for violators of 
the child camel jockey ban: first offense, fine of approximately $5,500 
(20,000 dirhams); second offense, banned from participation in camel 
races for one year; third and subsequent offenses, imprisonment. The 
Government enforced the ban by inspections at camel races.
    There reportedly were as many as hundreds of underage camel jockeys 
working in the country who were subjected to harsh conditions.
    In the past, credible sources reported that almost all camel 
jockeys were boys between the ages of 4 and 10 brought to the country 
by small, organized gangs. The gangs obtained the youths, usually from 
poor families in Pakistan and Bangladesh, by kidnaping, or in some 
instances by buying them from their parents or taking them under false 
pretenses, and then smuggling them into the country. Some children have 
reported being beaten while working as jockeys, and others have been 
injured seriously during races.
    There was no further action taken in the 2001 death of a 7-year old 
Bangladeshi boy in Dubai or the kidnaping in 2000 of a 10-year old 
Pakistani boy camel jockey.
    There were credible reports of trafficking in women to the country. 
Some foreign diplomats and NGOs reported that some women were brought 
to the country under the false pretense of working in the service 
sector or as domestic servants, but then were forced into prostitution. 
When these women and girls arrived in the country, the traffickers did 
not provide the promised employment, reportedly took their passports, 
and forced them to work as prostitutes to repay their travel expenses. 
The women received little payment from the traffickers, however, which 
made it difficult to repay their debts.
    The women also were warned that they could be arrested if they 
turned to the police or others for help because they were in the 
country illegally. It was unclear whether this trafficking activity was 
conducted with the full complicity of the women's citizen sponsors, or 
whether the women's generally noncitizen agents were exploiting the 
sponsorship system to engage in illicit activity (see Section 5).
    The Kazakhstan government reported in June 2001 that it broke up a 
trafficking ring that specialized in sending women to the country for 
prostitution. Five members of the ring were arrested while attempting 
to board a woman and a 15-year-old girl on a flight to Dubai.
                               __________

                                 YEMEN

    The Republic of Yemen is a republic with an active bicameral 
legislature. Constitutional power is shared among the popularly elected 
President, the appointed 111-member Shura Council, and a popularly 
elected 301-seat House of Representatives. President Saleh is the 
leader of the General People's Congress (GPC), which dominates the 
Government. In September 1999, President Ali Abdullah Saleh was 
directly elected in a popular vote to another 5-year term. The 
Constitution provides that the President be elected by popular vote 
from at least two candidates endorsed by Parliament, and the election 
was generally free and fair; however, there were problems, including 
the lack of a credible voter registration list and election-related 
violence. In addition, the President was not opposed by a competitive 
candidate because his sole opponent was a member of the GPC. In 1997 
parliamentary elections were held and the GPC won an absolute majority. 
The elections were reasonably free and fair, although there were some 
problems with voting procedures. The Parliament was not yet an 
effective counterweight to executive authority, although it 
increasingly demonstrated independence from the Government. The elected 
House of Representatives was led by the head of the Islaah, the leading 
opposition party, who effectively blocked some legislation favored by 
the Executive. Real political power rested with the executive branch, 
particularly the President. In February 2001, local elections were held 
with all major opposition parties participating. The nominally 
independent judiciary was weak and severely hampered by corruption, 
executive branch interference, and the frequent failure of the 
authorities to enforce judgments.
    The primary state security apparatus is the Political Security 
Organization (PSO), which reports directly to the President. The 
Criminal Investigative Department (CID) of the police reports to the 
Ministry of Interior and conducts most criminal investigations and 
makes most arrests. The Central Security Organization (CSO), also a 
part of the Ministry of Interior, maintains a paramilitary force. 
Civilian authorities generally maintained effective control of the 
security forces, although there were some instances during the year in 
which elements of the security forces acted independently of the 
Government. Members of the security forces committed serious human 
rights abuses.
    Yemen is a very poor country with a population of approximately 19 
million; more than 40 percent of the population live in poverty and the 
unemployment rate is 36 percent. Its embryonic market-based economy, 
despite a reform effort, remained impeded by government interference 
and corruption. The economy is mixed; oil and remittances from workers 
in other Arabian Peninsula states are the primary sources of foreign 
exchange. The economy suffered due to other Arab governments' reaction 
to the Government's lack of support for the U.N. coalition during the 
Gulf War. However, international foreign aid and worker's remittances 
have reemerged as important sources of income.
    The Government generally respected its citizens' human rights in 
some areas; however, its record was poor in several other areas, and 
serious problems remained. There were limitations on citizens' ability 
to change their government. There were no reports of arbitrary or 
unlawful deprivation of life by the Government or its agents. Members 
of the security forces tortured and otherwise abused persons, and 
continued to arrest and detain citizens arbitrarily. During the year, 
there were efforts to implement directives intended to align arrest, 
interrogation, and detention procedures more closely with 
internationally accepted standards. Prison conditions were poor. PSO 
officers have broad discretion over perceived national security issues. 
Despite constitutional constraints, security officers routinely 
monitored citizens' activities, searched their homes, detained citizens 
for questioning, and mistreated detainees. The Government usually 
failed to hold members of the security forces accountable for abuses; 
however, at year's end, there were two ongoing trials against security 
officials. Prolonged pretrial detention was a serious problem, and 
inefficiency, judicial corruption, and executive interference undermine 
due process. The Government continued a comprehensive, long-term 
program for judicial reform. The law limited freedom of speech and of 
the press, and the Government continued to harass, intimidate, and 
detain journalists. Journalists practiced self-censorship. The 
Government at times limited freedom of assembly. The Government imposed 
some restrictions on freedom of religion, and placed some limits on 
freedom of movement. The Government displayed official support for 
donor-funded democracy and human rights programs. Violence and 
discrimination against women were problems. Female genital mutilation 
(FGM) was practiced on a limited scale. The Government publicly 
discouraged FGM, and sponsored initiatives through its National Women's 
Committee to combat the practice. There was some discrimination against 
persons with disabilities and against religious, racial, and ethnic 
minorities. The Government influenced labor unions. Child labor was a 
problem. Yemen 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.
    Bombings and targeted shooting increased during the year, with 
several bombings in Sana'a and one in Marib, a grenade attack on the 
U.S. Embassy, an attack on the oil tanker Limburg, a political killing 
and the killing of three American hospital workers. The Government and 
international observers attributed these bombings and shootings to 
terrorism, religious extremism, and antigovernment political groups 
based in the country and abroad.

                        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 by the Government 
or its agents. There were some reports during the year that security 
forces killed or injured persons whom they believed were engaging in 
criminal activity and resisting arrest.
    For example, in January two persons reportedly were killed during a 
clash between security forces and the bodyguards of Sheikh Mansur al-
Hanik, a Member of Parliament. In October several persons were killed 
during a fight between security forces protecting a foreign embassy and 
the bodyguards of family members of the Speaker of Parliament. Both 
incidents illustrate the clashes that occasionally escalate between 
private bodyguards of prominent figures and government forces. No 
arrests were made in either incident.
    There reportedly was no action taken against the members of the 
security forces responsible for the following killings in 2001: The 
January death in custody of Mohammed al-Yafia; the April killing of a 
demonstrator in al-Dalah; the December death of four tribal members in 
Marib and Shebwa governates; and the 2000 death in custody of Sabah 
Seif Salem.
    Four security officials were tried for abuses committed in previous 
years. During the year, in Hadramaut, three security officers were on 
trial for torturing two young boys. In Damar a former Security Director 
was on trial for torture and bribery. These cases still were pending at 
year's end.
    Approximately seven persons were killed in election-related 
violence in October (see Section 3).
    Tribal violence resulted in a number of killings and other abuses, 
and the Government's ability to control tribal elements remained 
limited. In addition, tensions between the Government and various 
tribes periodically escalated into violent confrontations (see Section 
5). In May 2001, the President gave the Shura Council the task of 
developing a strategy to address the phenomenon of violent tribal 
revenge; however, the Council had not done so by year's end. During the 
year, the Shura Council issued a report stating that more than 2,000 
persons died in 2001 as a result of tribal revenge.
    Persons continued to be killed and injured in unexplained bombings 
and shootings during the year. In most cases, it was impossible to 
determine the perpetrator or the motive, and there were no claims of 
responsibility. Some cases appeared to have criminal, religious, or 
political motives; others appeared to be cases of tribal revenge or 
land disputes. On November 29, a bomb detonated outside a state complex 
in Marib.
    There were threats, attacks, and killing of high-profile persons 
during the year. For example, in December a high ranking official at 
the Yemeni Socialist Party, Jarallah Omar, was killed in Sana'a. On 
December 31, an individual smuggled a semiautomatic rifle into the 
hospital in Jibla and killed three American medical workers and injured 
one (see Section 2.c.). Both suspects were in custody by year's end.
    During the year, the Government announced its intention to bring 
suspects to trial in the 2000 bombing of the USS Cole. The explosion 
killed 17 sailors and injured 39 others (see Section 1.e.).

    b. Disappearance.--There were no reports of politically motivated 
disappearances in the last 8 years. Disappearances that occurred during 
the 1994 war of secession have gone unresolved. The Government states 
that the scarcity of records, resulting from the country's lack of an 
effective national registry, hindered its attempts to create database 
files for those persons who have disappeared. Both Amnesty 
International (AI) and the U.N. Working Group on Enforced and 
Involuntary Disappearances continued to note that there were hundreds 
of unresolved disappearances dating from the preunity period in the 
former PDRY. AI has received no credible reports of new disappearances 
in the last 8 years.
    There were no tribal kidnapings during the year. In the past, some 
tribes sought to bring their political and economic concerns to the 
attention of the Government by kidnaping and holding hostages. Foreign 
businessmen, diplomats, and tourists were the principal targets. A 
total of 166 foreigners have been kidnaped since 1992. Kidnaping 
victims rarely were injured, and the authorities generally were 
successful in obtaining the negotiated release of foreign hostages.
    There has been a marked decline in tribal kidnapings of foreigners, 
from six cases involving eight persons in 2000 to seven cases involving 
seven persons in 2001 to no cases during the year. This decrease was at 
least in part the result of the Government's establishment of a special 
court and special prosecutor to try kidnapers and other violent 
offenders. The Government issued by presidential decree a law that 
stipulated severe punishments up to and including capital punishment 
for persons involved in kidnaping, carjacking, attacking oil pipelines, 
and other acts of banditry and sabotage.
    In December 2001, a court convicted four men who had kidnaped a 
German citizen in November 2001. The perpetrator received a 25-year 
sentence and the others received 20-year sentences; however, in April 
an appeals court increased the sentence for Ahmed Nasser al-Zayidi, to 
a death sentence. The arrests, trials, and convictions continue. The 
Government's prosecution appears to have deterred kidnapings. There 
were no reports of tribal opposition or interference in these cases.

    c. Torture and other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution is ambiguous regarding the prohibition of 
cruel or inhuman punishment, and members of the security forces 
tortured and otherwise abused persons in detention. Arresting 
authorities were known to use force during interrogations, especially 
against those arrested for violent crimes. Detainees in some instances 
were confined in leg-irons and shackles, despite a law outlawing this 
practice.
    The Government has acknowledged publicly that torture takes place, 
but it has claimed that the use of torture was not government policy. 
The Government has taken some effective steps to end the practice or to 
punish those who commit such abuses. However, a government prosecutor 
has cited illiteracy and lack of training among police and security 
officials as reasons for the persistence of the use of undue force in 
prisons; corruption and pressure from superiors to produce convictions 
also play a role. The immunity of all public employees from prosecution 
for crimes allegedly committed while on duty also hinders 
accountability; prosecutors must obtain permission from the Attorney 
General to investigate members of the security forces, and the head of 
the Appeals Court formally must lift their immunity before they are 
tried. Low salaries for police officers also contribute to corruption 
and police abuse.
    There reportedly was no action taken against the members of the 
security forces responsible for the following killings: The January 
2001 torture and death in custody of Mohammed al-Yafia and the 2000 
torture and killing of Sabah Seif Salem (see Section 1.a.).
    There were two reported prosecutions of security officers during 
the year for abuses committed in 2001. In Hadramaut three security 
officers were on trial for torturing two young boys. In Damar a former 
Security Director continued to be on trial for torture of persons. Both 
cases were ongoing at year's end (see Section 1.a.).
    There have been numerous allegations and credible evidence that the 
authorities tortured and abused suspects and detainees to attempt to 
coerce confessions before or during trial. During the year, several 
families of persons detained in relation to terrorist activities have 
alleged that torture has been used during interrogation.
    The Constitution may be interpreted as permitting amputations in 
accordance with Shari'a (Islamic law). However, the use of amputations 
as punishment is extremely rare. Prior to the 2001 Sharaf case, there 
had been no reports of amputations since 1991, although a small number 
of persons who have been found guilty of theft remain in jail awaiting 
the implementation of their amputation. The Shari'a-based law permits 
physical punishment for some crimes. For example, in Ibb governorate in 
2000, Mohamed Tahbit al-Su'mi, after being tried and convicted, was 
stoned to death for the 1992 rape and murder of his 12-year-old 
daughter. Capital punishment usually was carried out by firing squad; 
stoning was almost unheard of, but was approved in this case due to the 
unusual brutality of the crime.
    In previous years, the Government at times used excessive force to 
put down demonstrations and riots (see Section 2.b.).
    Tribal violence continued to be a problem during the year, causing 
numerous deaths and injuries (see Section 5).
    Prison conditions were poor and did not meet internationally 
recognized standards. Prisons were overcrowded, sanitary conditions 
were poor, and food and health care were inadequate. Prison authorities 
often exact bribes from prisoners or refuse to release prisoners who 
have completed their sentences until family members pay a bribe. Tribal 
leaders misused the prison system by placing ``problem'' tribesmen in 
jail, either to punish them for noncriminal indiscretions or to protect 
them from retaliation or violence motivated by revenge. Authorities in 
some cases arrested without charge and imprisoned refugees, persons 
with mental disabilities, and illegal immigrants and placed them in 
prisons with common criminals.
    Women were held in prison separately from men and conditions were 
equally poor in women's prisons, where children likely were 
incarcerated along with their mothers. At times male police and prison 
officials subjected female prisoners to sexual harassment and violent 
interrogation. The law requires male members of the families of female 
prisoners to arrange their release; however, female prisoners regularly 
were held in jail past the expiration of their sentences because their 
male relatives refused to authorize their release due to the shame 
associated with their alleged behavior.
    There was continued attention focused during the year on the 
circumstances of women prisoners. Several Nongovernmental Organizations 
(NGOs), often with government support, undertook activities to address 
the legal and other problems of female prisoners (see Section 4). For 
example, the Women's National Committee published a report outlining 
the problems and suggesting solutions to the plight of women in prison 
during the year.
    Unauthorized ``private'' prisons were a problem. Most such prisons 
were in rural areas controlled by tribes, and many were simply a room 
in a tribal sheikh's house. Persons detained in such prisons often were 
held for strictly personal or tribal reasons and without trial or 
sentencing. There were credible reports of the existence of private 
prisons in government installations, although senior officials did not 
sanction these prisons.
    During the year, efforts continued to implement directives intended 
to align arrest, interrogation, and detention procedures more closely 
with internationally accepted standards. For example, the Ministry of 
Interior created detention and interrogation centers in each 
governorate (including four in Sana'a), to prevent suspects from being 
detained with convicted criminals.
    In November the President celebrated the Islamic holy month of 
Ramadan by arranging for the release of dozens of prisoners. During the 
year, the Government's Supreme National Committee for Human Rights 
continued the 2000 government initiative, which permits the release of 
prisoners who, in keeping with tribal or Islamic law, were being held 
in prison pending payment of restitution to their victims, despite 
having completed their sentences.
    The Government tightly controlled access to detention facilities by 
NGOs, although in some cases it permitted local and international human 
rights monitors access to persons accused of crimes. In 2000 the 
International Committee of the Red Cross (ICRC), with the Government's 
full cooperation, conducted a comprehensive inspection of the country's 
major prisons. While serious problems remain, the ICRC acknowledged the 
Government's commitment to penal reform and noted that the Government 
had made significant improvements since the 1995 ICRC inspection, 
especially with regard to the incarceration of persons with mental 
disabilities.
    Patients with mental illness, particularly those who commit crimes, 
were imprisoned and even shackled when there was no one to care for 
them. In some instances, authorities arrested persons with mental 
illness without charge and placed them in prisons alongside criminals. 
The ICRC, in cooperation with the Yemeni Red Crescent Society, built 
and staffed separate detention facilities for prisoners with mental 
illness.
    The PSO did not permit access to its detention centers.

    d. Arbitrary Arrest, Detention, or Exile.--The law provides due 
process safeguards; however, security forces arbitrarily arrest and 
detain persons. Enforcement of the law was irregular and in some cases 
nonexistent, particularly in cases involving security offenses. 
According to the law, detainees must be arraigned within 24 hours of 
arrest or be released. The judge or prosecuting attorney must inform 
the accused of the basis for the arrest and decide whether detention is 
required. In no case may a detainee legally be held longer than 7 days 
without a court order. Despite these constitutional and other legal 
provisions, arbitrary arrest and prolonged detention without charge 
were common practices.
    During the year, in concert with partners in the war on terrorism, 
the Government continued to detain suspects accused of links to 
terrorism. According to the Yemen Times, in July, the Government 
released 104 detainees. A parliamentary report issued in September 
contained an acknowledgement by the Minister of Interior that such 
detentions violated the Constitution; however, it asserted that they 
were necessary for national security. In November the President 
celebrated the Islamic holy month of Ramadan by arranging for the 
release of approximately 30 detainees; at year's end, approximately 80 
persons remained in detention.
    Amar Mahmoud Ali Abdo al-Madhagi reportedly was in prison and 
awaiting trial at year's end.
    During the year, the Government continued to detain journalists for 
questioning concerning articles critical of the Government or that the 
Government considered sensitive. For example, in May the PSO detained 
journalist Abdul-Rahim Muhsen and held him incommunicado for 6 days and 
did not release him from prison for 19 days (see Section 2.a.). An 
increase in the number of such incidents occurred for the first time 
since 1999.
    The law prohibits incommunicado detentions. The law provides 
detainees with the right to inform their families of their arrests and 
to decline to answer questions without an attorney present. There were 
provisions for bail. In practice many authorities abide by these 
provisions only if bribed.
    Citizens regularly claim that security officials did not observe 
due process procedures when arresting and detaining suspects, 
particularly those accused of involvement in political violence. There 
also were claims that private individuals hired lower-level security 
officials to intervene on their behalf and harass their business 
rivals. Security forces at times detained demonstrators (see Section 
2.b.).
    In cases in which a criminal suspect was at large, security forces 
in some instances detain a relative while the suspect was being sought. 
The detention may continue while the concerned families negotiate 
compensation for the alleged wrongdoing. Arbitration, rather than the 
court system, commonly was used to settle cases.
    The Government failed to ensure that detainees and prisoners were 
incarcerated only in authorized detention facilities. Unlike in 
previous years, the Ministry of Interior and the PSO operated 
extrajudicial detention facilities.
    A large percentage of the total prison population consists of 
pretrial detainees. There have been allegations that a large number of 
persons have been imprisoned for years without documentation concerning 
charges against them, their trials, or their sentences.
    While some cases of those being held without charge have been 
redressed through the efforts of local human rights groups and 
government inspection missions (and some illegally detained prisoners 
released), the authorities have not investigated nor resolved these 
cases adequately.
    Unauthorized private prisons also exist (see Sections 1.c. and 
1.e.).
    The law does not permit forced exile. The Government does not use 
forced exile. However, at the end of the 1994 war of secession, the 
Government denied amnesty to the 16 most senior leaders of the armed, 
secessionist Democratic Republic of Yemen (DRY) who fled abroad. 
Although they were not forced into exile, some were subject to arrest 
if they return. The trial of the so-called ``16'' concluded in March 
1998. During the year, with the encouragement of the Government, 
prominent southern journalists, military officers, and their families 
who fled the country during the 1994 war of secession returned to the 
country, including Salim Saleh (see Section 1.e.).
    During the year, the Government deported more than 100 foreigners, 
many of whom were studying at Muslim religious schools, who allegedly 
were in the country illegally. The Government claimed that these 
persons were suspected of inciting violence or engaging in criminal 
acts by promoting religious extremism. The Government deported them 
using existing laws that require all foreigners to register with the 
police or immigration authorities within a month of arrival in the 
country.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
``autonomous'' judiciary and independent judges; however, the judiciary 
was not fully independent, and it was weak and severely hampered by 
corruption, and executive branch interference. The executive branch 
appointed judges, and some have been harassed, reassigned, or removed 
from office following rulings against the Government. Many litigants 
maintain, and the Government acknowledges, that a judge's social ties 
and bribery at times influence the verdict more than the law or the 
facts. Many judges were poorly trained; some closely associated with 
the Government often render decisions favorable to it. The judiciary 
was hampered further by the Government's frequent reluctance to enforce 
judgments. Tribal members at times threatened and harassed members of 
the judiciary.
    There were five types of courts: Criminal; civil and personal 
status; kidnaping/terrorism; commercial; and court-martial.
    All laws are codified from Shari'a, under which there are no jury 
trials. Criminal cases were adjudicated by a judge, who plays an active 
role in questioning witnesses and the accused. Under the Constitution 
and by law, the Government must provide attorneys for indigent 
defendants; however, in practice this never occurs. Judges at times 
``appoint'' attorneys present in their courtrooms to represent indigent 
defendants; however, most accept to avoid displeasing judges before 
whom they must appear later.
    By law prosecutors were a part of the judiciary and independent of 
the Government; however, in practice prosecutors considered themselves 
as an extension of the police.
    Defense attorneys were allowed to counsel their clients, address 
the court, and examine witnesses. Defendants, including those in 
commercial courts, have the right to appeal their sentences. Trials 
generally were public; however, all courts may conduct closed sessions 
``for reasons of public security or morals.'' Foreign litigants in 
commercial disputes have complained of biased rulings. However, some 
foreign companies have won cases against local defendants, and some 
such decisions have been enforced.
    In addition, to regular courts, the law permits a system of tribal 
adjudication for noncriminal issues, although in practice tribal 
``judges'' often adjudicate criminal cases as well. The results of such 
mediation carry the same if not greater weight as court judgments. 
Persons jailed under the tribal system usually were not charged 
formally with a crime but stood publicly accused of their 
transgression.
    A special court tried persons charged with kidnaping, carjacking, 
attacking oil pipelines, and other acts of banditry and sabotage (see 
Section 1.b.). In May this court handed down a sentence to an offender 
who had thrown two grenades over the U.S. Embassy wall on March 15; 
however, the sentence subsequently was reduced to 10-years on grounds 
that the perpetrator suffered from psychological problems.
    The Government continued its program begun in 1997 to reform the 
judiciary. While the program has not yet been completed, some attorneys 
cite improvements, including a reduction in the number of Supreme Court 
justices from 90 to 40 in 1998, an increase in judges' salaries to 
deter corruption, an increase in the Ministry of Justice's budget in 
2000, and participation by judges in workshops and study tours 
conducted by foreign judicial officials. However, there have not yet 
been any tangible impacts on the administration of justice.
    During the year, the country's Higher Judicial Council, chaired by 
the President, dismissed 35 judges and prosecutors for violating the 
law. In 2001 the Higher Judicial Council dismissed 20 judges and 
prosecutors and forced 108 others to retire. The council also 
strengthened the Ministry of Justice's authority to investigate and 
prosecute allegations of judicial abuse, and instructed the 
Accountability Council to accelerate its investigation of pending 
cases.
    The security services continued to arrest and prosecutors to charge 
and try persons alleged to be linked to various shootings, explosions, 
bombings, and other acts of violence. Citizens and human rights groups 
alleged that the judiciary did not observe due process in these cases.
    In September the Parliament issued a report on detainees held in 
connection with terrorist activities. In the report, detainees' family 
members alleged that detainees were held without family notification, 
without counsel, without charges, and without basic privileges such as 
health care. Family members alleged that some were held in isolation 
and tortured. The Minister of Interior acknowledged that the detainees 
were held, but asserted that it was necessary for national security. He 
denied the torture charges and said that the detainees related to the 
USS Cole attacks would be charged and prosecuted after investigation in 
cooperation with international law enforcement partners. By year's end, 
the investigation into the attack was transferred to the General 
Prosecutor to prepare for trial, and several suspects were in custody 
(see Section 1.a.). In 2001 the lawyer claimed that authorities denied 
him access to his clients. There also were expressions of concern that 
the prosecution had postponed proceeding to trial to give security 
officials more time to investigate. However, there have been no reports 
of allegations of torture from persons detained in connection with the 
USS Cole investigation.
    In January 2001, explosive devices were detonated in Aden outside 
the Anglican Christ Church, which is used as a transient hotel by 
seamen, and the official SABA News Agency office. Authorities 
attributed the bombings to religious extremists, possibly affiliated 
with the Aden-Abyan Islamic Army (AAIA). Five persons were arrested and 
their trial began in April 2001. In August three of five persons were 
convicted of planning and carrying out the bombings and received 
sentences of 6, 2 \1/2\, and 2 years, respectively. One defendant was 
acquitted for lack of evidence and the fifth defendant's fate was 
unknown.
    The Government claims that it does not hold political prisoners. 
Local opposition politicians and human rights activists generally 
accept this claim; however, some international human rights groups and 
members of the opposition-in-exile dispute it.
    At the end of the 1994 war of secession, the President pardoned 
nearly all who had fought against the central government, including 
military personnel and most leaders of the unrecognized DRY. In 
previous years, the Government tried in absentia the DRY leaders of the 
so-called ``16.'' In January, Yemeni Socialist Party figure Salim 
Saleh, accompanied by President Saleh, returned from his self-imposed 
exile. At year's end, the President issued an amnesty to all but 4 of 
the ``16.''

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--Despite constitutional provisions against government 
interference with privacy, security forces routinely searched homes and 
private offices, monitored telephones, read personal mail, and 
otherwise intruded into personal matters for alleged security reasons. 
Such activities were conducted without legally issued warrants or 
judicial supervision. Security forces regularly monitored telephone 
conversations and interfered with the telephone service of government 
critics and opponents. Security forces sometimes detained relatives of 
suspects while the suspect was being sought (see Section 1.d.). 
Government informers monitored meetings and assemblies (see Section 
2.b.).
    The Government reportedly blocked sexually explicit Web sites, but 
did not block politically oriented sites (see Section 2.a.). The 
Government claimed that it did not monitor Internet usage, but some 
persons suspected security authorities read their e-mail messages. 
There have been no reports that the Government has taken action against 
Internet users.
    The law prohibited arrests or the serving of a subpoena between the 
hours of sundown and dawn. However, persons suspected of crimes in some 
instances were taken from their homes in the middle of the night, 
without search warrants.
    No citizen may marry a foreigner without Interior Ministry 
permission (see Section 5). This regulation does not carry the force of 
law and appears to be enforced irregularly. However, some human rights 
groups have raised concerns about the regulation.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press ``within the limits of the law''; 
however, the Government influenced the media and restricted press 
freedom. Some security officials attempted to influence press coverage 
by threatening, harassing, and detaining journalists. Although most 
citizens were uninhibited in their private discussions of domestic and 
foreign policies, some were cautious in public, fearing harassment for 
criticism of the Government. The Penal Code criminalizes, with fines 
and sentences up to 5 years in jail, ``the humiliation of the State, 
the Cabinet, or parliamentary institutions,'' the publication of 
``false information'' that ``threatens public order or the public 
interest,'' and ``false stories intended to damage Arab and friendly 
countries or their relations with Yemen.''
    An atmosphere of government pressure on independent and political 
party newspapers continued at a higher level than before the war of 
secession, despite a presidential amnesty to all journalists in July. 
The Government used criminal prosecution, censorship, arrests, and 
intimidation directed at journalists. For example, three journalists 
were convicted on June 4, of ``religious sedition'' and ``harming 
national unity'' and given 5-month suspended sentences. However, in 
June 2001, with the Government's permission and encouragement, eight 
prominent southern journalists who fled the country after the 1994 war 
of secession returned to the country and resumed their careers.
    The Ministry of Information influenced the media through its 
control of most printing presses, subsidies to certain newspapers, and 
its ownership of the country's sole television and radio outlets. Only 
one newspaper, the thrice-weekly Aden independent Al-Ayyam, owned its 
own press. The Government selected the items to be covered in news 
broadcasts, and it often did not permit broadcast reporting critical of 
the Government. However, during the most recent presidential election 
campaign, the media extensively reported in full the many critical 
comments made by the President's opponent. The Government televised 
parliamentary debates, but it may edit them selectively to remove 
criticism.
    Press Law regulations specify that newspapers must apply annually 
to the Government for licensing renewal, and that they must show 
continuing evidence of about $4,375 (700,000 riyals) in operating 
capital. Some journalists claimed that the regulations were designed to 
drive some opposition newspapers out of business.
    Although newspapers ostensibly were permitted to criticize the 
Government, journalists at times censored themselves, especially when 
writing on such sensitive issues as government policies toward the 
southern governorates, relations with Saudi Arabia and other foreign 
governments, official corruption, and combating terrorism. Journalists 
were subject to arrest for libel, dismissal from employment, or 
extrajudicial harassment. However, during the year the press 
extensively covered the parliamentary report on detainees who 
criticized the Government for their treatment (see Section 1.d.).
    Editors-in-chief legally were responsible for everything printed in 
their newspapers, regardless of authorship. Some journalists have 
reported being threatened by security officials to change the tone and 
substance of their reporting. Journalists must have a permit to travel 
abroad, although there were no reports that this restriction was 
enforced during the year (see Section 2.d.). During the year, the 
Government enforced a 2001 circular prohibiting publication of 
information or news pertaining to the armed forces before 
``consulting'' with the Ministry of Defense when journalists who 
reported on an alleged shooting of a military helicopter were harassed 
and detained by security officials.
    Most individual journalists and the Yemeni Journalists Syndicate 
agreed that the number of such incidents increased during the year for 
the first time since 1999. In July the President issued amnesty for all 
journalists in detention or awaiting trial. The amnesty directed the 
General Prosecutor to stop all cases filed against journalists awaiting 
prosecution. The orders also required journalists to pledge to 
discontinue reporting that goes against the law, national norms, or 
national unity. Because of these orders, no journalist signed the 
pledge and while detainees have been released, no cases have been 
resolved. Some journalists claimed that most harassment comes from the 
police, in particular the CID, and no longer the PSO. Cases and ongoing 
trials involving journalists often were not resolved formally, but 
rather were settled through unofficial agreements between the 
Government and the journalists, or languished indefinitely.
    During the year, approximately 30 journalists from 23 media 
institutions were investigated, charged, or imprisoned. By year's end, 
the Ministry of Interior also shut down three opposition newspapers. In 
May Abdul-Rahim Muhsen, a journalist for the Yemeni Socialist Party's 
newspaper Al-Thawri, was arrested by the PSO. He was interrogated and 
detained until July, despite a court sentence of 5 months imprisonment. 
He had written articles that were critical of the Government. On June 
5, Ibrahim Hussein, an Al-Thawri journalist, also was sentenced to 5 
months in jail. Two weeks later, Hussein was rearrested and imprisoned 
by the PSO and held incommunicado. On July 9, he was released pending 
trial. The case was pending at year's end.
    In June the Supreme Court upheld a lower court's 2001 decision to 
suspend publication of Al-Shumu for approximately 1 year for alleging 
corruption in the Ministry of Education. The Supreme Court also fined 
Seif al-Hadhri, Al-Shumu's editor-in-chief $59 (10,000 riyals). The 
Court also sentenced al-Hadhri to 6 months in prison and banned him 
from practicing journalism for 10 months. Human rights groups 
criticized the verdict and the sentence had not been carried out by 
year's end. Al-Hadhri continues to practice journalism and in late 
summer resumed publication of Al-Shumu'. During the year, al-Hadhri 
reported negatively about the Ministry of Interior, and subsequently 
the entire editorial board was arrested and held for 21 days in jail. 
The editorial board was released, and the case was pending at year's 
end.
    There were no developments in two cases involving articles that 
criticized the Government of Saudi Arabia: The 2000 court cases of 
Jamal Ahmed Amer, a journalist for al-Usbu' newspaper and a member of 
the opposition Nasserist Party and Dr. Qasim Sallam, the general 
secretary of the opposition Arab Socialist Baath Party. Amer was 
detained and held incommunicado for 6 days for writing an article 
critical of Yemeni-Saudi relations. Sallam wrote an article that 
alleged that there were supporters of Israel in the Saudi leadership.
    There were no developments in the 2000 case of Hisham Ba Sharahil, 
the editor of al-Ayyam who was charged with ``instigating the use of 
force and terrorism'' and ``publishing false information'' for 
publishing an interview with Islamic militant Abu Hamza al-Masri in 
1999. He also was charged with ``insulting public institutions'' for 
publishing an article critical of the Director of Aden Security from 
the secessionist Movement of Self-Determination for South Arabia 
(HATAM). Ba Sharahil's case was ongoing at year's end.
    The Yemeni Journalists Syndicate defends freedom of the press and 
publicizes human rights concerns. Critics claim that the syndicate was 
ineffective because it has too many nonjournalist members who support 
government policy. In previous years, several independent and 
opposition party journalists formed a rival union, the Committee for 
the Defense of Journalists, under the leadership of Hisham Ba Sharahil, 
the publisher of al-Ayyam newspaper, to defend more vigorously 
journalists harassed by the Government.
    Customs officials confiscate foreign publications regarded as 
pornographic or objectionable because of religious or political 
content. In April 2001, PSO officials in Taiz detained Faysal Said 
Fara'a, the director of a private cultural center, for 1 day of 
questioning following his alleged receipt of banned books dealing with 
the opposition. There were no reports during the year that the Ministry 
of Information delayed the distribution of international Arabic-
language dailies in an effort to decrease their sales in the country, 
as had occurred in previous years. However, authorities monitor foreign 
publications, banning those that they deem harmful to national 
interests.
    An author must obtain a permit from the Ministry of Culture to 
publish a book. Most books were approved, but the process was time-
consuming. The author must submit copies of the book to the Ministry. 
Officials at the National Library must read and endorse the text, and 
then it is submitted to a special committee for final approval. If a 
book is not deemed appropriate for publication, the Ministry simply 
does not issue a decision. Publishers usually do not deal with an 
author who has not yet obtained a permit.
    In June the Western Court of Sana'a asked the public prosecutor to 
arrest Wajdi al-Ahdal, a novelist, for allegedly ``abusing Islam and 
undermining the country's conventions.'' The Ministry of Culture 
ordered copies of his book removed from shelves and ordered the closing 
of the publisher. In May al-Ahdal left the country.
    Internet use increased significantly. An estimated 46,400 persons 
used the Internet, and 11,600 persons subscribed to it. There were more 
than 80 Internet cafes in Sana'a and approximately 30 in other cities. 
The Government did not impose restrictions on Internet use, but most 
persons claimed that equipment and subscriptions costs were 
prohibitively high. Teleyemen, a parastatal company under the Ministry 
of Telecommunications, and YemenNet were the country's Internet service 
providers. The Government did not block politically oriented Web sites.
    The Government restricted academic freedom to some extent because 
of the extreme politicization of university campuses. A majority of 
professors and students aligned themselves with either the ruling GPC 
party or the opposition Islaah party. Each group closely monitored the 
activities of the other. Top administrative positions usually were 
awarded to political allies of these two major parties. There were 
several clashes between GPC- and Islaah-affiliated students during the 
year, but no serious violence.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government limited this 
right in practice. The Government claimed that it banned and disrupted 
some demonstrations to prevent them from degenerating into riots and 
violence. The Government required a permit for demonstrations, which it 
issued routinely. Government informers monitored meetings and 
assemblies. The opposition claimed that the Government sometimes 
detained activists for questioning to prevent them from organizing 
demonstrations.
    Unlike in previous years, there were no reports of members of the 
security forces using excessive force to disperse demonstrations. There 
were a number of small, peaceful demonstrations during the year.
    Authorities reportedly arrested the soldier responsible for the 
April 2001 killing of a demonstrator in al-Dalah governorate, but there 
was no information regarding whether he was disciplined. Residents of 
al-Dalah long have resisted central government authority, and the 
governorate for many years has been the scene of frequent (and at times 
violent) clashes between often-armed residents and security forces.
    The Constitution provides for the freedom of association, and the 
Government generally respected this right in practice. Associations 
must obtain an operating license from the Ministry of Social Affairs or 
the Ministry of Culture, usually a routine matter. Government 
informants monitor meetings and assemblies.
    The Government cooperates to some extent with NGOs, although NGOs 
complain that there is a lack of response to their requests from 
government officials. Some part of the Government's limited 
responsiveness was due to a lack of material and human resources. In 
January 2001, the Parliament passed the controversial Law for 
Associations and Foundations, which regulates the formation and 
activities of NGOs (see Section 4).
    All political parties must be registered in accordance with the 
Political Parties Law, which stipulates that each party must have at 
least 75 founders and 2,500 members (see Section 3).

    c. Freedom of Religion.--The Constitution declares that Islam is 
the official religion and also provides for freedom of religion, and 
the Government generally respected this right in practice; however, 
there were some restrictions.
    Followers of other religions were free to worship according to 
their beliefs and to wear religiously distinctive ornaments or dress; 
however, the Government forbids conversions, requires permission for 
the construction of new places of worship, and prohibits non-Muslims 
from proselytizing and holding elected office. The Government does not 
designate religion on passports or identity cards. The Constitution 
states that Shari'a is the source of all legislation.
    Under Islam the conversion of a Muslim to another religion is 
considered apostasy, a crime punishable by death. There were no reports 
of cases in which the crime was charged or prosecuted by government 
authorities.
    Official government policy does not prohibit or prescribe 
punishment for the possession of non-Islamic religious literature. 
However, there were unconfirmed reports that foreigners, on occasion, 
have been harassed by police for its possession. In addition, 
ostensibly to prevent proselytizing, some members of the security 
forces occasionally censored the mail of Christian clergy who minister 
to the foreign community.
    The Government did not allow the building of new non-Muslim public 
places of worship without permission. Weekly services for Catholic, 
Protestant, and Ethiopian Christians were held in various locations in 
Sana'a without government interference. Christian church services were 
held regularly in other cities without harassment in private homes or 
facilities such as schools, and these facilities appear to accommodate 
the small numbers involved.
    There were unconfirmed reports that some police, without the 
authorization or knowledge of their superiors, on occasion have 
harassed and detained persons suspected of apostasy to compel them to 
renounce their conversions.
    Public schools provided instruction in Islam but not in other 
religions. However, almost all non-Muslims were foreigners who attended 
private schools.
    The Government has taken steps to prevent the politicization of 
mosques in an attempt to curb extremism. This included the monitoring 
of mosques for sermons that incite violence or other political 
statements that it considered harmful to public security. Private 
Islamic organizations may maintain ties to pan-Islamic organizations 
and, in the past, have operated private schools, but the Government 
monitored their activities.
    The Government has taken steps to criticize publicly efforts by 
some clerics to foment hatred and announced a plan to deny the use of 
madrassahs (Islamic religious schools) for extremist purposes. The 
Government threatened religious academies with closure, and deported 
hundreds of foreign students. In May 2001, the Government mandated the 
implementation of a 1992 law to unify educational curriculums and 
administration of all publicly funded schools. Publicly funded Islamic 
schools would be absorbed into the national system. This process began 
in 2001, but the full implementation of the law remained ongoing.
    In 2000 the Government suspended its policy (enacted earlier that 
same year) of allowing Yemeni-origin Israeli passport holders to travel 
to Yemen on laissez-passer documents. However, Yemeni, Israeli, and 
other Jews may travel freely to and within the country on non-Israeli 
passports (see Section 2.d.).
    Following unification of North and South Yemen in 1990, owners of 
property previously expropriated by the Communist government of the 
former People's Democratic Republic of Yemen (PDRK), including 
religious organizations, were invited to seek restitution of their 
property. However, implementation of the process, including for 
religious institutions, has been extremely limited, and very few 
properties have been returned to previous owners.
    Shari'a-based law and social custom discriminate against women (see 
Section 5). Men were permitted to take as many as four wives, although 
very few do so. By law the minimum age of marriage is 15. However, the 
law largely is not enforced, and some girls marry as early as age 12.
    On December 30, an individual killed 3 foreign medical staff and 
injured 1 in a hospital in Jibla. The person was arrested immediately 
after the shooting.
    There reportedly were no developments in the case of the five 
individuals who were arrested in connection with the 2001 bombing of 
Christ Church in Aden. Their trial began in April 2001 and concluded in 
August. No details of the trial were released to the public. There 
reportedly were no developments in the case of a Muslim individual who 
opened fire on worshipers during evening prayers at the local mosque in 
Dhabyan. The shootings appeared to be criminally rather than 
religiously motivated.
    Nearly all of the country's once sizable Jewish population has 
emigrated. There were no legal restrictions on the few hundred Jews who 
remain, although there were traditional restrictions on places of 
residence and choice of employment (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.--The Government places some limits on 
freedom of movement. In general the Government did not obstruct 
domestic travel, although the army and security forces maintained 
checkpoints on major roads. There were a few reports during the year 
that security forces at checkpoints killed or injured persons whom they 
believed were engaging in criminal activity and resisting arrest.
    In certain areas, armed tribesmen occasionally manned checkpoints 
alongside military or security officials, and subjected travelers to 
physical harassment, bribe demands, or theft.
    The Government did not routinely obstruct foreign travel or the 
right to emigrate and return. However, journalists must have a permit 
to travel abroad. There were no reports that the restriction on 
journalists was enforced during the year (see Section 2.a.). Women must 
obtain permission from a male relative before applying for a passport 
or departing the country.
    Immigrants and refugees traveling within the country often were 
required by security officials at government checkpoints to show that 
they possessed resident status or refugee identification cards.
    During the year, in an intensified effort to address terrorism and 
perceived religious extremism, the Government enforced existing laws 
that previously had been applied only erratically, and deported 
foreigners who were in the country illegally or whom it suspected of 
inciting violence or engaging in criminal acts. The initiative was not 
applied to refugees, and there were no reports of due process 
violations.
    The law does not include provisions for granting 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 continues to grant refugee status on a group basis to 
Somalis who arrived in the country after 1991.
    In 2000 the Government offered asylum to 56,524 Somalis. The 
Government also cooperated with the U.N. High Commissioner for Refugees 
(UNHCR) in assisting refugees from Eritrea (2,560 persons), Ethiopia 
(1,203 persons), and various other countries (252 persons). The 
Government permitted the UNHCR to monitor the situation of an estimated 
2,000 Iraqis in Yemen.
    Approximately 43,000 Somali refugees have been integrated into 
society and received medical treatment assistance from UNHCR. In 
January 2001, the Government established the National Committee for 
Refugee Affairs, which is composed of the Ministries of Interior and 
Foreign Affairs, the Immigration Authority, and the Political Security 
Organization, to handle refugee questions.
    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, there were limitations in practice. The Government 
by law is accountable to the Parliament; however, the Parliament was 
not an effective counterweight to executive authority. Decisionmaking 
and real political power still rested in the hands of the executive 
branch, particularly the President. In addition, the Constitution 
prohibits the establishment of parties that are contrary to Islam, 
oppose the goals of the Yemeni revolution, or violate the country's 
international commitments.
    The President appoints the Prime Minister, who forms the 
Government. The cabinet consists of 35 ministers. Parliament is elected 
by universal adult suffrage; the first such election was held in 1993. 
International observers judged the 1997 parliamentary elections and 
2001 local council elections as ``reasonably free and fair,'' despite 
some problems associated with the voting.
    Ali Abdullah Saleh, the President and leader of the GPC, was 
elected to a 5-year term in the country's first nation-wide direct 
presidential election in September 1999, winning 96.3 percent of the 
vote. The Constitution provides that the President is elected by 
popular vote from at least two candidates endorsed by Parliament, and 
the election was generally free and fair; however, there were some 
problems, including the lack of a credible voter registration list. In 
addition, the President was not opposed by a truly competitive 
candidate because the candidate selected by the leftist opposition 
coalition did not receive from the GPC-dominated Parliament the minimum 
number of votes required to run (the other opposition party chose not 
to run its own candidate, despite its seats in Parliament). The 
President's sole opponent was a member of the GPC. There was no 
significant violence associated with the election.
    Although the Constitution permits Parliament to initiate 
legislation, to date it has not done so. Parliament generally was 
relegated to debating policies that the Government already had 
submitted, although it increasingly and successfully revised or blocked 
draft legislation submitted by the Government. In addition, the 
Government routinely consulted senior parliamentary leaders when it 
drafted important national legislation. Despite the fact that the 
President's party enjoyed an absolute majority, Parliament has rejected 
or delayed action on major legislation introduced by the Government and 
has forced significant modification. The Parliament also has criticized 
strongly the Government for some actions, including the issue of 
detainees and aspects of the Government's counterterrorism campaign. 
Ministers frequently were called to Parliament to defend actions, 
policies, or proposed legislation, although they may and sometimes do 
refuse to appear. Parliamentarians at times were sharply critical 
during these sessions. Parliamentarians and parliamentary staff attend 
foreign NGO-sponsored training workshops designed to increase their 
independence and effectiveness.
    In a national referendum held in February 2001, citizens approved 
several amendments to the Constitution, including amendments that would 
extend the terms of Members of Parliament from 4 to 6 years and the 
President from 5 to 7 years, allow the President to dissolve Parliament 
without a referendum in rare instances, and abolish the President's 
ability to issue decrees while Parliament was in recess. Another 
approved amendment transformed the 59-member Consultative Council, an 
advisory board to the President, into an appointed 111-member Shura 
Council. The new Council, like the old, advises the President on a 
range of issues and consists of appointed members chaired by a former 
prime minister. However, unlike its predecessor, which had no 
constitutional role, the Shura Council has limited legislative and 
candidate approval powers.
    Formal government authority is centralized in Sana'a; many 
citizens, especially in urban areas, complain about the inability of 
local and governorate entities to make policy or resource decisions. 
The Local Authority Law, considered by the Government as an important 
part of its ongoing democratization program, decentralizes authority by 
establishing locally elected district and governorate councils. 
Government-appointed governors headed the councils. The first elections 
for the councils were held concurrently with the constitutional 
referendum in February 2001. A few local councils still were not 
constituted at year's end and many continued to lack sufficient 
resources.
    In some governorates, tribal leaders exercised considerable 
discretion in the interpretation and enforcement of the law. Central 
government authority in these areas often was weak.
    In October voter registration was held for parliamentary elections 
scheduled to take place in April 2003. Total registration increased to 
more than 8 million voters, and women's registration increased 40 
percent. Approximately seven persons were killed in registration-
related violence. Forty-two persons were wounded in more than 400 
incidents of violence.
    In general the elections and referendum in 2001 appeared to be free 
and fair; however, there were problems. Approximately 28 persons were 
killed and 47 injured in election-related violence. There were some 
reports of fraud, as well as logistical problems in voting procedures.
    The multiparty system remained weak. The GPC dominated the 
Parliament, and Islaah was the only other party of significance in 
Parliament. However, the Yemeni Socialist Party (YSP) declared its 
intention to participate in the April 2003 elections. All parties must 
be registered in accordance with the Political Parties Law of 1991, 
which stipulates that each party must have at least 75 founders and 
2,500 members. Some oppositionists contended that they were unable to 
organize new parties because of the prohibitively high legal 
requirements regarding the minimum number of members and leaders. The 
YSP and several smaller parties boycotted the country's first 
nationwide direct presidential election in September 1999, but they 
returned to active political life by participating in the February 2001 
local elections and constitutional referendum.
    The Government provided financial support to political parties, 
including a small stipend to publish their own newspapers. However, the 
YSP claims that the Government has yet to return the assets that it 
seized from the party during the 1994 war of secession.
    An extensive cabinet change in April 2001 expanded the Cabinet from 
24 to 35 ministers, restructured existing ministries, and created 
several new ministries to place greater emphasis on important national 
issues, such as population, the environment, and human rights. The new 
government program focuses on domestic reform, with particular 
attention to human development, including education, economic 
development, electoral reform, political decentralization, judicial 
reform, and human rights.
    There were 2 women in the 301-seat legislature. There were no women 
in the Supreme Court. There was 1 woman in the Cabinet. Two women were 
elected to the Parliament in 1997 (the same number as in 1993), and an 
increasing number hold senior leadership positions in the Government or 
in the GPC. The country's first female minister was appointed in April 
2001, and 35 women were elected to the local councils. Voter 
registration of women is less than half that of men although the 
October voter registration showed a 40 per cent increase in the levels 
of women's registration. Approximately 30 percent of women in the 
country voted in the last election.
    Many Akhdam, a small ethnic minority who may be descendants of 
African slaves, did not participate in the political process. There 
were no credible reports that citizen members of religious minorities 
were not permitted to participate in the political process (see Section 
2.c.).

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The concept of local nongovernmental human rights organizations is 
relatively new, with the first groups forming only in the 1990s. During 
the year, several groups held workshops and other activities without 
government interference and often with government support.
    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 
sometimes were cooperative and responsive to their views; however, NGOs 
complained that at times there was a lack of response to their 
requests. Some part of the Government's limitation in responsiveness 
was due to a lack of material and human resources. During the year, 
several government-sponsored initiatives were aimed at furthering 
cooperation with NGOs. For example, in October the Shura Council 
sponsored a workshop that brought together more than 20 NGOs with 
government officials and journalists.
    The Taiz-based HRITC, domestic human rights NGO, placed particular 
emphasis on education and NGO training. During 2001 the HRITC sponsored 
numerous public lectures, training workshops, and conferences, and 
participated in several meetings of the international human rights 
community. During the year, the HRITC continued its work and developed 
a directory of NGOs operating in the country. Several donors have 
supported the HRITC. The HRITC did not conduct any investigations into 
alleged human rights abuses during the year.
    The Sana'a-based NGO Forum for a Civil Society focuses on human 
rights within the context of establishing a legal framework for 
prosecuting violators and helping to reconcile draft legislation that 
is inconsistent with the Government's human rights policy or stated 
responsibilities. The forum was instrumental in raising public opinion 
and opposition to problems within the draft NGO and police laws (see 
Section 2.b.). The forum also is reviewing the Personal Status and 
Civil Procedure Laws to investigate how the laws affect women's rights 
(see Section 5) and is involved in anticorruption endeavors and prison 
reform. The group publishes the monthly Al-Qistas.
    The Yemen Institute for Developing Democracy objective in creating 
the group, Yemeni Democratic Forum, was to create a mechanism that 
would promote democratic participation and government-civil society 
engagement. During the year, it monitored the voter registration 
process to ensure it was generally free and fair.
    The National Center for Human Rights and Democratic Development 
(NCHRDD) participated with other organizations in prison inspection 
tours.
    AI, Human Rights Watch, the Parliament of the European Union, and 
the Committee to Protect Journalists observed the country closely. The 
ICRC maintained a resident representative. The Government has given 
these groups broad access to government officials, records, refugee 
camps, and prisons (see Section 1.c.).
    The Supreme National Committee for Human Rights (SNCHR), which 
reported to the Deputy Prime Minister, who also was Minister of Foreign 
Affairs, was dissolved in June 2001, reconstituted, and then placed 
under the authority of the new Minister of State for Human Rights. The 
SNCHR had been responsible for ensuring that the country met its 
obligations with respect to implementing international human rights 
conventions and investigating specific instances of abuse. The 
committee viewed, as its highest priority, education as a means to 
effect cultural change. It undertook several human rights educational 
projects, including incorporating human rights education into secondary 
school curriculums and providing human rights workshops for police 
officers and other security officials. The committee was less active in 
investigating specific cases of abuse.
    The Government created a new Human Rights Ministry in April 2001, 
headed by the country's first female minister. The country's Minister 
of State for Human Rights, Dr. Wahibah Fare'e, was a prominent women's 
rights activist and the founder of Queen Arwa University. Dr. Fare'e 
has identified women's rights, the rights of children and persons with 
disabilities, and prison reform as her priorities. Since her 
appointment, she has attended a number of human rights conferences and 
workshops.
    The Human Rights Committee of the President's Shura Council 
conducted numerous prison inspections, and suggested that those 
prisoners who had finished their sentences but did not pay their fines 
be released (see Section 1.c.).
    The Parliament's human rights committee participated in prison 
inspections during the year. The committee has no authority except to 
issue reports.
    The Committee to Combat Torture is composed of 100 senior 
parliamentarians and party leaders, including some opposition members, 
but apparently was inactive during the year.
    The Center for Future Studies, a think tank affiliated with the 
Islaah Party, issues an annual report on human rights practices, 
providing a wide-ranging overview of human rights. There is little 
follow-up to the report.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution states that ``all citizens are equal in general 
rights and duties,'' and that society ``is based on social solidarity, 
which is based on justice, freedom, and equality according to the 
law''; however, discrimination based on race, sex, and disability, 
existed. Entrenched cultural attitudes often affected women's ability 
to enjoy equal rights.

    Women.--The law provides for protection against violence against 
women; however, such provisions rarely were enforced. Although spousal 
abuse reportedly was common, it generally was undocumented. Violence 
against women and children was considered a family affair and usually 
was not reported to the police. In the country's traditional society, 
an abused woman was expected to take her complaint to a male relative 
(rather than the authorities), who should intercede on her behalf or 
provide her sanctuary if required. The only institutionalized aid 
program for victims was a small shelter for battered women in Aden.
    The law prohibits rape; however, it was a widespread problem.
    The press and women's rights activists only recently have begun to 
investigate or report on violations of women's rights. During the year 
and in 2001, NGO-sponsored conferences attempted to raise the media's 
awareness of violence against women.
    Female genital mutilation (FGM) was practiced. The prevalence of 
the practice varied substantially by region. Citizens of African origin 
or those living in communities with strong African influence were more 
likely to practice FGM. In January 2001, the Cabinet issued a decree 
making it illegal for public or private health service practitioners to 
practice FGM, and some government health workers and officials 
continued to discourage the practice actively and publicly. During the 
year, the January 2001 Cabinet decree was reissued as a presidential 
decree, making it illegal for heath service practitioners to practice 
FGM. On December 28, some NGOs in Hodeidah and Aden held a conference 
on combating FGM to discuss specific ways to combat the practice.
    Prostitution is illegal; however, it occurred in practice.
    The Penal Code allows for leniency for persons guilty of committing 
a ``crime against honor,'' a euphemism for violent assaults or killings 
committed against a female for her perceived immodest or defiant 
behavior. Legal provisions regarding violence against women state that 
an accused man should be put to death for murdering a woman. However, a 
husband who murdered his wife and her lover may be fined or imprisoned 
for a term not to exceed a year. Despite the apparent sanctioning of 
honor killings, most citizens, including women's activists, believed 
the phenomenon was not widespread. Some international NGOs claimed that 
the practice was more prevalent, but admitted to a lack of evidence to 
support such claims.
    Women faced significant restrictions on their role in society. The 
law, social custom, and Shari'a, as interpreted in the country, 
discriminated against women. Men were permitted to take as many as four 
wives, although very few do so. By law the minimum age of marriage is 
15. However, the law largely is not enforced, and some girls marry as 
early as age 12.
    The law stipulates that the wife's ``consent'' to the marriage is 
required; consent is defined as ``silence'' for previously unwed women 
and ``pronouncement of consent'' for divorced women. The husband and 
the wife's ``guardian'' (usually her father) sign the marriage 
contract; in Aden and some outlying governorates, the wife also signs. 
The practice of bride-price payments is widespread, despite efforts to 
limit the size of such payments.
    The law provides that the wife must obey the husband. She must live 
with him at the place stipulated in the contract, consummate the 
marriage, and not leave the home without his consent. Husbands may 
divorce wives without justifying their action in court. A woman has the 
legal right to divorce; however, she must provide a justification, such 
as her husband's nonsupport, impotence, or taking of a second wife 
without her consent. However, the expense of hiring a lawyer is a 
significant deterrent, as is the necessity for rural women to travel to 
a city to present their case. A woman seeking a divorce also must repay 
the mahr (a portion of her bride price), which creates an additional 
hardship. As a woman's family usually retains the mahr, the refusal by 
a family to pay the mahr effectively can prevent a divorce. The 
family's refusal to accept the woman back into the home also may deter 
divorce, as few other options are available to women. When a divorce 
occurs, the family home and older children often were awarded to the 
husband. The divorced woman usually returns to her father's home or to 
the home of another male relative. Her former husband must continue to 
support her for another 3 months, since she may not remarry until she 
proves that she is not pregnant.
    The Cabinet issued the ``House of Obedience'' law, which contained 
provisions that forced women who left their husbands to return. During 
the year, the law was passed by Parliament. A grassroots effort to 
lobby against the provisions was conducted by NGOs, lawyers, 
journalists, and the National Women's Committee (NWC). Subsequently, 
government removed the provisions that forced women to return to their 
husbands after they had left them.
    Women who seek to travel abroad must obtain permission from their 
husbands or fathers to receive a passport and to travel (see Section 
2.d.). They also were expected to be accompanied by male relatives. 
However, enforcement of this requirement is not consistent.
    Shari'a-based law permits a Muslim man to marry a Christian or 
Jewish woman, but no Muslim woman may marry outside of Islam. Women do 
not have the right to confer citizenship on their foreign-born spouses; 
however, they may confer citizenship on children born in the country of 
foreign-born fathers.
    According to an Interior Ministry regulation, any citizen who 
wishes to marry a foreigner must obtain the permission of the Ministry. 
A woman wishing to marry a foreigner must present proof of her parents' 
approval to the Interior Ministry. A foreign woman who wishes to marry 
a citizen man must prove to the Ministry that she is ``of good conduct 
and behavior,'' and ``is free from contagious disease.'' There were no 
corresponding requirements for men to demonstrate parental approval, 
good conduct, or freedom from contagious diseases. Although the 
regulation does not have the force of law and is applied irregularly, 
some human rights groups have raised concerns about it.
    The Government consistently supported women's rights as exemplified 
by local law and the expansion of the public role of women. The 
President frequently speaks publicly about the importance of women in 
politics and economic development. Several ministries have a number of 
female directors general. In 2000 the Prime Minister established the 
Supreme Council for Women, an independent governmental body charged 
with promoting women's issues in the Government.
    According to 2000 government statistics, approximately 68 percent 
of women were illiterate, compared with approximately 28 percent of 
men. The fertility rate is 6.5 children per woman. Most women have 
little access to basic health care.
    In general women in the south, particularly in Aden, were better 
educated and have had somewhat greater employment opportunities than 
their northern counterparts. However, since the 1994 war of secession, 
the number of working women in the south appears to have declined, due 
not only to the stagnant economy but also to increasing cultural 
pressure from the north. According to the UNDP, female workers account 
for 19 percent of the paid labor force. There were no laws prohibiting 
sexual harassment, and it occurs in practice.
    Prior to unification, approximately half of the judges working in 
the PDRY were women. However, after the 1994 war of secession, 
conservative leaders of the judiciary reassigned many southern female 
judges to administrative or clerical duties. Although several female 
judges continue to practice in Aden, there were no female judges in 
northern courts.
    The National Women's Committee (NWC), a government-sponsored semi-
independent women's association, promotes women's education and civic 
responsibility through seminars and workshops and by coordinating 
donors' programs. The committee's chairwoman sits on the Prime 
Ministerial Supreme Council for Women. In July 2001, the NWC, in a 
legal reform project financed by the World Bank, completed a 6 month 
review of 58 significant national laws to find and rectify provisions 
that discriminated against women or violated equal status requirements 
agreed to by the Government in international conventions. The NWC's 
seven-member legal committee identified problems and recommended legal 
changes. The Cabinet approved the recommended changes in principle, 
with some revisions; however, Parliament passed no legislation 
regarding this matter by year's end. During the year, the NWC also 
pushed for a quota system to reserve at least 10 percent of the 
parliament seats for women. The Government passed no legislation 
regarding the guarantee by year's end.
    There were a number of recently formed NGOs working for women's 
advancement, including the Social Association for Productive Families, 
promoting vocational development for women; the Women and Children's 
Department of the Center for Future Studies, organizing seminars and 
publishing studies on women and children; the Woman and Child 
Development Association, focusing on health education and illiteracy; 
and the Yemeni Council for Motherhood and Childhood, providing 
microcredit and vocational training to women.

    Children.--While the Government asserts its commitment to protect 
children's rights, it lacked the resources necessary to ensure adequate 
health care, education, and welfare services for children. Malnutrition 
was common. The infant mortality rate in 1999 was 75 deaths per 1,000 
births, down from 105 per 1,000 in 1998. Male children received 
preferential treatment and had better health and survival rates.
    The law provides for universal, compulsory, and free education from 
ages 6 to 15; however, the provision regarding compulsory attendance is 
not enforced. Many children, especially girls, do not attend primary 
school. According to a UNDP report released during 2001, average 
student attendance in primary schools is 76 percent for boys and 40 
percent for girls. In rural areas, 52 percent of children attend 
school; the rate in urban areas is 81 percent. In 1998 to encourage 
girls' attendance at school, the Government passed a law that 
eliminated school fees and the requirement of uniforms for girls. 
According to an UNICEF report, enrollment of girls in school increased 
by 4 percent in 1998.
    Child marriage is common in rural areas. Although the law requires 
that a girl be 15 years of age to marry, the law is not enforced, and 
marriages of girls as young as age 12 occur.
    The law does not prohibit Child abuse, and it was a problem.
    FGM was practiced on a limited scale (see Section 5).

    Persons with Disabilities.--Persons with mental and physical 
disabilities faced distinct social prejudices, as well as 
discrimination in education and employment. The Government mandated the 
acceptance of persons with disabilities in universities, exempted them 
from paying tuition, and required that schools be made more accessible 
to persons with disabilities; however, it was unclear to what extent 
these laws have been implemented. There is no national law mandating 
the accessibility of buildings for persons with disabilities.
    Public awareness regarding the need to address the concerns of 
persons with disabilities appeared to be increasing. For example, 
during 2001 a privately funded center for persons with hearing and 
speaking impairments was established in Taiz. In 2000 donors financed 
the establishment of three new schools for persons with disabilities in 
Taiz governorate.
    The Handicapped Society and the Challenge Society were involved in 
assisting persons with disabilities. These two NGOs provided 
rehabilitation assistance and vocational training, and sponsored 
cultural and sports activities.

    National/Racial/Ethnic Minorities.--Citizens with a noncitizen 
parent at times face discrimination in employment and in other areas. 
Persons who sought employment at Sana'a University or admission to the 
military academy by law must demonstrate that they have two citizen 
parents. Nonetheless, many senior government officials, including 
Members of Parliament and ministers, have only one citizen parent. In 
some cases, naturalization of the noncitizen parent is sufficient to 
overcome the ``two-Yemeni-parent'' requirement.
    A small group of persons claiming to be the descendants of ancient 
Ethiopian occupiers of the country who later were enslaved, were 
considered the lowest social class. Known as the ``Akhdam'' (servants), 
they live in poverty and endure persistent social discrimination. The 
Government's Social Fund for Development (SFD) for ``special needs 
groups,'' focused particularly on the Akhdam. In July 2001, several 
Akhdam-origin citizens in Taiz governorate established the Free Black 
People's Charitable Organization to fight discrimination and improve 
conditions for their community.
    Human rights groups have reported that some immigrants of African 
origin have difficulty in securing Interior Ministry permission to 
marry citizens. An Interior Ministry regulation required that marriages 
of citizens and foreigners be approved in advance by the Ministry (see 
Section 1.f.).
    Tribal violence continued to be a problem during the year, and the 
Government's ability to control tribal elements responsible for acts of 
violence remained limited. For example, during January two persons were 
reported killed in tribal disputes between the al-Fukara and al-Saiad 
tribes in Mareb governorate. In March two persons were reported killed 
and four injured in Saada in a tribal leadership dispute between Bani 
Ghalfan and al-Bau Slamah tribes. In May five persons were killed and 
seven injured in a tribal dispute between al-Wahbi and al-Ubaysi tribes 
in al-Bayda governorate. Tensions, which periodically escalate into 
violent confrontations, continue between the Government and some 
tribes.

Section 6. Worker Rights

    a. The Right of Association.--The Constitution and Labor Law 
provide that citizens have the right to form and join unions; however, 
this right was restricted in practice. The Government sought to place 
its own personnel in positions of influence inside unions and trade 
union federations.
    The General Federation of Trade Unions of Yemen (GFWTUY) remained 
the sole national umbrella organization. The GFWTUY claimed 
approximately 350,000 members in 14 unions and denied any association 
with the Government, although it worked closely with the Government to 
resolve labor disputes through negotiation. Observers suggest that the 
Government likely would not tolerate the establishment of an 
alternative labor federation unless it believed such an establishment 
to be in its best interest.
    Only the General Assembly of the GFWTUY may dissolve unions. The 
law provides equal labor rights for women, and it confirms the freedom 
of workers to associate. The Labor Law does not stipulate a minimum 
membership for unions, nor does it limit them to a specific enterprise 
or firm. Thus, citizens may associate by profession or trade.
    The law generally protects employees from antiunion discrimination; 
however, during the year the International Confederation of Labor 
Unions identified weaknesses within this law. Employers do not have the 
right to dismiss an employee for union activities. Employees may appeal 
any disputes, including cases of antiunion discrimination, to the 
Ministry of Social Affairs and Labor. Employees also may take a case to 
the Labor Arbitration Committee, which is chaired by the Ministry of 
Labor and also consists of an employer representative and a GFWTUY 
representative. Such cases often were disposed favorably toward 
workers, especially if the employer was a foreign company.
    The GFWTUY is affiliated with the Confederation of Arab Trade 
Unions and since November 2001 with the Brussels-based International 
Confederation of Free Trade Unions. The GFWTUY withdrew from the 
formerly Soviet-controlled World Federation of Trade Unions in January 
2001.

    b. The Right to Organize and Bargain Collectively.--The Labor Law 
provides workers with the right to organize and bargain collectively. 
The Government permitted these activities; however, it sought to 
influence them by placing its own personnel inside groups and 
organizations. The Ministry of Labor has veto power over collective 
bargaining agreements, a practice criticized by the International Labor 
Organization (ILO). Several such agreements exist. Agreements may be 
invalidated if they were ``likely to cause a breach of security or to 
damage the economic interests of the country.'' Unions may negotiate 
wage settlements for their members and may resort to strikes or other 
actions to achieve their demands. Public sector employees must take 
their grievances to court.
    The Labor Law provides for the right to strike; however, strikes 
were not permitted unless a dispute between workers and employers is 
``final'' and ``incontestable'' (a prior attempt must have been made to 
settle through negotiation or arbitration). The proposal to strike must 
be submitted to at least 60 percent of all concerned workers, of whom 
25 percent must vote in favor of the proposal. Permission to strike 
also must be obtained from the GFWTUY. Strikes for explicit ``political 
purposes'' were prohibited.
    There were very few strikes during the year, and there were no 
reports of violence in connection with these strikes.
    There are no export processing zones (EPZs) in operation; an EPZ is 
planned for Aden.

    c. Prohibition of Forced or Bonded Labor.--The Constitution 
prohibits forced or bonded labor, and there were no reports that such 
practices occurred.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The established minimum age for employment is 15 years in 
the private sector and 18 years in the public sector. By special 
permit, children between the ages of 12 and 15 may work. The Government 
rarely enforced these provisions, especially in rural and remote areas. 
The Government also did not enforce laws requiring 9 years of 
compulsory education for children.
    Child labor was common, especially in rural areas. Many children 
were required to work in subsistence farming because of the poverty of 
their families. Even in urban areas, children worked in stores and 
workshops, sold goods on the streets, and begged. Many school-aged 
children work instead of attending school, particularly in areas in 
which schools were not easily accessible.
    In 2000 the President's Consultative Council (now the Shura 
Council) adopted the ILO's Child Labor Strategy to address persistent 
child labor problems. A special council, under the leadership of the 
Minister of Social Affairs and Labor, used the strategy as a 
government-wide guideline for enforcing existing child labor laws and 
formulating and implementing new laws.
    The Child Labor Unit at the Ministry of Labor implemented and 
enforced child labor laws and regulations. The unit is responsible for 
investigating and addressing cases and issuing guidelines to prevent 
child labor. They have offices in 11 provinces, and have established 
specific guidelines to prevent child labor under the age of 12. The 
Government was an active partner with the International Program to 
Eliminate Child Labor.

    e. Acceptable Conditions of Work.--There is no established minimum 
wage for any type of employment. The Labor Law states that ``it shall 
not be permissible that the minimal level of the wage of a worker 
should be less than the minimal wages of government civil servants.'' 
During the year, the Government again increased civil servants' wages. 
Private sector workers, especially skilled technicians, earn a far 
higher wage. The average wage does not provide a decent standard of 
living for a worker and family.
    The law specifies a maximum 48-hour workweek with a maximum 8-hour 
workday, but many workshops and stores operate 10- to 12-hour shifts 
without penalty. The 35-hour workweek for government employees was 7 
hours per day from Saturday through Wednesday.
    The Ministry of Labor was responsible for regulating workplace 
health and safety conditions. The requisite legislation for regulating 
occupational health is contained in the Labor Law, but enforcement was 
weak to nonexistent. Many workers regularly were exposed to toxic 
industrial products and develop respiratory illnesses. Some foreign-
owned companies as well as major manufacturers implement higher health, 
safety, and environmental standards than the Government required. 
Workers have the right to remove themselves from dangerous work 
situations and may challenge dismissals in court. These laws were 
generally respected in practice.

    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.
                               SOUTH ASIA

                              ----------                              


                              AFGHANISTAN

    Afghanistan has experienced civil war and political instability for 
23 years. The arrival of Operation Enduring Freedom (OEF) forces and 
the collapse of the Taliban in 2001 helped to begin to bring an end the 
decades-long pattern of serious human rights abuses. There was no 
functioning central government from 1996 until December 22, 2001, when 
the Afghan Interim Administration (AIA) took office. On December 5, 
2001, a U.N.-sponsored Afghan peace conference in Bonn, Germany, 
approved a broad agreement for the establishment of transitional 
mechanisms, including a 6-month AIA to govern the country. There was a 
peaceful transfer of power from the AIA to the Transitional Islamic 
State of Afghanistan (TISA). As mandated by the Bonn Agreement, the 
AIA/TISA formed the Judicial Commission, the Human Rights Commission, 
and a Drafting Committee of the Constitutional Commission to begin the 
process of reform in these areas. A Civil Service Commission has yet to 
be named. In June the Emergency Loya Jirga, a gathering of Afghan 
representatives from throughout the country, elected Hamid Karzai as 
President of the Transitional Islamic State of Afghanistan. Karzai 
subsequently formed a cabinet including two female members and broad 
ethnic representation. The Loya Jirga was unable to reach a decision on 
formation of a legislative body and deferred its creation until 
elections scheduled for June 2004. Major provincial centers were under 
the control of regional commanders. With one significant exception in 
the southeast, these commanders acknowledged the Karzai administration 
as the legitimate central authority. Karzai appointed governors to all 
32 provinces. The 1964 Constitution served as the interim Constitution. 
The legal framework of the country and judicial system of the country 
were also set forth in the Bonn Agreement. Existing laws, not 
inconsistent with the Bonn Agreement, the country's international 
obligations, or applicable provisions of the Constitution, remained in 
effect. Judicial power rested with the Supreme Court. Under the Karzai 
government, the rule of law applied throughout the country; however, in 
practice recognition of the rule of law, particularly outside of Kabul, 
was limited. Years of Soviet occupation and civil war resulted in the 
country's laws becoming a mix of codes. During these years, much of the 
formal judicial structure deteriorated. The judiciary continued to 
operate on an ad hoc basis.
    During most of 2001, the Taliban, an ultra-conservative Islamic 
movement, controlled approximately 90 percent of the country. On 
October 7, 2001, OEF, a U.S.-led coalition, began military action aimed 
at toppling the Taliban regime and eliminating the al-Qa'ida network in 
the country. U.S. forces worked in concert with anti-Taliban forces of 
the Northern Alliance as well as others in the southern part of the 
country. By mid-November 2001, the Taliban had been removed from power. 
U.S. military operations continued during the year, especially in 
southern and eastern regions, to capture and detain remaining Taliban 
and al-Qa'ida fighters.
    The International Security Assistance Force (ISAF), established on 
December 20, 2001, was responsible for the security of Kabul under the 
command of the United Kingdom and later Turkey. Outside the capital, 
regional commanders and warlords maintained local militias. Sporadic 
fighting continued across the north among rival commanders loyal to 
Jumbesh leader General Abdul Rashid Dostum and Jamiat-i Islami 
commander Mohammad Atta. There was also skirmishing in the west near 
Shindand between Herat leader Ismail Khan and Pashtun commander 
Amanullah Khan. In October Pacha Khan Zadran, a warlord in Khost/
Paktia, fled from Khost after months of instigating attacks on forces 
loyal to the Karzai government and refusing to yield the governor's 
residence to a Karzai appointee.
    The dislocations associated with more than 20 years of fighting, 
together with years of severe drought, reduced the country's economy to 
below subsistence level for a majority of the population. A U.N.-
sponsored health survey in the north in January 2001 found alarming 
levels of malnutrition, especially among women and children. Most of 
the population of approximately 25.8 million remained engaged in 
agriculture and animal husbandry. In previous years, opium poppy was 
the mainstay of the economy and largely financed the military 
operations of various provincial authorities. While production dropped 
dramatically in 2001 after a Taliban ban on poppy growth, cultivation 
resumed and produced one of the world's largest poppy harvests during 
the year. The severe drought affected more than half of the population 
and continued to affect severely approximately 5 to 6 million persons. 
The drought increased internal displacement and caused massive loss of 
livestock and loss of livelihood. Livestock losses were reported at 
approximately 50 percent. Crop loss in many areas averaged 75 percent. 
Additionally, a lack of resources and the prolonged civil war impeded 
reconstruction of irrigation systems, repair of market roads, and 
replanting of orchards. Since the AIA/TISA took office, rehabilitation 
efforts in these areas accelerated with international assistance. While 
the removal of the Taliban permitted increased mine clearance activity, 
millions of landmines and unexploded ordnance remained throughout the 
country, restricting areas available for cultivation. In October TISA 
successfully began introduction of a new currency. Formal economic 
activity consisted primarily of small to medium shops buying and 
selling a range of materials and goods transiting the country. There 
was little manufacturing or industrial activity. The country was 
dependent on international assistance, and large portions of the 
population required food aid to survive. Reconstruction, primarily in 
the areas of water and sanitation, hospitals, schools, and secondary 
roads, proceeded in differing degrees throughout the country.
    The Government made significant progress in establishing democracy 
and good governance during its first full year of democratic government 
after prolonged civil war and political instability; however, 
reconstruction and recovery was the central focus of activity, and 
numerous problems remained. The Government allowed citizens the right 
to change their government through Loya Jirga elections that were 
deemed free and fair; however, there were some reports of intimidation 
and interference in the Loya Jirga process. Members of the security 
forces committed arbitrary, unlawful, and some extrajudicial killings, 
and officials used torture in jails and prisons. Prison conditions 
remained poor. Overcrowding and limited food and medical supplies 
contributed to deteriorating health and even death among prisoners. 
There were approximately 500,000 displaced persons. Sporadic fighting 
and related security concerns, as well as the drought, discouraged some 
refugees from returning to their country. The Karzai government 
generally provided for the freedom of speech, the press, assembly, 
association, religion, and movement; however, serious problems 
remained. Violence and societal discrimination against women and 
minorities were problems. Women and girls were subjected to rape and 
kidnaping, particularly in areas outside Kabul where security problems 
persisted. Local commanders in northern provinces targeted Pashtuns for 
murder, looting, rape, and destruction of property. Approximately 
60,000 Pashtuns became displaced because of the violence. Worker rights 
were not defined, although the 1964 Constitution generally prohibited 
forced labor. Local reports indicated there was widespread disregard 
for and abuse of internationally recognized worker rights. Child labor 
persisted. Afghanistan 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 remnants of the Taliban and rogue warlords sometimes 
threatened, robbed, attacked, and occasionally killed local villagers, 
political opponents, and prisoners. During the year, some efforts were 
made to bring to justice those persons responsible for serious abuses. 
On October 9, Abdul Shah, a Taliban commander, was convicted of mass 
murder and sentenced to 20 years in prison.
    In addition, significant efforts were made to improve the situation 
for women. After the fall of the Taliban, some women, primarily in 
Kabul, were able to discard the burqa, a head-to-toe veil that the 
Taliban enforced rigidly. In December President Karzai decreed that 
women had the right to choose whether to wear the burqa. Female civil 
servants and teachers also were able to return to work. International 
organizations and non-governmental organizations (NGOs) were able to 
employ women. For example, on March 8, the country celebrated 
International Women's Day for the first time in many years. Hundreds of 
schools nationwide were opened or reopened for 3 million boys and girls 
beginning in March. In May a new primary school for 600 boys and 430 
girls opened in the village of Nawabad. In Herat Province, nearly 
100,000 girls enrolled in schools in grades 1-12 during the year. With 
the assistance of United Nations High Commissioner for Refugees (UNHCR) 
and the Ministry of Rural Reconstruction and Development, more than 2 
million Afghan refugees returned to their home communities around the 
country.

                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:

    a. Arbitrary or Unlawful Deprivation of Life.--The arrival of the 
OEF forces and the collapse of the Taliban in 2001 helped begin to 
bring an end to the decades-long pattern of serious human rights 
abuses, including extrajudicial killings. However, in the aftermath 
there continued to be reports of unlawful killings. In November police 
used excessive force and killed two persons to disperse demonstrations 
in Kabul when hundreds of students protested living conditions in 
dormitories (see Section 2.b.). The Government launched an 
investigation into the incident; however, no findings had been issued 
at year's end. According to Amnesty International (AI), there were 
reports of intimidation, attacks, and killings during the Loya Jirga 
process. One report stated that at least eight persons were killed 
during the delegate selection process, and in Herat, several candidates 
were arbitrarily detained, harassed, and threatened. At year's end, no 
investigation or arrests had been made in connection with the killings.
    There were reports of deaths in custody. In November the U.N. 
reported that at least one potential witness to the events that 
surrounded the November 2001 transport of Taliban prisoners who died in 
September after being taken into custody by Jumbesh leader General 
Dostum's forces. Taliban fighters died in fighting, during the 
suppression of a riot and while in custody in Mazar-i Sharif (see 
Section 1.g.).
    In 1998 the U.N. found several mass graves connected with the 
massacre of Taliban fighters near Mazar-i Sharif in 1997, which 
contained evidence consistent with mass executions. Independent 
investigations of these and other killings, including killings by the 
Taliban, were hindered by the continuing warfare and the unwillingness 
of local commanders to allow investigators to visit the areas in 
question. At year's end, mass killings from 1997 and 1998 had not been 
fully investigated.
    During the year, there were instances of government forces killing 
civilians during the fight against Taliban supporters. In August 70 
persons reportedly were killed in fighting between ethnic Tajik forces 
and ethnic Pashtuns forces in Herat.
    An estimated 400,000 Afghans have been killed or wounded by 
landmines. Casualties caused by landmines and unexploded ordnance were 
estimated at 10 to 12 per day (see Section 1.g.).
    There were numerous bombings during the year. For example, on April 
8, 4 persons were killed and 12 injured when a bomb exploded near a car 
carrying the Defense Minister Mohammed Fahim in Jalalabad. On June 19, 
unknown assailants launched a rocket near the U.S. Embassy. There were 
no injuries. On September 5, approximately 35 persons were killed by a 
car bomb in Kabul. No one claimed responsibility for any of these acts.
    The lack of an effective police force, poor infrastructure and 
communications, instability, and insecurity made it difficult to 
investigate unlawful killings, bombings, or civilian deaths, and there 
were no reliable estimates of the numbers involved.
    Unknown assailants attacked and killed several senior officials. 
For example, in February Civil Aviation Minister Abdul Rahman was 
killed at Kabul airport. No suspect had been arrested and by year's 
end, no prosecution had taken place. In July Vice President and Public 
Works Minister Haji Abdul Qadir was killed in an ambush while leaving 
his office. At year's end, there had been no claim of responsibility. 
President Karzai appointed a five-member team of officials to 
investigate the killing. By year's end the case still was under 
investigation. On September 5, a 19-year-old assailant killed one 
person in an attempt to assassinate President Karzai.
    In November 2001, Taliban prisoners staged a revolt at Qala-i Jangi 
near Mazar-i Sharif. Approximately 120 prisoners died during the 
uprising. There were reports that Northern Alliance fighters killed 
some of the prisoners after the uprising had been brought under 
control. No action was taken against those reportedly responsible for 
post-battle executions of prisoners.
    There were no developments in the 2001 mass killings by the Taliban 
of mainly Shi'a Hazaras in Yawkowlang.

    b. Disappearance.--There were reports of politically motivated 
disappearances. In September the U.N. reported the disappearance of 
several potential witnesses to the deaths of Taliban prisoners 
transported to Shiberghan prison in November 2001. There were 
allegations that forces loyal to northern leader General Dostum were 
responsible for these disappearances.
    There were credible allegations of Taliban responsibility for 
disappearances, abductions, kidnapings, and hostage-takings between 
1998 and 2001. Taliban forces reportedly abducted women and girls from 
Taloqan, the Shomali plain, and Hazara neighborhoods in Mazar-i Sharif. 
A number of accounts indicated that the Taliban forced women and girls 
into marriages or trafficked them to Pakistan and the Arab Gulf states. 
The whereabouts of most of these women and girls remained unknown. By 
year's end, the whereabouts of thousands of persons detained by the 
Taliban, including those detained after the capture of Mazar-i Sharif 
in 1998, fighting in Taloqan in 2000, and occupation of Yakawlang in 
2001, remained unknown.
    There were no developments in the disappearances of General Abdul 
Rahman, General Farooq, Moulvi Shabuddin, Waliullah Dagarwal, General 
Syed Agha Rayees, engineer Nabi Shah, and Wolaswal Ismail.
    Groups in Russia listed nearly 300 Soviet soldiers formerly serving 
in Afghanistan as missing in action or prisoners of war (POWs) from the 
Soviet-Afghan war (1979-1989). Most were thought to be dead or to have 
assimilated voluntarily into Afghan society, although some allegedly 
were held against their will. A number of persons from the former 
Soviet Union, missing since the period of the Soviet occupation, were 
presumed dead.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The 1964 Constitution, in effect under the Bonn Agreement, 
prohibits such practices, and torture did not appear to be systematic 
throughout the country, but there were reports of abuses. Some 
provincial authorities were believed to have used torture against 
opponents and POWs, although specific information generally was 
lacking. Some prison officials reportedly beat prisoners in Kabul. In 
November Human Rights Watch (HRW) alleged that some police authorities 
in Herat routinely employed electric shock on detainees. HRW also 
reported that some Herat security officials beat prisoners who were 
hung upside down. In late May, Herat Governor Ismail Khan's security 
forces arrested Mohammad Rafiq Shahir, and police reportedly beat 
Shahir so severely that cuts and bruises were still visible during the 
Loya Jirga in mid-June (see Section 3). According to a 2001 report, 
prison authorities in Badakhshan Province routinely used rubber and 
plastic-bound cables in beatings.
    Prison conditions remained poor. According to AI, prisoners lived 
in overcrowded, unsanitary conditions in collective cells and were not 
sheltered from severe winter conditions. In January the Physicians for 
Human Rights (PHR) reported on the ``deplorable conditions'' at 
Shiberghan Prison. The PHR found severe overcrowding, non existent 
sanitation, exposure to winter cold, inadequate food, and no medical 
supplies for the 3,500 prisoners. Dysentery, pneumonia, and yellow 
jaundice were epidemic. According to the PHR report, the cells in 
Shiberghan were constructed to house 10 to 15 prisoners, but they held 
80 to 110 men during the year.
    A number of regional leaders, particularly Ismail Khan in Herat and 
General Dostum in Shiberghan, maintained prisons that most likely held 
political detainees. Herat prison held 600 to 700 prisoners. Shiberghan 
prison held approximately 1,000 inmates, including Taliban fighters and 
a number of Pakistanis.
    The International Committee of the Red Cross (ICRC) continued to 
visit detainees during the year; however, fighting and poor security 
for foreign personnel limited the ability of the ICRC to monitor prison 
conditions.

    d. Arbitrary Arrest, Detention, or Exile.--Legal and law 
enforcement institutions existed but operated unevenly throughout the 
country due to lack of personnel and training. During the year, justice 
was administered on an ad hoc basis according to a mixture of codified 
law from earlier periods, Shari'a law, and local custom. Persons were 
subject to arbitrary detention. There were credible reports that local 
police authorities extorted bribes from civilians in return for their 
release from prison or to avoid arrest. Judicial and police procedures 
varied from locality to locality. Procedures for taking persons into 
custody and bringing them to justice followed no established code. 
Practices varied depending on the area and local authorities. Some 
areas had a more formal judicial structure than others.
    There were unconfirmed reports of private detention facilities 
around Kabul and in northern regions of the country.
    In the months proceeding the Loya Jirga in June, Ismail Khan's 
officials reportedly arrested Loya Jirga candidates who were not his 
supporters.
    In November 2001, supporters of former king Zahir Shah reportedly 
were arrested and severely beaten by Herat authorities. The arrests 
took place when the former king's supporters attempted to hold a 
political rally near Herat's main mosque.
    A number of persons arrested by the Taliban for political reasons 
were believed still to be in detention until the fall of the Taliban 
late in 2001. The whereabouts of such detainees was uncertain at year's 
end.
    There was no information available regarding forced exile.

    e. Denial of Fair Public Trial.--With no functioning nationwide 
judicial system, many municipal and provincial authorities relied on 
some interpretation of Islamic law and traditional tribal codes of 
justice. The Bonn Agreement called for the establishment of a Judicial 
Commission to rebuild the domestic justice system in accordance with 
Islamic principles, international standards, the rule of law, and local 
legal traditions. In November the Government inaugurated the Judicial 
Commission, and President Karzai appointed two women and various ethnic 
minorities to it. The judiciary operated with minimal training.
    The administration and implementation of justice varied from area 
to area and depended on the inclinations of local authorities. In the 
cities, courts decided criminal and civil cases. There reportedly was a 
lower court and a higher court in every province. The Supreme Court was 
located in Kabul. In cases involving murder and rape, convicted 
prisoners generally were sentenced to execution, although relatives of 
the victim could instead choose to accept other restitution or could 
enforce the verdict themselves. Decisions of the courts reportedly were 
final. The courts reportedly heard cases in sessions that lasted only a 
few minutes. According to AI, some judges in these courts were 
untrained in law and at times based their judgments on a combination of 
their personal understanding of Islamic law and a tribal code of honor 
prevalent in Pashtun areas. In rural areas, local elders and shuras 
were the primary means of settling criminal matters and civil disputes.
    In September a closed court convicted Abdullah Shah, a former 
commander, of mass murder, including the killing of 50 Hazaras during a 
bus hijacking. Before Shah's appeal was formally heard by the Supreme 
Court, Chief Justice Fazl Shinwari publicly stated that Shah should 
receive the death sentence. Shah subsequently received a death sentence 
at the conclusion of his appeal. Shah did not have legal representation 
during the appeal. In general defendants did not have the right to an 
attorney, although they were permitted attorneys in some instances.
    Most provincial authorities likely held political prisoners, but 
there were no reliable estimates of the numbers involved.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The 1964 Constitution, in effect under the Bonn 
Agreement, states that, ``No one, including the State can enter or 
search a residence without the permission of the resident or the orders 
of a competent court.'' However, armed groups forcibly invaded and 
looted the homes and businesses of civilians. These gunmen reportedly 
acted with impunity, due to the absence of a responsive police force or 
legal protection for victims. In addition, it was unclear what 
authority controlled the actions of the local commanders, who patrolled 
the streets of cities and towns outside of the areas controlled by the 
ISAF. In the north, local commanders, particularly Jumbesh commander 
Lal, targeted Pashtuns, abusing female members of families, 
confiscating property, and destroying homes.
    In the southeastern town of Gardez, unknown extremists began an 
intimidation campaign, leaving leaflets warning video shop owners to 
stop selling cassettes. In September a bomb exploded, destroying four 
shops and damaging eight others. On April 27, shells and rockets 
exploded destroying shops and killing 18 persons.
    Kabul police authorities placed women under detention in prison, at 
the request of family members, for defying the family's wishes on the 
choice of a spouse.
    There were reports of forcible conscription in the north by forces 
loyal to Jumbesh leader General Dostum (see Section 1.g.).

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal Conflicts.--The international community worked closely during 
the year with local officials in the delivery of humanitarian 
assistance. The Taliban's rapid fall from power averted a much-feared 
large-scale humanitarian disaster. After the fall of the Taliban, 
looting by armed groups and individuals, general insecurity, and harsh 
weather conditions at times hampered humanitarian assistance efforts. 
Primary limitations for the delivery of assistance remained logistical 
and centered on the difficulties in moving relief goods overland to 
geographically remote areas. Continued lawlessness and sporadic 
fighting in northern areas also impeded assistance efforts. Instability 
in the southeast, where Taliban and al-Qa'ida remnants remained at 
large and where local warlord Pacha Khan Zadran openly attacked forces 
loyal to the central government, limited delivery of assistance to this 
sector. In November President Karzai fired approximately 20 senior and 
80 minor officials for corruption and facilitating insecurity on the 
roads.
    A U.N. report released in late June catalogued the intimidation and 
violence directed at NGO workers including threats, accusations, 
kidnapings, attacks, murder, rape of family members of local NGO staff, 
and armed robbery. Some provincial governors extorted a ``tax'' from 
local NGOs. NGOs sometimes were forced to pay twice if district leaders 
were from different provincial authorities. Despite issuing a number of 
resolutions agreeing to cooperate and improve security conditions, 
senior factional leadership managed to take action only in a minority 
of cases and often with little commitment.
    For example, on June 8, armed men in Mazar-i Sharif raped an NGO 
humanitarian assistance worker and beat the local staff who was 
accompanying her. Northern authorities detained three men and at year's 
end, charges against them were still pending. In June armed men in 
Takhar Province fired upon the vehicle of an international NGO when the 
occupants refused to provide a ride to the group. In June near Mazar-i 
Sharif, armed men shot at a convoy of international NGO vehicles. On 
June 10, armed men broke into an international NGO's office in Mazar-i 
Sharif and assaulted the guards on staff. Fighting between commanders 
loyal to General Dostum's Jumbesh party and Jamiat-i Islami's Mohammad 
Atta in Balkh Province forced an international NGO to cease its 
operations in an area to which 3,000 internally displaced persons (IDP) 
families had returned. The NGO's departure closed the only local health 
clinic. In Samangan and Jowzjan Provinces, local NGOs reported constant 
threats and intimidation from local authorities. In Aybak district, 
commander Almas told NGO staff managing distribution of IDP return 
assistance cards that unless a substantial number of cards were given 
to his men, he would halt all IDP returns going through his area. In 
Kaldar district, 400 workers from an international NGO project were 
taken hostage as part of a forced recruitment drive conducted by a 
local commander.
    In April armed men killed a senior professional staff member of the 
U.N. Food and Agricultural Organization (FAO) in his home. At year's 
end, the alleged killer remained at large. In May fighters affiliated 
with General Dostum's Jumbesh party attacked IDPs, including the rape 
of females at a camp in Balkh after young men in the IDP families 
resisted conscription (see Section 1.f.). Armed men in police uniforms 
in Mazar-i Sharif forced their way into the home of a senior U.N. 
national staff member and took $5,000, after claiming that they were 
searching for women in the house. Sporadic fighting and lawlessness 
remained a hindrance to assistance efforts in the north through the 
second half of the year.
    During most of the year, continued internal conflict resulted in 
instances of the use of excessive force that caused the deaths of 
civilians, property damage, and the displacement of residents. For 
example, in November Ismail Khan reportedly ordered an attack on a 
village near Shindand that precipitated an exchange of rocket fire with 
rival Pashtun commander Amanullah Khan, killing at least seven persons 
including four children. During November and December, Ismail Khan and 
Amanullah Khan continued to fight, resulting in civilian casualties.
    In general independent investigations of alleged killings were 
hindered by the unwillingness of local authorities to allow 
investigators to visit the areas in question. The Council of the North 
(General Dostum, Mohammad Atta, and Mohammad Saidi) issued a statement 
on August 28 denying the allegation and declaring that it was ready to 
cooperate with an investigation of the mass gravesite at Dasht-i Leili 
by professional and technical specialists drawn from the U.N. and 
coalition countries. However, local authorities suggested that there 
was no guarantee of security for investigators. By year's end, no 
investigation had taken place.
    On November 25, Northern Alliance forces reportedly killed at least 
120 prisoners at the Qala-i Jangi Fort, allegedly during the 
suppression of a riot. In November 2001, Northern Alliance forces 
reportedly killed 100 to 300 Taliban fighters in Mazar-i Sharif; there 
were conflicting reports as to whether some of the Taliban forces 
attempted to surrender before they were shelled.
    In November 2001, following a prison revolt, different sources 
estimated that 200 to 1000 Taliban prisoners died while in the custody 
of General Abdul Rashid Dostum's forces while being transported in 
sealed containers from Mazar-i Sharif to Shiberghan prison. According 
to some accounts, Dostum's troops prevented drivers from making air 
holes in the containers or from offering water to the prisoners. In 
February and April, Physicians for Human Rights (PHR) and U.N. experts 
examined Dasht-i Leili, an area west of Shiberghan, allegedly 
containing the bodies of Taliban prisoners. U.N. experts found evidence 
of summary executions and death by suffocation.
    The U.N. estimated that there were 5 to 7 million landmines and 
more than 750,000 pieces of unexploded ordnance throughout the country, 
planted mainly during the Soviet occupation. However, some NGOs 
estimated that there may be fewer than 1 million mines. There have been 
claims that 162 of 356 districts were mine-affected. The most heavily 
mined areas were the provinces bordering Iran and Pakistan. The 
landmines and unexploded ordnance caused deaths and injuries, 
restricted areas available for cultivation, and impeded the return of 
refugees to mine-affected regions. From 1995 to 1997, new mines were 
believed to have been laid over 90 square miles of land, reportedly 
mostly by the Northern Alliance in the western provinces of Badghis and 
Faryab. Additional newly-mined areas were reported but not confirmed in 
2000 and, during the year in the conflict areas north of Kabul. The 
Northern Alliance reportedly laid these mines in response to the 
Taliban's summer 2000 offensive.
    An estimated 400,000 persons have been killed or wounded by 
landmines. Casualties caused by landmines and unexploded ordnance were 
estimated at 10 to 12 per day. In some parts of the country, including 
in Herat and Kandahar, almost 90 percent of households were affected by 
the presence of landmines. An estimated 96 percent of civilian mine and 
unexploded ordnance casualties were male. Approximately 53 percent of 
mine and unexploded ordnance casualties occurred in the 18 to 40 age 
group, while 34 percent of the casualties involved children, according 
to the U.N. Mine Action Center. Landmines and unexploded ordnance 
resulted in death in approximately 30 percent of cases and in serious 
injuries and disability, including amputation and blindness, in 
approximately 20 percent of cases.
    With funding from international donors, the U.N. organized and 
trained mine detection and clearance teams, which operated throughout 
the country. Nearly all areas that have been cleared were in productive 
use, and more than 1.5 million refugees and IDPs returned to areas 
cleared of mines and unexploded ordnance. Nonetheless, the mines and 
unexploded ordnance were expected to pose a threat for many years. 
Clearance rates and safety increased for clearance teams assisted by 
dogs. U.N. agencies and NGOs had instituted a number of educational 
programs and mine awareness campaigns for women and children in various 
parts of the country. Many were curtailed as a result of Taliban 
restrictions on women and girls but have been reinvigorated since the 
fall of the Taliban. Continued warfare, as well as prolonged and severe 
drought, also resulted in massive, forced displacement of civilians.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The 1964 Constitution somewhat 
provided for freedom of speech and of the press; however, some senior 
officials attempted to intimidate journalists and influence their 
reporting. The draft press law contained articles that curtail press 
freedom, specifically information that ``offends Islam'' or ``weakens 
Afghanistan's army.'' All information must follow Shari'a law, and a 
publication could be suspended when the article on forbidden content 
was violated, although there were no reports of that during the year. 
There were approximately 150 regular publications. The State owned at 
least 35 of these publications and almost all of the electronic news 
media. All other newspapers were published only sporadically and for 
the most part were affiliated with different provincial authorities. 
Some government officials through political party ties maintained their 
own communications facilities. Kabul and other major provincial cities 
had limited television broadcasts.
    During the year, the Government maintained departments that were 
pre-disposed to crack down on journalists. For example, the security 
service (Amniat-i Milli) did not disband a section that was tasked with 
surveillance of the news media.
    Government and factional control of television, radio, and most 
publications throughout the country effectively limited freedom of the 
press. During the year, the central government maintained a predominant 
role in the news media, and criticism of the authorities was rare. 
While some independent journalists and writers published magazines and 
newsletters, according to Reporters Without Borders (RWB), circulation 
largely was confined to Kabul and many were self-censored. In practice 
many persons listened to the dozen international stations that 
broadcast in Dari or Pashto. The BBC, Voice of America, Radio Liberty, 
and Radio Free Afghanistan were available throughout the country. In 
the countryside, local radio and television stations were under the 
control of the local authorities.
    Journalists were subjected to harassment, intimidation, and 
violence during the year. For example, HRW reported that security 
officials in Herat detained and mistreated a local journalist, Rafiq 
Shaheer, to prevent him from covering the local Loya Jirga selection 
process. Herat authorities, according to HRW, also pressured 
journalists to avoid filing stories critical of Ismail Khan and his 
government. In August Herat officials reportedly prevented journalists 
from covering Ismail Khan's military operations against Pashtun forces 
in the Ghorian and Shindand districts. However, at year's end, there 
were reports that outside newspapers, including the Kabul Weekly, 
``Ebtekar,'' and ``Takhassos,'' were circulating with greater frequency 
and in greater quantities than in earlier times.
    According to RWB, reporters were the target of threats and 
intimidation from militants during the year. For example, one of Radio 
Solh station's directors, Zakia Zaki, was threatened with death at the 
time of the station's installation in Jebel-i Sharat. In March 
unidentified assailants in Gardez injured Toronto Star reporter 
Kathleen Kenna when a bomb was thrown into her car. Also in March, 
anonymous leaflets were circulating in the eastern part of the country 
calling for the abduction of foreign reporters. In October unidentified 
persons kidnaped and beat a cameraman after he helped a British 
journalist make a documentary that reported the death of thousands of 
Taliban fighters at the hands of General Dostom (see Section 4).
    A number of journalists were killed during the intensified fighting 
late in 2001. In November 2001, in Nangarhar Province, armed men forced 
four journalists, Harry Burton, Maria Grazia Cutuli, Julio Fuentes, and 
Azizullah Haidari, out of their convoy of vehicles and executed them. 
On February 9, an Interior Ministry official announced the arrest of 
two suspects in the killing; however, by year's end, no confirmation of 
those arrests had taken place.
    There were a few reports that government forces prohibited music, 
movies, and television on religious grounds. For example, in August the 
head of Kabul Radio and TV Engineer Eshaq, who was affiliated with 
Jamiat-i Islami, briefly banned the appearance of women singers on 
television (see Section 5). However, unlike in previous years, 
televisions, radios, and other electronic goods were sold freely, and 
music was played widely.
    The Government did not restrict academic freedom.

    b. Freedom of Peaceful Assembly and Association.--The 1964 
Constitution states that citizens have the right to assemble without 
prior permission and to form political parties; however, tenuous 
security and likely opposition from local authorities seriously 
inhibited freedom of assembly and association outside of Kabul during 
most of the year. In Kabul a spectrum of organizations and political 
parties operated. Citizens staged two civil society forums in Kabul 
with the assistance of the NGO Swisspeace. Progressive political 
parties and movements were able to meet without interference in Kabul.
    In September an International Conference on Media and Law took 
place in Kabul. Approximately 300 citizens attended along with a number 
of international observers. The conference included Afghan officials 
who made themselves available during panel discussions for a wide-
ranging set of questions from the conference participants. In November 
a group of journalists in Balkh Province reportedly formed an 
``independent writer's club.''
    The Government used harassment and excessive force against 
demonstrators during the year. For example, in November, Interior 
Ministry forces fired on Kabul University students protesting poor 
living conditions at the school and killed two demonstrators.
    The Government allows for freedom of association; however, there 
were reports of harassment by officials during the year. In Herat HRW 
reported that Ismail Khan's officials harassed and interfered with the 
Professionals' Shura, the Herat Literary Society, and the Women's 
Shura. In September forces loyal to Ismail Khan prevented the 
Professionals' Shura from holding a seminar on the new currency. 
Authorities pressured the literary society to avoid the subject of 
women's rights. Ismail Khan's handpicked leadership for the Women's 
Shura reportedly criticized Shura members who openly disagreed with 
Khan's views on women's rights.
    At year's end, NGOs and international organizations continued to 
report that local commanders were charging them for the relief supplies 
they were bringing into the country (see Sections 1.g. and 4).

    c. Freedom of Religion.--The 1964 Constitution, in effect under the 
Bonn Agreement, states that Islam is the ``sacred religion of 
Afghanistan'' and states that religious rites of the state shall be 
performed according to the Hanafi doctrine. The Constitution also 
states that ``non-Muslim citizens shall be free to perform their 
rituals within the limits determined by laws for public decency and 
public peace.'' The central government began to pursue a policy of 
religious tolerance during the year; however, custom and law required 
affiliation with some religion, and atheism was considered apostasy and 
was punishable by death.
    Reliable sources estimated that 85 percent of the population were 
Sunni Muslim, and most of the remaining 15 percent were Shi'a. Shi'a, 
including the predominately Shi'a Hazara ethnic group, were among the 
most economically disadvantaged persons in the country. Relations 
between the different branches of Islam in the country were difficult. 
Historically, the minority Shi'a faced discrimination from the majority 
Sunni population. The Shi'a minority advocated a national government 
that would give them equal rights as citizens. There also were small 
numbers of Ismailis living in the central and northern parts of the 
country. Ismailis were Shi'a but consider the Aga Khan their spiritual 
leader.
    Licensing and registration of religious groups do not appear to be 
required by the authorities in any part of the country. The small 
number of non-Muslim residents remaining in the country may practice 
their faith but may not proselytize.
    Following the Emergency Loya Jirga in June, Dr. Sima Samar, the 
former Minister for Women's Affairs was charged with blasphemy for 
allegedly insulting Islam (see Section 5).
    The parts of the country's educational system that survived more 
than 20 years of war placed considerable emphasis on religion. However, 
since the fall of the Taliban, public school curriculums have included 
religious subjects, but detailed religious study was conducted under 
the guidance of religious leaders. There is no restriction on parental 
religious teaching.
    Before the October 2001 collapse of the Taliban, repression by the 
Taliban of the Hazara ethnic group, which is predominantly Shi'a 
Muslim, was particularly severe. Although the conflict between the 
Hazaras and the Taliban was political and military as well as 
religious, and it was not possible to state with certainty that the 
Taliban engaged in its campaign against the Hazaras solely because of 
their religious beliefs, the religious affiliation of the Hazaras 
apparently was a significant factor leading to their repression.
    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 men; however in practice their ability to travel within the 
country was hampered by sporadic fighting, brigandage, landmines, a 
road network in a state of disrepair, and limited domestic air service. 
Despite these obstacles, many men continued to travel relatively 
freely, with buses using routes in most parts of the country. The law 
also provides that women are required to obtain permission from a male 
family member before having an application for a passport processed 
(see Section. Women were forbidden to leave the home except in the 
company of a male relative. U.N. Security Council sanctions imposed 
because of the Taliban's links to international terrorism were lifted, 
and the Afghan airline Ariana's landing rights at non-foreign airports 
were reinstated. Ariana commenced international flights in September.
    Commercial trade was impeded as local commanders and criminals 
continued to demand road tolls and at times close roads.
    Afghan refugees returned home in record numbers during the year. 
Most of the 2 million returnees availed themselves of UNHCR's 
assistance, while a smaller number returned spontaneously. UNHCR 
estimates that more than 3 million Afghan refugees remained in 
Pakistan, Iran, and other neighboring countries at year's end. Iran and 
Pakistan forcibly repatriated approximately 38,500 refugees during the 
year. There were approximately 700,000 displaced persons. Women and 
children constituted 75 percent of the refugee population. The majority 
of refugee returnees have settled in urban areas, which placed 
additional strain on the cities' already overburdened infrastructures. 
There were further population movements from rural to urban areas due 
to drought, insecurity, and inadequate assistance in rural areas. 
Sporadic fighting and related security concerns, as well as the 
drought, discouraged some refugees from returning.
    According to HRW, since the collapse of the Taliban regime in the 
northern part of the country, ethnic Pashtuns throughout the country 
have faced widespread abuses including killings, sexual violence, 
beatings, and extortion. Pashtuns reportedly were targeted because 
their ethnic group was closely associated with the Taliban regime. 
According to U.N. estimates, approximately 60,000 Pashtuns became 
displaced because of the violence. In late February, the UNHCR issued 
public reports that contained allegations by ethnic Pashtuns entering 
Pakistan that they were fleeing human rights abuses in the northern 
section of the country. The AIA's interlocutor on assistance issues 
established a commission to look into human rights problems faced by 
the Pashtuns in the north.
    In October 2001, the Government of Iran set up two camps for Afghan 
IDPs who were attempting to flee to Iran from territory that was then 
controlled by the Taliban. The camps sheltered more than 10,000 
refugees at year's end.
    There was no available information on policies regarding refugees, 
asylum, provision of first asylum, or the forced return of refugees.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    On December 5, 2001, a U.N.-sponsored Afghan peace conference in 
Bonn, Germany, approved a broad agreement for the establishment of 
transitional mechanisms, including a 6-month AIA to govern the country. 
There was a peaceful transfer of power from the AIA to the TISA during 
the June Emergency Loya Jirga. The Government allowed citizens the 
right to change their government through Loya Jirga elections that were 
deemed free and fair; however, there were some reports of intimidation 
and interference in the Loya Jirga process. President Karzai selected a 
cabinet of 5 vice presidents and 29 ministers. The Loya Jirga deferred 
a decision on the creation of a national legislature. Under the Bonn 
Agreement, elections will be held in June 2004.
    Some violence marred the selection of Loya Jirga delegates in the 
provinces. In the Herat area, according to HRW, local authorities used 
arrests and violence to intimidate candidates in the Loya Jirga 
selection process who were not supporters of Ismail Khan, including 
Pashtuns, some women, and those associated with former king Zahir Shah. 
In late May, Ismail Khan's security forces arrested Mohammad Rafiq 
Shahir, head of Herat's Professionals' Shura, a civic group of 
intellectuals, lawyers, doctors, and teachers. Herat authorities 
reportedly warned Shahir not to participate in the Loya Jirga process.
    There also were widespread reports of bribery throughout the 
country during the Loya Jirga selection process. A number of Loya Jirga 
delegates reported receiving threats after speaking out against the 
participation of warlords in the gathering. Other delegates, according 
to HRW, expressed alarm at the intrusive presence of agents from the 
Government's intelligence service.
    Citizens had the opportunity to question senior leaders during the 
Loya Jirga. Inside and outside the Loya Jirga, political workers handed 
out posters and literature. Men and women were able to engage in 
discussions freely. U.N. observers estimated that 1,200 out of the 
1,500 elected delegates turned out to witness the proceedings. Unlike 
in previous years, the Government encouraged the leaders of all ethnic 
minorities to engage in meaningful political dialog with opponents.

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 of these were 
based in neighboring countries, mostly Pakistan, with branches inside 
the country; others were based in the country. The focus of their 
activities was primarily humanitarian assistance, rehabilitation, 
health, education, and agriculture. However, the lack of security and 
instability in the north and southeast severely reduced NGO activities 
in these areas. During the year, there were continued attacks on aid 
groups, including the gang rape of an international staff member, the 
robberies of two NGO offices, and the firing on NGO vehicles (see 
Section 1.g.). For example, on March 1, the World Food Program reported 
that it had been forced to temporarily suspend its food distribution in 
the north after fighting between unnamed parties made the area too 
dangerous for operations to continue.
    Several international NGOs, including the International Human 
Rights Law Group (IHRLG) and HRW, were run by local employees who 
monitored the situation inside the country. IHRLG ran a series of legal 
education seminars for local attorneys.
    In August, as mandated by the Bonn Agreement, an independent Afghan 
Human Rights Commission was formed. During the year, the Commission 
showed signs of independence from government control. By year's end, 
the Commission collected over 500 complaints or requests for assistance 
on human rights abuses. However, lack of financial resources and 
personnel confined the Commission's activities largely to Kabul.
    In October the U.N. Special Rapporteur for Extra-Judicial, 
Arbitrary, or Summary Executions and the U.N. Special Rapporteur for 
Human Rights visited cities throughout the country.
    In January and February, PHR conducted a survey of possible mass 
gravesites in the north, including Dasht-i Leili, where Taliban 
fighters who died in the custody of General Dostum's Jumbesh forces 
were allegedly buried. In April a U.N. team conducted a follow up visit 
to the Dasht-i Leili site and exhumed approximately 15 bodies. While 
General Dostum and other northern leaders issued public statements 
offering to cooperate with an investigation, northern authorities also 
indicated in the late summer and early fall that they could not provide 
security to investigators (see Section 1.g.).
    Security conditions and instability in the north and southeast 
impeded NGO assistance activities. During the year, there were reports 
that commanders in the north were ``taxing'' humanitarian assistance, 
harassing NGO workers, obstructing aid convoys, and otherwise hindering 
the movement of humanitarian aid (see Sections 1.g. and 2.b.).

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The 1964 Constitution, in effect under the Bonn Agreement, states 
that ``The people of Afghanistan, without any discrimination or 
preference, have equal rights and obligations under the law.'' However, 
statutory law has not been modified to be consistent with anti-
discrimination principles. At year's end, local custom and practices 
generally prevailed in much of the country. Discrimination against 
women was widespread. However, its severity, varied from area to area, 
depending on the local leadership's attitude toward education for girls 
and employment for women and on local attitudes. Historically the 
minority Shi'a faced discrimination from the majority Sunni population. 
There was greater acceptance of persons with disabilities as the number 
of persons maimed by landmines and warfare increased and as the 
presence of persons with disabilities became more widespread.

    Women.--Following the Taliban's fall from power, the arrival of the 
AIA, and easing of restrictions on women, the international community 
noted some improvements in the status of women; however, serious 
problems remained. HRW reported that advances in women's and girls' 
rights were tempered by growing government repression of social and 
political life. In December President Karzai decreed that women have 
the right to choose whether to wear the burqa. The central government 
named several women to cabinet positions and other areas of 
responsibility. Women in a number of places regained some measure of 
access to public life, health care, and employment; however, lack of 
education and limited employment possibilities continued to impede the 
ability of many women to improve their situation.
    As lawlessness and sporadic fighting continued in areas outside 
Kabul, violence against women persisted, including beatings, rapes, 
forced marriages, and kidnapings. Such incidents generally went 
unreported, and most information was anecdotal. It was difficult to 
document rapes, in particular, in view of the social stigma that 
surrounds rape. Information on domestic violence and marital rape was 
limited. In a climate of secrecy and impunity, it was likely that 
domestic violence against women remained a serious problem.
    Women actively participated in the Loya Jirga (see Section 3). 
Women were able to question leaders openly and discussed inter-gender 
issues during the Loya Jirga. Dr. Masouda Jalal, a woman, stood as a 
candidate for the presidency. However, some security officials 
attempted to intimidate female participants. For example, Defense 
Minister Fahim directly ordered a security official to desist when one 
guard tried to silence a woman questioner. During the Loya Jirga, AIA 
Minister for Women's Affairs Sima Samar received death threats for 
allegedly insulting Islam. Samar charged that fundamentalists who 
objected to her outspoken manner trumped up the allegation. The 
controversy did not end publicly until Supreme Court Chief Justice Fazl 
Shinwari exonerated her of the charge (see Section 2.c.).
    Throughout the country, approximately 100 women were held in 
detention facilities. Many were imprisoned at the request of a family 
member. Some of those incarcerated opposed the wishes of the family in 
the choice of a marriage partner. Others had committed adultery. Some 
faced bigamy charges from husbands who granted a divorce only to change 
their minds when the divorced wife remarried. Other women faced similar 
charges from husbands who had deserted them and reappeared after the 
wife had remarried. In early November, President Karzai released 20 
women in Kabul in an amnesty associated with Ramadan. However, Kabul's 
Police Chief Basir Salangi stated that the police would continue to 
arrest women if their husband or family brought a complaint to the 
authorities.
    The law also provides that women are required to obtain permission 
from a male family member before having an application for a passport 
processed.
    Women in the north, particularly from Pashtun families, were the 
targets of sexual violence throughout the year. According to HRW, 
Uzbek, Tajik, and Hazara commanders perpetrated many of the attacks. 
Local commanders, particularly in the north, used rape as a tool of 
intimidation against the international and local NGO community (see 
Section 2.c.).
    There also were reports that minority women sometimes were 
subjected to forced marriage, which sometimes resulted in self-
immolations. Although statistics were not available, hospital doctors 
reported that these self-immolations were increasingly common among 
young women in the western part of the country. For example, a 14-year-
old arrived at the hospital in Herat in critical condition with burns 
over most of her body. She had been given in marriage to a 60-year-old 
man with grown children.
    Discrimination against women in some areas was particularly harsh. 
Some local authorities excluded women from all employment outside the 
home, apart from the traditional work of women in agriculture; women 
were forbidden to leave the home except in the company of a male 
relative (see Section 2.d.). In November the Government revived the 
activities of the Department of Vice and Virtue, particularly in Kabul 
and Herat. During the year, that department changed its name to the 
Department of Accountability and Religious Affairs and planned to 
advocate only that women wear a headscarf in public. However, in 
December HRW alleged that women who were caught talking with men on the 
streets of Herat risked being seized by special moral police, taken to 
a hospital, and forced to undergo an exam to determine if they had sex. 
By year's end, these allegations had not been further substantiated.
    According to NGOs, in Herat, the authorities in the spring and 
summer called in female NGO workers to instruct them to dress and 
behave ``properly.'' There were no further reports of such meetings 
during the year; however, local authorities reportedly continued to 
exert strong pressure on women to conduct and dress themselves in 
accordance with a conservative interpretation of Islam and local 
customs. In November Judge Marzeya Basil was reportedly dismissed from 
her position in Kabul after local television broadcast pictures of her 
shaking hands with male foreign heads of state and not wearing a 
headscarf. The local broadcast of the visit also generated complaints 
from the public about women in the group appearing without headscarves. 
Court authorities in Kabul claimed that Basil was dismissed because she 
had been absent for more than 20 days from her position without 
permission.
    In previous years, Taliban actions significantly reduced women's 
access to health care by excluding women from treatment by male 
physicians in most hospitals. During the year, some women continued to 
be denied access to adequate medical facilities. According to 
Management Sciences for Health, nearly 40 percent of the 756 basic 
primary-health facilities had no female workers, a major deterrent for 
women because societal barriers discouraged them from seeking care from 
male heath workers. Life expectancy rates were estimated at 45 years 
for women and 46 years for men. Researchers found an average of 1,600 
maternal deaths per 100,000 live births. In the same health survey, it 
was determined that only 10 percent of the country's hospitals had 
equipment to perform cesarean sections. In most regions, there was less 
than 1 physician per 10,000 persons. Health services reached only 29 
percent of the population and only 17 percent of the rural population.
    Since the fall of the Taliban, there were some improvements in the 
status of women, especially in the area of education. Unlike in 
previous years, girls were allowed to return to school and university; 
however, the lack of teachers, materials, and security concerns 
remained deterrents to girls' education. At year's end, education 
official in Herat Province reported that 97,906 girls enrolled in 
school during the year. According to the U.N., 500 of the 3,000 persons 
who took university entrance examinations were women.
    Approximately 85 percent of women were illiterate and in rural 
areas, illiteracy rates among women often were nearly 100 percent.
    Unlike in previous years, women in most areas were permitted to 
drive. In September an NGO that trains and counsels women in war-torn 
countries offered a driving school for women.

    Children.--Local administrative bodies and international assistance 
organizations took action to ensure children's welfare to the extent 
possible; however, the situation of children was very poor. 
Approximately 45 percent of the population was made up of children age 
14 or under. The infant mortality rate was 250 out of 1,000 births; 
Medecins Sans Frontieres reported in 2000 that 250,000 children per 
year die of malnutrition. One-quarter of children die before the age of 
5. These figures most likely have increased due to another year of 
drought, intensified fighting, and massive displacement. A Management 
Sciences for Health study also found that only about one-fourth of all 
health facilities offer basic services for children, including 
immunization, antenatal care, postpartum care, and treatment of 
childhood diseases. An UNICEF study also reported that the majority of 
children were highly traumatized and expected to die before reaching 
adulthood. According to the study, some 90 percent have nightmares and 
suffer from acute anxiety, while 70 percent have seen acts of violence, 
including the killing of parents or relatives.
    While girls throughout the country were able to attend school, the 
U.N. reported that in some areas a climate of insecurity persisted. In 
the spring, anonymous leaflets distributed at schools in the Kandahar 
area urged citizens not to cooperate with foreigners. On September 25, 
a girls' school near the northern town of Sar-i Pul was set on fire. In 
mid-September a small device reportedly detonated under a chair in a 
changing room in a coeducational primary school in Kandahar, causing 
minor injuries to a teacher. On October 25, in Wardak Province, unknown 
assailants fired rockets at the De Afghanan School. The school was 
badly damaged; however, no one was injured in the attack. A leaflet was 
left near the school denouncing the influence of foreigners on women 
and girls.
    There were credible reports that both the Taliban and the Northern 
Alliance used child soldiers. Northern Alliance officials publicly 
stated that their soldiers must be at least 18 years of age, but press 
sources reported that preteen soldiers were used in Northern Alliance 
forces.

    Persons with Disabilities.--The Government took no measures to 
protect the rights of persons with mental and physical disabilities or 
to mandate accessibility for them. In December hundreds of persons with 
disabilities protested against the State, claiming that the State was 
not doing enough to care for them. In addition, they demanded the 
resignation of the Minister of the Disabled, Abdullah Wardak, and 
accused him of not disbursing foreign aid meant for them. There 
reportedly has been increased public acceptance of persons with 
disabilities because of their increasing prevalence due to landmines or 
other war-related injuries. An estimated 800,000 persons suffered from 
disabilities requiring at least some form of assistance. Although 
community-based health and rehabilitation committees provided services 
to approximately 100,000 persons, their activities were restricted to 
60 out of 330 districts, and they were able to assist only a small 
number of those in need.

Section 6. Worker Rights

    a. The Right of Association.--The Bonn Agreement revived the 1964 
Constitution's broad provisions for protection of workers and a mixture 
of labor laws from earlier periods; however, little is known about 
labor laws, their enforcement, or practices. Labor rights were not 
defined beyond the Ministry of Labor, and in the context of the 
breakdown of governmental authority there was no effective central 
authority to enforce them. The only large employers in Kabul were the 
Governmental structure of minimally functioning ministries and local 
and international NGOs.

    b. The Right to Organize and Bargain Collectively.--Current law is 
not fully in compliance with internationally recognized workers rights 
to form free trade unions. The country lacks a tradition of genuine 
labor-management bargaining. There were no known labor courts or other 
mechanisms for resolving labor disputes. Wages were determined by 
market forces, or, in the case of government workers, dictated by the 
Government.
    There were no reports of labor rallies or strikes.
    There were no export processing zones.

    c. Prohibition of Forced or Bonded Labor.--The 1964 Constitution 
prohibits forced or bonded labor, including by children; however, 
little information was available regarding forced or compulsory labor.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--According to labor laws, children under the age of 15 were 
not allowed to work more than 30 hours per week. However, there was no 
evidence that authorities in any part of the country enforced labor 
laws relating to the employment of children. Children from the age of 6 
often worked to help support their families by herding animals in rural 
areas and by collecting paper and firewood, shining shoes, begging, or 
collecting scrap metal among street debris in the cities. Some of these 
practices exposed children to the danger of landmines.
    The Government was not a party to the ILO Convention 182 on Child 
Labor. However, according to the Ministry of Labor and Social Affairs, 
the country followed ILO standards regarding child labor.

    e. Acceptable Conditions of Work.--According to labor laws, the 
average workweek for laborers was 40 hours. However, there was no 
available information regarding a statutory minimum wage or maximum 
workweek, or the enforcement of safe labor practices. Many workers 
apparently were allotted time off regularly for prayers and observance 
of religious holidays. Most persons worked in the informal sector.

    f. Trafficking in Persons.--There was no legislation prohibiting 
trafficking in persons. A July U.N. report on Women and Human Rights 
reported increasing anecdotal evidence of trafficking in Afghan girls 
to Pakistan, Iran, and the Gulf States. Some girls reportedly were kept 
in brothels used by Afghans. The whereabouts of many of the girls, some 
as young as 10, reportedly kidnaped and trafficked by the Taliban 
remained unknown.
    The U.N. July report also noted that many poor families were 
promising young girls in marriage to satisfy family debts.
    There were a number of reports that children, particularly from the 
south and southeast, were trafficked to Pakistan to work in factories.
                               __________

                               BANGLADESH

    Bangladesh is a parliamentary democracy, with broad powers 
exercised by the Prime Minister (PM). PM Khaleda Zia, leader of the 
Bangladesh Nationalist Party (BNP), came to power in elections on 
October 1, 2001, deemed to be free and fair by international and 
domestic observers. The BNP formed a four-party alliance government 
with Jamaat-e-Islami, Bangladesh Jatiya Party (BJP), and Islami Oikko 
Jote (IOJ). Political competition is vigorous, and violence is a 
pervasive feature of politics, including political campaigns. The 
October 2001 elections, supervised by a non-party Caretaker government 
(CG), took place in a climate of sporadic violence and isolated 
irregularities. All of the major parties boycotted Parliament while in 
the opposition, claiming that they had little opportunity to engage in 
real debate on legislative and national issues. The higher levels of 
the judiciary displayed a significant degree of independence and often 
ruled against the Government; however, lower judicial officers were 
reluctant to challenge government decisions and suffered from 
corruption. The Official Secrets Act of 1923 can protect corrupt 
government officials from public scrutiny, hindering the transparency 
and accountability of the Government at all levels.
    The Home Affairs Ministry controlled the police and paramilitary 
forces, which had primary responsibility for internal security. Police 
were often reluctant to pursue investigations against persons 
affiliated with the ruling party, and the Government frequently used 
the police for political purposes. There was widespread police 
corruption and lack of discipline. Security forces committed numerous 
serious human rights abuses and were rarely disciplined, even for the 
most egregious actions.
    Annual per capita income among the population of approximately 
131.2 million was approximately $375. The economy is market-based, but 
the Government owned most utilities, many transport companies, and 
large manufacturing and distribution firms. A small elite controlled 
much of the private economy, but there was an emerging middle class. 
Foreign investment was concentrated in the gas sector and in electrical 
power generation facilities. Earnings from exports fell by 8 percent, 
but remittances from workers overseas increased. Foreign aid remained 
an important source of national income. Efforts to improve governance 
through reform have been unsuccessful, often blocked by bureaucratic 
intransigence, vested economic interests, endemic corruption, and 
political polarization.
    The Government's commitment to economic reform was piecemeal, 
although it has taken some difficult decisions, including closing 
money-losing state-owned enterprises.
    The Government's human rights record remained poor and it continued 
to commit numerous serious human rights abuses. Security forces 
committed a number of extrajudicial killings, and deaths in custody 
more than doubled from 2001. Both major political parties often 
employed violence, causing deaths and numerous injuries. According to 
press reports, vigilante justice resulted in numerous killings. Police 
routinely used torture, beatings, and other forms of abuse while 
interrogating suspects and frequently beat demonstrators. The 
Government rarely punished persons responsible for torture or unlawful 
deaths. Prison conditions were extremely poor.
    The Government continued to arrest and detain persons arbitrarily, 
and to use the Special Powers Act (SPA) and Section 54 of the Code of 
Criminal Procedure, which allowed for warrantless arrest and preventive 
detention. The Government replaced the Public Safety Act (PSA), which 
lacked bail provisions, with the Speedy Trial Act (STA), which provided 
for quicker disposal of cases and bail. The lower judiciary was subject 
to executive influence and suffered from corruption. A large judicial 
case backlog existed and lengthy pretrial detention was a problem. 
Police searched homes without warrants, and the Government forcibly 
relocated illegal squatter settlements. Virtually all journalists 
practiced some self-censorship. Attacks on journalists and efforts to 
intimidate them by government officials, political party activists, and 
others increased. The Government limited freedom of assembly, 
particularly for political opponents, and on occasion, limited freedom 
of movement. The Government generally permitted a wide variety of human 
rights groups to conduct their activities, but it brought a number of 
nongovernmental organizations (NGOs) under intense scrutiny. Violence 
and discrimination against women remained serious problems. Abuse of 
children and child prostitution were problems. Societal discrimination 
against persons with disabilities, indigenous people, and religious 
minorities was a problem. The Government limited worker rights, 
especially in the Export Processing Zones (EPZs), and was ineffective 
in enforcing those workers' rights in place. Some domestic servants, 
including many children, worked in conditions that resembled servitude 
and many suffered abuse. Child labor and abuse of child workers 
remained widespread and were serious problems. Trafficking in women and 
children for the purpose of prostitution and at times for forced labor 
remained serious problems. Bangladesh 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 extrajudicial killings. The police; the 
paramilitary organization, Bangladesh Rifles (BDR); the auxiliary 
organization, Ansar; and the army used unwarranted lethal force.
    According to one human rights organization, 83 persons died as a 
result of the use of lethal force by the police and other security 
forces during the year. Fifteen of those deaths occurred during the 
army-led anti-crime drive ``Operation Clean Heart'' that began on 
October 16. An additional 148 deaths occurred in custody, 31 of those 
following arrest and interrogation by the army during Operation Clean 
Heart. Government statements regarding these deaths at first asserted 
that the deceased had died of heart attacks or of drowning while trying 
to escape. However, on November 18 the Government's Principal 
Information Officer stated that there had been no deaths in army 
custody (as of that date the death toll was 36) and on November 24 he 
alleged that some newspaper reports on deaths related to Operation 
Clean Heart were baseless.
    Jamaluddin Fakir, an Awami League (AL) student activist, died on 
April 19 as a result of police torture at the Kapsasia police station 
in the Gazipur district. Human rights organizations concluded that 
Fakir's death was a result of torture while in police custody. The 
Government suspended two police officers and investigated the incident. 
Fakir's mother filed murder charges with a local court after the police 
station refused to register the case.
    On May 9, the Detective Branch (DB) police in Narayanganj arrested 
four persons, including Badal, suspected in a rape and murder incident. 
According to Badal's mother, police tortured her son. On May 17, Badal 
became critically ill and died. A fellow detainee reported that the 
police blindfolded detainees and tortured them. He said Badal faced the 
most severe torture, including possibly electric shocks. Police denied 
having tortured Badal. Badal's mother filed a murder case against the 
police but withdrew it under threats and pressure.
    In early June, BDR personnel killed Mohammed Sohel during an 
anticrime drive in Dhaka. The BDR claimed that Sohel had died from 
falling off a roof; others disputed that claim. Human rights 
organizations asserted that Sohel died from torture.
    On October 28, according to a newspaper report, army personnel 
assaulted Abul Hossain Litu at his poultry farm. According to Litu's 
wife, army personnel claimed that Litu was a member of the criminal 
group ``Seven Star.'' When he did not produce firearms as they 
demanded, they tortured him until he died. After Litu's wife filed 
murder charges against Major Kabir and his troops, a lower court 
ordered the police to investigate the charges.
    On November 8, army personnel arrested Abu Sufain, a BNP activist, 
during Operation Clean Heart. According to newspaper reports, Sufain 
became ill during interrogation on November 9 and died. An inquest 
report was prepared and an autopsy was performed. Newspapers reported 
that the inquest report made mention of signs of injury on Sufain's 
legs and hands. Investigation by a human rights NGO revealed that Abu 
Sufain died due to torture by army personnel.
    In February 2001, after the High Court ruled that all ``fatwas'' 
(expert opinions on Islamic law) were illegal (see Section 2.c.), NGOs 
organized a rally in Dhaka to applaud the ruling. Some Islamic groups 
blocked roads into the city and tried to disrupt the rally. In the 
ensuing violence, a policeman was killed. Police arrested leaders of 
the IOJ a member of the four-party opposition alliance in connection 
with the killing. In Brahmanbaria some Muslim leaders called a 
``hartal'' (general strikes which were often used by opposition parties 
and other groups) to demand the reversal of the High Court verdict and 
the release of the arrested IOJ leaders. Several thousand persons 
marched in a demonstration that became violent. When police and 
paramilitary forces opened fire, they killed 6 persons and injured 25 
others. During the clash, 15 policemen were also injured. After a mob 
attacked the police station in retaliation, the police shot and killed 
three more persons.
    According to one human rights organization, 117 persons died in 
prison and police custody during the year (see Section 1.c.). Moreover, 
an additional 31 deaths occurred after security forces detained 
suspects during the army-led anticrime drive ``Operation Clean Heart.'' 
Most abuses go unpunished, and the resulting climate of impunity 
remained a serious obstacle to ending abuse and killings. However, in 
some instances where there was evidence of police culpability for 
killings, the authorities took action.
    On March 14, a district and sessions court in Natore convicted a 
police subinspector and nine others for the 1994 killing of a youth in 
custody. The court sentenced the police officer to a 10-year prison 
term and the others to life in prison.
    Violence, often resulting in deaths, was a pervasive element in the 
country's politics (see Sections 1.c. and 3). Supporters of different 
political parties, and often supporters of different factions within 
one party, frequently clashed with each other and with police during 
rallies and demonstrations. According to human rights organizations, 
more than 420 persons were killed and nearly 8,741 others were injured 
in politically motivated violence throughout the year. BNP supporters, 
often with the connivance and support of the police, violently 
disrupted opposition party rallies and demonstrations (see Sections 
2.b. and 3). However, there were no reports of deaths from violence 
related to hartals.
    On May 2, the police filed charges against Alhaj Maqbul Hossain, 
former AL M.P. for the Dhanmondi area of Dhaka, Mohammed Sadeq Khan, 
former Dhaka City Commission ward commissioner, and 11 others for the 
1999 murder of Sajal Chowdhury, a BNP activist. On November 23, Khan 
was denied bail and sent to the Dhaka Central Jail. Hossain and another 
accused were out on bail. The remaining 10 accused were still at large 
at year's end.
    Between May and October, four newly elected BNP-backed ward 
commissioners of Dhaka City Corporation were shot and killed by unknown 
assailants. On October 4, police arrested eight persons for their 
alleged involvement in the murders.
    On June 9, Sadequnnahar Sony, a student of Bangladesh University of 
Engineering and Technology (BUET), was killed in the crossfire between 
two factions of the JCD. Sony's death sparked protests from students 
and teachers, ultimately leading to the closure of BUET and the banning 
of student politics on campus. After the university reopened in August, 
student groups protested the ban.
    In June 2001, an explosion during a meeting at an AL office in 
Narayanganj killed 20 and injured over 100 persons. The AL government 
accused 27 persons from the BNP and the Freedom Parties in connection 
with the bombing. Six persons were arrested and subsequently released 
on bail. In May the son of a woman who was killed in the bombing filed 
charges against 58 leaders and activists of the AL and Jatiya Party. 
The accused included local AL leader Khokon Shaha and former AL M.P. 
Shamim Osman. Most of the others accused have secured bail from the 
High Court. The Criminal Investigation Department (CID) was 
investigating the case. In mid-September a commission investigating 
bombings that took place during the previous administration submitted 
its report to the Government. In its report, the commission blamed 
Sheikh Hasina and some of her AL party colleagues for six of the seven 
bomb attacks in the second half of the AL administration (see Section 
2.c.).
    The trial of the July 2000 killing of eight persons, including six 
members of the Bangladesh Chhatra League (BCL) was ongoing.
    In April 2001, the High Court upheld the 1998 convictions of 12 of 
the 15 persons sentenced to death for the 1975 murder of then-President 
Sheikh Mujibur Rahman (father of AL President and former Prime Minister 
Sheikh Hasina) and 21 of his family members. Of the 12 persons 
convicted, 4 were in custody. The 11 others, living outside of the 
country, were convicted in absentia. The appeals process has been 
stalled because three of the seven-member appellate panel of the 
Supreme Court have refused to hear the case and two other judges have 
been recused due to their participation in the hearing at the High 
Court level. The case could progress if the Government would appoint an 
ad hoc judge to the appellate division for the purpose of completing 
this case; however, by the end of the year, this has not happened.
    Four of the eight persons accused of perpetrating the November 1975 
killings in jail of four senior AL leaders remained in prison. Their 
trial began in April 2001. Thirteen others living outside of the 
country were being tried in absentia (see Section 1.e.). Four of the 
eight persons originally imprisoned were released on bail in December 
2001. The case was still being actively pursued through the courts.
    Press reports of vigilante killings by mobs were common. Newspapers 
on numerous occasions reported that mobs had beaten alleged muggers, 
sometimes to death. Press editorials and commentaries commented that 
the increasing mob violence reflected a breakdown of law and order and 
a popular perception that the criminal justice system did not function.
    Violence along the border with India remained a problem. According 
to press accounts and human rights groups, border violence has claimed 
several hundred citizen lives during the last 5 years. Domestic human 
rights NGOs reported that Indian border forces killed as many as 105 
citizens during the year.

    b. Disappearance.--On November 11, police and army personnel 
arrested Mintoo Ghosh and, according to his mother, took him to an 
unknown location. Ghosh's mother had not seen him since then. On 
November 17, she filed a case requesting the officer-in-charge of the 
Sutrapur police station inform her of Ghosh's whereabouts.
    In August 2001, Abu Taher, General Secretary of the AL in Laxmipur, 
and one other suspect were jailed for the alleged abduction in 
September 2000 of Nurul Islam, a BNP official. In August charges were 
filed against 31 persons including Taher, his wife, and two of his sons 
following the jail cell confession of one of the other suspects. The 
suspect who confessed said that he and the others accused disposed of 
Nurul Islam's body in the Meghna River. On October 23, the trial began. 
Taher's wife, her eldest son, and 17 others accused were still at 
large. On December 25, it was announced that the court proceedings were 
likely to be switched to the Divisional Special Trial Tribunal in 
Chittagong.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture and cruel, inhuman, or 
degrading punishment; however, police routinely employed physical and 
psychological torture and other abuse during arrests and 
interrogations. Torture may consist of threats and beatings, and the 
use of electric shock. The Government rarely convicted or punished 
those responsible for torture, and a climate of impunity allowed such 
police abuses to continue.
    On February 28, A.F.M. Bahauddin Nasim, aide to Sheikh Hasina, was 
arrested. Nasim's lawyers claimed Nasim suffered severe torture while 
in police and army custody, including having his hands and feet tied, 
his head covered, and being hung upside down and spun. The police also 
allegedly beat Nasim on various parts of his body with glass bottles 
filled with hot water and administered electric shocks. After meeting 
her husband in prison, Nasim's wife, Dr. Sultana Shamim Chowdhury, told 
reporters that she saw visible signs of torture on his body. Originally 
arrested under Section 54, the Government filed numerous charges 
against Nasim in an effort to keep him jailed as long as possible. On 
December 30, the High Court declared his detention illegal and ordered 
his release (see Section 1.d.).
    On April 4, two policemen allegedly detained A.T. Shamsuzzaman, 
owner of a restaurant in the Mohakhali section of Dhaka and assaulted 
him for his failure to pay extortion. At the Gulshan police station, 
police kicked and beat him with a baton. Shamsuzzaman told human rights 
investigators that the policemen took money from him at his restaurant.
    On July 24, male and female police officers entered a female 
student dormitory at Dhaka University (DU), dragged female students out 
of the dormitories, and beat them. Some of the victims alleged sexual 
harassment by male police officers. The police detained 18 students 
overnight. Thirty students were injured in the raid. A one-member 
judicial commission investigated the incident and found DU 
administrators and police officers responsible for the incident. The 
commission report recommended banning teacher participation in politics 
on campus. On October 13, the inquiry committee formed by DU 
authorities submitted its report October 13 to the university Vice 
Chancellor with nine recommendations, including transfer of all 
officers and employees of the hall and taking action against Zannatul 
Kanon, the individual who filed the charges, for filing cases against 
students. Police and BDR personnel conducted raids at DU dormitories 
several times throughout the year and recovered some weapons. They also 
arrested some students and outsiders on campus.
    On August 21, BNP workers dragged AL leader Chhabi Rani Mondol into 
the BNP office at Rampal in Bagerhat. They beat her with hammers and 
clubs on the face, chest, and forehead. Her attackers allegedly took 
photographs of her nude before throwing her out onto the road. A local 
BNP chapter expelled four of the persons involved in the incident and 
dissolved the Rampal unit of the party. Officials were pursuing a case 
filed by Mondol against 15 persons in the incident. Police arrested 3 
of the 15 accused. The Government suspended and then reassigned a 
police officer for negligence in the case.
    During Operation Clean Heart in October, an individual was arrested 
by the police and taken into custody. Relatives and friends were not 
permitted to see him. While in custody he was blindfolded and taken to 
an unknown location. There he was hung upside down and beaten on his 
hips, buttocks and thighs for an extended amount of time. His 
interrogators accused him of being an agent of the Indian government 
and state enemy and instructed him to leave the country. Interrogators 
also ordered him to urinate into an electrified bucket. He remained 
confined in a very small cell for at least 2 more weeks.
    Rape of female detainees in police or other official custody has 
been a problem in the past. While there were no reports of such rapes 
during the year, it was unclear whether the situation has improved or 
whether rapes continued and were not being reported.
    Police have been known to rape women not in custody, as well. One 
human rights organization documented seven cases of rape and, during 
the first 6 months of the year, six cases of attempted rape by law 
enforcement officials against women not in custody.
    In addition, after women reported that they were raped or involved 
in family disputes, they frequently were detained in ``safe custody'' 
(in reality, confined in jail cells) where they endured poor conditions 
and were sometimes abused and raped (see Section 5). Although the law 
prohibits women in safe custody from being housed with criminals, in 
practice, no separate facilities existed. This year the Government 
began transferring women in safe custody to vagrant homes or NGO-run 
shelters, where available.
    The police often employed excessive, sometimes lethal, force in 
dealing with opposition demonstrators (see Sections 1.a. and 2.b.).
    Police corruption remained a problem, and there were credible 
reports that police facilitated or were involved in trafficking in 
women and children (see Section 6.f.). In July the Law Commission, an 
independent body, recommended amendments to Section 54 to curb police 
abuse. None of the recommendations had been adopted by the end of the 
year. Extortion from businesses and individuals by law enforcement 
personnel and persons with political backing was common, and 
businessmen on several occasions went on strikes to protest the 
extortion.
    Human rights groups and press reports indicated that vigilantism 
against women for perceived moral transgressions occurred in rural 
areas, often under a fatwa (a proclamation from an Islamic leader) (see 
Section 2.c.), and included punishments such as whipping. One human 
rights organization recorded 32 such fatwa cases during the year. In 
these cases, 19 persons were lashed and others faced punishments 
ranging from physical assault to shunning of families by their 
communities.
    Rejected suitors, angry husbands, or those seeking revenge 
sometimes threw acid on a woman's face (see Section 5).
    Prison conditions were extremely poor and were a contributing 
factor in some custodial deaths. One human rights organization reported 
that 148 persons died in custody during the year (see Section 1.a.). 
Most prisons were overcrowded and lacked adequate facilities. 
Government figures indicated that the existing prison population of 
roughly 75,000 was 300 percent of the official prison capacity of 
approximately 25,000. Prison population figures included 2,000 women 
and approximately 1,200 children under the age of 16. Of the entire 
prison population, approximately 25 percent of those detained had been 
convicted and 71 percent were being tried or awaiting trial. In some 
cases, cells were so crowded that prisoners slept in shifts. At the end 
of the year the Dhaka Central Jail (DCJ) reportedly housed 
approximately 11,500 prisoners in a facility with a capacity of just 
over 2,600. A new prison facility in Kashimpur, north of Dhaka, opened 
in September 2001 although the first phase of construction for it had 
yet to be completed. Law Minister Moudud Ahmed told the official news 
agency that the first phase of the construction work for the Kashimpur 
jail would be completed soon, but did not provide a date for its 
completion.
    There were reports of rampant corruption and irregularities in the 
prisons. In August the new Inspector General of Prisons found gross 
irregularities inside DCJ and transferred 17 officials from DCJ to 
other prisons. According to a newspaper report, a deputy inspector 
general (DIG) of prisons fled from Chittagong after receiving death 
threats because of his investigation of irregularities in the jail 
there. The DIG had confiscated two truckloads of unauthorized 
materials, including knives and liquor, intended for notorious 
criminals incarcerated there.
    The treatment of prisoners in the jails was not equal. There were 
three classes of cells: A, B, and C. Common criminals and low-level 
political workers generally were held in C cells, which often have dirt 
floors, no furnishings, and poor quality food. The use of restraining 
devices on prisoners in these cells was common. Conditions in A and B 
cells were markedly better; A cells were reserved for prominent 
prisoners. B cells were considered 'second class' and were reserved for 
convicted individuals. Those confined to B cells received items like 
clothing that other detainees and prisoners being tried did not 
receive.
    Juveniles were required by law to be detained separately from 
adults; however, due to a lack of facilities, in practice many were 
with adult prisoners.
    In general the Government did not permit prison visits by 
independent human rights monitors, including the International 
Committee of the Red Cross (ICRC). Government-appointed committees of 
prominent private citizens in each prison locality monitored prisons 
monthly, but did not release their findings. District judges 
occasionally also visited prisons, but rarely disclosed their findings.

    d. Arbitrary Arrest, Detention, or Exile.--The Government continued 
to arrest and to detain persons arbitrarily, as well as to use national 
security legislation such as the SPA of 1974 to detain citizens without 
formal charges or specific complaints being filed against them. The 
Constitution states that each person arrested shall be informed of the 
grounds for detention, provided access to a lawyer of his choice, 
brought before a magistrate within 24 hours, and freed unless the 
magistrate authorizes continued detention. However, the Constitution 
specifically allows preventive detention, with specified safeguards, 
outside these requirements. In practice authorities frequently violated 
these constitutional provisions, even in nonpreventive detention cases. 
In an April 1999 ruling, a two-judge High Court panel criticized the 
police force for rampant abuse of detention laws and powers. There has 
been no change in police methods since that ruling.
    Under Section 54 of the Code of Criminal Procedure, individuals may 
be detained for suspicion of criminal activity without an order from a 
magistrate or a warrant. Some persons initially detained under Section 
54 subsequently were charged with a crime, while others were released 
without any charge. According to one human rights organization, a total 
of 755 persons were detained under the SPA during the first 6 months of 
2001. Another human rights organization, quoting prison authorities, 
cited the number of SPA detainees at 655. No data is available for 
detentions this year; however, on December 23 two benches of the High 
Court Division of the Supreme Court declared 138 detentions illegal and 
ordered the release of the detainees. All the detained persons were 
arrested under Section 54 and were being held under the SPA. The 
Government frequently used Section 54 to harass and intimidate members 
of the political opposition and their families. Police sometimes 
detained opposition activists prior to and during demonstrations 
without citing any legal authority, holding them until the event was 
over. Newspapers reported instances of police detaining persons to 
extract money or for personal vengeance.
    Under the SPA, the Government or a district magistrate may order a 
person detained for 30 days to prevent the commission of an act likely 
``to prejudice the security of the country.'' Other offenses subject to 
the SPA include smuggling, black market activity, or hoarding. The 
magistrate must inform the detainee of the grounds for detention within 
15 days, and the Ministry of Home Affairs must agree with the grounds 
presented for detention within 30 days or release the detainee. The 
Government does not have to charge the detainee with a statutory crime. 
In practice detainees sometimes were held for longer periods. Detainees 
may appeal their detention, and the Government may grant early release.
    An advisory board composed of two persons who have been, or are 
qualified to be, high court judges and one civil servant are supposed 
to examine the cases of SPA detainees after 4 months. On June 19, the 
High Court stated that the Government does not have any right to extend 
detention and, as such, SPA detainees must be released after 30 days 
unless the advisory board recommends an extension. The High Court 
judgment also made mandatory the requirement that authorities inform 
the court of the grounds for the detention order against the accused 
within 15 days and, if possible, earlier. On June 24, the Appellate 
Division of the Supreme Court concurred with the High Court judgment. 
If the Government adequately defends its detention order, the detainee 
remains imprisoned; if not, the detainee is released. If the defendant 
in an SPA case is able to present his case before the High Court in 
Dhaka, the High Court generally rules in favor of the defendant. 
However, many defendants either were too poor or, because of strict 
detention, were unable to obtain legal counsel and thereby moved the 
case beyond the magistrate level. Magistrates subject to the 
administrative controls of the Establishment Ministry were less likely 
to dismiss a case (see Section 1.e.). Detainees were allowed to consult 
with lawyers, although usually not until a charge was filed; however, 
they were not entitled to be represented by a lawyer before an advisory 
board. Detainees may receive visitors. The Government has held 
incommunicado prominent prisoners for extended amounts of time.
    According to a September 2000 study by a parliamentary 
subcommittee, 98.8 percent of the 69,010 SPA detainees over a period of 
26 years were released on orders from the High Court. The study 
asserted that SPA cases generally were so weak and vague that the court 
had no alternative but to grant bail. This situation continued at 
year's end.
    On February 25, police arrested 10 leaders of BCL near the 
residence of the AL president without warrant or charges. The police 
filed a case against them under Section 54 and sought a 7-day custody 
period from the court. The magistrate rejected the custody request and 
granted bail. The individuals, however, could not be released because 
the police had requested their continued detention under the SPA. After 
successfully challenging the detention order, seven of these arrested 
were released from DCJ on March 27. The remaining were released later, 
but were rearrested several times.
    On March 4, the AL presidium expressed concern over the whereabouts 
of A.F.M. Bahauddin Nasim, personal assistant to Sheikh Hasina. The 
presidium stated that Nasim was arrested and accused in a number of 
criminal cases, was kept incommunicado and was tortured. In an April 3 
ruling, the High Court ordered the Government to disclose where and 
under what authority they were holding Nasim. The Appellate Division of 
the Supreme Court stayed the order. Nasim faced criminal charges, 
including sedition and remained in prison. Originally arrested under 
Section 54, he was charged with smuggling foreign currency. On April 
12, he was charged with taking part in the June 2001 armed attack of 
Khaleda Zia's motorcade. The hearing on the sedition charges began on 
October 16. On September 17, the High Court ruled against the 
Government regarding Nasim's petition to have he smuggling charges 
dismissed. In November the High Court granted him bail on all charges 
and on December 30 declared his detention illegal and ordered his 
release (see Section 2.d.).
    On March 15, police arrested former State Minister Dr. Mohiuddin 
Khan Alamgir under Section 54 and later detained him under the SPA. 
Alamgir was charged in a total of eight cases as of the end of the year 
ranging from misappropriating grant funding, corruption, and to 
sedition. On August 3, the High Court declared the SPA detention of 
Alamgir illegal. In total he had been detained for six months. Alamgir 
was granted bail on all eight of the alleged offenses while he awaited 
trial (see Section 2.d.).
    On October 20, the army, during Operation Clean Heart, arrested 
Saber Hossain Chowdhury, political secretary to Sheikh Hasina. He was 
given 2 days remand and charged under Section 54. On October 24, he was 
charged in two cases, one in connection with the attack on Khaldea 
Zia's motorcade in June 2001 and the other for attempted embezzlement. 
The High Court declared his detention illegal in November and ordered 
him released from prison. On December 14, the High Court again issued a 
ruling questioning the legality of Chowdhury's detention.
    The Government used Section 54 and the SPA to arrest and detain 
many other opposition activists, including former M.P.s Haji Selim and 
Kamal Ahmed Mujumder, as well as AL leader and activist Sayeed Kokon, 
and former General Secretary of BCL, Ashim Kumar Ukil.
    On April 2, Parliament scrapped the Public Safety Act enacted by 
the AL government in January 2000. The BNP alleged widespread AL 
government misuse of the PSA to harass and detain political opponents.
    Like the SPA, the PSA allowed police to circumvent normal 
procedures, which led to arrests based on little or no concrete 
evidence. A week after the repeal of PSA, Parliament passed the Law and 
Order Disruption Crimes Speedy Trial Act (STA) to remain in force for 2 
years if not extended. It contains a provision for the trial of those 
accused of certain crimes in special courts from 30 to 60 days after 
arrest. Unlike the PSA, the STA has a bail provision, but made it 
mandatory for the court to record the grounds for granting bail. As a 
safeguard against misuse of the law, it provided punishment for 
bringing false charges with jail terms from 2 to 5 years. On June 23, 
in response to a writ filed by Lalmonirhat Bar Association President 
Matiur Rahman, who was charged under the STA on June 13, the High Court 
requested the Government to explain why the STA should not be declared 
unconstitutional. In general there have not been allegations of 
widespread misuse of the STA.
    In November 2001, the police Special Branch detained Shariar Kabir 
and held him for 2 days before charging him with carrying out seditious 
acts abroad. On January 20, Kabir was released on bail and a sedition 
case against him remained pending. On December 8, police arrested 
Kabir, along with several other AL leaders, under Section 54 following 
a series of deadly bomb explosions in Mymensingh cinema halls. He was 
charged with involvement in acts of sabotage and subversion. Kabir was 
given 30 days' detention on December 12 and charged with antistate 
activities in another case, involving two foreign journalists 
associated with British TV and their local facilitators. On December 
15, a High Court ruling questioned the legality of Kabir's SPA 
detention and directed the Government to pay compensation to Kabir as 
well as provide him with medical care. Kabir was granted ad interim 
bail on December 18 in connection with the British TV case, however the 
Government failed to produce him as ordered by the court and he 
remained in jail at year's end.
    There was a system of bail for criminal offenses that was employed 
for both violent and nonviolent crimes. However, some provisions of the 
law precluded the granting of bail. The Women and Children Repression 
Prevention Act provides special procedures for persons accused of 
violence against women and children. The law calls for harsher 
penalties, provides compensation to victims, and requires action 
against investigating officers for negligence or willful failure in 
duty.
    Some human rights groups expressed concern that the non-bailable 
period of detention was an effective tool for exacting personal 
vengeance.
    In February, the Government released one Indian and four Burmese 
nationals from DCJ following a January High Court order to end their 
illegal detention (see Section 2.d.). The Burmese nationals were 
arrested in September 1994 under the Foreigners Act for entering the 
country without valid travel documents and were given jail sentences of 
a maximum of 5 months. The Indian national arrested under the same law 
in 1999 was sentenced to a 16-month prison term. The High Court ordered 
the Government to grant the five's request for political asylum or to 
transport them to a third country. In April officials of the Ministry 
of Foreign Affairs decided to repatriate 731 foreigners who had served 
their jail terms.
    In July 2 months after his death, Falu Miah won a compensation suit 
for his unlawful detention of more than 21 years. Police arrested Falu 
Miah in connection with a robbery in August 1972. He was never brought 
before a court during his imprisonment and was not informed of the 
reason for his detention. The court acquitted him 10 days after his 
release on bail.
    On August 28, Faruk Miah, a victim of mistaken identity, was 
released from prison in Kishoreganj after 30 months of imprisonment. 
The police had arrested him in February 2000 in connection with a case 
in which he was not involved.
    In June police arrested an 11-year-old boy and sent him to prison 
after a detained smuggler named the boy and other members of the boy's 
family as accomplices. The local chapter of a human rights organization 
filed a petition with the court to secure the boy's release.
    On July 21, a High Court bench issued a ruling against a police 
officer in Manikganj after newspapers reported that the officer had 
filed charges against an 18-month-old boy in a case for allegedly 
taking part in a clash. The High Court ordered the child's acquittal on 
the charges.
    The Government sometimes used serial detentions to prevent the 
release of political activists.
    On March 27, the High Court declared the February 25 SPA detention 
of three top leaders of Bangladesh Chhatra League-Liaqat Shikder, 
Nazrul Islam Babu and Rafiqul Islam Kotowal-illegal and ordered their 
release. They were rearrested at the entrance of the jail and accused 
in a previously filed murder case. On April 1, the metropolitan 
sessions judge granted them interim bail but two more cases were filed 
against them and the police again arrested them. On September 9, in a 
written statement made by Shikder's mother, she claimed Shikder had 
become seriously ill due to continuous torture. In September all three 
were released from jail.
    In March 2001, JP Chairman Ershad was detained under the SPA after 
the court ordered his release upon payment of a fine in a corruption 
case. He faced numerous other charges at year's end.
    On July 15, AL President Sheikh Hasina told reporters that 450,000 
of her supporters were implicated in false cases throughout the country 
since the Government took office in October 2001. Law Minister Moudud 
Ahmed stated that the AL government had filed 17,000 political cases 
and harassed about 425,000 opposition activists during its rule between 
1996 and 2001, giving as examples the 154 cases the AL government filed 
against M.P. Sadeq Hossain Khola and 114 cases filed against M.P. 
Amanullah Aman. On March 3, Home Minister Altaf Hossain Chowdhury said 
that since coming to power in October 2001, the Government had released 
11,706 persons detained in 960 politically motivated cases filed under 
the previous government.
    It is difficult to estimate the total number of detentions for 
political reasons. Many activists were charged for crimes, and many 
criminals claim to be political activists. Because of crowded court 
dockets and magistrates who were reluctant to challenge the Government, 
the judicial system did not deal effectively with criminal cases that 
may be political in origin. There was no independent body with the 
authority and ability to monitor detentions or to prevent, detect, or 
publicize cases of political harassment. Most such detentions appeared 
to last for several days or weeks. Defendants in most cases receive 
bail, but dismissal of wrongful charges or acquittal may take years.
    The Constitution does not address exile, but does provide for the 
right of free movement within the country, foreign travel, emigration, 
and repatriation. The Government did not use forced exile.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, under a longstanding ``temporary'' 
provision of the Constitution, the lower courts remained part of the 
executive and were subject to its influence. The higher levels of the 
judiciary displayed a significant degree of independence and often 
ruled against the Government in criminal, civil, and even politically 
controversial cases. However, there was corruption within the legal 
process, especially at lower levels. Corruption within the police force 
and lack of transparency of police investigations delayed or thwarted 
justice in many cases.
    Victims of police abuse were generally reluctant to file cases 
against the police, as there was no independent body charged with 
investigation of criminal allegations against members of the police 
force. However, a December 2001 ruling of the High Court bench found 
that police presence during a judicial inquiry of alleged victims of 
police abuse was illegal.
    The court system has two levels: the lower courts and the Supreme 
Court. Both hear civil and criminal cases. The lower courts consisted 
of magistrates, who were part of the executive branch of the 
Government, and session and district judges, who belonged to the 
judicial branch.
    In June 2001, the Supreme Court reaffirmed a 1997 High Court order 
to separate the judiciary from the executive. The ruling declared which 
elements of the 1997 order could be implemented without constitutional 
amendment and ordered the Government to implement those elements within 
8 weeks. The AL government did not implement the directive. In August 
2001, Ishtiaq Ahmed, law advisor to the caretaker government, announced 
that the judiciary would be separated from the executive by 
promulgating an ordinance and left the job of implementing the 
ordinance to the next elected government. The newly elected government 
formed a cabinet committee to develop implementation plans. However, 
the committee has made slow progress, drawing criticism from the 
Appellate Division of the Supreme Court. The appellate panel has 
extended the period for implementation of its directives on several 
occasions at the request of the Government and the latest deadline for 
implementation is scheduled for January 26, 2003.
    The Supreme Court is divided into two sections: the High Court and 
the Appellate Court. The High Court hears original cases and reviews 
cases from the lower courts. The Appellate Court has jurisdiction to 
hear appeals of judgments, decrees, orders, or sentences of the High 
Court. Rulings of the Appellate Court are binding on all other courts.
    Due to the judicial system's million-case backlog, the Ministry of 
Law initiated a pilot program in the city of Comilla offering 
Alternative Dispute Resolution (ADR) in some civil cases. Citizens have 
the opportunity to have their cases mediated by persons with a 
background in law before filing their cases. According to government 
sources, the pilot program, initiated in family courts in 15 districts 
in 2001, was very successful and popular among citizens. According to 
the Law, Justice, and Parliamentary Affairs Minister Moudud Ahmed, the 
program was to be extended to all the remaining 49 district family 
courts by the end of the year.
    Early in the year, the number of judges on the appellate panel of 
the Supreme Court was raised from five to seven so the appellate panel 
could split into two benches and more quickly dispose of cases. The 
Home Ministry formed a special committee to monitor progress of 
proceedings for more than 100 high-profile cases and provide directives 
to government agencies to speed up the trials. In one case, the Dhaka 
Metropolitan Sessions court completed a kidnaping/murder trial in 27 
working days.
    On October 24, President Iajuddin Ahmed signed an ordinance 
instituting a ``Special Tribunal for Speedy Trial'' system that would 
cover six major criminal offences. The new law deals with crimes 
including murder, rape, possession of illegal arms, narcotics and 
explosives, and hoarding. It was signed into law while Parliament was 
not in session, but was ratified in Parliament November 14 during an 
opposition walkout. Thirty cases were initially sent to the 'tribunals' 
for trial. The High Court issued a show cause notice concerning the 
constitutionality of the law on December 15.
    Trials were public. The law provided the accused with the right to 
be represented by counsel, to review accusatory material, to call 
witnesses, and to appeal verdicts. State funded defense attorneys 
rarely were provided, and there were few legal aid programs to offer 
financial assistance. There is no mandated provision of counsel for 
accused indigents, but the Government does appoint lawyers to represent 
individuals tried in absentia. In rural areas, individuals often did 
not receive legal representation. In urban areas, legal counsel 
generally was available if individuals can afford the expense. However, 
sometimes detainees and suspects in police detention were denied access 
to legal counsel. Trials conducted under the SPA, the PSA, and the 
Women and Children Repression Prevention Act were similar to normal 
trials, but were tried without the lengthy adjournments typical in 
other cases. Under the provisions of the PSA, STA, and the Women and 
Children Repression Prevention Act, special tribunals heard cases and 
issued verdicts. Cases under these laws must be investigated and tried 
within specific time limits, although the law was unclear as to the 
disposition of the case if it is not finished before the time limit 
elapses (see Section 1.d.).
    Persons may be tried in absentia, although this rarely occurred. 
Thirteen of the 21 persons accused in the 1975 ``jail killing'' case 
were being tried in absentia and eight of those convicted of killing 
Sheikh Mujibur Rahman and 21 members of his family were convicted in 
absentia in 1998 (see Section 1.a.). There is no automatic right to a 
retrial if a person convicted in absentia later returns. Absent 
defendants may be represented by state-appointed counsel but may not 
choose their own attorneys and, if convicted, may not file appeals 
until they return to the country.
    A major problem of the court system was the overwhelming backlog of 
cases, and trials underway typically are marked by extended 
continuances while many accused persons remained in prison. These 
conditions, and the corruption encountered in the judicial process, 
effectively prevented many persons from obtaining a fair trial.
    Transparency International estimated that more than 60 percent of 
the persons involved in court cases paid bribes to court officials.
    In August 2001, Idris Ali was released after serving 5 years in 
prison in a case of mistaken identity. The High Court ordered his 
release on three separate occasions, but the orders did not reach the 
jail authorities. Idris's lawyer stated publicly that only bribery 
ensured proper processing of documents in court. Because of the 
difficulty in accessing the courts and because litigation is time 
consuming, alternative dispute resolution by traditional village 
leaders, which is regarded by some persons to be more transparent and 
swift, was popular in rural communities. However, these mechanisms were 
also subject to abuse.
    The Government stated that it holds no political prisoners, but 
opposition parties and human rights monitors claimed that many 
opposition activists were arrested and convicted with criminal charges 
as a pretext for their political activities. Soon after assuming power 
in mid-July 2001, the CG formed a judicial commission to review cases 
of political prisoners and detentions under the SPA. The commission 
recommended that some cases be brought to trial and others dismissed. 
In December 2001, the new government formed its own judicial commission 
to look into political cases. On March 4, Home Minister Altaf Hossain 
Chowdhury said the Government had released 11,706 persons in 
politically motivated cases. In April the PSA Repeal Law became law and 
gave the Government authority to determine which cases filed under the 
SPA law would be withdrawn and which ones would be pursued (see Section 
1.d.).

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law requires authorities to obtain a judicial 
warrant before entering a home; however, according to human rights 
monitors, police rarely obtained warrants, and officers violating the 
procedure were not punished. In addition, the SPA permits searches 
without a warrant.
    Security forces raided the residence of a top AL leader, Amir 
Hossain Amu, three times between May and December. According to AL 
sources, security forces ransacked Amu's house and verbally abused his 
wife under the pretext of searching for illegal firearms.
    On June 21, police in the Pakundia section of Kishoreganj district 
raided the home of an AL supporter, Abdul Malek, without warrant. The 
police harassed the occupants of the house, including Abdul Malek's 
wife, and reportedly tried to remove her clothes. The police allegedly 
told Malek's family that they would go if the family paid them money. A 
human rights organization reported that the authorities took no action 
against the police officers involved.
    During the year, the police and the BDR conducted raids on the 
houses of political activists and alleged criminals without warrants 
during frequent anticrime drives. On May 29, BDR personnel broke into 
the house of a BNP leader and gas line contractor Nurul Haq and started 
beating him. Haq was rescued by the intervention of local police.
    The Government periodically forcibly resettled persons. In March a 
High Court bench stayed, for 3 months, a Ministry of Housing and Public 
Works order to dismantle slums in the Amtali section of Dhaka and 
ordered the Government to explain why it should not be directed to 
resettle the slum residents.
    In September 2001, 70 prostitutes tried to re-enter the vacant 
Tanbazar brothel and police resisted. Some women were injured, three of 
whom were hospitalized.
    The Government sometimes punished family members for the alleged 
crimes of others. In May in Dhaka, having failed to arrest two alleged 
criminals, police arrested 12 of their relatives and detained them 
under the SPA, including the 60-year-old father and 53-year-old mother 
of one of the alleged criminals.
    The police Special Branch, National Security Intelligence, and the 
Directorate General of Forces Intelligence (DGFI) employed informers to 
report on citizens perceived to be political opponents of the 
Government and to conduct surveillance of them. Political leaders, 
human rights activists, foreign NGOs, and journalists reported 
occasional harassment by these security organizations. In addition, 
foreign missionaries reported that internal security forces and others 
closely monitored their activities; however, no missionaries reported 
other harassment during the year.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech, expression, and the press, subject to ``reasonable 
restrictions'' in the interest of security, friendly relations with 
foreign states, public order, decency and morality, or to prohibit 
defamation or incitement to an offense; however, there were numerous 
examples of the Government limiting these rights in practice. Some 
government leaders encouraged violence against journalists by ruling 
party members.
    As in past years, journalists pressed for repeal of the Official 
Secrets Act of 1923. According to the act, a citizen must prove why he 
or she needs information before the Government will provide it. The act 
protected corrupt government officials from public scrutiny and 
hindered transparency and accountability of the Government at all 
levels.
    The hundreds of daily and weekly publications provided a forum for 
a wide range of views. While some publications supported the overall 
policies of the Government, most newspapers reported critically on 
government policies and activities. In addition to an official 
government-owned wire service, there was one private wire service 
affiliated with overseas ownership.
    Despite this proliferation of news articles, Reporters Without 
Borders (RSF), in their first publication of a worldwide index of 
countries according to their respect for press freedom, ranked the 
country 118 out of 139, stating that, ``armed rebel movements, militias 
or political parties constantly endanger the lives of journalists. The 
state fails to do all it could to protect them and fight the immunity 
very often enjoyed by those responsible for such violence.''
    Newspaper ownership and content were not subject to direct 
government restriction. However, the Government influenced journalists 
through financial means such as government advertising and allocations 
of newsprint imported at favorable tariff rates. The Government stated 
that it considered circulation of the newspapers, compliance with wage 
board standards, objectivity in reporting, coverage of development 
activities, and ``attitude towards the spirit of Bangladesh's War of 
Liberation'' as factors in allocating advertising. In the past, 
commercial firms often were reluctant to advertise in newspapers 
critical of the Government; however, this appeared to no longer be the 
case.
    The Government owned and controlled virtually all radio and 
television stations with the exception of a few privately owned cable 
stations, such as Ekushey Television (ETV), ATN Bangla, and private 
broadcaster Radio Metrowave.
    On August 29, the Supreme Court, responding to a petition by two 
pro-BNP educators and a journalist, ordered ETV, the only full-fledged 
broadcast television station in the private sector, to be closed down. 
This was based on alleged irregularities in its license. No appeals are 
possible from this court. Petitions were filed, however, concerning the 
shutting down of ETV's transmission and seizure of its equipment. These 
petitions were rejected by the High Court on September 16.
    The activities of the Prime Minister occupied the bulk of prime 
time news bulletins on both television and radio, followed by the 
activities of members of the Cabinet. Opposition party news received 
little coverage. As a condition of operation, both private stations 
were required to broadcast for free government news programs and 
national addresses by both the Prime Minister and the President. In 
July 2001, Parliament approved two bills granting autonomy to state-run 
Bangladesh Television (BTV) and Bangladesh Betar (Bangladesh Radio). 
Passage of these laws has not ensured real autonomy for them and the 
Government has not implemented the laws. Government intrusion into the 
selection of news remained a pervasive problem. Many journalists at 
private stations exercised self-censorship as well.
    Journalists and others were subject to incarceration when private 
parties filed criminal libel proceedings against them. Ruling party 
M.P.s filed separate criminal libel suits against several newspapers 
after articles were published that the politicians viewed as false and 
defamatory. The journalists in all cases received anticipatory bail 
from the courts, and none of the cases moved to trial. Sedition charges 
remained pending, and those persons accused remained on bail.
    While some journalists were critical, most practiced some degree of 
self-censorship. Many journalists cited fear of possible harassment, 
retaliation, or physical harm as a reason to avoid sensitive stories. 
Government leaders, political party activists, and others frequently 
launched violent attacks on journalists and newspapers, and violent 
physical attacks against journalists occurred during the year. 
Political parties and persons acting on their behalf conducted attacks 
both on media offices and on individual journalists targeted as a 
consequence of their news reporting. These crimes largely remained 
unsolved and the perpetrators, often identified by name or party 
affiliation in press reports, were not held accountable in many cases. 
Attacks by political activists on journalists also were common during 
times of political street violence, and some journalists were injured 
in police actions.
    In March the management of the Government-run wire service 
Bangladesh Sangbad Sangstha (BSS) fired 20 journalists. Observers 
believe the journalists were fired because of their alleged allegiance 
to the AL. Colleagues of the journalists protested management's action 
and were in turn threatened with disciplinary action. BSS management 
hired 22 journalists who reportedly were sympathetic to the BNP.
    On May 20, Matiur Rahman Chowdhury, editor of Manavzamin and 
stringer for the Voice of America (VOA) Bangla Service, was sentenced 
to 6 months in jail for publishing a recorded conversation between 
former president Hussain Muhammad Ershad and a judge of the High Court 
Division of the Supreme Court. Chowdhury appealed the verdict and the 
sentence has been stayed.
    According to RSF during the year, 244 journalists faced repression, 
compared to 162 in 2001, and 126 in 2000. They also reported that 
during the year, 3 journalists were killed, 102 injured, 39 attacked, 
30 arrested, and 147 threatened. On June 18, RSF stated that in the 8 
months since the Government's assumption of power, ``as many as 145 
journalists were assaulted or threatened with death, 1 was murdered, 4 
detained by the authorities, and 16 press clubs or newsrooms 
attacked.'' The figures reported by RSF were not independently verified 
and the Government protested the characterization portrayed in the 
statement.
    On June 21, police and security personnel used sticks to assault 
journalists who converged at the residence of the President to gather 
news after President Professor A.Q.M. Badruddoza Chowdhury resigned. 
The officials dragged women journalists by their hair and kicked 
several photojournalists. They did not allow the journalists to speak 
with Chowdhury. When Chowdhury's son, a BNP M.P., told the police that 
his father would like to speak with the press, the security men 
declared that they had been instructed by higher authorities not to 
allow the journalists to speak with the outgoing President.
    On July 2, armed BNP activists assaulted Monirul Haidar Iqbal, the 
Mongla correspondent of Dhaka's largest circulation Bangla- language 
daily, Jugantor. According to a complaint filed by Iqbal, the BNP 
activists assaulted him because of his stories on the illegal 
occupation of shrimp fields by supporters of the ruling coalition. 
Iqbal lodged a formal complaint with the police.
    On July 5, members of a faction of the outlawed BCP allegedly 
kidnaped Shukur Ali, a reporter with Anirban, a Khulna daily newspaper. 
He remained missing and five BCP members have been charged in the case.
    On July 5, the Government cancelled the publishing license of a 
Bangla language daily Dainik Uttarbanga Barta, published in Natore. The 
Government action followed the publication of a March 26 article that 
referred to the current Prime Minister Begum Khaleda Zia as leader of 
the opposition and to former Prime Minister Sheikh Hasina as the prime 
minister. The managing editor of the newspaper, who was also a local AL 
leader, apologized for what he claimed was an error due to incorrect 
data processing and a correction was published the following day. The 
newspaper management said that they would appeal against the 
Government's decision.
    On July 13, a caller identifying himself as the son of Parliament's 
Chief Whip Khondokar Delwar Hossain made death threats against Arifu 
Rahman, a staff correspondent of Dhaka's Bangla-language daily Prothom 
Alo. Rahman lodged a formal complaint with the police.
    On July 22, the Bangla-language daily Janakantha accused the 
Government of trying to suppress its reporting. The statement noted 
that soon after coming to office, the Government stopped placing 
advertisements in Janakantha. It then threatened to file a treason case 
against the daily for publishing a report about transfers in the 
police.
    On September 7, JCD activists reportedly attacked a public pro-ETV 
meeting. The activists reportedly ransacked the podium and assaulted 
the organizers of the meeting. Ten persons were injured in the attack, 
two critically, including a correspondent of a Dhaka-based Bangla-
language daily and a cultural activist belonging to the Sheikh Mujib 
Cultural Alliance. Seven pro-BNP student activists were suspended from 
the party for their role in the attack. Ten individuals accused of 
participating in the incident were granted anticipatory bail on 
September 11.
    On November 25 police arrested two foreign journalists associated 
with British Television, Zeba Naz Malik and Leopold Bruno Sorentino, 
while crossing to India at the Benapole border. Two citizens, Moniza 
Pricila Raj and Meser Ali were taken into custody that same day in 
connection with the case. Ali was released after providing a witness 
statement in the Chief Metropolitan Magistrate's Court. Police 
confiscated videocassettes and U.S. currency from Raj when she was 
taken into custody. The three, plus Selim Samad, a freelance 
journalist, were charged with sedition and the three in custody were 
placed on 5-day remand on November 26. Sumi Khan, a journalist of the 
weekly Shaptahik 2000, was also arrested in Chittagong in connection 
with the incident. Khan was released on November 29 after 10 hours 
detention. In a press briefing on December 1, the Government's 
Principal Information Officer, Khondker Mairul Alam stated that the two 
foreigners were held as NGO activists for their suspected involvement 
in ``subversive'' and ``anti-state acts.'' The two foreign journalists 
were deported on December 11 after issuing statements expressing their 
regret for the incident.
    Raj was granted ad interim bail on December 18, but remained in 
prison until December 22. Samad was granted bail on December 23 and the 
order sent via special messenger to ensure the delay in release that 
occurred with Raj was not repeated. Samad, however, was placed on 1-
month detention under the SPA before the bail order was received at the 
jail. On December 31, the High Court issued a ruling questioning the 
legality of Samad's detention.
    On December 7, Reuters released an article with a quote attributed 
to the Home Minister that stated the Mymensingh bombing attacks could 
be the work of Osama bin Laden's al-Qa'ida network and that he had 
ordered a national security alert. The Home Minister denied making the 
statement and Reuters retracted the story. On December 13, police 
arrested Enamul Haque Chowdhury, a stringer for Reuters, as the author 
of the article and searched the Reuters office in Dhaka. He remained in 
jail at year's end.
    Political activists frequently attacked journalists. In January 
2001, political activists, reportedly with the support and backing of 
AL M.P. Joynal Hazari, beat and stabbed the United News of Bangladesh's 
(UNB) correspondent in Feni, Tipu Sultan. Opponents of the AL blamed a 
pro-AL student front and AL activists for the attack. The AL government 
donated $2,000 (Taka 100,000) for the injured journalist's treatment. 
The journalist initiated legal proceedings without any result to date. 
The case was under reinvestigation. The Committee to Protect 
Journalists (CPJ) cited Sultan for his exposure of official corruption, 
which resulted in his being assaulted.
    In November 2001, the Government stopped buying advertising space 
in the popular Bangla language daily Janakantha following reports by 
the newspaper of alleged atrocities committed against minority 
community and activists of the AL.
    Feminist author Taslima Nasreen remained abroad after being freed 
on bond while criminal charges were still pending against her for 
insulting religious beliefs of the country's Muslims. On May 26, the 
Government banned her latest book, Utal Hawa (Wild Wind). Utal Hawa is 
a sequel to her earlier novel, Amar Meyebela (My Girlhood), published 
in 1999, which was also banned in the country for being anti-Islamic. 
On October 13 a court sentenced Nasreen, in absentia, to one year in 
jail for her ``derogatory remarks about Islam'' in a case filed by a 
local Jamaat-e-Islami leader November 1999.
    A government Film Censor Board reviewed local and foreign films and 
may censor or ban them on the grounds of state security, law and order, 
religious sentiment, obscenity, foreign relations, defamation, or 
plagiarism. The Board did not ban any locally produced films during the 
year; however, in April the Film Censor Board obliged a filmmaker to 
modify a film's dialogue before issuing a certificate for public 
screening. On December 14, the High Court stayed the screening of the 
film ``Hason Raja'' (a mystic philosopher who composed hundreds of 
songs) in response to a petition filed by Sadia Chowdhury Porag, a 
descendent of Hason Raja. In her petition, Porag asserted that the film 
bears no relationship to the truth, distorting the image of and placing 
a stigma on the memory of Hason Raja. The court also issued a show 
cause notice to the Film Censor Board to provide reason why screening 
of the film should be allowed. The Board banned the screenings of 
several imported English-language movies for their pornographic 
content. Video rental libraries provided a wide variety of films to 
their borrowers, and government efforts to enforce censorship on these 
rental films were sporadic and ineffectual. The Government did not 
limit citizens' access to the Internet.
    Foreign publications were subject to review and censorship. 
Censorship most often was used in cases of immodest or obscene 
photographs, perceived misrepresentation or defamation of Islam, and 
objectionable comments about national leaders.
    The Government banned the April 4 issue of the Far Eastern Economic 
Review for an article it contained on the rise of pro-Islamic movements 
in the country. Security services were instructed to closely monitor 
foreign journalists entering the country on tourist visas.
    The Government generally respected academic freedom. Although 
teachers and students at all levels largely were free to pursue 
academic assignments, research on extremely sensitive religious and 
political topics was forbidden.
    The situation on public university campuses seriously inhibited the 
ability of students to receive a university education and of teachers 
to teach. Armed clashes between student groups of different parties or 
of different factions within a particular party resulted in prolonged 
closures of colleges and universities in Dhaka, Chittagong, Sylhet, and 
Noakhali.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, subject to restrictions in the 
interest of public order and public health; however, the Government 
frequently limited this right. Section 144 of the Criminal Procedure 
Code (CrPC) allows the Government to ban assemblies of more than four 
persons. According to one human rights organization, the Government 
imposed 24 such bans during the first 6 months of the year. The 
Government sometimes used bans to prohibit rallies for security 
reasons, but many independent observers believed that such explanations 
usually were a pretext. Supporters of the ruling party frequently will 
schedule their own rallies at the same venue and time, thus providing 
the Government a basis for imposing a ban.
    On January 9, armed police fired teargas to disperse a peaceful AL 
sit-in demonstration near the AL central office in Dhaka in protest of 
a rise in the price of petroleum. Police charged the demonstrators with 
batons. The AL opted to stage the sit-in after the police refused to 
allow them to conduct a procession. In the same afternoon, police took 
similar action to break up another AL rally at Muktangon and picked up 
10 AL student activists. Questioned by AL leaders, police replied they 
were acting on instructions from higher authorities.
    On March 25, the Dhaka Metropolitan Police imposed Section 144 at 
the Osmany Udyan area to foil an AL scheduled hunger strike. The hunger 
strike was held to protest the passage of a law aimed at removing the 
portrait of late president Sheikh Mujibur Rahman, revered by AL 
supporters as the Father of the Nation, from government offices. When 
leaders and supporters started to gather at Osmany Udyan, defying the 
ban, police charged with clubs and teargas, assaulting key leaders. 
They included former Agriculture Minister Motia Chowdhury, the AL 
President's political secretary Saber Hossain Chowdhury, and noted 
television actor and politician Asaduzzaman Noor These persons were 
detained for about 3 hours.
    Violence also was endemic between the student political wings of 
the major national parties, and between rival factions within the 
parties.
    On January 15, students of Bangladesh Agricultural University in 
Mymenshingh rioted in protest of a reported government intention to 
change the name of the university. Approximately 100 students, as well 
as several teachers, were injured in clashes with the police.
    During an August 27 nationwide student strike called by the 
Progressive Students' Unity (PSU), 12 students were injured in police 
action on the BUET campus. Escalating demonstrations led to an 
indefinite closure of the university.
    In late 2001, PM Zia, who had suspended the central committee of 
the BNP student wing, Jatiyabadi Chhatra Dal (JCD) appealed to other 
political parties to reach a consensus on banning student politics. The 
AL and some students and teachers opposed the move. On September 9, PM 
Zia lifted her suspension order on the JCD central committee and 
announced the formation of a new convening committee.
    Various political parties called numerous hartals during the year. 
Party activists enforced these strikes through threatened or actual 
violence against strikebreakers. Those persons who did not join the 
strike were coerced into observing prohibitions against vehicular 
transport and normal operation of businesses. Party activists mounted 
processions during the hartals. Although surveys indicated a majority 
of citizens were opposed to the use of hartals as a political weapon, 
all of the major parties continue to use them. In August 2001, leaders 
of all parties agreed to refrain from calling for hartals, but the 
agreement did not last, and there was no attempt this year to refrain 
from hartals. Police rarely interfered with ruling party processions on 
such occasions and often worked in tandem with ruling party activists 
to disrupt and to discourage opposition processions.
    The Constitution provides for the right of every citizen to form 
associations, subject to ``reasonable restrictions'' in the interest of 
morality or public order, and in general the Government respected this 
right. Individuals were free to join private groups.

    c. Freedom of Religion.--The Constitution establishes Islam as the 
state religion and also stipulates the right--subject to law, public 
order, and morality--to practice the religion of one's choice; however, 
the Government generally respected this provision in practice. Although 
the Government is secular, religion exerts a powerful influence on 
politics. The Government is sensitive to the Muslim consciousness of 
the majority of its citizens. It can fail to protect minority groups, 
contributing to an atmosphere of impunity. Approximately 88 percent of 
the population is Muslim. Some members of the Hindu, Christian, and 
Buddhist minorities experienced discrimination by those who regard 
minorities in general as politically vulnerable.
    Religious minorities were disadvantaged in practice in such areas 
as access to government jobs and political office. Selection boards in 
the Government services often lacked minority group representation.
    Religious organizations were not required to register with the 
Government; however, all NGOs, including religious organizations, were 
required to register with the NGO Affairs Bureau if they received 
foreign money for social development projects. The Government has the 
legal ability to cancel the registration of an NGO or to take other 
actions such as dissolve the executive committee of the NGO, freeze its 
bank accounts, or cancel projects. However, such powers rarely were 
used and did not affect NGOs with religious affiliations.
    The Government allowed various religions to establish places of 
worship, to train clergy, to travel for religious purposes, and to 
maintain links with co-religionists abroad. The law permitted citizens 
to proselytize. However, strong social resistance to conversion from 
Islam means that most missionary efforts by Christian groups were aimed 
at serving communities that have been Christian for several generations 
or longer. Foreign missionaries were allowed to work in the country, 
but their right to proselytize is not protected by the Constitution. 
Some missionaries faced problems in obtaining visas or renewing visas, 
which must be renewed annually. Some foreign missionaries reported that 
internal security forces and others closely monitored their activities; 
however, no missionaries reported other harassment during the year.
    In January 2001, the High Court ruled illegal all fatwas, or expert 
opinions on Islamic law. Only those Muftis (religious scholars) who 
have expertise in Islamic law are authorized to declare a fatwa; 
however, in practice village religious leaders sometimes made 
declarations on individual cases, calling the declaration a fatwa. 
Fatwas commonly deal with marriage and divorce, or mete out punishments 
for perceived moral transgressions. Victims were sometimes lashed or 
shunned by their communities (see Section 1.c.). While the Court's 
intention was to end the extrajudicial enforcement of penalties by 
religious leaders, the 2001 ruling, which generated violent protests, 
declared all fatwas illegal (see Section 1.a.). Several weeks later, 
the Appellate Court stayed the High Court's ruling. No date has been 
set for rehearing the issue.
    Many Hindus have been unable to recover landholdings lost because 
of discrimination in the application of the law, especially the Vested 
Property Act. Property ownership, particularly among Hindus, has been a 
contentious issue since partition in 1947. In April 2001 Parliament 
passed the Vested Property Return Act. This law required the Government 
to return land that was seized under the now-defunct Vested Property 
Act; a law that allowed ``enemy'' (in practice Hindu) lands to be 
expropriated by the State. The Government was tasked to prepare a list 
of vested property holdings by October 2001, and claims were to have 
been filed within 90 days of the publication date. No further claims 
were to be accepted after that period expired. The Government has yet 
to publish the list of vested properties.
    On November 26, the Parliament passed an amendment to the Vested 
Property Act allowing the Government unlimited time to return the 
vested properties. The properties were to remain under the control of 
Deputy Commissioners until a tribunal settles ownership. The amendment 
also gives the Deputy Commissioners the right to lease such properties 
until they are returned to their owners. The Government claimed that 
this provision would prevent the properties from being stolen.
    Since the October 2001 elections, some newspapers and NGOs, the 
Bangladesh Hindu Buddhist Christian Unity Council, and the AL have 
alleged that religious minorities have been targeted for attacks. The 
Government sometimes has failed to criticize, investigate, and 
prosecute the perpetrators of attacks by local gang leaders. However, 
targeted attacks, motivated solely by religious differences, could not 
be independently verified.
    Violence, including killings and injuries, occurred both before and 
after the October 2001 election. There were reports of harassment of 
Hindus, including killings, rape, looting, and torture, also was 
related to post-election violence.
    In late November 2001, the High Court ordered the Government to 
look into and report on attacks on religious minorities, and to 
demonstrate that it is taking adequate steps to protect minorities. The 
Government submitted its report later in the year.
    According to one human rights organization, during the transition 
of power from the CG to the newly elected government in October 2001, 
BNP supporters raped at least 10 Hindu women in the island district of 
Bhola and looted several Hindu houses. Incidents of rape and looting 
were also reported in the southwestern district of Bagerhat. The 
situation improved after the new government members visited the areas 
and deployed additional police to troubled locations. In February an 
AL-backed Crime Against Humanity convention alleged ``systematic 
persecution'' of religious minorities and called for the perpetrators 
of the persecutions to be brought to trial under local and 
international laws.
    In some cases, field investigations by independent human rights 
organizations into incidents of alleged religious persecution of 
minority communities found that newspapers exaggerated the stories and 
inflated common criminal incidents into stories of religious 
persecution. A BNWLA investigation team found that the June 4 
Janakantha report of Jamaat-e-Islami supporters stripping and taking a 
nude photograph of a 60-year-old Hindu woman could not be 
substantiated.
    In the past, the Ahmadiyas, whom many mainstream Muslims consider 
heretical, were the target of attacks and harassment. An Ahmadiya 
mosque in Kushtia which mainstream Muslims captured in 1999 remained 
under police control for approximately 3 years, preventing Ahmadiyas 
from worshipping.
    In August, the Ahmadiyas regained control and starting using the 
mosque for prayers.
    On April 22, unidentified assailants killed Ganojyoti Mohasthobir, 
a monk at a Buddhist temple and orphanage at Rauzan in Chittagong 
District. Media reports suggested that the killing might have been 
related to a land dispute. Home Minister Altaf Hossain Chowdhury and 
Foreign Minister Morshed Khan visited the temple and assured the public 
that the incident would be properly investigated and those involved in 
the killing would be brought to trial. On December 22, police arrested 
Alich Mohammad alias Mahmud in connection with the case. The case 
remained under investigation at the end of the reporting period.
    On April 28, a criminal gang at Radha Madam Asram in Khagrachhari 
killed Modon Gopal, a Hindu priest. The criminals also looted gold 
statues from the temple.
    On May 12, 12 unidentified persons broke into Dabua Benubon Bhiar 
Buddhist Monastery at Beltoli before the monastery occupants and local 
residents chased them away. Ain-O-Shalish Kendra, a human rights NGO, 
filed a petition with the High Court asking that the Government be 
ordered to investigate the incidents and submit its findings to the 
court. The Government submitted its report to the court in August 
stating that it had taken action against perpetrators of violence 
against members of the minority communities wherever such incidents 
took place. The Government report said investigations revealed that 
many of the reports were false or exaggerated.
    In June 2001, in Baniachar, Gopalganj district, a bomb exploded 
inside a Catholic church during Sunday mass, killing 10 persons and 
injuring 20. The army investigated and concluded that the bomb was 
produced outside of the country. Police detained various persons for 
questioning, but as of year's end; no progress had been made on the 
case. A judicial commission, formed by the Government in December 2001 
to probe politically motivated bombing incidents during the AL 
government period, investigated the Baniarchar bombing incident. In 
mid-September the commission submitted its report to the Government. 
The commission blamed Sheikh Hasina and some of her AL party colleagues 
for six of the seven bomb attacks in the second half of the AL 
administration. Two of the three commission members stated they could 
not identify the culprit of the bombings investigated and dissented, 
saying that the head of the commission, Judge Abdul Bari Sarkar 
inserted his personal views in the final report.
    In November 2001, unidentified assailants killed Principal Gopal 
Krishna Muhuri of Nazirhat College in Chittagong. Following the murder, 
Hindus staged a violent demonstration, protesting that Muhuri was 
killed because he was a Hindu. Muhuri's family stated that he was 
unpopular with the Jammat-I-Islami party, as he had refused it and 
other political parties access to the college's campus. It is unclear 
whether the murder was religiously motivated. Three teachers at the 
college were arrested in connection with the murder and have since been 
granted bail. In July the police also arrested three known criminals on 
suspicion of their involvement in the killings, all of whom were in 
jail. On November 14, police filed a case against 12 persons in 
connection with the killing, including the three teachers, the three 
persons currently in jail, and an accountant at the college where 
Muhuir was Principal.
    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 address exile, 
but does provide for the right of free movement within the country, 
foreign travel, emigration, and repatriation. In practice, citizens 
generally were able to move freely within the country and to travel 
abroad, to emigrate, and to repatriate. There were, however, instances 
in which the Government restricted these rights.
    On December 2, the High Court ordered the return of former State 
Minister for Planning, Alamgir's passport to allow him to travel abroad 
for 3 months seeking medical treatment. His passport was confiscated at 
Zia International Airport as he was departing for Singapore (see 
Section 1.d.).
    On occasion, the movement of major opposition political leaders was 
restricted, and the Government did little to assist them.
    On August 30, BNP activists barricaded a road in southwestern 
Satkhira district to obstruct a motorcade of AL Leader Sheikh Hasina. 
BNP activists allegedly threw bricks at the vehicle. Hasina's 
bodyguards overpowered the demonstrators and her motorcade passed 
unharmed. AL leaders alleged police inaction during the melee and 
called a countrywide hartal on September 1 to protest the incident (see 
Section 1.d.).
    The country's passports were invalid for travel to Israel.
    Approximately 300,000 Bihari Muslims live in various camps 
throughout the country; they have been in the camps since 1971 awaiting 
settlement in Pakistan. Biharis are non-Bengali Muslims who emigrated 
to what formerly was East Pakistan during the 1947 partition of British 
India. Most supported Pakistan during the country's 1971 War of 
Independence. They later declined to accept citizenship and asked to be 
repatriated to Pakistan. The Government of Pakistan historically has 
been reluctant to accept the Biharis.
    Since 1992 approximately 232,000 Rohingya (Muslims from the 
northern Burmese state of Arakan) have been repatriated voluntarily to 
Burma. An additional 22,700 have left the camps and are living among 
the local citizens. More than 20,800 refugees remained in two camps 
administered by the Government in cooperation with the U.N. High 
Commissioner for Refugees (UNHCR). In April 1999, the UNHCR urged the 
Government to allow any refugees who could not return to Burma to be 
allowed to work in the country, benefit from local medical programs, 
and send their children to local schools. The Government refused these 
requests, insisting that all Rohingya refugees must remain in the camps 
until their return to Burma. According to Human Rights Watch, there 
were reports of violence by refugee camp officials against Rohingya. 
There were also claims of discrimination from the local population 
towards the Rohingya.
    On April 24, in a clash involving refugees, police, and student 
activists, about 70 persons including 10 Rohingya were injured when 
student activists of the BNP converged on Kutupalong refugee camp 
demanding fees from a contractor who was building new sheds.
    Despite senior level discussions with the Burmese government, the 
two governments remained unable to accelerate the rate of repatriation.
    According to the UNHCR, the Government, and human rights groups, 
more than 100,000 Rohingya who entered the country since 1991 live in 
precarious circumstances outside the camps with no formal 
documentation. The Government effectively denied asylum to the new 
arrivals by categorizing them as illegal economic migrants and turned 
back as many persons as possible at the border. According to UNHCR, 
which has interviewed some of these migrants, at least some of them 
were fleeing persecution and were entitled to refugee status. Visits to 
refugee camps by foreign diplomats revealed that some unregistered 
persons, many of them having returned illegally after their official 
repatriation to Burma, live in the camps and share food with relatives 
who receive rations based on the number of registered members of the 
camps. On a number of occasions, camp officials have handed some of the 
unregistered persons over to the police who sent them to prison under 
the Foreigners' Act.
    The law does not include provisions for granting refugee and asylee 
status in accordance with the provisions of the 1951 U.N. Convention 
Relating to the Status of Refugees and its 1967 Protocol. The 
Government generally cooperates with the UNHCR and other humanitarian 
organizations in assisting refugees. The law does not provide for first 
asylum or resettlement of asylum seekers. However, in practice the 
Government granted temporary asylum to individual asylum seekers whom 
the UNHCR interviewed and recognized as refugees on a case-by-case 
basis. At the request of UNHCR, the Government allowed approximately 
125 refugees and asylum seekers, including non-Rohingya Burmese, 
Somalis, Iranians, and Sri Lankans, to remain in the country pending 
durable solutions such as voluntary repatriation or resettlement to 
other countries. The Government rejected asylum petitions from one 
Indian and four Burmese nationals who were released from prison in 
February (see Section 1.d.).

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The country is a multiparty, parliamentary democracy in which 
elections by secret ballot are held on the basis of universal suffrage. 
M.P.s are elected at least every 5 years. The Parliament has 300 
elected members. Party leaders appoint candidates for elections; many 
allege that some candidates effectively ``purchase'' nomination from 
party leaders with generous campaign contributions or personal 
``gifts.''
    Under a 1996 constitutional amendment, general parliamentary 
elections are presided over by a caretaker government, led by the most 
recently retired Chief Justice of the Supreme Court. If he cannot or is 
unwilling, another senior retired justice or other neutral figure 
presides over the caretaker government. Sheikh Hasina, leader of the 
AL, was Prime Minister until Parliament's term of office expired in 
July 2001. At that time, in accordance with the Constitution, a CG was 
installed to oversee the holding of the elections and to manage the 
day-to-day operations of the Government until the next Prime Minister 
took office on October 10, 2001. Domestic and international observers 
deemed the eighth general election held on October 1, 2001 to be 
generally free and fair, in spite of sporadic violence and isolated 
irregularities. The AL president alleged ``crude rigging'' in the 
election. However, she eventually was sworn in as an M.P. and was 
subsequently elected the Leader of the Opposition in Parliament.
    The AL, which has 58 members in the 300-seat parliament boycotted 
parliament from October 2001 until June 24, alleging harassment of 
party activists and attacks on minority community members by ruling 
party supporters in different areas of the country.
    Violence, including killings and injuries, occurred both before and 
after the October 2001 election. In September an activist from the AL 
was killed as he was campaigning. Also in September, two bomb blasts 
killed at least 8 AL members and injured more than 100 others in the 
district of Bagerhat during an election rally. In response to the 
increased violence, the caretaker government deployed 50,000 troops. In 
the first 25 days of October, 266 murders and 213 rape cases related to 
post election violence were recorded around the country. Harassment of 
Hindus, including killings, rape, looting, and torture, also allegedly 
was related to post-election violence (see Sections 1.a. and 2.c.).
    In July 2000, Parliament passed the ``zilla'' (district) council 
law, which provided for indirect election of the district council 
chairman by an electoral college of elected lower level 
representatives. The law empowered the Government to appoint these 
chairmen until the indirect elections can be held to date; the 
Government has not made such appointments.
    In 1991 the Constitution was amended to change the country from a 
presidential system to a parliamentary system. The changes stipulated 
that an M.P. who resigned from his party or voted against it in 
Parliament automatically lost his seat. In practice this provision 
solidified the control of Parliament by the Government and the Prime 
Minister. The Prime Minister usually decides on major governmental 
policies, with little or no involvement by Parliament. Parliament's 
effectiveness as a deliberative body was undermined further by the 
country's relatively narrow partisan politics. Political activities 
were motivated by short-term benefits, often limited to the individual 
politician. All of the major parties have boycotted Parliament while in 
the opposition, claiming that they had little opportunity to engage in 
real debate on legislation and national issues. In August 2001, all of 
the major parties agreed that they would not boycott Parliament; 
however, the AL boycotted the first three sessions and part of the 
fourth session of the current Parliament.
    M.P.s rather than the ministers concerned head parliamentary 
committees, which potentially allowed them to effectively oversee 
government work. However, most of the parliamentary committees, 
including standing committees for 37 ministries/divisions, were yet to 
be formed. The AL has demanded that the ruling party appoint opposition 
members as chairs of at least 10 of the 48 committees. Of the seventh 
Parliament's 46 committees, an opposition M.P. chaired only one.
    On August 8, 2001 the CG passed the Representation of the People 
Amendment Ordinance that addressed much-needed election reform issues. 
The ordinance gave more independence to the Election Commission and law 
enforcement powers to specify military branches on election day. The 
Ordinance required political parties to maintain accounts and keep 
records of campaign contributions and expenses. It also codified rules 
for election observers, both international and domestic, in polling 
places. While a limited number of observers had been present in the 
polling booths during previous elections, there was no legal provision 
guaranteeing them access. Local NGOs and civil society organizations 
deployed a large number of observers for the October 2001 elections. 
The ordinance also contained a provision to expedite the process for 
adjudicating election fraud cases. At the time of the October 2001 
elections, 21 of 22 election fraud cases from the 1996 elections were 
still pending. Under the new provisions, election fraud cases are tried 
in the High Court instead of a lower level court. The Election 
Commission was working on a draft to propose more reforms giving the 
Commission additional powers to ensure transparency of the election 
process, but has not made any notable progress.
    Parliamentary by-elections in four constituencies were held in 
January, in a peaceful and generally orderly manner. Voter turnout was 
lower than normal. The AL also boycotted the April 25 elections to city 
offices in Dhaka, Khulna, and Rajshahi.
    Until April 2001, when the constitutional provision that provided 
parliamentary participation for women expired, 30 legislative seats 
were reserved for women appointed by majority vote in Parliament; 
critics charged that these seats acted far less to empower women than 
to enhance the ruling party's majority. Women were free to contest any 
seat in Parliament, and in August 2001, the AL and the BNP agreed in 
principle to add at least 60 seats, exclusively for women M.P.s to the 
existing 300 in Parliament. However, neither the BNP nor the AL had 
taken any steps to introduce this election provision during the period 
covered by this report.
    Seats were not specifically reserved for minority groups, such as 
tribal people. Members of minority groups held legislative seats. 
However, minorities were not represented proportionately. Minorities 
represented approximately 12 percent of the population and they held 
less than three percent of the Parliamentary seats.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government generally permitted human rights groups to conduct 
their activities. A wide variety of groups published reports, held 
press conferences, and issued appeals to the Government with regard to 
specific cases. While human rights groups were often sharply critical 
of the Government, they frequently practiced self-censorship, 
particularly on some politically sensitive cases and subjects. During 
the year, the Government requested that UNICEF finalize the Birth 
Registration Act in consultation with women and children's rights 
groups. In January 2000, Parliament passed the Women and Children 
Repression Prevention Act.
    In June the Government granted registration to the Bangladesh 
Section of Amnesty International, under the Societies Registration Act. 
The application was originally filed in October 1990. Registration 
allows an NGO to receive funding from abroad.
    The Government was defensive about international criticism 
regarding human rights problems. However, the Government was open to 
dialog with international organizations and foreign diplomatic missions 
regarding such issues. Despite their election pledge and repeated 
public announcements, the Government did not take action to enact 
legislation establishing an independent National Human Rights 
Commission. The previous government also failed to establish this 
commission despite repeated promises. The Government also has not taken 
any visible steps to make good its election pledge of forming an 
independent anticorruption commission.
    The Government has not taken action on its promise to replace the 
Official Secrets Act with the Right to Information Act. In April, Law 
Minister Moudud Ahmed said that a Right to Information Bill would be 
brought to Parliament in 2 months, but no bill was introduced by years 
end. Early in the year, the Government took action to bring into effect 
the decades-old Ombudsman Law, and the Law Minister announced that an 
ombudsman would be appointed soon; however, by year's end this had not 
occurred.
    The Government pressured some individual human rights advocates, 
including by filing false allegations against them or by delaying 
reentry visas for international human rights activists. Missionaries 
who advocated for human rights faced similar problems. A few human 
rights activists reported harassment by the intelligence agencies.
    From September through the end of the year the Government drafted a 
policy report regarding NGO operations inside the country, primarily 
aimed at restricting political activities by NGOs. Despite several 
statements of its impending release, the draft policy report had not 
been completed by year-end.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution states ``all citizens are equal before the law and 
are entitled to equal protection by the law''; however, in practice the 
Government did not strongly enforce laws aimed at eliminating 
discrimination. Women, children, minority groups, and persons with 
disabilities often confronted social and economic disadvantages.

    Women.--Recent reports indicated that domestic violence was 
widespread. However, violence against women was difficult to quantify 
because of unreliable statistics. A report released by the U.N. Fund 
for Population Activities (UNFPA) in September 2000 asserted that 47 
percent of adult women reported physical abuse by their male partner. 
The Government, the media, and women's rights organizations fostered a 
growing awareness of the problem of violence against women. Much of the 
violence against women was related to disputes over dowries. According 
to the report of a human rights group, there were 190 dowry-related 
killings during the year. In addition to the killings, 28 women 
committed suicide, 1 attempted suicide, 90 underwent physical torture, 
14 others were victims of acid attacks, at least 1 was divorced by her 
husband, and 2 were driven out of their husbands' houses following 
disputes over dowries during the same period.
    On May 14, a special tribunal judge in Jessore sentenced a man to 
death for beating his wife, Kohinoor, to death in January 1997 over a 
dowry dispute.
    On July 1, K.M. Rashid ``Jewel'' allegedly beat his wife Noorjahan 
Akhter Bakul following Bakul's family's failure to meet Jewel's demand 
for dowry. Seriously injured, Bakul was rushed to Dhaka Medical College 
Hospital where she died.
    On July 2, a district court in Kishoreganj sentenced Motiur Rahman 
to death for beating his wife, Hasne Ara, to death in June 1994 for her 
family's failure to meet his dowry demand.
    In May 2001, the High Court confirmed the death sentence of three 
policemen convicted of the 1995 rape and killing of a 14-year-old girl.
    The law prohibits rape and physical spousal abuse, but it makes no 
specific provision for spousal rape as a crime. According to one human 
rights organization, 1,350 women and girls were raped during the year. 
Prosecution of rapists was uneven. While some rapists received 
sentences of ``life imprisonment'' (in practice generally 22 \1/2\ 
years), other cases were settled by village arbitration councils, which 
did not have the authority to prosecute criminals and therefore only 
levied fines. Many rapes go unreported. In some cases, rape victims 
committed suicide to escape the psychological aftermath including 
social stigma. According to an NGO report, 15 rape victims committed 
suicide in the first 6 months of the year.
    According to one women's rights organization, courts sentenced 18 
rapists to death and 61 rapists to life terms in prison through mid-
August.
    In some cases, rural arbitrators punished the rape victim along 
with or instead of punishing the rapist. On February 26, a union 
council member raped an indigenous woman at Miahpara near Rajshahi. 
Village leaders later whipped the rape victim and forced her to pay a 
fine of approximately $25 (Taka 1,500).
    The Government enacted laws specifically prohibiting certain forms 
of discrimination against women, including the Dowry Prohibition Act, 
the Cruelty to Women Law, and the Women and Children Repression 
Prevention Act (see Section 1.d.). However, enforcement of these laws 
was weak, especially in rural areas, and the Government seldom 
prosecuted those cases that were filed. According to government 
sources, the Social Welfare Department runs six vagrant homes and one 
training center for destitute persons, with a total capacity of 2,300. 
In July there were 1,986 persons, including 1,075 women, in those 
facilities. In addition, the Women Affairs Department runs six 
shelters, one each in the six divisional headquarters, for abused women 
and children.
    On May 20, the Department opened a Safe Custody center in Dhaka. 
The Bangladesh National Women Lawyers' Association (BNWLA) also has two 
shelters in Dhaka, and a few other NGOs also run smaller facilities to 
provide shelter to destitute persons and distressed women and children. 
However, this was insufficient to meet victims' shelter needs; as a 
result, the Government often held women who filed rape complaints in 
``safe custody,'' usually in prison. Safe custody frequently resulted 
in further abuses against victims, discouraged the filing of complaints 
by other women, and often continued for extended periods during which 
women often were unable to gain release (see Section 1.c.).
    Human rights groups and press reports indicated that incidents of 
vigilantism against women--sometimes led by religious leaders--at times 
occurred, particularly in rural areas. These included punishments such 
as the whipping of women accused of moral offenses (see Section 2.c.).
    Acid attacks were a growing concern. Assailants throw acid in the 
faces of women and a growing number of men, leaving victims horribly 
disfigured and often blind. According to the Acid Survivors' 
Foundation, a local organization that offers assistance to acid attack 
victims, approximately 300 acid attacks occur each year. Over half of 
acid attack victims are female. The percentage of male acid attack 
victims has increased for the past three years.
    Even after extensive treatment, victims remained severely scarred, 
making social reintegration very difficult. The most common motivation 
for acid throwing attacks against women was revenge by a rejected 
suitor; land disputes are another leading cause of the acid attacks. 
Few perpetrators of the acid attacks are prosecuted. Often the 
perpetrator flings the acid in through an open window during the night, 
making cases difficult to prove.
    According to one human rights organization, 483 persons fell victim 
to acid attacks during the year, 247 women and 136 men. In the first 
eight months of the year the BNWLA pursued 26 cases involving acid 
crimes and three of them were resolved. In one case, the perpetrator 
was sentenced to death; three other perpetrators were sentenced to life 
in prison. Of approximately 750 reported assaults with acid between 
1998 and 2001, 25 perpetrators were found guilty. Of the 25 guilty 
verdicts, nine perpetrators were sentenced to death. Sentences are 
commensurate with the extent of the victim's burns.
    In March the Government enacted two laws to control the 
availability of acid and address acid violence directed towards women. 
The acid crime control law has failed to have an impact primarily 
because of lack of awareness of the law among the public and law 
enforcement personnel and because of its poor application. In 2001 351 
persons, mostly women, came under acid attacks and 153 cases were 
filed. However, the new acid crime control law provides for speedier 
prosecutions in special tribunals and generally does not allow bail for 
crimes charged under this law.
    There was extensive trafficking in women for the purpose of 
prostitution within the country and to other countries in Asia, and 
there were credible reports that police facilitated or were involved in 
trafficking (see Section 6.f.).
    For the most part, women remained in a subordinate position in 
society, and the Government had not acted effectively to protect their 
basic freedoms. Literacy rates were approximately 29 percent for women, 
compared with 52 percent for men. In recent years, female school 
enrollment had improved. Approximately 50 percent of primary and 
secondary school students were female. Women often were ignorant of 
their rights because of continued high illiteracy rates and unequal 
educational opportunities. Strong social stigmas and lack of means to 
obtain legal assistance frequently keep women from seeking redress in 
the courts. Many NGOs operated programs to raise women's awareness of 
their rights, and to encourage and assist them in exercising those 
rights. The Government also has expanded its program of incentives for 
female education by making education free for girls up to grade 12 
(approximately age 18) using a stipend system from grades six to 12. By 
comparison, boys received free education up to grade five. Prime 
Minister Khaleda Zia inaugurated a stipend program for female students 
in grades 11 and 12 on August 1 and hinted that the program might be 
expanded up to a higher level.
    Under the Muslim Family Ordinance, female heirs inherit less than 
male relatives do, and wives have fewer divorce rights than husbands. 
Men are permitted to have up to four wives, although this right was 
rarely exercised. Laws provide some protection for women against 
arbitrary divorce and the taking of additional wives by husbands 
without the first wife's consent, but the protections generally applied 
only to registered marriages. Marriages in rural areas sometimes are 
not registered because of ignorance of the law. Under the law, a Muslim 
husband is required to pay his ex-wife alimony for only 3 months, but 
this was not always paid for the required amount of time and not paid 
at all in some instances.
    Employment opportunities have been greater for women than for men 
in the last decade, largely due to the growth of the export garment 
industry in Dhaka and Chittagong. Approximately 80 percent of the 1.4 
million garment sector workers were women. Programs extending micro-
credit to rural women also have contributed to greater economic power 
for them. However, women still filled only a small fraction of other 
wage-earning jobs. According to a Public Administration Reforms 
Commission report of October 2000, women held only 12 percent of 
government jobs, and only 2 percent of senior positions. The Government 
policy to include more women in government jobs has had only limited 
effect. In recent years, approximately 15 percent of all recruits into 
government service were women. According to a government survey 
released in May 2001, women made up only 2.1 percent of the workforce 
in the Home Ministry, which is responsible for police and internal 
security and 1.77 percent of the workforce in the Ministry of Local 
government and Rural Development.
    The garment and shrimp processing industries employed the largest 
proportions of female laborers. Forty-three percent of women worked in 
the agriculture, fisheries, and livestock sectors, but 70 percent of 
them were unpaid family laborers. Many women work as manual laborers on 
construction projects as well; women constitute nearly 25 percent of 
all manufacturing workers. Women also were found in the electronics, 
food processing, beverage, and handicraft industries. Pay was generally 
comparable for men and women performing similar work.

    Children.--The Government undertook programs in the areas of 
primary education, health, and nutrition. Many of these efforts were 
supplemented by local and foreign NGOs. These joint efforts have 
allowed the country to begin making significant progress in improving 
health, nutrition, and education; however, slightly more than half of 
all children were still chronically malnourished.
    The Bangladesh Rural Advancement Committee (BRAC), the country's 
largest NGO, provided primary education to more than 1.2 million 
children. In cooperation with the Nonformal Education Directorate of 
the Government and some NGO partners, UNICEF implemented a program to 
provide education to 350,000 (primarily working) children in urban slum 
areas around the country.
    In addition, the ILO has undertaken education and social welfare 
programs for more than 50,000 children. The Government made universal 
primary education between the ages of 6 and 10 years mandatory in 1991, 
but has not implemented the law fully.
    According to Education Ministry statistics, more than 80 percent of 
children between the ages of 6 and 10 years were enrolled in school. 
Enrollment of boys and girls was roughly equal. Approximately 70 
percent of all children completed grade five. Most schools have two 
shifts. Most children in grades one and two spend 2 \1/2\ hours a day 
in school; children in grades three to five are in school for 4 hours. 
The Government provided incentives for rural female children between 
the ages of 12 and 16 years to remain in school. These incentives were 
effective in increasing the number of girls in school.
    Because of widespread poverty, many children were compelled to work 
at a very young age. This frequently results in abuse of children, 
mainly through mistreatment by employers during domestic service and 
may include servitude and prostitution; this labor-related child abuse 
occurred commonly at all levels of society and throughout the country 
(see Sections 6.c. and 6.d.). Sometimes children were seriously injured 
or killed in workplaces (see Section 6.d.). Reports from human rights 
monitors indicate that child abandonment, kidnaping, and trafficking 
continued to be serious and widespread problems. There was extensive 
trafficking of children, primarily to India, Pakistan, and destinations 
within the country, largely for the purpose of prostitution and forced 
labor (see Section 6.f.).
    According to a report published by the Government news agency BSS 
on September 5 there were about 400,000 homeless children in the 
country; as many as 150,000 of whom have no knowledge of their parents.
    UNICEF estimated that there are approximately 10,000 child 
prostitutes in the country; other estimates have been as high as 
29,000. Prostitution is legal, but only for those over 18 years of age 
and with government certification. However, this minimum age 
requirement commonly is ignored by authorities, and is circumvented 
easily by false statements of age. Procurers of minors rarely were 
prosecuted, and large numbers of child prostitutes worked in brothels.
    Few facilities existed for children whose parents are incarcerated. 
According to one NGO, about 1,200 children under 16 years of age were 
in prisons throughout the country as of September.
    According to a children's rights organization, 538 children were 
abducted during the year. Abductors killed at least two of the children 
when their guardians' failed to meet demands for ransom. In one case, a 
district court in Dhaka sentenced an abductor to death. According to 
this organization, nearly 1,500 children suffered unnatural deaths 
during the year.

    Persons with Disabilities.--The law provides for equal treatment 
and freedom from discrimination for persons with disabilities; however, 
in practice, persons with disabilities faced social and economic 
discrimination. The Bangladesh Persons with Disability Welfare Act of 
2001 provides for equal rights for disabled persons. The act focuses on 
prevention of disability, treatment, education, rehabilitation and 
employment, transport accessibility and advocacy. Government facilities 
for treating persons with mental handicaps were inadequate.
    According to the National Forum of Organizations Working With the 
Disabled, an umbrella organization consisting of more than 80 NGOs 
working in various fields of disability, approximately 14 percent of 
the country's population had some form of disability. The economic 
condition of most families limited their ability to assist with the 
special needs of a person with disabilities, and superstition and fear 
of persons with disabilities in society sometimes resulted in their 
isolation.
    However, there have been a number of private initiatives in the 
areas of medical and vocational rehabilitation, as well as employment 
of persons with disabilities. The Center for Rehabilitation of the 
Paralyzed, a privately-funded facility, provided both in-patient and 
out-patient medical services for both children and adults with various 
physical disabilities, and an educational facility for training 
professionals specializing in treating persons with disabilities. It 
ran a model village to enable the disabled to adjust to village life 
before reintegration, helped to integrate residents back into society 
and provided vocational training, micro-credits, and employment 
generation opportunities. The Center also offered advocacy, networking, 
and accident prevention programs. In addition, The Center was also 
involved with a 3-year research project to develop policies to ensure a 
safe and healthy workplace environment in the country. It focused on 
identification of high-risk work sites, developing a database for work-
related injuries, and developing a network of spinal cord lesion 
management service providers. Some employers, both in the private for-
profit and nonprofit sectors, have hired individuals with hearing 
impairments and physical disabilities for professional and 
nonprofessional positions, including as clerical workers, therapists, 
trainers, and computer-aided design operators.

    Indigenous Persons.--Tribal people have had a marginal ability to 
influence decisions concerning the use of their lands. The 1997 
Chittagong Hill Tracts (CHT) Peace Accord ended 25 years of insurgency 
in the CHT, although law and order problems continued. The Land 
Commission that is to deal with land disputes between tribal 
individuals and Bengali settlers did not function effectively in 
addressing critical land disputes. Tribal leaders also expressed 
disappointment at the lack of progress in providing assistance to 
tribals who left the area during the insurgency.
    Until 1985 the Government regularly allotted land in the CHT to 
non-tribal Bangladeshi settlers, including land that was claimed by 
indigenous people under traditional concepts of land ownership. This 
led to the displacement of many tribal groups, such as the Chakmas and 
Marmas. Bangladeshi inhabitants in the CHT increased from 3 percent of 
the region's population in 1947 to approximately 50 percent of the 
area's 1 million persons in 1997. The Shanti-Bahini, a tribal group, 
waged a low-level conflict in the CHT from the early 1970s until the 
signing of the CHT Peace Accord with the Government in December 1997. 
During the periods of violence, all of those involved, including 
indigenous tribes, settlers, and security forces, accused each other of 
human rights violations. Such accusations continue to this day.
    The terms of the 1997 pact provided for a strong local government, 
consisting of mostly tribal representatives; reduction of the military 
presence in the CHT region; and a substantial compensation package for 
displaced tribal families. Under the pact, the Government established a 
Land Commission to deal with land disputes between Bangladeshis and 
tribals. According to the Peace Accord, the Commission's verdict was to 
be final and appeal would not be possible; however, until July 2001 
there was no legal basis for the Commission. Moreover, tribal leaders 
continued to express disappointment in the lack of progress in 
providing assistance to tribals who left the area during the 
insurgency. Shantu Larma, the former insurgent leader, held talks with 
the Prime Minister in April and with the Law Minister in July to 
discuss implementation of the Peace Accord, setting up of district 
courts in the three hill districts, and ways to improve law and order.
    Extortion and kidnaping for ransom were rampant in the CHT. On 
January 19, alleged members of United People's Democratic Front (UPDF) 
abducted three persons in Matiranga in the sub-district of 
Khagrachhari. On February 13 armed youths kidnaped 10 businessmen. A 
committee formed by the local administration negotiated the release of 
eight victims on February 21. On February 13, the kidnapers of two 
businessmen who were abducted from Naniarchar received a ransom payment 
and released their victims. On July 19, alleged UPDF members kidnaped 
two jeep drivers from near Tarabunia Bridge in Rangamati and demanded 
ransom. On August 3, masked men said to be from a rival tribal group 
kidnaped six tribal persons, shooting and killing them on the bank of 
the Shongu River in Bandarban district.
    In February 2001, three foreign engineers were abducted at gunpoint 
from a road in Rangamati District in the CHT. After their release in 
March of 2001 one of the hostages told a newspaper reporter that one of 
his abductors had confided that the motive was not political but 
rather, they wanted money for the benefit of Chakma people. Donor-
assisted development activities in the CHT came to a halt following 
this incident.
    Beginning June 1, a mission comprising government representatives 
and donor agencies under the coordination of the United National 
Development Program (UNDP) carried out an 11-day assessment of the CHT 
security situation and the possibility of renewed development 
assistance. In its report, the mission said kidnapings and extortion of 
development workers had continued, mostly due to regional party 
conflicts and extortion rackets. The mission report further stated that 
the security situation throughout most of the region was good enough to 
resume development assistance. However, tribal and non-tribal 
differences, unresolved issues relating to land, elections, and the law 
and order situation all continued to create tension and the potential 
for conflicts.
    In June 2001, an alleged tribal member killed a Bangladeshi truck 
driver in Khagrachhari District in the CHT. Bangladeshis formed a 
procession to protest the killing and to demand action against those 
responsible. A bomb exploded during the procession. Clashes between 
Bangladeshis and tribals ensued, injuring 18 persons, including 1 
policeman. Bangladeshis later set fire to more than 100 houses 
belonging to tribals. The Government imposed provisions of Section 144 
of the Penal Code, which permitted arrest for unlawful assemblies that 
threatened public safety. Police arrested 6 tribals in connection with 
the murder of the truck driver, and 15 others for arson.
    According to one human rights organization, in August 2000, some 
Bangladeshis allegedly killed Alfred Soren, a leader of the Santal 
tribe over a land dispute. Although ninety-one persons were accused of 
involvement in the attack, four were arrested. In February 2001, the 
Government paid approximately $926 (Taka 50,000) in compensation to 
Soren's family and approximately $185 (Taka 10,000) to each of the 
families of nine injured persons.
    Tribal people in other areas have also reported problems of loss of 
land to Bengali Muslims. The Garos of the Modhupur forest region 
continued to face problems in maintaining their cultural traditions and 
livelihoods in the face of deforestation and encroachment. The pressure 
on the Garo community had resulted in greater migration to urban areas 
and to the Indian state of Meghalaya, threatening the existence of 
16,000 persons.
    On Easter Sunday 2001, the Forestry Department inaugurated an eco-
park on the lands inhabited by the predominantly Christian Khasi 
tribals in Mouluvibazar. Although indigenous Khasis had lived on these 
lands for generations, the Government did not recognize their 
ownership. The Government claimed ownership and stated that the Khasis 
were occupying the land illegally. The Government did not undertake any 
activities to implement the eco-park project this year, but the project 
has not been officially cancelled.
    On July 21, Forest Department officials evicted the Khasi members 
living in a village in Moulvibazar. On July 26, Forest Department 
guards shot and killed a Khasi member, Abinash, and injured 10 others 
in an attempt to evict the Khasis after they had returned to the 
village. Two Forest Department guards sustained arrow wounds. At year's 
end, police did not arrest anyone in connection with the killing.
    In April 2001, in a clash over land between Khasi and Bengalis in 
Moulavibazar, 1 person died and 10 were injured. Later in 2001 a group 
of 50 to 60 Bengalis led by a former union council member attacked a 
Khasi village. Fifty persons, mostly Khasi, were injured in the attack.

Section 6. Worker Rights

    a. The Right of Association.--The Constitution provides for the 
right to join unions and--with government approval--the right to form a 
union; however the Government did not always respect this right in 
practice. The total work force was approximately 58 million persons, of 
whom 1.8 million belonged to unions, most of which were affiliated with 
political parties. There were no reliable labor statistics for the 
large informal sector, in which the vast majority (75 to 80 percent) of 
citizens worked.
    A workplace requires 30 percent union participation for union 
registration. Moreover, would-be unionists technically were forbidden 
to engage in many activities prior to registration, and legally are not 
protected from employer retaliation during this period. Labor activists 
have protested that this requirement severely restricted workers' 
freedom to organize, particularly in small enterprises and the private 
sector, and the International Labor Organization (ILO) has requested 
the Government to amend the 30 percent provision. The ILO also had 
requested that the Government amend provisions that bar registration of 
a union composed of workers from different workplaces owned by 
different employers. An estimated 15 percent of the approximately 5,450 
labor unions were affiliated with 25 officially registered National 
Trade Union (NTU) centers. There were also several unregistered NTUs.
    Railway, postal, telegraph, and telephone department workers may 
join unions; other civil servants, police, and military personnel were 
forbidden to join unions in large part because of the highly political 
nature of those unions. Many civil servants who were forbidden to join 
unions, such as teachers and nurses, formed associations that performed 
functions similar to labor unions, such as providing for members' 
welfare, offering legal services, and airing grievances. Some workers 
formed unregistered unions, particularly university employees and 
workers in the construction and transport (both public and private) 
industries.
    In 1999 the ILO Committee of Experts stated that the Government's 
rejections of several applications for registration by trade unions in 
the textile, metal, and garment sectors was unjustified. The Ministry 
of Labor contended that these cases lacked the necessary documentation.
    There were no legal restrictions on political activities by labor 
unions, although the calling of nationwide hartals or transportation 
blockades by unions was considered a criminal rather than a political 
act and was forbidden.
    Unions were highly politicized, and were strongest in state-owned 
enterprises and in such institutions as the Government-run port in 
Chittagong. Virtually all the NTU centers were affiliated with 
political parties. Some unions engaged in intimidation and vandalism. 
Fighting often was over the control of rackets or extortion payoffs and 
typically involved knives, guns, and homemade bombs. According to the 
ICFTU, Iqbal Majumder, the General Secretary of the Workers Trade Union 
Federation was shot dead on August 2, 2001.
    Workers were eligible for membership on their union's executive 
staff, the size of which is set by law in proportion to the number of 
union members. The Registrar of Trade Unions may cancel registration of 
a union with the concurrence of the Labor Court, but no such actions 
were known to have taken place during the year.
    There were provisions in the Industrial Relations Ordinance for the 
immunity of registered unions or union officers from civil liability. 
Enforcement of these provisions was uneven. In past illegal work 
actions, such as transportation blockades, police officers had arrested 
union members under the SPA or regular criminal codes.
    There were no restrictions on affiliation with international labor 
organizations, and unions and federations maintained a variety of such 
links. Trade unionists are required to obtain government clearance to 
travel to ILO meetings, but there were no reports that clearances were 
denied during the year.
    In a November report, the ILO Committee on Freedom of Association 
reviewed complaints that the president and other members of the 
Bangladesh Diploma Nurses Association had been harassed and persecuted 
on trade union activities. According to the ILO, Taposhi Bhattacharee 
was suspended from her hospital post because of alleged participation 
in an illegal October 2001 meeting.
    The ILO Committee of Experts Report on ILO Freedom of Association 
noted certain exclusions from the Industrial Relations Ordinance, 
restrictions regarding membership in unions and election of union 
officials, restrictions on activities of public servants' associations, 
right to organize and bargain collectively in export processing zones, 
and restrictions on the right to strike.

    b. The Right to Organize and Bargain Collectively.--Under the 
Industrial Relations Ordinance, there is considerable leeway for 
discrimination against union members and organizers by employers. For 
example, the ordinance allows the arbitrary transfer of workers 
suspected of union activities or termination with payment of mandatory 
severance benefits (2 weeks salary). In practice private sector 
employers usually discouraged any union activity, sometimes working in 
collaboration with local police.
    The Registrar of Trade Unions rules on discrimination complaints. 
In a number of cases, the Labor Court ordered the reinstatement of 
workers fired for union activities. However, the Labor Court's overall 
effectiveness was hampered by a serious case backlog, and in the past 
there had been allegations that employers had corrupted some of its 
deliberations.
    Collective bargaining by workers is legal on the condition that 
unions legally registered as collective bargaining agents by the 
Registrar of Trade Unions represent them. Labor unions were affiliated 
with the various political parties; therefore, each industry generally 
had more than one labor union (one or more for each political party). 
To engage in collective bargaining, each union must nominate 
representatives to a Collective Bargaining Authority (CBA) committee, 
which the Registrar of Trade Unions must approve after reviewing the 
selection process. Collective bargaining occurred on occasion in large 
private enterprises such as pharmaceuticals, jute, or textiles but 
because of high unemployment, workers may forgo collective bargaining 
due to concerns over job security. Collective bargaining in small 
private enterprises generally did not occur. The International 
Confederation of Free Trade Unions (ICFTU) had criticized the country 
for what it viewed as legal impediments that hampered such bargaining.
    Public sector workers' pay levels and the National Pay and Wages 
Commission, whose recommendations were binding and may not be disputed 
except on the issue of implementation, set other benefits.
    The right to strike is not recognized specifically in the law, but 
strikes were a common form of workers' protest. In addition, political 
opposition parties used general strikes to pressure the Government to 
meet political demands. Workers at Chittagong port, the country's major 
harbor, conducted several work stoppages to protest a proposed new 
private container port. The process of conducting work stoppages was 
habitual until the Government designated this sector as essential 
during the year. Some employees organized in professional associations 
or unregistered unions also went on strike during the year. Wildcat 
strikes are illegal but did occur, with varying government responses. 
Wildcat strikes in the transportation sector were particularly common.
    The Essential Services Ordinance of 1958 permitted the Government 
to bar strikes for 3 months in any sector that it declared essential. 
During the year, the Government applied this to the Power Development 
Board, the Dhaka Electric Supply Authority, Chittagong Port, and nine 
companies in the gas and energy sectors. In the past, the Government 
had applied this ban to national airline pilots, water supply workers, 
and shipping employees. The ban may be renewed for 3-month periods. The 
Government is empowered to prohibit a strike or lockout at any time 
before or after the strike or lockout begins and to refer the dispute 
to the Labor Court.
    Mechanisms for conciliation, arbitration, and labor court dispute 
resolution were established under the Industrial Relations Ordinance. 
Workers have the right to strike in the event of a failure to settle. 
If the strike lasts 30 days or longer, the Government may prohibit it 
and refer the dispute to the Labor Court for adjudication, although 
this has not happened in recent years. The ILO has criticized the 
provisions of the Industrial Relations Ordinance that require three-
quarters of a worker's organization to consent to a strike and that 
grant the Government authority to prohibit a strike at any time.
    The country's five Export Processing Zones (EPZs) were exempt from 
the application of the Employment of Labor (Standing Orders) Act, the 
Industrial Relations Ordinance, and the Factories Act. These laws 
established the freedom of association and the right to bargain 
collectively, and set forth wage, hour, and occupational safety and 
health standards. While substitutes for some of the provisions of these 
laws were implemented through EPZ regulations, which the Bangladesh EPZ 
Authority is charged with enforcing, professional and industry-based 
unions are prohibited in the zones. A small number of workers in the 
EPZs skirted prohibitions on forming unions by setting up associations. 
The Bangladesh Export Processing Zone Authority (BEPZA) reported that 
workers selected representatives for workers' welfare committees and 
dispute resolution tribunals, each intended to provide workers and 
managers more experience in resolving workplace disputes. In 2000 the 
Government pledged to apply all sections of the labor law to the EPZs 
by January 1, 2004.
    According to BEPZA there were approximately 44,000 persons employed 
in EPZs in Dhaka, 76,000 in Chittagong, and 1,400 in other areas. The 
ILO, in its 2001 report on the application of International Labor 
Conventions, deplored the lack of progress and discrepancies between 
legislation and certain ILO Conventions, including freedom of 
association and collective bargaining. During the year, the ILO 
Committee of Experts Report noted that there were particular problems 
with voluntary bargaining in the private sector, a lack of legal 
protection against acts of interference, and a denial of protection 
against anti-union discrimination and the right to bargain 
collectively.

    c. Prohibition of Forced or Bonded Labor.--The Constitution 
prohibits forced or bonded labor, including that performed by children; 
however, the Government did not enforce this prohibition effectively. 
The Factories Act and Shops and Establishments Act established 
inspection mechanisms to enforce laws against forced labor; however, 
these laws were not enforced rigorously, partly because resources for 
enforcement were scarce. There was no bonded or forced labor in large-
scale enterprises; however, numerous domestic servants, including many 
children worked in conditions that resembled servitude and many 
suffered physical abuse, sometimes resulting in death. A local NGO 
released a study of various forms of violence against domestic workers 
in 2001. The study found that 7 children were tortured, 3 died from 
physical torture, 2 were raped, and 19 were otherwise victimized. In 
the past, the Government has brought criminal charges against employers 
who abuse domestic servants; however, many impoverished families 
settled for financial compensation.
    In 2000 the ILO noted that certain provisions of the Penal Code, 
the Special Powers Act, the Industrial Relations Ordinance, and the 
Control of Employment Ordinance, allowed for the imposition of forced 
labor as punishment for expressing political views or views opposed to 
the established political system, as a punishment for various breaches 
of labor discipline, and as punishment for participating in strikes in 
a wide range of circumstances. For example, sentences of up to 14 years 
of forced labor can be imposed for offenses such as ``obstruction of 
transport,'' a commonly used tactic in strikes. In addition, under the 
Merchant Shipping Ordinance, seafarers may be forced on board ship to 
perform their duties. There were no reports of the use of these 
provisions during the year.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--There is no law that uniformly prohibits the employment of 
children, and child labor was a serious problem. Some laws prohibit 
labor by children in certain sectors. The Factories Act bars children 
under the age of 14 from working in factories. This law also stipulates 
that children and adolescents are allowed to work only a maximum 5-hour 
day and only between the hours of 7 a.m. and 7 p.m. The Shops and 
Establishments Act prohibits the employment of children younger than 
the age of 12 in commercial workplaces. The Employment of Children Act 
prohibited the employment of children under the age of 15 in the 
railways or in goods' handling within ports.
    Because of widespread poverty, many children began to work at a 
very young age. The Government estimated that approximately 6.6 million 
children between the ages of 5 and 14 years worked. Working children 
were found in 200 different types of activities, of which 49 were 
regarded as harmful to children's physical and mental well being. 
Sometimes children were seriously injured or killed in workplaces.
    For example, in October a 12-year old domestic servant was severely 
beaten and locked in the toilet for taking a spoon of milk without 
permission. Also in October, a 14-year old girl was taken to the 
hospital for burns and other injuries following severe beatings by her 
employer. There were no reports of deaths of children domestic workers 
although there were some of adult domestic workers. A November 2000 
garment factory fire resulted in the death of 10 child workers.
    Children often worked alongside other family members in small-scale 
and subsistence agriculture. Hours usually were long, the pay usually 
was low, and the conditions were sometimes hazardous. Children drove 
rickshaws; broke bricks at construction sites; carried fruit, 
vegetables, and dry goods for shoppers at markets; worked at tea 
stalls; and worked in the shrimp processing industry as ``fry 
catchers'', depot workers, and de-headers. Many children worked in the 
beedi (hand-rolled cigarette) industry, and children under 18 years old 
sometimes worked in hazardous circumstances in the leather industry. 
Children routinely performed domestic work. In the past, the Government 
brought criminal charges against employers who abused domestic 
servants. Under the law, every child must attend school through the 
fifth grade, or the age of 10 years. However, there was no effective 
mechanism to enforce this provision.
    There was virtually no enforcement of child labor law enforcement 
outside the export garment sector. Penalties for child labor violations 
were nominal fines ranging from about $4 to $10 (Taka 228 to 570). The 
Ministry of Labor had fewer than 110 inspectors to monitor 180,000 
registered factories and establishments. These inspectors were charged 
with enforcing labor laws pertaining to more than 1.5 million workers. 
Most child workers were employed in agriculture and other informal 
sectors, where no government oversight occurred.
    The Bangladesh Garment Manufacturers' and Exporters Association 
(BGMEA) inspects member factories to eliminate child labor in the 
garment sector. Among the 3,340 garment factories they inspected during 
the year, the team found 71 member factories employing a total of 155 
children. According to the ICFTU, there was a significant reduction of 
child labor in the garment industry; while 43 percent of exporting 
factories used child labor in 1995, by 2001, the figure had fallen 5 
percent. The BGMEA fined each factory about $100 (Taka 5,700). Former 
child employees were also offered a small monthly stipend to help 
replace their lost income while attending UNICEF-sponsored schools.
    In cooperation with the Non-Formal Education Directorate of the 
Government and some NGO partners, UNICEF implemented a ``hard-to-
reach'' program to provide education to 350,000 (primarily working) 
children in urban slum areas around the country. Working with the 
Government, NGOs, and some trade unions, International Program for the 
Elimination of Child Labor (ILO/IPEC) had 20 action programs, targeting 
approximately 6,000 children working in hazardous conditions, designed 
to ensure that children received an education, rather than removing 
children from work. The largest ILO project focused on children working 
in hazardous occupations, ranging from exposure to chemicals and other 
harmful substances to long tedious working hours. The first phase of 
the project began in August 2001. Aimed at removing 30,000 children 
from hazardous occupations and preventing another 15,000 younger 
siblings from taking their place, the project focused on the beedi 
industry, the construction sector, leather tanneries, match factories, 
and the domestic work sector. The ILO has contracted with 24 NGO 
partners to create child labor monitoring community resource centers. 
So far, over 18,000 working children are attending non-formal education 
classes and 2,000 have been mainstreamed to formal schools. 1,681 have 
been withdrawn from hazardous work while 6 beedi factories have signed 
memoranda of understanding with the local communities declaring 
themselves ``child labor free.''
    The Constitution prohibits forced or bonded labor, including that 
performed by children; however, the Government did not enforce this 
prohibition effectively.

    e. Acceptable Conditions of Work.--There was no national minimum 
wage. Instead, the Wage Commission, which convenes every several years, 
sets wages and benefits industry by industry, using a range based on 
skill level. In most cases, private sector employers ignored this wage 
structure. For example, in the garment industry, many factories did not 
pay legal minimum wages, and it was common for workers of smaller 
factories to experience delays in receiving their pay or to receive 
``trainee'' wages well past the maximum 3 months. According to the 
ICFTU, an international trade union study from February 2001 indicated 
that 21.7 percent of textile workers in the country earned the minimum 
wage. Wages in the EPZs were generally higher than outside the zones. 
The declared minimum monthly wage for a skilled industrial worker was 
approximately $63 (Taka 3,400) for a worker in an EPZ and approximately 
$49 (Taka 2,650) for a worker outside an EPZ. This was sufficient to 
provide an individual with a minimal standard of living, but was not 
sufficient to provide a decent standard of living for a worker and 
family.
    The law sets a standard 48-hour workweek with 1 day off mandated. A 
60-hour workweek, inclusive of a maximum 12 hours of overtime, was 
allowed. The law was enforced poorly in industries such as hosiery and 
ready-made garments.
    The Factories Act nominally sets occupational health and safety 
standards. The law is comprehensive but largely was ignored by 
employers. For example, there are many fire safety violations in the 
garment industry. Many factories were located in structures that were 
not designed adequately for industrial use, nor for the easy evacuation 
of large work forces. In November 2000, 48 garment workers, including 
10 children, were killed and more than 100 persons were injured when 
they were unable to escape from a factory fire due to locked exits.
    In August 2001, 18 garment workers were trampled to death because 
an exit gate jammed as they were fleeing a factory after a fire alarm. 
Workers may resort to legal action for enforcement of the law's 
provisions, but few cases actually were prosecuted. Enforcement by the 
Labor Ministry's industrial inspectors was weak, due both to the low 
number of labor inspectors, and to endemic corruption and inefficiency 
among inspectors. Due to a high unemployment rate and inadequate 
enforcement of the laws, workers demanding correction of dangerous 
working conditions or refusing to participate in perceived dangerous 
activities risked losing their jobs.

    f. Trafficking in Persons.--The law prohibits trafficking in 
persons; however, trafficking was a serious problem. There was 
extensive trafficking in both women and children, primarily to India, 
Pakistan, and destinations within the country, mainly for the purpose 
of prostitution and in some instances for labor servitude. Some 
children also were trafficked to the Middle East to be used as camel 
jockeys.
    Trafficking in children for immoral or illegal purposes carries the 
death penalty or life imprisonment. However, few perpetrators were 
punished. Besides law enforcement agencies, a number of NGOs, including 
BNWLA, Odhikar, ACD, Ahasania Mission and INCIDIN, recovered and 
assisted victims of trafficking. In the first six months of the year, 
law enforcement agencies rescued 103 victims while the BNMLA rescued 25 
victims from inside the country and 14 others from outside the country. 
During this period, 163 alleged traffickers were arrested and detained 
in prisons. The BNMLA conducted 129 cases related to trafficking in 
women and children and 23 traffickers were convicted in nine cases 
resolved in the first half of the year.
    The number of persons arrested for trafficking was difficult to 
obtain as charges against traffickers usually are for lesser crimes, 
such as crossing borders without proper documents. A September 6 
newspaper report quoting statistics from the Center for Women and 
Children Studies (CWCS) said only 1 percent of trafficked children and 
55 percent of kidnaped children were rescued between January 2000 and 
June. According to CWCS most trafficked boys were under 10 years of age 
while most trafficked girls were between 11-16 years old.
    The Government developed a set of policies and plans regarding the 
trafficking issue, and initiated a program across a number of 
ministries to address the problem. Arrests and prosecutions increased 
significantly and a major national anti-trafficking prevention campaign 
was launched to increase awareness of the problem among vulnerable 
groups. However, government capacity to address this issue remained 
limited. Government projects included conducting awareness campaigns, 
research, lobbying, and rescue and rehabilitation programs. While the 
Government provided support for returning trafficking victims, 
government-run shelters were generally inadequate and poorly run.
    In June 2000, the Government signed a 3-year, approximately $2 
million (Taka 108 million) project with the Norwegian government aid 
organization, NORAD, to develop an interministerial infrastructure for 
addressing the trafficking problem. This project, based in the 
Department of Women and Children's Affairs, was intended to be the 
focal point for addressing the prosecution, protection, and prevention 
activities carried out by the Government. A goal of the project was for 
the Government to become more involved in arresting and prosecuting 
traffickers. However, because the Government did not keep records of 
births and marriages at the village level, it was very difficult for 
authorities to detect false claims of marriage or family ties. Despite 
this, there was some prosecution of these cases. Increasing shelter 
capacity and rehabilitation programs was another feature of the NORAD 
project.
    The exact number of women and children trafficked was unknown; 
however, human rights monitors estimated that more than 20,000 women 
and children were trafficked annually from the country for the purpose 
of prostitution. Most trafficked persons were lured by promises of good 
jobs or marriage, and some were forced into involuntary servitude 
outside of the country. Parents sometimes willingly sent their children 
away to escape poverty. Unwed mothers, orphans, and others outside of 
the normal family support system were also susceptible. Traffickers 
living abroad often arrived in a village to ``marry'' a woman, only to 
dispose of her upon arrival in the destination country, where women 
were sold by their new ``friends'' or ``husbands'' into bonded labor, 
menial jobs, or prostitution. Criminal gangs conducted some of the 
trafficking. The border with India was loosely controlled, especially 
around Jessore and Benapole, making illegal border crossings easy.
    The number of child prostitutes was difficult to determine. 
Prostitution is legal, but only for persons over 18 years of age with 
government certification; however, this minimum age requirement 
commonly was ignored by authorities, and was circumvented easily by 
false statements of age. Procurers of minors rarely were prosecuted, 
and large numbers of child prostitutes worked in brothels. Trafficking 
in women for purposes of prostitution carries a sentence varying from 
10 years in prison to the death penalty. Human rights monitors also 
credibly reported that police and local government officials often 
ignored trafficking in women and children for prostitution, and were 
easily bribed to look the other way (see Sections 1.c. and 5).
    Children, usually young boys, also were trafficked into the Middle 
East to work as camel jockeys. It was estimated that there were 
anywhere from 100 to more than 1,000 underage South Asian camel jockeys 
working in the United Arab Emirates (UAE) alone; while many come from 
India and Pakistan, a growing number came from the country. Criminal 
gangs procured most of the youths. The majority of such children worked 
with the knowledge of their parents, who received as much as 
approximately $200 (Taka 10,000) for their child's labor, although a 
significant minority simply were kidnaped. The gangs bringing the 
jockeys earned approximately $150 (Taka 7,500) per month from the labor 
of each child. The usual procedure used was to add the children's names 
to the passport of a Bangladeshi or Indian woman who already has a visa 
for the Middle East. During the year, police made arrests in several 
incidents for trafficking in young boys to the Middle East and at 
year's end these cases were pending before the courts.
    There were credible reports that police facilitated trafficking of 
women and children. When perpetrators were caught trafficking persons 
across the border, police involvement was low level, consisting 
primarily of falsifying documents with statements like ``passport 
fraud'' rather than ``trafficking.'' The law stipulates a maximum 
sentence of life imprisonment for persons found guilty of trafficking a 
child into prostitution.
    Many NGOs and community-based organizations are working on the 
trafficking problem through prevention efforts, research, data 
collection, documentation, advocacy, awareness creation and networking, 
crossborder collaboration, legal enforcement, rescue, rehabilitation, 
reintegration, income generation and low-interest loan programs, 
vocational training, and legislative reform.
    Action Against Trafficking and Sexual Exploitation of Children 
(ATSEC), a national antitrafficking network, recently began to 
implement several antitrafficking activities. These activities included 
linking NGOs and government entities into a strong partnership, 
establishing a focal point for moving the national antitrafficking 
agenda forward, establishing a resource center to disseminate data on 
the subject, and providing technical support to grassroots 
organizations. In addition, ATSEC developed culturally sensitive 
prevention and awareness messages that will reach persons at the 
community level. The program has developed and tested materials used 
for a national campaign using all media. This included conducting 
awareness-raising workshops and meetings at all levels, launching 
school programs, establishing a mobile campaign throughout the country, 
and launching an advertising campaign in border areas.
    The Association for Community Development conducted a study on 
trafficking issues and conducted workshops and outreach programs aimed 
at reaching potential victims of trafficking before they are 
trafficked. The BNWLA conducted awareness programs aimed at alerting 
poor persons to the dangers of trafficking through leaflets, stickers, 
and posters. The BNWLA also provided legal assistance to trafficking 
victims, and initiated legal action against traffickers. The BNWLA ran 
a shelter home for trafficked women and children that provided health 
care, counseling, and training. CWCS monitored trafficking across the 
country, conducted awareness meetings, and had a pilot project to make 
police aware of the rights of women and children. Awareness of 
trafficking is increasing, and the topic received frequent press 
coverage. Two umbrella organizations of antitrafficking NGOs existed 
and sought to improve coordination and planning of efforts against the 
problem.
    Over the past year a number of important breakthroughs have been 
made in the trafficking sector. All of the major actors, including the 
Government, have come together to develop a common, unified umbrella 
program. In addition, agencies have developed a proposed plan of action 
to address the trafficking issue regionally.
                               __________

                                 BHUTAN

    Bhutan is ruled by a hereditary monarch, King Jigme Singye 
Wangchuk, who governs with the support of a National Assembly, a 
Cabinet, a Council of Ministers (the Royal Advisory Council), and the 
Monastic Body, a 5,000-member body that is headed by four 
representatives with the consent of the King. There is no written 
constitution to protect fundamental political and human rights; 
however, during the year a constitution was being drafted and debated 
by the National Assembly. In recent years, the Government has adopted 
some measures to increase the power of the National Assembly. Since 
ascending to the throne in 1972, the King has continued the efforts 
toward social and political modernization begun by his father. In the 
last few years, the Government has improved rapidly services in 
education, health care, sanitation, and communications, with parallel 
but slower development of representative governance and decisionmaking. 
The judiciary is not independent of the King.
    The Royal Bhutan Police (RBP), assisted by the Royal Bhutan Army 
(including those assigned to the Royal Body Guard), and a national 
militia maintain internal security. Some members of these forces 
committed human rights abuses.
    The economy is predominately a government-controlled economy. It is 
based on agriculture and forestry, which provide the main livelihood 
for 90 percent of the population and account for approximately half of 
the gross domestic product (GDP); the population is 698,950. 
Agriculture largely consists of subsistence farming and animal 
husbandry. Citrus fruit, cardamom, and other spices are the leading 
agricultural exports. Cement and electricity are the other important 
exports. Strong trade and monetary ties link the economy closely to 
that of India. Income distribution remained very unequal, with the 
approximately 10 percent of the population receiving about 70 percent 
of the national income. Hydroelectric power production potential and 
tourism are key resources, although the Government limits tourism 
because of inadequate infrastructure and environmental and cultural 
concerns. Tourist arrivals also are limited by a requirement that 
tourists purchase a high priced minimum daily rate holiday package 
before visiting the country. Visas are required of all persons other 
than Indian nationals. Unemployment for the population under the age of 
20 increased during the year.
    The Government's human rights record remained poor, and problems 
remained in several areas. Citizens do not have the right to change 
their government, although citizens voted for 105 out of the 150 
representatives in the National Assembly during the year. The King 
exercised strong, active, and direct power over the Government. The 
Government prohibits political parties, and none operate legally. 
Arbitrary arrest and detention remained problems, and reports continued 
of torture and abuse of detainees. Impunity for those who commit abuses 
also was a problem. Judges serve at the King's pleasure, and the 
Government limited significantly the right to a fair trial. In April 
2000, the Government established the Department of Legal Affairs. 
Programs to build a body of written law and to train lawyers were 
progressing. The Government limited significantly citizens' right to 
privacy. The Government restricted freedom of speech, press, assembly, 
and association. Citizens faced limitations on freedom of religion. 
Approximately three-fourths of population is composed of Buddhists with 
cultural traditions akin to those of Tibet. The Buddhist majority 
consisted of two principal ethnic and linguistic groups: The Ngalongs 
of the western part of the country and the Sharchops of the eastern 
part of the country. The remaining one fourth of the population, ethnic 
Nepalese, most of whom are Hindus, primarily live in the country's 
southern districts. Government efforts to institute policies designed 
to preserve the cultural dominance of the Ngalong ethnic group, to 
change citizenship requirements, and to control illegal immigration 
resulted in political protests, ethnic conflict, and repression of 
ethnic Nepalese in southern districts during the late 1980s and early 
1990s. Since 1998 the Government began resettling Buddhist Bhutanese 
from other regions of the country on land in southern districts vacated 
by the ethnic Nepalese living in refugee camps in Nepal, which is 
likely to complicate any future return of the ethnic Nepalese.
    Tens of thousands of ethnic Nepalese left the country in 1991-92, 
many of whom were expelled forcibly. According to the U.N. High 
Commissioner for Refugees (UNHCR), as of March, 101,160 ethnic Nepalese 
remained in 7 refugee camps in eastern Nepal; upwards of 15,000 reside 
outside of the camps in the Indian states of Assam and West Bengal. The 
Government maintained that some of those in the camps never were 
citizens, and therefore have no right to return. The Government 
continued its negotiation with the Government of Nepal on repatriation 
of ethnic Nepalese in the refugee camps. A bilateral meeting of Foreign 
Secretaries in November 2001 failed to resolve disputes concerning the 
categorization of refugees in terms of eligibility for their eventual 
repatriation. The Government restricted worker rights.
    The Government claimed that it has prosecuted government personnel 
for unspecified abuses committed in the early 1990s; however, there is 
little indication that the Government has investigated adequately or 
punished any security force officials involved in torture, rape, and 
other abuses committed against ethnic Nepalese residents.

                        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 arbitrary or unlawful deprivations of life committed by the 
Government or its agents.
    Domestic human rights groups alleged that the Government has taken 
no action to punish a government official for the 1998 killing of 
Buddhist monk Gomchen Karma. The Government stated that the shooting 
was accidental and that the official responsible has been suspended 
from duty and charged in connection with the incident. The opposition 
Druk National Congress claimed that the official responsible reportedly 
was forced to resign from his government job; however, he was never 
tried.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The laws proscribe torture and abuse in general; however, 
human rights advocates stated that in practice the security forces 
ignored these provisions. No one was prosecuted in connection with 
violating prohibitions against torture during the year. In 2000 there 
were reports that security forces stopped ethnic Nepalese refugees 
attempting to return to the country, beat them or tortured them, and 
sent them back across the border. Refugee groups state that this has 
discouraged others from trying to return to the country.
    Refugee groups credibly claimed that persons detained as suspected 
dissidents in the early 1990s were tortured and/or raped by security 
forces. During those years, the Government's ethnic policies and the 
crackdown on ethnic Nepalese political agitation created a climate of 
impunity in which the Government tacitly condoned the physical abuse of 
ethnic Nepalese. The Government indicated that members of the RBP 
engaged in ``overzealous'' behavior in dealing with the ethnic Nepalese 
political agitation, and the Government prosecuted three government 
officials for unspecified abuses of authority during that period; 
however, the Government failed to provide further details of these 
cases to the public.
    Prison conditions reportedly were adequate, if austere. Visits by 
the International Committee of the Red Cross (ICRC) and the opening of 
a prison in Thimphu contributed to improving conditions of detention. 
However, human rights groups active outside the country maintained that 
prison conditions outside of the capitol city of Thimphu remained 
oppressive.
    The Government and the ICRC signed a new Memorandum of 
Understanding in 1998, extending the ICRC prison visits program for 
another 5 years. The ICRC conducted one prison visit during the year, 
as it has done for each of the past 8 years, and was allowed unhindered 
access.

    d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and 
detention remained problems. Under the law, police may not arrest a 
person without a warrant and must bring an arrested person before a 
court within 24 hours, exclusive of travel time from place of arrest. 
However, legal protections were incomplete, due to the lack of a fully 
developed criminal procedure code and to deficiencies in police 
training and practice. Incommunicado detention, particularly of 
Nepalese refugees returning without authorization, was still known to 
occur. Incommunicado detention of suspected militants was a serious 
problem in the early 1990s, but the initiation of ICRC prison visits 
and the establishment of an ICRC mail service between detainees and 
family members has helped to allay this problem. Of those detained in 
connection with political dissidence and violence in southern areas in 
1991-92, 70 continued to serve sentences after conviction by the High 
Court, according to the ICRC.
    In May 2001, Damber Singh Pulami, a refugee who had lived in a camp 
in Nepal, was arrested in the country. Pulami reportedly was a member 
of the Youth Organization of Bhutan (the youth wing of the banned 
Bhutan People's Party) and had gone to the country to check on the 
internal resettlement of non-Nepalese to the south. Amnesty 
International (AI) still has not received a response to queries about 
the charges against him, his whereabouts, and his physical condition, 
although according to one human rights group Pulami is in Chemgang Jail 
in Thimphu. The Government admitted that it had arrested Pulami in May 
2001; however, it alleged that Pulami was a criminal and was arrested 
in connected with extortion, kidnaping, killing, and subversive 
activities. According to AI, Tul Man Tamang, a 30-year-old construction 
worker was arrested in June 2001 on suspicion of organizing political 
activities. He reportedly was taken to a police station at Chimakothi 
in Chhukha district where he allegedly was tortured, held incommunicado 
in a dark cell, and forced to sign a statement saying he was leaving 
the country voluntarily before being forcibly exiled to India. During 
the year, the Government continued to deny that it had arrested Tul Man 
Tamang.
    There were no developments in the June 2001 arrest of Ugyen 
Tenzing, a member of the Druk-Yul Peoples' Democratic Party, in Samtse 
district. N.L. Katwal, a central committee member of the Bhutan Gorkha 
National Liberation Front, was 1 of more than 55 persons arrested 
during a demonstration in Phuntsholing in 2000. In December 2000, he 
was sentenced to 13 years and 6 months in prison. He was serving his 
sentence in Chamgang Jail at year's end.
    Rongthong Kunley Dorji, leader of the Druk National Congress (DNC) 
and United Front for Democracy in Bhutan (UFD), was arrested in India 
in 1997, following the issuance of an extradition request by Bhutanese 
authorities. Human rights groups contend that the charges brought 
against Dorji by the Government are motivated politically and 
constitute an attempt to suppress his prodemocracy activities. In 1998 
an Indian court released Dorji on bail but placed restrictions on his 
movements. Dorji's extradition case still was pending in the Indian 
courts and is proceeding slowly. According to a refugee-based human 
rights group, only one prosecution witness, a Joint Secretary in 
India's Ministry of External Affairs, has been cross-examined in the 
last 40 months. The next witness, another Indian government official, 
was scheduled to testify in January 2003.
    In the past, according to AI, many persons have been detained on 
suspicion of being members or supporters of the DNC. Human rights 
groups alleged that arrest and abuse of refugees returning to the 
country without authorization continued to occur but went unreported by 
the Government. The Government acknowledged that 58 persons whom it 
described as terrorists were serving sentences at the end of 1998 for 
crimes including rape, murder, and robbery. There were no peaceful 
protest marches from India to Bhutan during the year, perhaps due to 
fear of arrests and deportation, as occurred in previous years after 
such marches. Persons holding peaceful marches from India to Bhutan 
charged that in 1999 the Bhutanese police assaulted them, injuring 
several demonstrators, and then arrested and deported all of the 
marchers to Nepal (see Section 5).
    Although the Government does not use exile formally as punishment, 
many accused political dissidents freed under government amnesties 
state that they were released on the condition that they depart the 
country. Many of them subsequently registered at refugee camps in 
Nepal. The Government denied this.

    e. Denial of Fair Public Trial.--There is no written constitution 
and the judiciary is not independent of the King; however, during 2001 
the King commanded a 39-member committee to draft a constitution, which 
is intended to pave the way for a constitutional monarchy in upcoming 
years (see Section 3). The judicial system consisted of three branches, 
the Sub-Divisional Court, the District Court, and a High Court. Only 
the King can pardon or commute a sentence. Judges were appointed by the 
King on the recommendation of the Chief Justice and may be removed by 
the King. There was no uniform system of qualifications for judge 
appointments. For example, a nongovernmental organization (NGO) 
reported that the Chief Justice had not completed formal high school 
studies before his judicial appointment. Village headmen adjudicate 
minor offenses and administrative matters.
    The Office of Legal Affairs (OLA) conducted state prosecutions, 
drafted and reviewed legislation, and rendered legal counsel. The OLA 
was composed of a Legal Services Division (which eventually was to 
become the Ministry of Law and Justice) with domestic, international, 
and human rights sections; and a Prosecution Division, with a criminal 
section and a civil section.
    Criminal cases and a variety of civil matters were adjudicated 
under a legal code established in the 17th century and revised in 1958 
and 1965. State-appointed prosecutors filed charges and prosecuted 
cases for offenses against the State. In other cases, the relevant 
organizations and departments of government filed charges and conducted 
the prosecution. Defendants were supposed to be presented with written 
charges in languages that they understood and given time to prepare 
their own defense. However, according to some political dissidents, 
this practice was not always followed. There were reports that 
defendants received legal representation at trial, and that they could 
choose from a list of 150 government-licensed and employed advocates to 
assist with their defense; however, it was not known how many 
defendants actually received such assistance. A legal education program 
gradually was building a body of persons who have received formal 
training abroad in the law. For example, the Government sends many 
lawyers to India and other countries for legal training; 54 persons 
have completed legal studies abroad, and 43 more were enrolled. Village 
headmen, who had the power to arbitrate disputes, constitute the bottom 
rung of the judicial system. Magistrates, each with responsibility for 
a block of villages, could review their decisions. Magistrates' 
decisions could be appealed to district judges, of which there was one 
for each of the country's 20 districts. The High Court in Thimphu is 
the country's Supreme Court.
    Defendants have the right to appeal to the High Court and may make 
a final appeal to the King, who traditionally delegated the decision to 
the Royal Advisory Council. Trials were supposed to be conducted in 
open hearings, but NGOs alleged that this was not always the case in 
practice. Courts decisions were not published and public access to the 
country's laws was limited. The National Library houses the legal codes 
in the national language, but other copies or volumes were not 
available to the public. There was a legal requirement that citizens 
pay for their own legal counsel; however, many citizens were unable to 
afford representation and thus in practice did not receive legal 
assistance in court.
    Questions of family law, such as marriage, divorce, and adoption, 
traditionally are resolved according to a citizen's religion: Buddhist 
tradition for the majority of the population and Hindu tradition for 
the ethnic Nepalese. Nonetheless the Government states that there is 
one formal law that governs these matters.
    Some or all of the approximately 106 prisoners serving sentences 
for offenses related to political dissidence or violence, primarily by 
ethnic Nepalese during 1991-92, may be political prisoners (see Section 
1.e.).
    In 1999 the King pardoned prisoner Tek Nath Rizal, a prominent 
ethnic Nepalese dissident and internationally recognized political 
prisoner. In 2000 Rizal was granted permission to leave the country to 
receive medial treatment in India; however, at year's end, NGOs 
reported that the Government has failed to restore his house and land, 
which in effect, forced him to lead a migratory life and move from one 
place to the next.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--There are no laws providing for these rights. 
According to human rights groups, police regularly conducted house-to-
house searches for suspected dissidents without explanation or legal 
justification. The Government requires all citizens, including 
minorities, to wear the traditional dress of the Buddhist majority in 
all public places, and strictly enforced this law for visits to 
Buddhist religious buildings, monasteries, or government offices; in 
schools, and when attending official functions and public ceremonies; 
however, some citizens commented that enforcement of this law was 
arbitrary and sporadic.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Government restricts freedom 
of speech, and to a lesser extent freedom of the press. The country's 
only regular publication is Kuensel, a weekly newspaper with a 
circulation of 15,000. It also reports stories on a daily basis through 
its on-line edition. Kuensel was formerly government-run and human 
rights groups have stated that government ministries reviewed editorial 
material and suppressed or changed content. According to the 
Government, Kuensel was independent and was funded entirely through 
advertising and subscription revenue. Its board consists of senior 
civil servants and private individuals. Kuensel, was published in 
English, Dzongkha, and Nepali languages, and it supported the 
Government but did occasionally report criticism of the King and of 
government policies in the National Assembly. For example, the Kuensel 
published a series of articles that exposed corrupt practices of some 
Ministers during the year. Some journalists who worked for Kuensel were 
reportedly subjected to threats and harassment by the Ministers and 
their activists. The Government maintained that there were no 
restrictions on individuals starting new publications, but that the 
market was too small to support any. Nepalese, Indian, and other 
foreign newspapers and magazines were available, but readership was in 
the hundreds and primarily limited to government officials.
    After a 10-year ban on private television reception, in 2000 the 
Government began to allow broadcasts of locally produced and foreign 
programs. There were more than 33 cable providers in the country with 
more than 10,000 subscribers. A large variety of programming was 
available, including CNN and BBC. The Government did not censor cable 
content. The Government radio station broadcasts each day for two hours 
in the four major languages (Dzongkha, Nepali, English, and Sharchop).
    The Government inaugurated the country's first Internet service 
provider, Druknet, in 1999; it had 1,820 subscribers as of late 2000. 
There were Internet cafes in Thimphu, Phuentsholing and Bumthang. The 
Government did not censor any content on Druknet except for 
pornography, which was blocked.
    There were no reported restrictions on academic freedom.

    b. Freedom of Peaceful Assembly and Association.--The Government 
restricted freedom of assembly and association. Citizens may engage in 
peaceful assembly and association only for purposes approved by the 
Government. NGOs and political parties were illegal under the law. 
Although the Government allowed civic and business organizations, there 
were no legally recognized political parties. The Government regarded 
parties organized by ethnic Nepalese exiles--the Bhutan People's Party 
(BPP), the Bhutan National Democratic Party (BNDP), and the Druk 
National Congress--as ``terrorist and antinational'' organizations and 
declared them illegal. These parties, which seek the repatriation of 
refugees and democratic reform, did not conduct activities inside the 
country.

    c. Freedom of Religion.--The law provides for freedom of religion; 
however, the Government restricted this right in practice. The Drukpa 
branch of the Kagyupa School of Mahayana Buddhism was the state 
religion. Approximately two-thirds of the population practiced either 
Drukpa Kagyupa or Ningmapa Buddhism.
    The Drukpa discipline was practiced predominantly in the western 
and central parts of the country, which was inhabited mainly by ethnic 
Ngalongs (descendants of Tibetan immigrants who predominate in 
government and the civil service, and whose cultural norms have been 
declared to be the standard for all citizens). The Ningmapa school was 
practiced predominantly in the eastern part of the country, although 
there were adherents, including the royal family, in other areas. Most 
of those living in the east are ethnic Sharchops--the descendants of 
those thought to be the country's original inhabitants. The Government 
subsidized monasteries and shrines of the Drukpa sect and provided aid 
to approximately one-third of the Kingdom's 12,000 monks. The 
Government also provided financial assistance for the construction of 
Drukpa Kagyupa and Ningmapa Buddhist temples and shrines. NGOs reported 
that permission from the Government to build a Hindu temple was 
required but rarely granted. There were no Hindu temples in Thumphu, 
despite the migration of many ethnic Nepalese to Thumphu. The Drukpa 
branch of Buddhism enjoyed statutory representation in the National 
Assembly (Drukpa monks occupy 10 seats in the 150-member National 
Assembly) and in the Royal Advisory Council (Drukpa monks hold 2 of the 
11 seats on the Council); the Drukpa branch was an influential voice on 
public policy. Citizens of other faiths, mostly Hindus, enjoy freedom 
of worship but may not proselytize. Followers of religions other than 
Buddhism and Hinduism generally were free to worship in private homes 
but may not erect religious buildings or congregate in public. Under 
the law, conversions were illegal. Some of the country's few 
Christians, mostly ethnic Nepalese living in the south, state that they 
were subject to harassment and discrimination by the Government, local 
authorities, and non-Christian citizens.
    The King declared major Hindu festivals to be national holidays, 
and the royal family participates in them. Foreign missionaries are not 
permitted to proselytize, but international Christian relief 
organizations and Jesuit priests were active in education and 
humanitarian activities. The Government restricted the import into the 
country of printed religious matter; only Buddhist religious texts can 
be imported. According to dissidents living outside of the country, 
Buddhist religious teaching, of both the Drukpa Kagyupa and Ningmapa 
sects was permitted in the schools, but the teaching of other religious 
faiths was not. Applicants for government services sometimes were asked 
their religion before services are rendered. All government civil 
servants, regardless of religion, were required to take an oath of 
allegiance to the King, the country, and the people. The oath does not 
have religious content, but was administered by a Buddhist lama.
    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 traveling in border regions 
were required to show their citizenship identity cards at immigration 
check points, which in some cases were located at a considerable 
distance from what is in effect an open border with India. By treaty 
citizens may reside and work in India.
    The country was not a signatory to the 1951 U.N. Convention 
Relating to the Status of Refugees or its 1967 Protocol (see Section 
5). The Government states that it recognizes the right to asylum in 
accordance with international refugee law; however, the Government has 
not formulated a policy regarding refugees, asylees, first asylum, or 
the return of refugees to countries in which they fear persecution.
    According to one credible human rights source, until recently the 
Government systematically arrested and imprisoned Tibetan refugees 
crossing the border with Tibet. This policy was followed under a tacit 
agreement with China. So invariable was this policy that Tibetan 
leaders advised refugees not to use routes of escape through the 
country, and refugees have not done so for several years. Since 
Tibetans effectively were the only refugee population seeking first 
asylum in the country, the issue of first asylum did not arise during 
the year.

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 
country is a monarchy with sovereign power vested in the King. However, 
during 2001 a draft constitution was written. A newspaper quoted the 
Chief Justice of the Supreme Court as saying that the committee 
discussed the merits of multiparty politics. The drafting committee was 
chaired by the Chief Justice of the High Court and was, according to 
the Government, composed of representatives of the Monastic body, the 
people, the judiciary, and the Royal government. The Government 
indicated that the Constitution would be a codification of existing 
Buddhist-influenced societal standards. In 1998 the King devolved his 
day-to-day executive powers to the Council of Ministers, who were 
elected by the National Assembly from among themselves, but reserved 
control of ``matters of national sovereignty and national security'' 
for himself. He also introduced term limits for his Council of 
Ministers and proposed measures to increase the role of the National 
Assembly in the formation of his government. The National Assembly 
elected a new Council of Ministers and government in July 1998 to a 5-
year term. In July 2001, the National Assembly elected six Royal 
Advisory Councilors. There were elected or partially elected assemblies 
at the local, district, and national levels, and the Government claimed 
to encourage decentralization and citizen participation. These 
elections were conducted in much the same way as National Assembly 
elections. Since 1969 the National Assembly has had the power to remove 
ministers whom the King appoints, but it never has done so. Political 
authority ultimately resided in the King, and decisionmaking involves 
only a small number of officials. Officials subject to questioning by 
the National Assembly routinely make major decisions, but the National 
Assembly is not known to have overturned any decisions reached by the 
King and government officials.
    Political parties do not exist legally. The Government has banned 
parties established abroad by ethnic Nepalese, Sarchops, or Eastern 
Bhutanese (see Section 2.b.).
    The National Assembly had 150 members. Of these, 105 were elected 
by citizens, 10 were selected by a part of the Buddhist clergy, and the 
remaining 35 were appointed by the King to represent the Government. 
The National Assembly, which meets irregularly, had little independent 
authority. However, there were efforts underway to have the National 
Assembly meet on a more regular basis, and in recent years the King and 
the Council of Ministers have been more responsive to the National 
Assembly's concerns. The procedures for the nomination and election of 
National Assembly members state that in order to be eligible for 
nomination as a candidate, a person must be a citizen; be at least 25 
years of age; not be married to a foreign national; not have been 
terminated or compulsorily retired for misconduct from government 
service; not have committed any act of treason against the King, the 
populace, and country; have no criminal record or any criminal case 
pending against him; have respect for the nation's laws; and be able to 
read and write in Dzongkha (the language, in several dialects, spoken 
by Bhutanese Buddhists).
    Each National Assembly constituency consists of a number of 
villages. Each village was permitted to nominate one candidate but must 
do so by consensus. There was no provision for self-nomination, and the 
law states that no person may campaign for the candidacy or canvass 
through other means. If more than one village within a constituency 
puts forward a candidate, an election was conducted by the district 
development committee, and the candidate obtaining a simple majority of 
votes cast was declared the winner. During the year, the law allowed 
individuals over the age of 18 the right to vote. The law did not make 
clear how a candidate was selected if none achieves a simple majority. 
However, it did state that in case of a tie among the candidates in the 
election, selection shall be made through the drawing of lots. The 
candidate whose name was drawn shall be deemed to be elected.
    Human rights activists claim that the only time individual citizens 
have any involvement in choosing a National Assembly representative was 
when they are asked for consensus approval of a village candidate by 
the village headman. The name put to villagers for consensus approval 
by the headman is suggested to him by district officials, who in turn 
take their direction from the central government. Consensus approval 
took place at a public gathering. Human rights activists stated that 
there was no secret ballot.
    The National Assembly enacted laws, approved senior government 
appointments, and advised the King on matters of national importance. 
Voting was by secret ballot, with a simple majority needed to pass a 
measure. The King may not formally veto legislation, but may return 
bills for further consideration. The Assembly occasionally rejected the 
King's recommendations or delayed implementing them, but in general, 
the King had enough influence to persuade the Assembly to approve 
legislation that he considered essential or to withdraw proposals he 
opposed. The Assembly may question government officials and force them 
to resign by a two-thirds vote of no confidence; however, the National 
Assembly never has compelled any government official to resign. The 
Royal Civil Service Commission was responsible for disciplining 
subministerial level government officials and has removed several 
following their convictions for crimes, including embezzlement.
    The 1998 decree provided that all cabinet ministers were to be 
elected by the National Assembly and that the roles and 
responsibilities of the cabinet ministries were to be spelled out. Each 
cabinet minister was to be elected by simple majority in a secret 
ballot in the National Assembly from among candidates nominated by the 
King. The King was to select nominees for cabinet office from among 
senior government officials holding the rank of secretary or above. The 
King was to determine the portfolios of his ministers, whose terms were 
limited to 5 years, after which they must pass a vote of confidence in 
the National Assembly in order to remain in office. Finally the decree 
provided that the National Assembly, by a two-thirds vote of no 
confidence, can require the King to abdicate and to be replaced by the 
next person in the line of succession. After adopting the decree, the 
National Assembly elected a new council of ministers consistent with 
it. Human rights groups maintained that since only the King may 
nominate candidates for cabinet office, their election by the National 
Assembly was not a significant democratic reform. The King removed 
himself as Chairman of the Council of Ministers in 1998. Based on an 
election held in the National Assembly in 1998, Cabinet Ministers who 
received the most votes rotate the position on a yearly basis. The 
Chairman of the Council of Ministers serves as Prime Minster and Head 
of government. At year's end, Trade and Industry Minister Khundu 
Wangchuk served as Chairman.
    The Monastic Body comprised of 5,000 monks was financed by an 
annual government grant and was the sole arbiter on religious matters 
in the country. The body also played an advisory role in the National 
Assembly, the Royal Advisory Council, and with the King. The King 
almost consistently deferred to the body's pronouncements on religious 
matters and many decisions affecting the state.
    There are 15 women in the National Assembly. There are 2 women in 
the Supreme Court, 23 percent of civil service employees are women, and 
women hold more than 30 percent of positions at the Ministry of Foreign 
Affairs. The persistence of traditional gender roles apparently 
accounted for a low proportion of women in government, although women 
have made visible gains.
    There are 105 elected people's representatives in the National 
Assembly. All major ethnic groups are represented in the National 
Assembly, including 14 ethnic Nepalese.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were no legal human rights NGOs in the country. The 
Government regarded human rights groups established by ethnic Nepalese 
exiles--the Human Rights Organization of Bhutan, the People's Forum for 
Human Rights in Bhutan, and the Association of Human Rights Activists-
Bhutan--as political organizations and did not permit them to operate 
in the country. AI was permitted to visit in 1998, and later released a 
report.
    ICRC representatives conducted a yearly prison visit, and the 
Government allowed them unhindered access to detention facilities, 
including those in southern districts inhabited by ethnic Nepalese. The 
chairman and members of the U.N. Human Rights Commission Working Group 
on Arbitrary Detention have made two visits to the country.
Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    Ongoing government efforts to cultivate a national identity rooted 
in the language, religion, and culture of the Ngalong ethnic group 
restricted cultural expression by other ethnic groups. In the late 
1980s and early 1990s, the Government instituted policies designed to 
preserve the cultural dominance of the Ngalong ethnic group. It also 
committed many abuses against the ethnic Nepalese, which led to the 
departure of tens of thousands of them. Many ethnic Nepalese were 
expelled forcibly, and almost 100,000 of them remain in refugee camps 
in Nepal. At the time, the Government claimed that it was concerned 
about the rapid population growth of and political agitation by the 
ethnic Nepalese. The Government claimed ethnic and gender 
discrimination in employment was not a problem. It claims that ethnic 
Nepalese fill 16 percent the civic service or government employment, 
which was less than their proportion of the total population. Bhutanese 
human rights groups active outside the country claim that ethnic 
Nepalese actually make up approximately one third of the country's 
population and that the Government underreports their number. Women 
were accorded respect in the traditions of most ethnic groups, although 
some exile groups claim that gender discrimination was a problem.

    Women.--There was no evidence that rape or spousal abuse were 
extensive problems. However, NGOs reported that many women did not 
report rape either because of the cultural issues or because they were 
unaware of the legal options.
    The Rape Act contained a clear definition of criminal sexual 
assault and specified penalties. In cases of rape involving minors, 
sentences range from 5 to 17 years. In extreme cases, a rapist may be 
imprisoned for life. There were few known instances of sexual 
harassment.
    Women constitute 48 percent of the population and participate 
freely in the social and economic life of the country. Approximately 43 
percent of enrollment in school was female. Inheritance law provides 
for equal inheritance among all sons and daughters, but traditional 
inheritance practices, which vary among ethnic groups, may be observed 
if the heirs choose to forego legal challenges. Dowries were not 
customary, even among ethnic Nepalese Hindus. Among some groups, 
inheritance practices favoring daughters reportedly account for the 
large numbers of women who own shops and businesses and for an 
accompanying tendency of women to drop out of higher education to go 
into business. However, female school enrollment has been growing in 
response to government policies. Women increasingly were found among 
senior officials and private sector entrepreneurs, especially in the 
tourism industry. Women in unskilled jobs generally are paid slightly 
less than men. Women constitute approximately 30 percent of the formal 
work force.
    In questions related to family law, including divorce, child 
custody, and inheritance, were adjudicated by the customary law of each 
ethnic or religious group. The minimum age of marriage for women was 16 
years, except in the case of Muslims, who continue to follow their 
customary marriage practices. The application of different legal 
practices based on membership in a religious or ethnic group often 
results in discrimination against women. Polygyny was allowed, provided 
the first wife gives her permission. Polyandry was permitted but did 
not often occur. Marriages may be arranged by the marriage partners 
themselves as well as by their parents. Divorce was common. Existing 
legislation requires that all marriages must be registered; it also 
favors women in matters of alimony.

    Children.--The Government demonstrated its commitment to child 
welfare by rapid expansion of primary schools, healthcare facilities, 
and immunization programs. Mortality rates for both infants and 
children under 5 years dropped significantly since 1989. The Government 
provided free and compulsory primary school education, and primary 
school enrollment increased 9 percent per year since 1991, with 
enrollment of girls increasing at an even higher rate. Government 
policies aimed at increasing enrollment of girls increased the 
proportion of girls in primary schools from 39 percent in 1990 to 45 
percent during 2001. In 2001 the participation rate for children in 
primary schools was estimated at 72 percent, with the rate of 
completion of 7 years of schooling at 60 percent for girls and at 59 
percent for boys. The number of children enrolled in school has grown 
to 126,718 in 2001. There was no law barring ethnic Nepalese children 
from attending school. However, most of the 75 primary schools in 
southern areas heavily populated by ethnic Nepalese that were closed in 
1990 remain closed. The closure of the schools acts as an effective 
barrier to the ability of the ethnic Nepalese in southern areas to 
obtain a primary education. In addition, ethnic Nepalese also claimed 
that the Security Clearance Form, which is a prerequisite for taking 
one's passport out of the Foreign Ministry, was biased against ethnic 
Nepalese. The ethnic Nepalese said that since the forms are based on 
the security clearance of their parents, it frequently excludes 
children of ethnic Nepalese. Exile groups claim that Nepalese students 
scoring highly on national exams were not always given the same 
advantages as other students (such as the chance to study abroad at 
government expense), particularly if they are related to prominent 
dissidents or refugees.
    There was no societal pattern of abuse against children. Children 
enjoy a privileged position in society and benefit from international 
development programs focused on maternal and child welfare. A study by 
the U.N. Children's Fund (UNICEF) found that boys and girls received 
equal treatment regarding nutrition and health care and that there is 
little difference in child mortality rates between the sexes.

    Persons with Disabilities.--There was no evidence of official 
discrimination toward persons with disabilities, but the Government has 
not passed legislation mandating accessibility for persons with 
disabilities. Societal discrimination against persons with disabilities 
remained a problem.

    National/Racial/Ethnic Minorities.--Ethnic Nepalese have lived in 
the southern part of the country for centuries, and the early phases of 
economic development at the turn of the century brought a large influx 
of additional ethnic Nepalese. Early efforts at national integration 
focused on assimilation, including financial incentives for 
intermarriage, education for some students in regions other than their 
own, and an increase in development funds for the south. However, in 
the late 1980s, concern over the increase in the population of and 
political agitation among ethnic Nepalese prompted aggressive 
government efforts to assert a national culture, to tighten control 
over southern regions, to control illegal immigration, to expel ethnic 
Nepalese, and to promote national integration.
    Discriminatory measures, introduced in 1989, continued during the 
year. Measures included a requirement that national dress be worn for 
official occasions and as a school uniform, the teaching of Dzongkha as 
a second language in all schools, and an end to instruction in Nepali 
as a second language.
    During the mid- and late 1980s, citizenship became a highly 
contentious matter. Requirements for citizenship first were formalized 
in the Citizenship Law of 1958, which granted citizenship to all adults 
who owned land and had lived in the country for at least 10 years. 
However, the law significantly tightened requirements and resulted in 
the denaturalization of many ethnic Nepalese. The 1985 law required 
that both parents be citizens in order to confer citizenship on a 
child, and that persons seeking to prove citizenship through their own 
or their parents' residency in 1958 be able to prove residency in the 
country at that time. In many cases, persons were unable to produce the 
documentation necessary, such as land tax receipts from 1958, to show 
residency. The law permits residents who lost citizenship under the 
1985 law to apply for naturalization if they can prove residence during 
the 15 years prior to that time. The Government declared all residents 
who could not meet the new citizenship requirements to be illegal 
immigrants. Beginning in 1988, the Government expelled large numbers of 
ethnic Nepalese through enforcement of the new citizenship laws.
    The Citizenship Act also provided for the revocation of the 
citizenship of any naturalized citizen who ``has shown by act or speech 
to be disloyal in any manner whatsoever to the King, country, and 
people of Bhutan.'' The Home Ministry later declared in a circular that 
any nationals leaving the country to assist ``antinationals,'' and the 
families of such persons, would forfeit their citizenship. Human rights 
groups alleged that these provisions were used widely to revoke the 
citizenship of ethnic Nepalese who subsequently were expelled or 
otherwise departed from the country. In response to the perceived 
repression, ethnic Nepalese protested, sometimes violently. The 
protests were led by the BPP, which advocated full citizenship rights 
for ethnic Nepalese and for democratic reforms. Characterizing the BPP 
as a ``terrorist'' movement backed by Indian sympathizers, the 
authorities cracked down on its activities and ordered the closure of 
local Nepalese schools, clinics, and development programs after several 
were raided or bombed by dissidents. There were credible reports that 
many ethnic Nepalese activists were beaten and tortured while in 
custody, and that security forces committed acts of rape. There also 
were credible reports that militants, including BPP members, attacked 
and killed census officers and other officials, and engaged in 
bombings.
    Local officials took advantage of the climate of repression to 
coerce ethnic Nepalese to sell their land below its fair value and to 
emigrate. Beginning in 1991, ethnic Nepalese began to leave southern 
areas of the country in large numbers and take refuge in Nepal. Many 
ethnic Nepalese claimed they also were forced to sign ``voluntary 
migration forms'' and leave the country, after local officials 
threatened to fine or imprison them for failing to comply. According to 
UNHCR, there were 102,800 ethnic Nepalese refugees in seven refugee 
camps in eastern Nepal as of December. An additional 15,000 refugees, 
according to UNHCR estimates, were living outside the camps in Nepal 
and India.
    Ethnic Nepalese political groups in exile complain that the 
revision of the country's citizenship laws in 1985 denaturalized tens 
of thousands of former residents of the country. They also complained 
that the new laws have been applied selectively and made unfair demands 
for documentation on a largely illiterate group when the country only 
recently adopted basic administrative procedures. They claimed that 
many ethnic Nepalese whose families have been in the country for 
generations were expelled because they were unable to document their 
claims to residence. The Government denies this and asserts that a 
three-member village committee, typically ethnic Nepalese in southern 
districts, certifies in writing that a resident is a citizen in cases 
where documents cannot be produced.
    Since 1994 there have been a series of negotiations between Nepal 
and Bhutan to resolve the Bhutanese refugee problem. In December 2000, 
the two countries agreed upon a system to verify the Bhutanese refugees 
in Nepal in preparation for their return to the country. Refugee 
verifications began in March 2001. By December 2001, all the residents 
of the first camp had been interviewed, and the Bhutanese verification 
team went back to Thimphu pending the start of verification at the next 
camp. Refugee groups are concerned that at the present rate, 
verification will take several years. Bilateral negotiations on 
repatriation issues in November 2001 failed to arrive at an agreement, 
and the matter was deferred to a proposed future session of 
ministerial-level talks. The talks' earlier lack of progress frustrated 
refugees, and some held ``peace marches'' to protest their plight.
    The UNHCR monitored the conditions of the Bhutanese refugees in 
camps in eastern Nepal and provided for their basic needs. U.N. 
officials, diplomats and NGO representative visitors to the camps had 
described conditions as generally very good, largely as a result of 
efficient UNHCR administration, conscientious government oversight and 
the refugees taking responsibility for their surroundings. However, 
there were reports by refugee women and children that some of the 
Bhutanese refugee workers at the camps had committed sexual assault. 
The UNHCR responded by conducting an investigation and the Government 
of Nepal provided more police protection to the camps.
    The Government contended that many of the documents presented by 
refugees in the camps were fraudulent. NGOs claimed that these 
assertions by the Government represented an attempt to eliminate the 
majority of the refugees from qualifying as citizens.
    In 1998 the Government expanded its program of resettling Buddhist 
Bhutanese from other regions of the country on land in the southern 
part of the country vacated by the ethnic Nepalese living in refugee 
camps in Nepal. Human rights groups maintained that this action 
prejudices any eventual outcome of negotiations over the return of the 
refugees to the country. The Government maintained that citizens who 
are ethnic Nepalese from the south sometimes were resettled on more 
fertile land in other parts of the country. The failure of the 
Government to permit the return of ethnic Nepalese refugees has tended 
to reinforce societal prejudices against this group, as has the 
Government's policy on the forced retirement of refugee family members 
in government service and the resettlement of Buddhists on land vacated 
by expelled ethnic Nepalese in the south.

Section 6. Worker Rights

    a. The Right of Association.--Trade unions were not permitted, and 
there were no labor unions. The Government maintained that, with very 
little industrialization, there was little labor to be organized.

    b. The Right to Organize and Bargain Collectively.--There was no 
collective bargaining in industry. Workers did not have the right to 
strike, and the Government was not a member of the International Labor 
Organization (ILO). Industry accounted for approximately 25 percent of 
the GDP, but employed only a minute fraction of the total work force. 
The Government affected wages in the manufacturing sector through its 
control over wages in state-owned industries.
    There are no export processing zones.

    c. Prohibition of Forced or Bonded Labor.--The Government prohibits 
forced or bonded labor, and there were no reports that such practices 
occurred. However, mandatory national service was practiced. 
Agricultural workers were required to work in state service for 15 days 
per year. NGOs stated that this practice was administered selectively. 
For instance, NGOs believe the practice often selected poor 
agricultural workers at the height of their harvesting season. There 
was no evidence to suggest that domestic workers were subjected to 
coerced or bonded labor.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law sets the minimum age for employment at 18 years 
for citizens and 20 years for noncitizens. A UNICEF study suggested 
that children as young as 11 years sometimes are employed with 
roadbuilding teams, which usually were made up of non-citizen guest 
workers. Children often do agricultural work and chores on family 
farms. The law specifically does not prohibit forced and bonded labor 
by children, but there were no reports that such practices occurred. 
The country has not ratified ILO Convention 182 on preventing the Worst 
Forms of Child Labor; however, as a state party to the U.N. Convention 
on the Rights of the Child, the Government supports the provisions 
contained therein. The country lacks a large pool of ready labor; for 
major projects, such as road works, the Government brings in hired 
laborers from India.

    e. Acceptable Conditions of Work.--A circular that went into effect 
in 1994 established wage rates, rules and regulations for labor 
recruiting agencies, and the regulations for payment of worker's 
compensation. Wage rates were revised periodically, and range upward 
from a minimum of roughly $2.50 (100 ngultrums) per day plus various 
allowances paid in cash or kind. This minimum wage provided a decent 
standard of living for a worker and family. The workday was defined as 
8 hours with a 1-hour lunch break. Work in excess of this must be paid 
at one and one-half times normal rates. Workers paid on a monthly basis 
are entitled to 1 day's paid leave for 6 days of work and 15 days of 
leave annually. The largest salaried work force was the Government 
service, which has an administered wage structure last revised in 1988 
but supplemented by special allowances and increases. The last such 
increase was in 1999. According to the latest Census of Manufacturing 
Industries, only 38 industrial establishments employed more than 50 
workers. Smaller industrial units included 39 plants of medium size, 
345 small units, 832 cottage industry units, and 2,154 ``mini'' units. 
The Government favored family-owned farms. Land laws prohibited a 
farmer from selling his or her last 5 acres and required the sale of 
holdings in excess of 25 acres. This, along with the country's rugged 
geography, results in a predominantly self-employed agricultural 
workforce. Workers were entitled to free medical care within the 
country. Cases that cannot be dealt with in the country were flown to 
other countries (usually India) for treatment. Workers were eligible 
for compensation for partial or total disability, and in the event of 
death their families were entitled to compensation. Existing labor 
regulations did not grant workers the right to remove themselves from 
work situations that endanger health and safety without jeopardizing 
their continued employment.

    f. Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons; however, there were no reports that persons 
were trafficked to, from, or within the country.
                               __________

                                 INDIA

    India is a longstanding parliamentary democracy with a bicameral 
parliament. Prime Minister Atal Bihari Vajpayee, whose Bharatiya Janata 
Party (BJP) leads a multi party coalition, heads the Government. 
President A.P.J. Abdul Kalam, who was elected in July by an electoral 
college consisting of Members of Parliament and members of state 
assemblies, is Head of State and also has special emergency powers. 
State Assembly elections held earlier in the year in Uttar Pradesh, 
Punjab, Uttaranchal, Manipur, and Goa were conducted generally in a 
free and transparent manner with little violence. In December elections 
were held in Gujarat where the BJP won a closely watched election 
following accusations of government failure to control riots in 
February to March that killed over 2,000 persons, mostly Muslims. The 
judiciary is independent.
    Although the 28 state governments have primary responsibility for 
maintaining law and order, the central government provides guidance and 
support through the use of paramilitary forces throughout the country. 
The Union Ministry for Home Affairs controls most of the paramilitary 
forces, the internal intelligence bureaus, and the nationwide police 
service; it provides training for senior police officers of the state-
organized police forces. The armed forces are under civilian control. 
Members of the security forces committed numerous serious human rights 
abuses.
    The country is in transition from a government-controlled to a 
largely market-oriented economy. The private sector is predominant in 
agriculture, most nonfinancial services, consumer goods manufacturing, 
and some heavy industrial sectors. Economic liberalization and 
structural reforms begun in 1991 continued, although momentum slowed. 
The country's economic problems were compounded by a population growth 
rate of 1.7 percent annually and a population of more than 1.2 billion. 
Income distribution remained very unequal, with the top 20 percent of 
the population receiving 34.4 percent of national income and the bottom 
20 percent receiving 10 percent. According to a government survey, 23.6 
percent of the urban population and 27.1 percent of the rural 
population lived below the poverty level.
    The Government generally respected the human rights of its 
citizens; however, numerous serious problems remained. Significant 
human rights abuses included: Extrajudicial killings, including faked 
encounter killings, deaths of suspects in police custody throughout the 
country, and excessive use of force by security forces combating active 
insurgencies in Jammu and Kashmir and several northeastern states; 
torture and rape by police and other agents of the Government; poor 
prison conditions; arbitrary arrest and incommunicado detention in 
Jammu and Kashmir and the northeast; continued detention throughout the 
country of thousands arrested under special security legislation; 
lengthy pretrial detention without charge; prolonged detention while 
undergoing trial; occasional limits on freedom of the press and freedom 
of movement; harassment and arrest of human rights monitors; extensive 
societal violence against women; legal and societal discrimination 
against women; forced prostitution; child prostitution and female 
infanticide; discrimination against persons with disabilities; serious 
discrimination and violence against indigenous people and scheduled 
castes and tribes; widespread intercaste and communal violence; 
religiously motivated violence against Muslims and Christians; 
widespread exploitation of indentured, bonded, and child labor; and 
trafficking in women and children. India 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.
    Many of these abuses are generated by a traditionally hierarchical 
social structure, deeply rooted tensions among the country's many 
ethnic and religious communities, violent secessionist movements and 
the authorities' attempts to repress them, and deficient police methods 
and training. These problems are acute in Jammu and Kashmir, where 
judicial tolerance of the Government's heavy-handed counterinsurgency 
tactics, the refusal of security forces to obey court orders, and 
terrorist threats have disrupted the judicial system. In the northeast, 
there was no clear decrease in the number of killings, despite 
negotiated ceasefires between the Government and some insurgent forces 
and between some tribal groups.
    In November State Assembly elections in Jammu and Kashmir 
transferred power to a coalition composed of the People's Democratic 
Party and the Congress Party. International observers stated that the 
election took place in a somewhat fair and transparent manner; however, 
some nongovernmental organizations (NGOs) alleged that there were some 
flaws in the election, including that all major separatist groups 
boycotted the elections and there was an widespread fear of attacks by 
militants. These two parties defeated the National Conference, a 
political party that has dominated state-level politics since Indian 
independence in 1947. Violence remained a pervasive feature of politics 
in Jammu and Kashmir. The fall elections took place in a climate of 
sporadic violence and isolated irregularities. Election-related 
violence killed more than 800 persons.
    Terrorist attacks remained problems. The concerted campaign of 
execution-style killings of civilians by Kashmiri and foreign-based 
militant groups continued and included several killings of political 
leaders and party workers. Separatist militants were responsible for 
numerous, serious abuses, including killing of armed forces personnel, 
police, government officials, and civilians; torture; rape; and other 
forms of brutality. Separatist militants also were responsible for 
kidnaping and extortion in Jammu and Kashmir and the northeastern 
states. The Government accused the terrorist groups Lashkar-e-Tayyiba 
(LET) and Jaish-e-Muhammad of responsibility for carrying out many of 
the attacks on civilians and military personnel.
                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:

    a. Arbitrary or Unlawful Deprivation of Life.--Arbitrary and 
unlawful deprivations of life by government forces (including deaths in 
custody and faked encounter killings) continued to occur frequently in 
the State of Jammu and Kashmir and in several northeastern states, 
where separatist insurgencies continued. Security forces offered 
bounties for wanted militants. Extrajudicial killings of criminals and 
suspected criminals by police or prison officers also occurred in a 
number of states. Militant groups active in Jammu and Kashmir, several 
northeast states, and parts of Andhra Pradesh, killed members of rival 
factions, government security forces, government officials, and 
civilians.
    Official government figures indicated that militant activity 
increased notably during the year in Jammu and Kashmir. (Kashmir has 
been at the center of a territorial dispute between India and Pakistan 
since the two nations gained their independence in 1947; both claim 
Kashmir.) According to the Kashmir Times, security forces killed 1,606 
militants in encounters as of September, compared with 1,520 militants 
killed during the same period in 2000. In addition, human rights groups 
alleged that during the year security forces killed a number of 
captured non-Kashmiri militants in Jammu and Kashmir. During conflicts 
with armed militants, security forces allegedly responded 
indiscriminately to gunfire. Kashmiri separatist groups claimed that in 
many instances ``encounters'' were faked and that security forces 
summarily executed suspected militants and civilians offering no 
resistance. Statements by senior police and army officials confirmed 
that the security forces were under instructions to kill foreign 
militants, rather than attempt to capture them alive. Human rights 
groups alleged that this particularly was true in the case of security 
force encounters with non-Kashmiri militants who crossed into Jammu and 
Kashmir illegally. According to one prominent human rights activist, 
the armed forces were under orders to shoot any person who was within 
12 miles of the Line of Control (the ceasefire line delineating parts 
of India from Pakistan in Jammu and Kashmir) or to shoot any person who 
was unable to quickly justify their presence in the area.
    According to press reports and anecdotal accounts, persons killed 
in disputed encounters typically were detained by security forces, and 
their bodies, often bearing multiple bullet wounds and often marks of 
torture, were returned to relatives or otherwise were discovered 
shortly afterwards. For example, in January Ali Muhammad Bhat was 
beaten, shot, and killed allegedly in retribution for filing a 
complaint against the security forces. In March Mubarak Shah and his 
wife were killed in Dushar Gool. Security forces allegedly detained the 
pair a few days before they were killed.
    In December in Srinigar Mohammad Ahsan Untoo, chairman of the 
Kashmir Human Rights forum, protested human rights violations by 
security forces in Kashmir, by dousing himself in kerosene and lighting 
himself on fire.
    There reportedly was no action taken against members of the 
security forces responsible for the following killings in Jammu and 
Kashmir: The February 2001 ``encounter'' killing of Azam Ali in 
Nalgonda; the May 2001 alleged custody killing of Aijaz Ahmad Kitab; 
the January 2000 alleged custody killing of Mohammad Tahir Shah; the 
March 2000 alleged custody killing of Gulab Muhammad Chechi.
    According to local press reports, the number of persons killed in 
encounter deaths varied widely throughout the country. In Delhi there 
were eight reported encounter deaths; in Chennai there were six; in 
Gujarat there were three. However, in Uttar Pradesh, there were 260; in 
Bihar there were 68, and in Mumbai there were 47.
    The National Human Rights Commission (NHRC), called for all alleged 
encounter deaths to be investigated immediately by an independent 
agency; however, such an agency was not established during the year. In 
addition, members of the security forces rarely were held accountable 
for these killings. The NHRC may inquire into alleged security force 
abuses in Jammu and Kashmir but does not have the statutory power to 
investigate such allegations. Human rights activists maintained that 
the Government increasingly substituted financial compensation to 
victims' families for punishment of those found guilty of illegal 
conduct. In an overwhelming majority of cases where compensation was 
recommended, it never was delivered. In some cases, victims or victims' 
families distrusted the military judicial system and petitioned to 
transfer a particular case from a military to a civil court. The 
authorities generally did not report encounter deaths that occurred in 
Jammu and Kashmir to the NHRC; however, private citizens informed the 
Commission of various abuses.
    The security forces killed many civilians during military 
counterinsurgency operations in Jammu and Kashmir. For example, in 
October security forces killed nine persons following a gun battle 
between militants and security officials in Kashmir.
    The Armed Forces Special Powers Act and the Disturbed Areas Act 
remained in effect in several states in which active secessionist 
movements exist, namely, in Jammu and Kashmir, Nagaland, Manipur, 
Assam, and parts of Tripura. The Disturbed Areas Act gives police 
extraordinary powers of arrest and detention, which, according to human 
rights groups, allowed security forces to operate with virtual impunity 
in areas under the act. The Armed Forces Special Powers Act provides 
search and arrest powers without warrants (see Section 1.d.).
    Accountability remained a serious problem in Jammu and Kashmir. 
Security forces committed thousands of serious human rights violations 
over the course of the conflict, including extrajudicial killings, 
disappearances, and torture (see Sections 1.b. and 1.c.). Despite this 
record of abuse, only a few hundred members of the security forces have 
been prosecuted and punished since 1990 for human rights violations or 
other crimes. Punishments ranged from reduction in rank to imprisonment 
for up to 10 years.
    In order to get greater accountability for abuses committed by 
security forces members in Jammu and Kashmir, the NHRC recommended that 
the Government allow the NHRC to investigate complaints of the army and 
paramilitary forces excesses; however, the Government decided that the 
paramilitary forces were part of the armed forces. As such, 
paramilitary forces were protected from investigation by the NHRC and 
from criminal prosecution for certain acts under various emergency 
statutes. Under the Human Rights Protection Act, the NHRC cannot 
directly investigate allegations of human rights abuses by the armed 
and paramilitary forces.
    Violence, often resulting in deaths, was a pervasive element in 
Jammu and Kashmir politics (see Section 3). According to the Jammu and 
Kashmir Director General of Police, shootings, explosions, and suicide 
attacks during the election killed more than 800 persons. More than 260 
civilians, 250 security personnel, and 370 militants were killed in 
politically motivated violence during the year. For example, between 
August and October militants killed 44 persons from the National 
Conference Party, Congress Party, People's Democratic Party and 
independent activists and two candidates, Jammu and Kashmir Law 
Minister Mushtaq Ahmed Lone and Abdul Rehman. Supporters of different 
political parties, and supporters of different factions within one 
party, frequently clashed with each other and with police during the 
election.
    There were many allegations that military and paramilitary forces 
engaged in abduction, torture, rape, arbitrary detention, and the 
extrajudicial killing of militants and noncombatant civilians, 
particularly in areas of insurgencies (see Sections 1.b., 1.c., 1.d., 
and 1.g.). The majority of complaints during the year involved 
individual cases; while there had been complaints of individual houses 
being destroyed, there were no reports of entire villages being burned 
by armed forces or of mass killings, as in past years. Human rights 
groups alleged that police often faked encounters to cover up the 
torture and subsequent killing of both militants and noncombatants. For 
example, in May police arrested Bhujangrao Bhandari in Nerul. Police 
asserted that Bhandari had hung himself; however, since Bhandari only 
had one arm, human rights observers said the police version lacked 
credibility. By year's end, no inquiry had been ordered in Bhandari's 
case. The number of persons killed and injured in militant violence in 
the northeastern states was significant but was much lower than the 
numbers killed in similar violence in Kashmir. The Home Ministry 
reported that during 2001, 107 members of the security forces, 429 
civilians, and 517 militants were killed in the northeast. According to 
India Today, deaths in Mumbai in police encounters from January to July 
were 39, compared with 92 in 2001. Numerous incidents of encounters 
involving security forces and militant organizations such as the United 
Liberation Front of Assam (ULFA), the National Democratic Front of 
Bodoland (NDFB), and the United People's Democratic Solidarity (UPDS) 
continued. For example, on October 30 in Guwahati two militants 
allegedly involved in a mortar attack on Dispur on October 27 were 
killed by state police. An investigation by the Assam Human Rights 
Commission resulted in the transfer of two senior police officials. In 
November police shot and killed two men they claimed were Pakistani 
terrorists. A witness challenged the police account of the shooting, 
alleged the encounter was fake, and later filed a petition in the Delhi 
High Court seeking an independent inquiry into the incident. At year's 
end, the witness claimed that the Government put pressure on him to 
change his statement.
    No action reportedly was taken by the Chief Minister of Andhra 
Pradesh in the 2001 killing of Azam Ali or Purushotham. The Andhra 
Pradesh Civil Liberties Commission (APCLC) believed that the police, 
not the PWG, were involved in the killings. In 2001 Amnesty 
International (AI) had asked the Chief Minister of Andhra Pradesh to 
order an impartial investigation into the killing of Purushotham and 
Azam Ali. There were no reports of any action taken against the 
responsible members of the police who killed six PWG activists and one 
civilian in June 2001.
    The NHRC investigated 285 reported cases of encounter deaths 
allegedly committed by the Andhra Pradesh police in connection with 
anti-People's War Group (PWG) operations. According to the Andhra 
Pradesh Civil Liberties Committee, the NHRC had evidence of police 
culpability in several cases. However, such cases had not been 
adjudicated in the courts or otherwise acted on by the state 
government. The Government's failure to act expeditiously on NHRC 
findings discouraged local human rights groups from filing additional 
encounter death cases with the NHRC. As evidence that encounters often 
were faked by police, human rights groups cited the refusal of police 
officials to turn over the bodies of suspects killed. The bodies often 
were cremated before families could view them. The trial continued in 
the 2001 NHRC investigation of 285 reported cases of encounter deaths 
allegedly committed by the Andhra Pradesh police in connection with 
anti-PWG operations.
    In Andhra Pradesh, the Disturbed Areas Act had been in force in a 
number of districts for more than 4 years. Human rights groups alleged 
that security forces were able to operate with virtual impunity under 
the act. They further alleged that Andhra Pradesh police officers 
trained and provided weapons to an armed vigilante group known as the 
``Green Tigers,'' whose mission was to combat the Naxalite group in the 
state. In November, two alleged LTTE terrorists were killed by the 
police in Tamil Nadu. Little was known about the size, composition, or 
activities of this group.
    Court action in cases of extrajudicial killings was slow and 
uncertain. In one case, Army Major Avtar Singh was arrested in 1998 for 
the 1996 killing of human rights monitor Jalil Andrabi in Kashmir. 
Singh and 11 countermilitants were charged with Andrabi's killing and 
10 other unlawful killings. Criminal charges and a court martial still 
were pending against Singh at year's end. Human rights workers alleged 
that the central government and the Jammu and Kashmir state government 
both attempted to subvert the judicial process by withholding evidence 
in the case. There were no developments in the 1996 killing of human 
rights monitor Parag Kumar Das, who allegedly was killed by a militant 
who previously had surrendered and was supported by the Government.
    Police frequently used excessive force indiscriminately against 
demonstrators, killing citizens (see Section 2.b.).
    In July the Supreme Court ordered regular checks on police stations 
to ascertain the incidence of custodial violence against persons. The 
Court directed state human rights commissions and other civic rights 
protection committees to conduct surprise checks. These checks were 
conducted in a small number of police stations in the States of Madhya 
Pradesh and West Bengal.
    Deaths in custody were common both for suspected militants and 
other criminals. According to the NHRC, there were 1,305 reported 
deaths in custody nationwide during 2001, the latest year for which 
data were available. Many died from natural causes aggravated by poor 
prison conditions (see Section 1.c.).
    For example, in April Karna Chetri was found dead in the Sardar 
Police Station in Assam following a reported scuffle and a bullet 
injury. In May several police officers reportedly beat to death a 
retired police officer at the Gauripur police station in Guwahati, 
Assam. The retired police office had entered the station to seek the 
release of his son who had been arrested for reckless driving. The son 
was also tortured by the police, but no one was held accountable. In 
May police detained and beat to death Amit Arora at the police station 
in Jaipur, Rajasthan. Arora reportedly had planned to expose a corrupt 
police unit in Jaipur. Citizens protested local police after police 
denied the death. The police ordered an inquiry into the death, filed 
charges against some of police responsible, and transferred 37 police 
officers to another station by year's end. In August the police 
detained a member of the CPI (ML) in Janashakti under suspicion of 
Naxalite activities. When he was taken to the hospital one day later, 
doctors declared that he had died in custody. After an investigation by 
the police, the Andhra Pradesh Home Minister Goud ordered the 
installation of video cameras in jails; however, by year's end the 
order had not been implemented.
    The NHRC focused on torture and deaths in custody by directing 
district magistrates to report all deaths in police and judicial 
custody to the commission and stating that failure to do so would be 
interpreted as an attempted coverup. Magistrates appeared to be 
complying with this directive, although states varied in their 
adherence to NHRC directives on custodial deaths. However, security 
forces were not required to report custodial deaths in Jammu and 
Kashmir or the northeastern states to the NHRC and did not do so. The 
final Criminal Investigation Department report of Uttar Pradesh 
concluded that the cause of Ram Kishore's 1993 death was natural, due 
to heart problems. There reportedly was no action taken or formal 
investigation into the July 2001 death of the Masood in Jammu and 
Kashmir. In addition, there was no report from the Home Ministry and 
Defense Ministry regarding media reports of custodial deaths, which the 
NHRC requested in 2001.
    During the year, some state governments took some measures 
regarding custodial deaths. Following NHRC guidelines, in 2001 the 
state government of Maharashtra mandated automatic post-mortem 
examinations and inquiries by a magistrate following all cases of 
custodial deaths. The district jail in Pune, the state's second largest 
city, became the first in the country to adopt video-conferencing to 
help magistrates determine the health and well-being of persons in 
judicial custody (see Section 1.c.).
    In Bihar the NHRC recorded 144 custodial deaths in its 2001-2002 
reporting period. According to the NHRC, the Bihar government had not 
been responsive to NHRC directives and reports addressing police 
training and accountability. However, the Bihar Inspector General of 
Prisons reportedly stated that of the 144 cases, only 15 were 
``unnatural deaths.'' Human rights sources claimed that the number was 
higher. The NHRC Chairperson stated that Bihar had the second highest 
number of human rights violations in the country, and it had not yet 
formed a State Human Rights Commission.
    Killings and abductions of suspected militants and other persons by 
progovernment countermilitants continued to be a significant problem in 
Jammu and Kashmir. Countermilitants were members of police auxiliary 
units consisting of former separatists who surrendered to government 
forces, but who retained their weapons and paramilitary organization. 
Government agencies funded, exchanged intelligence with, and directed 
the operations of countermilitants as part of the counterinsurgency 
effort. The Government also recruited countermilitants into the Special 
Operations Group of the Jammu and Kashmir police and into the Border 
Security Force. Countermilitants were known to search persons at 
roadblocks (see Section 2.d.) and guard large areas of the Kashmir 
Valley from attacks by militants. The Government, through its 
sponsoring and condoning of extrajudicial countermilitant activities, 
was responsible for killings, abductions, and other abuses committed by 
these militant groups. According to a 2000 estimate, as many as 3,000 
countermilitants continued to operate in Jammu and Kashmir, 
particularly in the countryside, outside major towns.
    Insurgency and ethnic violence was a problem in the seven 
northeastern states. The main insurgent groups in the northeast 
included two factions of the National Socialist Council of Nagaland 
(NSCN) in Nagaland; Meitei extremists in Manipur; the ULFA and the Bodo 
security forces in Assam; and the All Tripura Tiger Force (ATTF) and 
the National Liberation Front of Tripura (NLFT) in Tripura. The 
proclaimed objective of many of these groups was to secede from the 
country. Their stated grievances against the Government ranged from 
charges of neglect and indifference to the widespread poverty of the 
region to allegations of active discrimination against the tribal and 
nontribal people of the region by the central government (see Section 
5). The oldest of these conflicts, involving the Nagas, dates back to 
the country's independence in 1947. During the year, talks continued 
between various insurgent groups and central and state government 
officials. In July the Government and the National Socialist Council of 
Nagaland-Isaac and Muivah (NSCN-IM) announced the extension of the 
unilateral August 2001 cease-fire, which was extended until August 
2003. The talks between the Government and the NSCN-IM continued when 
representatives of the two met in Malaysia. Subsequently, the talks 
also led to the withdrawal of arrest warrants against NSCN-IM leaders 
by the Nagaland Chief Minister. Unlike in previous years, the 
Government's extended cease-fire was not resisted in Manipur, Assam, 
and Arunachal Pradesh, and there were no reports of protests as a 
result of the continued cease-fire.
    Surrenders by militants in the northeast, often under government 
incentive programs, were common in recent years. Surrendered militants 
usually were given a resettlement and retraining allowance and other 
assistance. In Andhra Pradesh, the state government offered a financial 
package to surrendered PWG militants, a program that prompted hundreds 
of Naxalites to leave the movement in recent years. According to human 
rights activists and journalists, a few surrendered militants were 
allowed to retain their weapons and were working for the police as 
anti-PWG officers, residing in police camps and barracks. Human rights 
groups alleged that police used former militants to kill Naxalites and 
human rights activists with close links to the PWG, although police 
attributed such killings to internal feuds within the PWG. Several 
hundred PWG militants surrendered during the year.
    In Tripura a systematic surrender of arms by a faction of NLFT 
insurgents and NLFT fringe groups was due to the increased security 
pressure and to infighting within NLFT insurgent ranks. Since 2000 a 
few hundred militants surrendered in small groups to the security 
forces, handing in their weapons.
    The killings of ULFA leaders' family members during the year 
renewed concerns about the situation in Assam. On January 4, 
unidentified assailants shot and killed three relatives of two ULFA 
militants, including two relatives of ULFA deputy commander in chief 
Raju Baruah. In addition, ULFA militants killed Avinash Bordoloi and 
two other surrendered ULFAs in Nalbari district. On June 25, five 
tribal militants were killed and several were injured during a series 
of encounters between NLFT and ATTF at Takarjala in Tripura. More than 
87,000 persons lived under poor conditions in relief camps in Assam's 
Kokrajhar, Gosaigaon, and adjoining districts as a result of the 
ongoing violence between Bodos and Santhals (see Section 2.d.).
    Militant groups in Manipur, Tripura, and Assam continued to attack 
civilians. For example, in April four tribals were killed after they 
had been abducted by NLFT militants in West Bengal's Takajala area. In 
June two Gorkha Rifles personnel were killed, and five others were 
injured by NSCN (IM) militants. In August NLFT killed four CPM 
activists in Kanchanpur, Tripura. On October 27, NDFB militants killed 
22 villagers in Datgiri in Assam's Kokerahjar district.
    In Assam 97 civilians, 206 militants, and 25 security force 
personnel were killed in clashes with militants during 2001.
    In Manipur 25 civilians, 72 militants, and 34 security force 
personnel were killed in clashes with militants during the year. The 
Manipur government declared a month-long ceasefire with militants in 
March 2001, but numerous persons were killed in counterinsurgency 
incidents after the ceasefire went into effect. In Manipur 18 militant 
groups reportedly were active, including outlawed Meitei organizations.
    In Tripura separatist-related violence continued and resulted in 
the deaths of 73 civilians, 28 militants, and 30 security force 
personnel.
    In Nagaland 2 civilians, 13 militants, and 2 security force 
personnel were killed in clashes with militants during the year. 
Throughout the year, talks continued between various Naga separatists 
and central and state government officials. In November the Government 
decided now to renew a ban on the Naga group, NSCN-IM, in anticipation 
of talks with the NSCN-IM. The Government's continued negotiations with 
Naga separatists over a cease-fire caused significant unrest in 
Nagaland and in neighboring states.
    In the north-central states of Bihar, Jharkhand, Orissa, and West 
Bengal, clashes between police officers and PWG continued. For 
instance, in January PWG members detonated a bomb in Gumla district, 
which killed 11 persons, including 9 policemen. On November 19, PWG 
members detonated a bomb on a bus in Andhra Pradesh, which killed 14 
persons. On December 26, PWG members attacked a village and killed 
seven persons, including women and children. The police sometimes 
responded with violence; for example, in January 2001, an activist of 
the Communist Party of India Liberation Front was killed and five 
others injured police fired on a procession of the Naxalite party in 
Gaya district of Bihar (see Section 2.b.). According to police, 82 
Naxalites were killed in armed encounters during the year. Twenty years 
of guerrilla-style conflict between state authorities and Naxalites led 
to serious human rights abuses committed by both sides.
    Killings of security force members by militants in Jammu and 
Kashmir increased for the fourth year in a row. According to official 
statistics, 181 security force personnel were killed in the state 
during the year.
    During the year, militant groups in Jammu and Kashmir targeted 
civilians, members of the security forces, and politicians. According 
to the Minister of State for Home, militants had killed 907 civilians 
as of November 15, compared with 996 in 2001. For example, in two 
separate attacks in May and November, terrorists entered Hindu 
Raghunath Temple and killed 25 persons. On May 15, 30 persons were 
killed and 48 injured by militants in Kaluchak when gunmen opened fire 
on a bus and stormed an army camp. In May militants killed moderate 
Kashmiri separatist leader Abdul Gani Lone at a political meeting in 
Srinagar. The militant group Al-Badr claimed responsibility for the 
Abdul Gani killing. In June three policemen were killed and several 
injured by militants in Srinagar. On July 14, militants killed 28 
persons in Rajiv Nagar slum area in Jammu. In August 9 Hindu pilgrims 
were killed and 30 injured by militants in Pahalgam during the annual 
Amarnath Yatra (see Section 2.c.). In November six members of the 
India's Central Reserve Police Force were killed and nine injured by 
two militants in a suicide attack on a police camp in Kashmir. On 
December 20, Abdul Aziz Mir, a People's Democratic Party member of the 
state assembly, was killed by militants while returning home from 
Friday prayers. The militant group Save Kashmir Movement claimed 
responsibility for the Abdul Aziz Mir killing.
    There reportedly was no action taken against the responsible 
militants in the following cases: The January 2001 killing of two 
civilians on the Kashmir airport; the January 2001 grenade attack on 
Farooq Abdullah in Srinagar; the November 2001 killing of four soldiers 
by LET terrorists in Anantnag District; the August 2000 killing of six 
Hindu villagers in Jammu. However, in the December 2000 killing of a 
soldier and two civilians at Delhi's Red Fort, a trial was ongoing and 
has resulted in one conviction to date.
    Nearly 800 persons were killed and 500 civilians were injured in 
violence related to the October Jammu and Kashmir Legislative Assembly 
polls (see Sections 1.g. and 4).
    Religious and ethnically motivated violence caused numerous deaths, 
and there were reports that government agents encouraged this behavior 
(see Section 5).
    Mob lynchings of tribal people occurred in many states (see Section 
5).

    b. Disappearance.--According to human rights groups, 
unacknowledged, incommunicado detention of suspected militants 
continued in Jammu and Kashmir. In October 2001, the Government of 
Jammu and Kashmir stated that during the last 6 years, 2,250 persons 
were reported missing. The state government claimed that most of those 
who disappeared were young men who crossed into Pakistan-controlled 
Kashmir for training in terrorist camps.
    According to the Kashmir Times, 152 militants were arrested between 
January and November. In comparison, according to the Ministry of Home 
Affairs, 645 suspected militants were arrested in 2000. Human rights 
organizations alleged that the decline in the number of militants 
arrested was consistent with reports that security forces were killing 
many militants captured in encounters (see Section 1.a.); that pattern 
continued during the year. According to an AI report released in 2000, 
there have been between 700 and 800 unsolved disappearances in Kashmir 
since 1990. In the northeastern states, the Government was unable to 
provide complete statistics for the number of persons held under 
special security laws, but acknowledged that 43 persons were in 
detention under the National Security Act as of 1998. Although the 
Government allowed the Terrorist and Disruptive Practices (Prevention) 
Act (TADA) to lapse in 1995, one human right organization credibly 
reported that more than 1,000 persons remained in detention awaiting 
prosecution under the law. Several thousand others are held in short-
term (1-day to 6 months' duration) confinement in transit and 
interrogation centers.
    In June in Rawalapora numerous persons gathered to protest the 
alleged custodial disappearance of Manzoor Ahmad Dar. Dar allegedly was 
detained by Special Operations Group (SOG) of the Jammu and Kashmir 
police. Later in the year, the police admitted involvement; however, 
they denied any claim that the disappearance was the work of the 
security forces.
    There were no developments in the case of Chundrakpam Ongabi 
Sumila's husband, who was abducted in May 2001 by suspected Assam 
Rifles. In addition, there were no developments in the February 2000 
disappearance of M. Akbar Tantray.
    Human rights groups maintained that in Jammu and Kashmir and in the 
northeastern states several hundred persons were held by the military 
and paramilitary forces in long term unacknowledged detention in 
interrogation centers and transit camps that nominally were intended 
only for short term confinement. Human rights groups feared that many 
of these unacknowledged prisoners were subjected to torture and 
extrajudicial killing (see Sections 1.a. and 1.c.). In August 2000, AI 
reported that the disappearances of up to 1,000 persons reported 
missing in Jammu and Kashmir since 1990 remained unexplained by 
authorities.
    The Government maintained that screening committees administered by 
the state governments provided information about detainees to their 
families. However, other sources indicated that families were able to 
confirm the detention of their relatives only by bribing prison guards. 
In November the state government of Jammu and Kashmir responded to this 
problem by installing a screening system to review old detention cases 
and released numerous detainees (see Section 1.d.).
    In Punjab the pattern of disappearances prevalent in the early 
1990s appeared to have ended. Hundreds of police and security officials 
were not held accountable for serious human rights abuses committed 
there during the counterinsurgency of 1984-94. The Central Bureau of 
Investigation (CBI) claimed to be pursuing actively charges against 
dozens of police officials implicated in the ``mass cremations'' in 
which police in Amritsar, Patti, and Tarn Taran district secretly 
disposed of approximately 2,000 bodies of suspected militants. The 
militants were believed to have been abducted, extrajudicially 
executed, and cremated without the knowledge or consent of their 
families. During the year, the NHRC examined the cases of 585 fully 
identified bodies to ascertain whether police officers had been 
responsible for the deaths or for any human rights violation; however, 
the Government continued to challenge the NHRC's jurisdiction in the 
cases. By year's end, no significant progress was made in identifying 
the cremated bodies or bringing to justice those responsible for the 
killings. These numbers demonstrated the extent of the violence during 
those years and, given the pattern of police abuses prevalent during 
the period, credibly included many persons killed in extrajudicial 
executions. In 1998 former Justice Singh announced that the Committee 
for the Coordination on Disappearances in Punjab (CCDP) would form a 
three-member commission to investigate the mass cremations. The 
Commission met with inaction on the part of the authorities and made 
little progress during the year (see Section 4).
    AI expressed concern that Punjab police officials continued to 
obstruct the judicial inquiry into the death of human rights monitor 
Jaswant Singh Khalra. During the year, the case was scheduled for 
recording evidence in a Session court; however, by the time evidence 
started to be recorded in November, a key witness denied having been 
witness to Khalra's disappearance into police custody. Before his 
death, Khalra was investigating the cremation of unidentified bodies by 
Tarn Taran police. These and other events prompted extended public 
debate over the accountability of Punjab police for abuses committed 
while suppressing a violent insurgency. According to human rights 
monitors in Punjab, approximately 100 police officials either faced 
charges, were prosecuted, or were under investigation for human rights 
abuses at year's end.
    There were credible reports that police throughout the country 
often did not file required arrest reports. As a result, there were 
hundreds of unsolved disappearances in which relatives claimed that an 
individual was taken into police custody and never heard from again. 
Police usually denied these claims, countering that there were no 
records of arrest. There were no developments in the 2001 cases of the 
four persons arrested without an arrest memo and held by Border 
Security Force (BSF) officers in Churachandpur district.
    In Manipur 14-year-old Yumlembam Sanamacha has been missing ever 
since soldiers arrested him in 1998. During the year, there was a 
judicial review into the Sanamacha case, and the family was awarded 
compensation from the state government of $6,250 (RS 300,000); however, 
by year's end, the award had not been given to the family.
    Militants in Jammu and Kashmir and the northeastern states 
continued to use kidnapings to terrorize the population, seek the 
release of detained comrades, and extort funds. Sometimes kidnaped 
persons later were killed (see Sections 1.a. and 1.g.). There were 211 
reported kidnapings in the northeastern states during the year. For 
example, on September 1, suspected NLFT militants abducted an 8-year-
old boy from a village in Dhalai district, Tripura. On December 19, 
NLFT militants abducted three sons of a local level leader in the same 
district.
    During the year, there were no developments in the following 2001 
cases of kidnapings by militants: The January kidnaping of a CPM worker 
from Dhalai district; the July kidnaping of Parthapratim Roy Burman; 
the August kidnaping of Sambhu Nath and Ram Avtar Chakravarty in south 
Assam; the August kidnaping of six persons from Rangrung tea estate in 
North Tripura; the August kidnaping of seven Hindu youths in the 
Rajouri district of the Kashmir valley in Jammu and Kashmir; and the 
August kidnaping of a group of Hindu shepherds in Doda district.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits torture, and confessions extracted by 
force generally are inadmissible in court; however, authorities often 
used torture during interrogations. In other instances, authorities 
tortured detainees to extort money and sometimes as summary punishment.
    The U.N. Special Rapporteur on Torture reported that the security 
forces systematically tortured persons in Jammu and Kashmir to coerce 
confessions to militant activity, to reveal information about suspected 
militants, or to inflict punishment for suspected support or sympathy 
with militants. Information was not made public regarding any instances 
of action taken against security force personnel in Jammu and Kashmir 
for acts of torture.
    In June members of the security forces tortured and killed the 
brother of an alleged terrorist from Kupwara. Police alleged the victim 
died in a skirmish while he was leading them to a terrorist hideout. 
There were no reports of an investigations by year's end. There were no 
developments in the following 2001 cases: The February torture of a man 
from Surankot; the torture of Gulzar Ahmad Ganie; or the death of 
students Shiraz Ahmad Khan and Syed Malik.
    The U.N. Special Rapporteur on Torture noted that methods of 
torture included beating, rape, crushing the leg muscles with a wooden 
roller, burning with heated objects, and electric shocks. Because many 
alleged torture victims died in custody, and others were afraid to 
speak out, there were few firsthand accounts, although marks of torture 
often were found on the bodies of deceased detainees. Unlike in the 
previous year, the Home Ministry did not extend an invitation to the 
U.N. Special Rapporteurs on Torture and on Extrajudicial Killings or 
the Special Rapporteur on Extrajudicial killings.
    The prevalence of torture by police in detention facilities 
throughout the country was reflected in the number of cases of deaths 
in police custody (see Section 1.a.). New Delhi's Tihar jail was 
notorious for the mistreatment of prisoners, with approximately 10 
percent of custodial deaths occurring there. Police and jailers 
typically assaulted new prisoners for money and personal articles. In 
addition, police commonly tortured detainees during custodial 
interrogation. Although police officers were subject to prosecution for 
such offenses under the Penal Code, the Government often failed to hold 
them accountable. According to AI, torture usually takes place under 
two contexts: In the course of regular criminal investigations and 
following unlawful and arbitrary arrests. For example, during criminal 
investigation police frequently resorted to torture to extract 
information from suspects while in custody, and legislation was 
reported to be misused during which torture frequently took place. 
There were no developments in the 2001 case of the torture of prisoner 
Yunus Fakir Mohammad Shaikh.
    Police also tortured other citizens. In November a 37-year-old man 
was arrested by the police in Chennai on charges of belonging to an 
extremist political organization. According to a local NGO, he was kept 
in custody for 4 days and tortured. At year's end, charges had not been 
filed. In April 2001 a 14-year-old girl allegedly was abducted, 
tortured with electric shocks, and raped for 6 days by the Patiala 
police (see Sections 1.g. and 5). At year's end, no police officer had 
been charged.
    There also were incidents in which police beat journalists (see 
Section 2.a.), demonstrators (see Section 2.b.), and Muslim students 
(see Section 2.c.). Police also committed abuses against tribal people 
(see Section 5).
    The rape of persons in custody was part of the broader pattern of 
custodial abuse. NGOs asserted that rape by police, including custodial 
rape, was more common than NHRC figures indicated. Although evidence 
was lacking, a higher incidence of abuse appeared credible, given other 
evidence of abusive behavior by police and the likelihood that many 
rapes were unreported due to a sense of shame and a fear of retribution 
among victims. However, limits placed on the arrest, search, and police 
custody of women appeared effectively to limit the frequency of rape in 
custody. In January a tribal woman alleged that she was raped by the 
head constable in Vaniyyambadi Police Station in Tamil Nadu after being 
arrested on theft charges.
    There reportedly was no action taken against members of the 
security forces responsible for the following 2001 cases of rape of 
persons in custody: The October rape of a tribal woman and the rape of 
Mary Lushai in Dhalai, Tripura. At year's end, the Government had not 
disciplined or charged the police officers involved in the September 
2000 rape of a 16-year-old girl arrested on suspicion of petty theft, 
despite repeated requests from the court. There were no developments in 
the July 2000 case of the rape of a tribal housewife in Lamdam village, 
Manipur by Central Reserve Police Force (CRPF) personnel. The CRPF 
alleged that the rape was committed in retaliation for an attack 
carried out on a CRPF patrol by People's Liberation Army militants the 
previous day (see Section 1.g.).
    In April a 17-year-old girl alleged three BSF force personnel in 
Pahalgam raped her. She stated that the BSF forces forced their way 
into her home and raped her at gunpoint. In April the state ordered an 
inquiry into the rape.
    There was a pattern of rape by paramilitary personnel in Jammu and 
Kashmir and the northeast as a means of instilling fear among 
noncombatants in insurgency-affected areas (see Section 1.g.), but it 
was not included in NHRC statistics because it involved the military 
forces. According to an NGO in Kashmir, there were 200 rapes by 
paramilitary personnel in 2000. Another NGO reported 10 cases of rape 
during the year.
    The NHRC had not released the statistics of its actions against 
police during the year.
    Some militant groups in the northeast used rape as a tactic to 
terrorize the populace; however, no cases were known to be reported 
during the year.
    According to press reports, prison officials used prisoners as 
domestic servants and sold female prisoners to brothels (see Sections 
5, 6.c., and 6.f.).
    In Jammu and Kashmir, torture victims or their relatives reportedly 
had difficulty in filing complaints because local police were issued 
instructions not to open a case without permission from higher 
authorities. In addition, the (Jammu and Kashmir) Special Powers Act 
provides that unless approval is obtained from the central government, 
no ``prosecution, suit, or other legal proceeding shall be instituted . 
. . against any person in respect of anything done or purported to be 
done in exercise of the powers of the act.'' This provision allowed the 
security forces to act with virtual impunity.
    The Government occasionally used excessive force in putting down 
demonstrations (see Section 2.b.). For example, AI reported that on 
July 20 police officers beat villagers who resisted police efforts to 
forcibly evict the villagers from their homes in Madhya Pradesh. AI 
recounted that approximately 400 police officers reportedly entered 
Khedi Balwadi and started pulling and dragging persons into vans. If 
persons tried to resist this police action, they were beaten severely. 
The villagers were taken to a resettlement site.
    The Government also occasionally used excessive force against 
tribal people. For example, in October police shot at three tribal 
persons in Orissa. In response to this incident, the Chief Minister 
suspended the District Superintendent of Police and the Additional 
District Magistrate. In addition, a three-member ministerial committee 
was ordered to inquire into the incident. There reportedly were no 
developments in the investigation of the April 2001 killing of 5 tribal 
persons in Madhya Pradesh or the March 2001 shooting of a Naxalite in 
Maraknar.
    Police corruption undermined efforts to combat trafficking in women 
and children (see Section 6.f.).
    Religiously motivated violence led to a number of deaths and 
injuries as well as damage to property (see Sections 1.a., 1.g., and 
5).
    Prison conditions were very poor. Prisons were severely 
overcrowded, and the provision of food and medical care frequently was 
inadequate.
    After a March 30 revolt by inmates in Bihar, the NHRC visited the 
Chhapra jail to study the circumstances that led to the revolt and 
subsequently to the Government entering the prison. During and after 
the Government intervention, six inmates were killed. The result of the 
study was a NHRC report critical of the jail authorities for continued 
poor prison conditions.
    In April hundreds of prisoners at the Divisional Jail in Bihar went 
on hunger strike to protest the assault on two of their colleagues by 
prison staff. The Government held talks with the prisoners. The 
prisoners demanded action against the officials involved in the 
assault.
    Overcrowding in prisons was common. For example, the Divisional 
Jail in Bihar had a planned capacity of 212 prisoners but held 750 
inmates. Prisons operated above capacity because more than 60 percent 
of the prison population were persons awaiting hearings (see Section 
1.d.). In Kashmir persons awaiting hearings made up 90 percent of 
prison population and in Bihar 80 percent. For example, New Delhi's 
Tihar jail, with a designed capacity of 3,300 persons, housed 9,000 
prisoners. The Chennai Central Prison in Tamil Nadu, designed to hold 
1,419 persons, housed more than 3,121 inmates. According to the SAHRDC, 
in the poorest states, such as Bihar, where 265 police stations had no 
lockup facilities, the lack of prisons led police to shackle prisoners 
to trees. The Prison Act remained unamended at year's end.
    The 1,140 deaths in judicial custody reported to the NHRC during 
the year included a large proportion of deaths from natural causes that 
in some cases were aggravated by poor prison conditions (see Section 
1.a.). A study conducted by the NHRC found that tuberculosis was the 
cause of death in most deaths in judicial custody. Deaths in police 
custody, which typically occurred within hours or days of initial 
detention, more clearly implied violent abuse and torture. However, in 
January 2001, the NHRC requested that the Commission be informed of any 
custodial death within 2 months and that a post-mortem report, 
magisterial inquest, and a video of the post-mortem be provided to the 
NHRC.
    NGOs were allowed to work in prisons, within specific governmental 
guidelines. In Kerala and Karnataka, the state governments selectively 
cleared NGOs to visit prisons. Although custodial abuse is deeply 
rooted in police practices, increased press reporting and parliamentary 
questioning provided evidence of growing public awareness of the 
problem. The NHRC identified torture and deaths in detention as one of 
its priority concerns.
    In September two transgender persons alleged that the Bandra 
railway police stripped them, locked them with alleged criminals, and 
encouraged the criminals to molest them. They reportedly were arrested 
for traveling without a train ticket, which normally merits a cash 
fine.
    In prison, women were housed separately from men in similar 
conditions. By law juveniles must be detained in rehabilitative 
facilities; however, at times they were detained in prison, especially 
in rural areas. Pretrial detainees were not separated from the general 
prison population.
    With the exception of an agreement with the International Committee 
of the Red Cross (ICRC) for visits to detention facilities in Jammu and 
Kashmir, the Government did not allow NGOs to monitor prison conditions 
in those regions (see Section 4). However, 15 states and union 
territories have authorized the NHRC to conduct surprise check-ups on 
jails. The NHRC's ``Special Rapporteur and Chief Coordinator of 
Custodial Justice'' helped implement its directive to state prison 
authorities to ensure that medical check-ups were performed on all 
inmates.

    d. Arbitrary Arrest, Detention, or Exile.--The Government 
implemented a variety of special security laws intended to help law 
enforcement authorities fight separatist insurgencies, and there were 
credible reports of widespread arbitrary arrest and detention under 
these laws during the year.
    According to AI, the authorities continued to use the TADA, 
although it lapsed in 1995, to detain persons in Jammu and Kashmir. 
Human rights sources estimated that approximately 1,000 persons 
remained in custody under TADA or related charges at year's end. A 
small number of arrests under the TADA continued for crimes allegedly 
committed before the law lapsed. In November the Jammu and Kashmir 
governments established a committee to review detainees' cases; 
however, the committee had not met at year's end. TADA courts used 
abridged procedures. For example, defense counsel was not permitted to 
see witnesses for the prosecution, who were kept behind screens while 
testifying in court. Also, confessions extracted under duress were 
admissible as evidence. The special task force established by the state 
police forces of Karnataka and Tamil Nadu to capture a bandit hiding in 
forests in the border area between the 2 states had arrested some 121 
persons under the TADA prior to the law's lapse; 51 of these persons 
still were in custody at year's end.
    In March the Prevention of Terrorism Ordinance (POTO) was enacted 
into law and changed to the Prevention of Terrorism Act (POTA). The 
POTA allows detention without charge for 3 months, deems not disclosing 
information to the authorities about terrorist activities an offense, 
and provides extensive new powers to ban organizations and seize their 
assets. This ordinance is similar to the TADA in that it permits 
detention for 30 days without trial, summary trials, and the use of 
testimony exacted under duress. In addition, the bill provides for 
special courts to try offenses, place the burden of proof at the bail 
stage on the accused, make confessions to a police officer of the rank 
of superintendent of police admissible as evidence, extend the period 
of remand from 15 to 60 days, and set mandatory sentences for 
terrorism-related offenses. Since the POTO and POTA were enacted, the 
Jammu and Kashmir police have arrested approximately 426 people, 50 
percent of whom were charged with sheltering terrorists. In March Yasin 
Malik, Hurriyat leader and the Chairman of the Jammu and Kashmir 
Liberation Front, was arrested under POTA. He was released on bail in 
June; however, he was re-arrested the same day under the Jammu and 
Kashmir Public Safely Act (PSA), which does not require a charge. In 
November he was released again; however, he still faced charges under 
the POTA. In July in Madhya Pradesh, police invoked POTA against the 
Naxalites PWG.
    In addition, the POTA was used to arrest members of various 
organizations and opposition political parties on charges of publicly 
expressing support of the banned LTTE terrorist group. For example, on 
July 11, police arrested Marumalachi Dravida Munnetra Kazahagam leader 
Vaiko for speaking in support of the LTTE at a public meeting. On 
August 1, Tamil Nationalist Movement leader Pazha Nedumaran was 
arrested for convening a conference in support of the LTTE in Chennai. 
In August police arrested P. Nedumaran under POTA for being a supporter 
of the Tamil terrorist group. At year's end, 15 persons had been 
arrested under the POTA.
    In December a special court in New Delhi issued the first 
conviction under the POTA and ruled that four accomplices of the 
militants who attacked the Indian Parliament in December 2001 were 
guilty (see Section 1.g.). Three of the defendants were sentenced to 
death and the fourth was sentenced to 5 years imprisonment and fined 
$200 (RS 10,000).
    Preventive detention laws in the event of threats to public order 
and national security exist. An individual may be detained--without 
charge or trial--for up to 3 months, and detainees were denied their 
rights or compensation for unlawful arrest or detention. In addition to 
providing for limits on the length of detention, the preventive 
detention laws provide for judicial review. Several laws of this type 
remain in effect.
    The National Security Act (NSA) permits the detention of persons 
considered to be security risks; police anywhere in the country (except 
for Jammu and Kashmir) may detain suspects under NSA provisions. Under 
these provisions, the authorities may detain a suspect without charge 
or trial for as long as 1 year on loosely defined security grounds. The 
NSA does not define ``security risk.'' The state government must 
confirm the detention order, which is reviewed by an advisory board of 
three High Court judges within 7 weeks of the arrest. NSA detainees are 
permitted visits by family members and lawyers, and must be informed of 
the grounds for their detention within 5 days (10 to 15 days in 
exceptional circumstances). The Government was not able to provide 
figures on how many persons were detained nationwide under the NSA, but 
in 1997 there were 1,163 such persons. According to press accounts 
during the year, there were no cases of persons detained under NSA in 
the northeast. Human rights groups alleged that preventive detention 
may be ordered and extended under the act purely on the opinion of the 
detaining authority and after advisory board review. No court may 
overturn such a decision.
    The PSA covers corresponding procedures for that state. More than 
half of the detainees in Jammu and Kashmir were held under the PSA. 
Under these provisions, the authorities may detain a suspect for 
detention without charge and without judicial review for up to 2 years; 
suspects do not have access to family members or legal council. For 
example, in June Syed Ali Shah Geelani, a senior Hurriyat leader, and 
his two sons-in-law were detained under the PSA and the Officials 
Secrets Act (see Section 2.a.). The Government charged Geelani with 
money laundering and possession of armed forces documents and charged 
his sons-in-law with possession of classified materials. At year's end, 
Geelani and one son-in-law remained in jail in Ranchi, Jharkand. The 
second son-in-law was released in November.
    The Supreme Court upheld the constitutionality of the Armed Forces 
Special Powers Act (AFSPA). In a representation made to the NHRC, the 
South Asia Human Rights Documentation Center (SAHRDC) asserted that the 
act's powers were ``too vast and sweeping and posed a grave threat to 
the fundamental rights and liberties of the citizenry of the 
(disturbed) areas covered by the act.'' The SAHRDC also asserted that 
the powers granted to authorities to declare any area to be a 
``disturbed area,'' and thus subject to the other provisions of the 
act, were too broad. Moreover, the SAHRDC noted that the act empowered 
any commissioned officer, warrant officer, noncommissioned officer, or 
any other person of equivalent rank in the armed forces to fire upon 
and otherwise use force, even to the point of death, if he believed 
that it was necessary for the maintenance of law and order. Further, 
the act states that ``no prosecution, suit, or other legal proceedings 
shall be instituted, except with the previous sanction of the central 
government against any person in respect of anything done or purported 
to be done in exercise of powers'' conferred by the act. The SAHRDC 
believed that many custodial deaths and extrajudicial killings had been 
committed as a result of the power granted to the armed forces under 
AFSPA.
    In June 2001, the police placed 23,000 opposition party leaders and 
workers, mostly from the DMK party, into preventive detention for 4 
days in Tamil Nadu. Police organized the arrests to forestall civil 
disorder after the arrest of former DMK Chief Minister Karunanidhi on 
criminal conspiracy charges. Opposition leaders and human rights 
activists alleged that the roundup was unprecedented in scale and was 
intended to intimidate the opposition. The arrests led to the 
overcrowding of already congested jails. In July 2001, the NHRC asked 
the Tamil Nadu state government to justify the arrests and explain 
apparent human rights violations. According to the NGO People's Watch, 
the state government responded to the inquiry by questioning the 
validity of the NHRC, and by year's end, the matter had been referred 
to the Supreme Court.
    In 2001 in Madurai Central prison, 3,008 opposition figures joined 
1,900 inmates in a facility designed for only 1,200 persons. Some of 
the opposition leaders taken into preventive detention were released 
after 4 to 5 days with no charges filed against them.
    Human rights groups alleged that between June and August, police 
detained 30 members of teachers' unions and other activist groups in 
Warangel and Mahboobnagar on suspicion of PWG membership. Police 
allegedly tortured some of the detainees and the teachers reportedly 
were ordered to resign from their jobs.
    The Constitution provides that detainees have the right to be 
informed of the grounds for their arrest, to be represented by counsel, 
and, unless held under a preventive detention law, to appear before a 
magistrate within 24 hours of arrest. At this initial appearance, the 
accused either must be remanded for further investigation or released. 
The Supreme Court has upheld these provisions. The accused must be 
informed of the right to bail at the time of arrest and may, unless 
held on a nonbailable offense, apply for bail at any time. The police 
must file charges within 60 to 90 days of arrest; if they fail to do 
so, court approval of a bail application becomes mandatory.
    A program of prison visits by the ICRC was designed in part to help 
assure communications between detainees and their families. During the 
year, the ICRC visited hundreds of detainees in approximately 20 places 
of detention, including all acknowledged detention centers in Jammu and 
Kashmir, and also visited Kashmiri detainees elsewhere in the country. 
However, the ICRC was not authorized to visit interrogation centers or 
transit centers, nor did it have access to regular detention centers in 
the northeastern states (see Sections 1.c. and 4). During the year, the 
ICRC stated that it encountered increasing difficulties in maintaining 
systematic access to people detained in connection with the situation 
in Jammu and Kashmir.
    The court system was extremely overloaded, resulting in the 
detention of thousands of persons awaiting trial for periods longer 
than they would receive if convicted. Prisoners were held for months or 
even years before obtaining a trial date. According to a report by the 
Home Affairs, there were 24 million cases pending during the year, and 
some cases had been pending since 1950. In July the Law Minister told 
Parliament that more than 500,000 cases were pending for more than one 
decade. In 1999 the chairman of the NHRC stated that 60 percent of all 
police arrests were ``unnecessary and unjustifiable'' and that the 
incarceration of those wrongly arrested accounted for 43 percent of the 
total annual expenditure on prisons. The commission found that 90 
percent of the 780 inmates that it studied were unconvicted prisoners 
awaiting completion of trial.
    In March 2001, the NHRC reported that it had directed the West 
Bengal government to pay $1,044 (RS 50,000) in compensation to the 
court guardian of a 12-year-old girl who was in the custody of the West 
Bengal police for nearly a decade because she was the sole witness to 
her parents' murder. The case against then-Bihar Minister of State for 
Cooperatives Lalit Yadav, his cousin, and four others still was pending 
at year's end for the alleged illegal detention and torture of a truck 
driver and cleaner at the minister's residence.
    In 2000 the Government announced that it was allocating $108.15 
million (RS 5.03 billion) to state governments for the creation of 
1,734 additional courts during 2000-2005 to hear more cases and reduce 
the number of remand prisoners. At year's end, 706 of these courts had 
been set up.
    There were political detainees reported during the year.
    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, serious problems remained. The 
judiciary was backlogged and understaffed in most parts of the country, 
and in Jammu and Kashmir, the judiciary barely functioned due to 
threats by militants and to frequent refusal by security forces to obey 
court orders.
    Courts of first resort exist at the subdistrict and district 
levels. More serious cases and appeals are heard in state-level high 
courts and by the national-level Supreme Court, which also rules on 
constitutional questions. State governments appoint subdistrict and 
district judicial magistrates. High court judges are appointed on the 
recommendation of the federal Law Ministry, with the advice of the 
Supreme Court, the High Court Chief Justice, and the chief minister of 
the State, usually from among district judges or lawyers practicing 
before the same courts. Supreme Court judges are appointed similarly 
from among High Court judges. The Chief Justice is selected on the 
basis of seniority. Under a Supreme Court ruling, the Chief Justice, in 
consultation with his colleagues, has a decisive voice in selecting 
judicial candidates. The President appoints judges, and they may serve 
up to the age of 62 on the state high courts and up to the age of 65 on 
the Supreme Court.
    When legal procedures functioned normally, they generally assured a 
fair trial, but the process often was drawn out and inaccessible to 
poor persons. The Criminal Procedure Code provides for an open trial in 
most cases, but it allows exceptions in proceedings involving official 
secrets, trials in which statements prejudicial to the safety of the 
State might be made, or under provisions of special security 
legislation. Sentences must be announced in public. Defendants have the 
right to choose counsel from attorneys who are fully independent of the 
Government. There were effective channels for appeal at most levels of 
the judicial system, and the State provides free legal counsel to the 
indigent. Defendants are allowed to question witnesses against them, 
present their own witnesses and evidence, and have access to government 
evidence held against them.
    Muslim personal status law governs many noncriminal matters 
involving Muslims, including family law, inheritance, and divorce. The 
Government does not interfere in the personal status laws of the 
minority communities, and as a result personal status laws that 
discriminate against women are upheld.
    In Jammu and Kashmir, the judicial system barely functioned due to 
threats by militants against judges, witnesses, and their family 
members; because of judicial tolerance of the Government's heavy-handed 
antimilitant actions; and because of the frequent refusal by security 
forces to obey court orders. Courts in Jammu and Kashmir were reluctant 
to hear cases involving terrorist crimes and failed to act 
expeditiously on habeas corpus cases, if they acted at all. There were 
a few convictions of alleged terrorists in the Jammu High Court during 
the year; many more accused militants had been in pretrial detention 
for years.
    Criminal gangs in all four southern states were known to attack 
rivals and scare off complainants and witnesses from court premises, 
denying free access to justice. In some cases, accused persons were 
attacked while being escorted by police to the courts.
    The U.N. Special Rapporteur on the Independence of the Judiciary 
was not invited to visit the country during the year.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The police must obtain warrants for searches and 
seizures. In a criminal investigation, the police may conduct searches 
without warrants to avoid undue delay, but they must justify the 
searches in writing to the nearest magistrate with jurisdiction over 
the offense. The authorities in Jammu and Kashmir, Punjab, and Assam 
have special powers to search and arrest without a warrant.
    The Government Enforcement Directorate (ED), which was mandated to 
investigate foreign exchange and currency violations, searched, 
interrogated, and arrested thousands of business and management 
professionals annually, often without search warrants. However, the ED 
ultimately convicted very few persons. According to official figures, 
in 1999, the latest year for which figures are available, there were 
387 searches or raids by the ED, resulting in 107 prosecutions and 29 
convictions.
    The Telegraph Act authorizes the surveillance of communications, 
including monitoring telephone conversations and intercepting personal 
mail, in case of public emergency or ``in the interest of the public 
safety or tranquillity.'' Every state government has used these powers, 
as has the central government.
    The Information Technology Act includes provisions that grant the 
police powers to search premises and arrest individuals without a 
warrant. Under the Act, the maximum sentences for failing to provide 
information to the Government on request and transmitting 
``lascivious'' material were 1 year and 5 years respectively. The Act 
also requires Internet cafes to monitor Internet use and inform the 
authorities (see Section 2.a.). At year's end, one person had been 
arrested under the Act, but he was released after some confusion about 
the nature of the alleged offense. NGOs criticized the Act, stating 
that its provisions were Draconian.
    The Government did not restrict citizens' personal appearance; 
however, in Kashmir and Manipur dress codes were announced. The Kanglei 
Yawon Kanna Lup in Manipur announced a dress code for the state's women 
that bans the wearing of saris, salwar kameez, and trousers. The group 
threatened to punish with death women who violated the code, and it 
urged women to wear the traditional Phanek and Chador on all occasions 
but allowed girls to wear salwars as school uniforms. In Kashmir the 
militant group Lashkar-e-Jabbar ordered Muslim women to dress in 
burqas, Hindu women to wear bindis, and Sikh women to wear identifying 
saffron headscarves (see Sections 2.c. and 5).

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal Conflicts.--Government forces committed numerous serious 
violations of humanitarian law in the disputed State of Jammu and 
Kashmir. Between 350,000 and 450,000 army and paramilitary forces were 
deployed in Jammu and Kashmir, although the Government did not release 
official figures. The Muslim majority population in the Kashmir Valley 
suffered from the repressive tactics of the security forces. Under the 
Jammu and Kashmir Disturbed Areas Act, and the Armed Forces (Jammu and 
Kashmir) Special Powers Act, security force personnel had extraordinary 
powers, including authority to shoot suspected lawbreakers and those 
persons disturbing the peace, and to destroy structures suspected of 
harboring militants or arms.
    The Union Home Ministry was unable to estimate how many civilians 
were killed in crossfire by security forces in Jammu and Kashmir during 
the year. The security forces continued to abduct and kill suspected 
terrorists, but they did not accept accountability for these abuses. 
Many commanders' inclination not to participate in such practices led 
to a reduced number of cases, and as a result government-supported 
countermilitants often committed these abuses.
    According to credible reports, in addition to harassment during 
searches and arbitrary arrests (see Section 1.d.), security forces 
abducted and sometimes used civilians as human shields in night 
patrolling and searching for landmines; the abuses occurred mostly in 
the Kupwara and Doda districts. Because of Doda's inaccessibility, the 
abuses there allegedly were underreported.
    The continued incursion of Pakistani-backed armed insurgents into 
territory on the Indian side of the line of control (LOC) in the State 
of Jammu and Kashmir resulted in an increased counterinsurgency 
campaign, accompanied by repressive offensive measures. Mortar and 
small arms fire across the LOC killed an unknown number of civilians 
during the year. For example, on May 30, 14 persons, including 3 army 
soldiers and 11 civilians, were killed in overnight artillery shelling 
and mortar fire. According to a government official, security forces 
killed 1,471 militants during the year. On January 19, three militants 
and a soldier were killed in gunfights in Jammu and Kashmir.
    Kashmiri militant groups also committed serious abuses, including 
numerous execution-style mass killings of Hindu (Pandit), Sikh, and 
Buddhist villagers in Jammu and Kashmir (see Sections 1.a. and 5). 
Militant groups also killed police officers and members of the security 
forces. In February militants killed eight Hindus, including six 
children in the Rajouri district. On May 21, militants shot and killed 
prominent Hurriyat leader Abdul Ghani Lone during a memorial rally in 
Srinagar. Between August and October, 44 political workers were killed 
in Udhanipus, Pulwamma, Srinigar, Kupwara, and Baramulla by militants 
during the fall election campaign.
    In addition to political killings, kidnapings, and rapes of 
politicians and civilians (see Sections 1.a., 1.b., and 1.c.), 
insurgents engaged in extortion and carried out acts of random terror 
that killed hundreds of Kashmiris. Many of the militants were Afghani, 
Pakistani, and other nationals. The militants used time-delayed 
explosives, landmines, hand grenades, and snipers. There was a 
significant upsurge in militant violence against security forces and a 
tendency to use heavy weapons such as hand grenades and rockets. 
Militants killed and injured numerous security personnel and destroyed 
a great deal of security force property; many civilians also were 
killed. For example, in January militants killed a Muslim family of 11, 
including 8 children, in the State of Jammu and Kashmir. In December a 
Delhi court found three Kashmiris guilty under the anti-terrorism law 
of helping militants plan and carry out the 2001 Parliament attack and 
sentenced them to death (see Section 1.d.).
    Extremist and terrorist activities in the northeast also claimed 
many lives. In addition to ambushes, terrorists increasingly resorted 
to destroying bridges and laying time bombs on roads, on railway 
tracks, and in trains. For example, in May the Kuki Revolutionary Army 
killed 11 Assam Rifles personnel at Lepan area in Manipur. In June the 
insurgent group United Liberation Front of Asom killed one person in an 
attack on a police battalion in Bongaigaon in Assam. In April 2001, 
week-long fighting between 2 Naga insurgent groups left more than 45 
persons dead; 4,500 persons were forced to flee 15 villages in Mon 
district.
    During the year, police arrested numerous persons suspected of 
involvement in previous terrorist attacks and brought charges against 
some suspects. Charges also were brought against persons accused of 
involvement with human suicide bomb attacks to advance Sikh separatism, 
as well as against dozens of captured separatist insurgents in Jammu 
and Kashmir for bombings, killings, and acts of sabotage.
    Landmines were a problem in Jammu and Kashmir and to some extent in 
Punjab. Landmines, booby traps, and unexploded ordnance posed a problem 
to resettlement of displaced persons and rebuilding. For example, in 
January 11 persons were killed in a landmine blast in Gumla district. 
In June two persons were killed and five injured in a landmine blast in 
Palamu district, Jharkhand. Militants previously restricted landmine 
use to army convoys traveling outside of major cities, but during the 
year they used command-detonated landmines in Srinagar city.

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 
limitations. A vigorous and growing press reflected a wide variety of 
political, social, and economic beliefs. Newspapers and magazines 
regularly published investigative reports and allegations of government 
wrongdoing, and the press generally promoted human rights and 
criticized perceived government lapses.
    Under the Official Secrets Act, the Government may restrict 
publication of sensitive stories or suppress criticism of its politics. 
For example, on June 9, Syed Iftikhar Gilani, the New Delhi bureau 
chief of the Kashmir Times, was imprisoned for allegedly possessing 
classified documents in violation of this act. Gilani alleged that the 
only evidence the Government presented to substantiate this charge was 
a 1995 public document that referred to human rights abuses committed 
by Indian security forces in Kashmir. At year's end, Gilani remained in 
detention.
    In December Parliament passed a Right to Information law; at year's 
end, this bill was pending the President's approval. This act allows 
citizens to request and receive documents from the Government that are 
considered to be in the public domain.
    In the print media, all publications were privately owned. In the 
electronic media, 80 percent of the channels were privately owned, and 
20 percent were operated by Doordarshan, a semi-autonomous body 
controlled by the Government. Both wire services were semi-autonomous.
    The Newspapers Incitements to Offenses Act remained in effect in 
Jammu and Kashmir. Under the Act, a district magistrate may prohibit 
the press from publishing material likely to incite murder or any act 
of violence. As punishment the Act stipulates that the authorities may 
seize newspaper premises and printing presses. Despite these 
restrictions, newspapers in Srinagar, the capital of Jammu and Kashmir, 
reported in detail on alleged human rights abuses by the Government and 
regularly published press releases of Islamic separatist Kashmiri 
groups. The authorities generally allowed foreign journalists to travel 
freely in Jammu and Kashmir, where they regularly spoke with separatist 
leaders and filed reports on government abuses.
    In Assam the state government attempted to impede criticism by 
filing a number of criminal defamation charges against journalists.
    The Press Council is a statutory body of journalists, publishers, 
academics, and politicians, with a chairman appointed by the 
Government. Designed to be a self-regulating mechanism for the press, 
it investigates complaints of irresponsible journalism and sets a code 
of conduct for publishers. This code includes a commitment not to 
publish articles or details that might incite caste or communal 
violence. The Council publicly criticized newspapers or journalists it 
believed had broken the code of conduct, but its findings, while noted 
by the press community, carried no legal weight.
    At the state level, regional political parties have the ability to 
influence regional media. The Indian Express, an independent newspaper, 
was unable to get advertising from the state government after its 
reporting on the Gujarat violence. In addition, a number of journalists 
who worked for English newspapers and the electronic media, who had 
criticized the Modi government and its political supporters, reportedly 
were subjected to ``strong-arm'' tactics by VHP and Bajrang Dal 
activists. These alleged ``strong-arm'' tactics included anonymous 
threatening phone calls and a ``whispering campaign.''
    Authorities occasionally beat, detained, and harassed journalists, 
particularly in Jammu and Kashmir, which resulted in significant self-
censorship. For example, on April 7, the police used excessive force 
against more than 20 reporters and photographers in Ahmedabad at the 
Gandhi Ashram. The journalists were covering two peace demonstrations 
that were disrupted by members of the youth section of the BJP. On 
April 8, an official communique stated that a commission of inquiry was 
being set up and would be chaired by a retired judge of the High Court 
and the Commission was to issue a report 3 weeks after the incident; 
however, at year's end, no report had been filed or made public. In May 
members of the BSF assaulted 17 journalists. In August, an editor and 
three employees of the weekly Chattan were beaten in their offices by 
members of the security forces. In June Alex Perry, the bureau chief 
for a magazine, was detained and questioned for several hours 
concerning alleged irregularities with his passport. His detention 
followed the publication of a June 19 article critical of the Prime 
Minister. On November 19, Farooq Javed Khan, photographer for the 
Hindustan Times and Kashmir Images was beaten by police officers as he 
walked home from his office in Srinigar. At year's end, the police had 
not investigated these incidents.
    In September government employees beat several journalists in 
Assam, three of whom required hospitalization. At year's end, a 
departmental inquiry was conducted and the Government suspended several 
state employees.
    In some instances, allegations of violence against journalists were 
made against state governments. No action reportedly was taken against 
the town magistrate who used excessive force against journalist Parag 
Saikia in July 2000.
    In Calcutta the Communist Party of India (Marxist) (CPI (M)) often 
threatened journalists; however, as the power of the party diminished, 
journalists criticized the Government more frequently.
    Nonviolent pressure on journalists comes from official sources as 
well: Kumar Badal, journalist of the vernacular daily newspaper 
Naharolgi Thoudang was arrested in 2000 on charges of indulging in 
antinational activities. He was released after a court ruled that the 
allegation was baseless. Some newspapers received more than $1.29 
million (RS 60 million) annually in advertising revenue from the state 
government. The threat of losing this revenue contributed to self-
censorship by smaller media outlets, which heavily relied on government 
advertising.
    There were no developments in the investigation of the attack by 
BSF in 2001 that left 11 persons dead, 8 of them civilians, and 3 
journalists hospitalized. There were no developments in the 2001 case 
of Aajir Asam.
    During the year, the Government of Tamil Nadu and the Press Council 
of India completed an investigation into the 2001 case of police 
charging 12 members of the press and injuring them during a DMK rally; 
however, the commission's report was not released to the public. On 
February 5, Suresh, a Sun Television reporter was granted bail. He was 
arrested on in June 2001.
    The Government maintains a list of banned books that may not be 
imported or sold in the country; some--such as Salman Rushdie's 
``Satanic Verses''--because they contain material government censors 
have deemed inflammatory.
    Intimidation by militant groups caused significant self-censorship 
by journalists. The local press continued to face pressure from 
militant groups attempting to influence coverage. For example, 
militants fired rockets at the All India Radio Station and the 
Doordashan complex in Srinigar in November. No one was injured in these 
incidents.
    On April 14, unknown assailants killed Paritosh Pandey, a crime 
reporter of the Jansatta Express in Lucknow. Many observers believed 
that Pandey's death was in response to his reporting of criminal gangs. 
On April 15, dozens of journalists staged a demonstration to complain 
that police were slow to respond to news of Pandey's murder. During 
this demonstration, a security official hit a reporter with a rifle 
butt and caused serious injuries (see Section 2.b.). The police had not 
arrested anyone in connection with the killing by year's end.
    On May 29, unknown assailants shot Zafar Iqbal, a reporter for the 
Kashmir Images in Srinagar. Local journalists believed Igbal may have 
been targeted because the publication is known for supporting the 
Government. The police had not arrested anyone in connection with the 
killing by year's end.
    During the year, as in 2001, 2000, and 1999, Kashmiri militant 
groups threatened journalists and editors and even imposed temporary 
bans on some publications that were critical of their activities.
    The trial continued in the 2000 killing of V. Selvaraj, a 
journalist with the biweekly Nakkeeran.
    Television no longer was a government monopoly, but this was due 
more to technological changes than to government policy. Private 
satellite television was distributed widely by cable or satellite dish 
in throughout the country. These channels provided substantial 
competition for DDTV, the national broadcaster, in both presentation 
and credibility. DDTV frequently was accused of manipulating the news 
for the benefit of the Government; however, cable operators were not 
free from criticism. In some parts of the country, to varying degrees, 
satellite channel owners used their medium to promote the platforms of 
the political parties that they supported.
    In March police sealed the offices of a local news television 
channel, and four media persons were arrested in Vadodara. The police 
claimed that the television channels were ``fueling divisive feelings 
among the populace, and causing communal disharmony under the 
provisions of the Penal Code.'' The four media persons were released on 
bail, and the police reopened the offices later that evening. The owner 
of the television channel said that the authorities seized his offices 
in retaliation for his expose of police inaction during the riots in 
Gujarat.
    Government measures to control objectionable content on satellite 
channel--specifically, tobacco and alcohol advertisements--still were 
in effect, which held cable distributors liable under civil law. The 
(often foreign) satellite broadcasters, rather than the domestic cable 
operators, fall within the scope of the regulation.
    AM radio broadcasting remained a government monopoly. Private FM 
radio station ownership was legalized during 2000, but licenses only 
authorized entertainment and educational content. Licenses did not 
permit independent news broadcasting.
    A government censorship board reviewed films before licensing them 
for distribution. The board censored material it deemed offensive to 
public morals or communal sentiment. This led to self-censorship among 
producers, who often avoided subjects perceived as critical of the 
Government. Producers of video newsmagazines that appeared on national 
television were required to submit their programs to DDTV, which 
occasionally censored stories that portrayed the Government in an 
unfavorable light.
    The Government limited access to the Internet. The Informational 
Technology Act provides for censoring information on the Internet on 
public morality grounds, and it considers ``unauthorized access to 
electronic information'' a crime. According to Reporters Without 
Borders, this law allows police officers to search the homes or offices 
of Internet users, at any time and without a warrant. On July 4, Kumar 
Badal, a reporter with the on line newspaper Tehelka.com, was arrested 
and charged with asking poachers to kill wild animals in a national 
park. In June the CBI searched the head office of Tehelka.com and the 
home of a Tehelka.com employee hours before the site's editor in chief 
was to give testimony about a corruption scandal that led to the 
resignations of Defense Minister and the president of the Hindu 
nationalist party. Anyone running an ``anti-Indian'' site risked up to 
5 years in prison.
    The Government did not restrict academic freedom, and students and 
faculty espoused a wide range of views. In addition to approximately 16 
national universities and 259 state universities, states were empowered 
to accredit locally run private institutions.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of peaceful assembly, and the Government 
generally respected this right in practice. The authorities sometimes 
required permits and notification prior to holding parades or 
demonstrations, but local governments ordinarily respected the right to 
protest peacefully, except in Jammu and Kashmir, where separatist 
parties routinely were denied permits for public gatherings. During 
periods of civil tension, the authorities may ban public assemblies or 
impose a curfew under the Criminal Procedure Code.
    Parts of Srinagar and other parts of Jammu and Kashmir occasionally 
came under curfew, but more often were affected by strikes called by 
separatists. From November until year's end, the country's independent 
election authorities banned all religious processions in Gujarat. The 
ruling came in response to a demonstration planned by the hardline 
Hindu group, VHP. The commission said that the VHP march should not be 
allowed to go ahead because there was a likelihood that ``provocative 
and intemperate'' speeches being made during the procession. In 
response, the Gujarat VHP attempted to organize a procession from 
Ahmedabad to Godhra in contravention of the Election Commission 
guidelines. The Gujarat police prevented the procession and arrested 
the leaders; however, later that day they were released.
    In January police fired upon a demonstration in Bihar, and 2 
students were killed and 10 were injured. The students were protesting 
a hike in university fees; however, the Government alleged that police 
fired only after stones were hurled at them. For example, in May 
members of the BSF fired on demonstrators in Safakadal to protest the 
BSF beating of a Muslim clergyman who used a loudspeaker in a mosque. 
The shooting killed one person and injured numerous others. In June one 
laborer was killed, and five were injured when police opened fire on 
protesters at a tea plantation in West Bengal. Police claimed that the 
laborers attacked representatives from a property company who tried to 
take back the land. On August 29, several persons, including the CPI 
state council members were injured when police charged CPI activists 
who were demonstrating against the Government's increase in power 
rates. On September 20, several persons were injured when police fired 
on a group of persons distributing pamphlets outside Srinagar's largest 
mosque.
    There were no reports of any action taken against the responsible 
members of the police who fired into a crowd of villagers in 2001. The 
army apologized for the incident and promised an official inquiry; 
however, no security force members have been charged in the incident. 
No action reportedly was taken against members of the police who used 
excessive force to disperse demonstrations on the following dates of 
2001: August 6; June 18; August 12; and the November riot in Guwahati, 
Assam. Reportedly no action was taken against the members of the SOG 
who used excessive force to disperse demonstrations in the April 2000 
killing of eight persons in Jammu and Kashmir.
    The Constitution provides for the right to form associations, and 
the Government generally respected this right in practice.
    A requirement exists that NGOs secure the prior approval of the 
Ministry of Home Affairs before organizing international conferences. 
Human rights groups contended that the requirement provides the 
Government with substantial political control over the work of NGOs and 
their freedom of assembly and association. Some NGOs alleged that some 
of their members were denied visas to enter the country.

    c. Freedom of Religion.--The Constitution provides for secular 
government and the protection of religious freedom, and the central 
government generally respected these provisions in practice; however, 
it sometimes did not act effectively to counter societal attacks 
against religious minorities and attempts by state and local 
governments to limit religious freedom. This failure resulted in part 
from the legal constraints inherent in the country's federal structure 
and in part from the law enforcement and justice systems, which at 
times were ineffective. The ineffective investigation and prosecution 
of attacks on religious minorities was interpreted by some extremist 
elements as a signal that such violence likely would go unpunished. 
Tension between Muslims and Hindus, and to an increasing extent between 
Hindus and Christians, continued to pose a challenge to the secular 
foundation of the State.
    Although the law provides for religious freedom, enforcement of the 
law was poor, particularly at the state and local levels, where the 
failure to deal adequately with intragroup and intergroup conflict and 
with local disturbances abridged the right to religious freedom. There 
was significant Hindu-Muslim violence during the year. In many cases, 
the Government response was inadequate, consisting largely of 
statements criticizing the violence against Muslims, with few efforts 
to hold accountable those persons responsible or to prevent such 
incidents from occurring (see Section 5). For example, in September 
Gujarat Chief Minister Narendra Modi allegedly made disrespectful 
remarks about Muslims in an election rally speech. In the speech, Modi 
allegedly blamed Muslims living in refugee camps for the state's 
population boom, although he denied insulting Muslims. Throughout the 
year, the Government generally described the violence and attacks as a 
series of isolated local events.
    The leading party in the Government coalition is the BJP, a Hindu 
nationalist political party with links to Hindu extremist groups that 
were implicated in violent acts against Christians and Muslims. The BJP 
also leads state governments in Gujarat, Himachal Pradesh, and Goa. 
Many BJP leaders and party workers were members of the Rashtriya 
Swayamsewak Sangh (RSS) and share some of its ideology. The RSS 
espouses a return to Hindu values and cultural norms. However, the BJP 
is an independent political party, and the degree of RSS influence over 
its policy making was not clear. Members of the BJP, the RSS, and other 
affiliated organizations were implicated in incidents of violence and 
discrimination against Christians and Muslims. The BJP and RSS 
officially express respect and tolerance for other religions; however, 
the RSS in particular opposes conversions from Hinduism and believes 
that all citizens should adhere to Hindu cultural values. The BJP 
officially agrees that the caste system should be eliminated, but many 
of its members are ambivalent about this. The BJP's traditional 
cultural agenda includes calls for construction of a new Hindu temple 
to replace an ancient Hindu temple that was believed to have stood on 
the site of a mosque in Ayodhya that a Hindu mob destroyed in 1992; for 
the repeal of Article 370 of the Constitution, which grants special 
rights to the state of Jammu and Kashmir, the country's only Muslim 
majority state; and for the enactment of a uniform civil code that 
would apply to members of all religions.
    No registration is required for religions. Legally mandated 
benefits are assigned to certain groups, including some groups defined 
by their religion. For example, some states reserve jobs and 
educational enrollment slots for Muslims, who do not benefit from 
reservations designed to help lower-caste Hindus.
    In May 2001, the Government banned Deendar Anjuman, a Muslim group 
whose members were arrested in connection with a series of church 
bombings in Karnataka in 2000. The Government banned the group for 
``fomenting communal tension'' and actions ``prejudicial to India's 
security.'' During the year, the Government arrested, and tried 20 
members of Deendar Anjuman implicated in the Karnataka church bombing.
    The Religious Institutions (Prevention of Misuse) Act makes it a 
criminal offense to use any religious site for political purposes or to 
use temples for harboring persons accused or convicted of crimes. While 
specifically designed to deal with Sikh places of worship in Punjab, 
the law applies to all religious sites. The Religious Buildings and 
Places Act requires a state government-endorsed permit before 
construction of any religious building may commence in the state. The 
Act's supporters claimed that its aim was to curb the use of Muslim 
institutions by Islamic fundamentalist terrorist groups, but the 
measure became a controversial political issue among religious groups 
in the northern part of the country. In West Bengal, legislation in 
force requires any person desiring to construct a place of worship to 
obtain permission from the district magistrate.
    On March 13, the Supreme Court ruled that Hindu activists could not 
perform a March 15 religious ceremony on the land surrounding the site 
of the demolished mosque in Ayodhya. Thousands of police and 
paramilitary troops were deployed in and around Ayodhya, and most Hindu 
militants were stopped from entering the town.
    On October 31, the controversial Prohibition of Forcible Conversion 
of Religion Bill that bans ``forced'' religious conversions, passed in 
the State of Tamil Nadu. Human rights advocates believed that the law 
made it more difficult for poor persons, mistreated minorities, and 
others ostracized under the caste system, to convert from Hinduism to 
another religion.
    There is no national law that bars proselytizing by Christian 
citizens. Foreign missionaries generally may renew their visas, but the 
Government refused to admit new resident foreign missionaries. New 
arrivals entered as tourists on short-term visas. During the year, 
state officials continued to refuse to issue permits for foreign 
Christian missionaries, as well as other persons, to enter some 
northeastern states, on the grounds of political instability in the 
region. Missionaries and religious organizations must comply with the 
Foreign Contribution (Regulation) Act (FCRA), which restricts funding 
from abroad and, therefore, the ability of certain groups to finance 
their activities. The Government was empowered to ban a religious 
organization if it has violated the FCRA, has provoked intercommunity 
friction, or has been involved in terrorism or sedition.
    The legal system accommodated minority religions' personal status 
laws; there were different personal laws for different religious 
communities. Religion-specific laws pertain in matters of marriage, 
divorce, adoption, and inheritance. For example, Muslim personal status 
law governed many noncriminal matters involving Muslims, including 
family law, inheritance, and divorce. The personal status laws of the 
religious communities sometimes discriminated against women (see 
Section 5).
    Tensions between Muslims and Hindus, and between Hindus and 
Christians, continued during the year. Attacks on religious minorities 
occurred in several states, which brought into question the 
Government's ability to prevent sectarian and religious violence. The 
worst religious violence during the year was directed against Muslims 
by Hindus in Gujarat. It was alleged widely that the police and state 
government in Gujarat did little to stop the violence promptly and at 
times even encouraged or assisted the Hindu fundamentalists in 
perpetrating violent acts (see Section 5).
    In February after an attack by Muslims on a train in Godhra that 
resulted in the deaths of 58 Hindus, an estimated 2,000 Muslims were 
killed in rioting in Gujarat. Beginning on February 28, Hindus attacked 
and looted Muslim homes, business, and places of worship. The rioting 
continued from March to mid-May. NGOs reported that police were 
implicated directly in many of the attacks against Muslims in Gujarat, 
and in some cases, NGOs contended, police officials encouraged the mob. 
The Gujarat state government and the police were criticized for failing 
to stop the violence and in some cases for participating in or 
encouraging it. Muslim women and girls were raped, and an estimated 850 
to 2,000 Muslims were killed. Human rights activists reported that the 
Gujarat police received specific instructions not to take action to 
prevent a possible violent reaction to the February 27 attack by 
Muslims on a train in Godhra carrying Hindus. These observers asserted 
that Gujarat Chief Minister Narendra Modi personally told Ahmedabad 
police officials on February 27 to allow Hindus 2 days to react 
``peacefully'' to the Godhra incident. The police reportedly told 
Muslim victims, ``we don't have orders to help you.'' It was reported 
that assailants frequently chanted ``the police are with us,'' 
according to eyewitness accounts. HRW reported that much of the 
violence was planned well in advance of the Godhra attack and was 
carried out with state approval and orchestration.
    According to Human Rights Watch (HRW), the worst violence occurred 
in the city of Ahmedabad. HRW reported that, ``Between February 28 and 
March 2 the attackers descended with militia-like precision on 
Ahmedabad by the thousands, arriving in trucks, clad in saffron 
scarves, and khaki shorts, the signature uniform of Hindu nationalist 
groups. Chanting slogans of incitement to kill, they came armed with 
swords, trishuls, sophisticated explosives and gas cylinders. They were 
guided by computer printouts listing the addresses of Muslim families 
and their properties--and embarked on a murderous rampage confident 
that the police was with them. In many cases, the police led the 
charge, using gunfire to kill Muslims who got in the mob's way.'' In 
addition, there were reports that ``most bodies that had arrived--were 
burned and butchered beyond recognition. Many were missing body parts--
arms, legs, and even heads. The elderly and the handicapped were not 
spared. In some cases, pregnant women had their bellies cut open and 
their fetuses pulled out and hacked or burned before the women were 
killed.''
    On March 24, a report that the Government of Gujarat transferred 
police officials who allegedly had taken action against Hindu rioters 
drew further media and NHRC criticism of perceived government 
partisanship. In its final report on Gujarat, released on June 1, the 
NHRC held the Gujarat government responsible for the riots and accused 
it of ``a complicity that was tacit if not explicit.'' The report 
concluded that ``there is no doubt, in the opinion of this Commission, 
that there was a comprehensive failure on the part of the state 
government to control the persistent violation of rights of life, 
liberty, equality, and dignity of the people of the state.'' The report 
recommended a CBI inquiry into the communal riots, which the state 
government subsequently refused to allow.
    The destruction caused the forcible displacement of more than 
100,000 Muslims into makeshift camps throughout Gujarat. The Government 
disbanded the camps by mid-June.
    Some Christian groups also claimed that BJP officials at state and 
local levels became increasingly uncooperative. The Government also has 
been criticized for not attempting to restrain the country's radical 
Hindu groups.
    Christian leaders noted a slight decrease in the incidents of 
violence against their community and also a change in the type of 
incidents; however, attacks against Christians continued. On February 
17, a church in Karnataka was attacked during morning mass. According 
to HRW, 70 men, draped in the Hindu nationalist signature saffron 
flags, descended on the church and hurled bricks and stones at the 
congregation.
    On April 29, a church in Orissa was attacked and set on fire with 
20 worshippers inside. No injuries were reported. A spokesman for the 
Catholic Bishops' Conference of India said that fewer physical attacks 
occurred against Christians; however, Hindu nationalists began an 
ideological campaign to limit access to Christian institutions and 
discourage or, in some cases, prohibit conversions to Christianity. For 
example, on July 18, Sister Brishi Ekka was sentenced to 6 months in 
jail by a court in Chhattisgarh for not reporting the 1996 conversion 
of 95 families to Christianity. This was the first conviction under the 
state's anti-conversion law, which has been in force since the 1970s. 
Sister Ekka appealed the decision in the Chhattisgarh High Court and 
later was released on bail. The Government found that 80 percent of 
attacks on minorities were motivated by local incidents, economic 
arguments, or intradenominational feuds. In August a new cable 
television station, promoting Catholic values, was launched in Kerala; 
however, several cable television station operators in Kerala and the 
neighboring states reportedly refused to make the stations' programing 
available to viewers. In November 2001, newspapers reported that Muslim 
terrorist groups, including Al-Qaida, targeted the Missionaries of 
Charity in Calcutta. Press reports stated that extremist groups 
targeted the nuns because they received economic aid from the United 
States to convert Muslims to Christianity. The fear of conversion of 
Hindus and Muslims by Christians was highlighted in an August 15 
statement by Prime Minister Vajpayee. He stated ``There is a conversion 
motive behind the welfare activities being carried out by some 
Christian missionaries in the country's backward areas, and it is not 
proper, although conversion is permissible under the law.''
    In May 2001, a Christian priest, Father Jaideep, was attacked in 
Jatni town, Orissa. Local citizens, who were enraged by the priest's 
distribution of pamphlets to propagate Christianity in a Hindu-
dominated area, allegedly participated in the attack.
    Citizens often referred to schools, hospitals, and other 
institutions as ``missionary'' even when they were owned and run 
entirely by indigenous Christian citizens. By using the adjective 
``missionary,'' the RSS tapped into a longstanding fear of foreign 
religious domination.
    By year's end, the trial continued in Orissa of Dara Singh, a 
member of the Hindu extremist Bajrang Dal, who was arrested in 2000 for 
the Staines' murders.
    In Christian majority areas, Christians sometimes were the 
oppressors. In Tripura there were several cases of harassment of non-
Christians by Christian members of the National Liberation Front of 
Tripura (NLFT), a militant tribal group with an evangelical bent. For 
example, NLFT tribal insurgents have prohibited Hindu and Muslim 
festivals in areas that they control, cautioned women not to wear 
traditional Hindu tribal attire, and prohibited indigenous forms of 
worship. In Assam, the issue of Bangladeshi migrants (who generally 
were Muslim) has become very sensitive among the Assamese 
(predominantly Hindu) population, which considers itself increasingly 
to be outnumbered.
    Hindus have been victims of violence. For example, on September 24, 
an attack on the Swaminarayan Hindu Temple in Gujarat left 40 persons 
dead before security forces stormed the temple. The Government 
responded swiftly by deploying approximately 3,000 army personnel to 
dispel a strike and protest march called by the VHP to protest the 
attack. Critics of the Government noted that had the Government acted 
quickly following the Gujarat violence, many deaths could have been 
prevented.
    Throughout the year, pan-Islamic militants continued to try to 
drive all non-Muslims out of Kashmir. In August militants unlawfully 
entered a house in Jammu and killed four members of a Hindu family. 
There was no reported progress regarding any investigation of the 2001 
killing of six Sikhs in Srinagar. These mass killings in Kashmir, 
targeted against the Sikh community, increased fears that the remainder 
of Kashmir's minorities may try or be forced to leave. There was an 
exodus of many from the Sikh community, particularly the young, during 
2001.
    There was no reported progress regarding any investigation of the 
March 2000 killings of 35 Sikh men in the village of Chatti Singhpora, 
near Anantnag in south Kashmir.
    The degree to which the BJP's nationalist Hindu agenda was felt 
throughout the country with respect to religious minorities varied 
depending on the region. In some states, governments made efforts to 
reaffirm their commitment to secularism. In others, mainly in the 
south, religious groups alleged that since the BJP's rise to power in 
the national government, some government bureaucrats began to enforce 
laws selectively to the detriment of religious minorities. For example, 
this revivalist campaign included the ``Hinduization'' of education, 
including the revision of history books to include hate propaganda 
against Islamic and Christian communities. The situation in the east 
varied. For example, the Orissa Freedom of Religion Act contains a 
provision requiring a monthly government report on the number of 
conversions and requiring a police inquiry into conversions, but this 
provision was not enforced.
    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 grants citizens the 
freedom of movement, and the Government generally respected this in 
practice; citizens enjoyed freedom of movement within the country 
except in certain border areas where, for security reasons, special 
permits were required.
    Vehicle checkpoints, at which BSF routinely searched and questioned 
occupants, were a common feature throughout most of Jammu and Kashmir. 
It also was common for police to block entry and exit points in 
preparation for gathering young males for police lineups. These 
searches tended to focus on troubled areas, as opposed to the mass 
searches that were common in the past. According to a credible source, 
such search operations seldom yielded any results. There were frequent 
curfews in areas of conflict, including in New Delhi in recent years.
    Under the Passports Act, the Government may deny a passport to any 
applicant who ``may or is likely to engage outside India in activities 
prejudicial to the sovereignty and integrity of India.'' The Government 
used this provision to prohibit the foreign travel of some government 
critics, especially those advocating Sikh independence and members of 
the violent separatist movement in Jammu and Kashmir. For example, in 
November the Government denied Yasin Malik, a Kashmiri separatist, a 
passport to travel outside the county.
    During the year, there were reports that Bodo-Santhal ethnic 
clashes continued. In April NDFB militants killed five Adivasis in 
Hatiphuli Relief Camp in Kokrajhar. In July suspected NDFB militants 
killed nine Adivasis in a village relief camp in the same district. In 
December four Santhal woodcutters were killed by Bodo militants. More 
than 87,000 persons lived under poor conditions in relief camps in 
Assam's Kokrajhar, Gosaigaon, and adjoining districts as a result of 
the ongoing violence between Bodos and Santhals.
    The incursions of Pakistani-backed armed forces into territory on 
the Indian side of the LOC in Jammu and Kashmir and the Indian military 
campaign to repel the intrusion continued during the year and allegedly 
forced many residents of Jammu and Kashmir from their homes, a number 
of whom took refuge on the Pakistani side of the LOC. Many homes were 
destroyed. In 2000 Jammu and Kashmir home minister Mustaq Ahmad Lone 
told the state assembly that 43,510 persons remained displaced since 
1999 (see Sections 1.a., 1.c., and 1.g.).
    Since 1990 more than 235,000 Bangladeshis have been deported, many 
from Maharashtra and West Bengal. The occasional deportation of 
Bangladeshis judged to have entered the country illegally continued 
during the year, but there was no repetition of the systematic roundup 
of Bangladeshis for mass deportation that had been conducted by the 
Maharashtra government in the past. The Government estimated that there 
were 10 million Bangladeshis living illegally in the country. By year's 
end, the Illegal Migrants Determination by Tribunal law (IMDT), which 
largely was aimed at illegal Bangladeshi immigrants, had not been 
implemented. The central government acknowledged that the law was aimed 
at Bangladeshis, but claimed that it was unable to repeal the act due 
to a lack of consensus in Parliament.
    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 Government has not 
formulated a policy regarding refugees, asylees, or first asylum. The 
office of the U.N. High Commissioner for Refugees (UNHCR) had no formal 
status, but the Government permitted the UNHCR to assist certain groups 
of refugees (notably Afghans, Iranians, Somalis, Burmese, and 
Sudanese). The U.N. High Commissioner for Refugees visited the country 
in May.
    The Government provided first asylum to some refugees, most notably 
in recent years to Tibetan and Sri Lankan Tamil refugees. However, this 
policy was applied inconsistently. For example, the insistence of some 
border authorities on the presentation of passport and visas by those 
claiming refugee status occasionally resulted in individuals or groups 
being refused admittance. This occurred in recent years in cases 
involving Chin and Rakhine refugees from Burma and Afghans who entered 
the country through Pakistan. The UNHCR reported that the country 
continued to host a large urban refugee population, roughly 90 percent 
of whom were from Afghanistan. Refugees were not required to make 
claims in other countries. In April the UNHCR announced that it would 
help Burmese refugees be self-sufficient and end their monthly 
subsistence allowances. However, the UNHCR continued to assist 
extremely needy refugees including women and children.
    The Government recognized certain groups, including Chakmas from 
Bangladesh, Tamils from Sri Lanka, and Tibetans as refugees and 
provided them with assistance in refugee camps or in resettlement 
areas. According to UNHCR and government statistics, there were 
approximately 110,000 Tibetans, approximately 64,990 Sri Lankan Tamils 
in 131 camps, and perhaps as many as 80,000 Sri Lankan Tamils outside 
of the camps living in the country at year's end. According to the 
Tamil Nadu government, there were 60,000 refugees residing in 108 
refugee camps and as many as 80,000 residing outside the camps. The 
refugees in the camps were permitted to work, and the state and central 
governments paid to educate refugee children and provided limited 
welfare benefits. Some 80,000 Chakma permanent residents remained in 
Arunachal Pradesh and Mizoram; the Supreme Court has upheld their right 
to citizenship. However, the Supreme Court's order to extend 
citizenship to this group still was not enforced by year's end. The 
UNHCR reported that 11,642 Afghans, 857 Burmese, and approximately 350 
others were receiving assistance from the UNHCR in the country as of 
August 2001. The Government also assisted an unknown number of persons 
from Tibet and Sri Lanka. Although the Government formally did not 
recognize these persons as refugees, it did not deport them. Instead, 
they received renewable residence permits, or their status was ignored. 
Increasingly during the year, some of these groups--Afghans, Iraqis, 
and Iranians in particular--were not granted renewal of their residence 
permits by the authorities on the grounds that they were not in 
possession of valid national passports. Due to financial and other 
reasons, many refugees were unable or unwilling to obtain or renew 
their national passports and therefore were unable to regularize their 
status in the country.
    The Tamil Nadu government provided educational facilities to Sri 
Lankan Tamil refugee children, and the central government provided some 
assistance and channeled assistance from NGO and church groups. The 
central government generally denied NGOs and the UNHCR direct access to 
the camps. NGOs reported refugee complaints about deteriorated housing, 
poor sanitation, delayed assistance payments, and inadequate medical 
care in the Tamil refugee camps. The Government used some of these 
``special camps'' to hold suspected members of the LTTE terrorist 
organization. Human rights groups alleged that inmates of the special 
camps sometimes were subjected to physical abuse and that their 
confinement to the camps amounted to imprisonment without trial. They 
alleged that several of those acquitted by the Supreme Court in 1999 of 
involvement in the assassination of former Prime Minister Rajiv Gandhi 
remained confined in these special camps. During the year, the Tamil 
Nadu government initiated a review of the inmates of the special camps 
to determine whether any could be released. Some of the inmates were 
allowed to return to Sri Lanka voluntarily; however, approximately 170 
persons remained in the special camps.
    Santhals were non-recognized refugees in Assam, and human rights 
groups estimated that 200,000 lived in relief camps. The Santhals were 
being sheltered in 100 camps in Assam; conditions in such camps were 
extremely poor and the Assam government claimed it did not have the 
resources to improve the conditions of the relief camps.
    Ethnic Chins were among the nonrecognized refugees in the 
northeastern states, particularly Mizoram. Student-led demonstrations 
protested Chins and Chakma's presence in Mizoram. During the year, 
tensions between security forces and Chin National Force (CNF) 
insurgents operating in Burma allegedly resulted in the detention, 
interrogation, and expulsion of some persons associated with the CNF to 
Burma, where they credibly feared persecution. In September 2001, there 
were news reports that thousands of ethnic Chins were asked to leave 
Mizoram. The Mizoram Chief Minister stated that he wanted the border 
with Burma to be ``fenced to check further infiltration of immigrants 
into the state.'' Human rights monitors alleged that approximately 
1,000 Chin refugees were arrested in Mizoram, and some 200 had been 
repatriated forcibly to Burma between July and September 2000. NGOs 
estimated that 10,000 persons were expelled to Burma, where ``the 
deportees were jailed pending hearings to be scheduled before military 
tribunals.'' An estimated 40,000 to 50,000 Chins lived and worked 
illegally in Mizoram.
    Mizoram human rights groups estimated that some 31,000 Reangs, a 
tribal group from Mizoram that were displaced due to a sectarian 
conflict, were being sheltered in 6 camps in North Tripura. Conditions 
in such camps were poor, and the Tripura government asked the central 
government to allot funds for their care. Reang leaders in the camps 
pressed for reserved jobs, education benefits, and a comprehensive 
rehabilitation package for refugees in the relief camps. The Mizoram 
government rejected these demands and maintained that only 16,000 of 
the refugees had a valid claim to reside in the state.

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 country has a democratic, parliamentary system 
of government with representatives elected in multiparty elections. A 
Parliament sits for 5 years unless dissolved earlier for new elections, 
except under constitutionally defined emergency situations. State 
governments were elected at regular intervals except in states under 
President's Rule.
    On the advice of the Prime Minister, the President may proclaim a 
state of emergency in any part of the national territory in the event 
of war, external aggression, or armed rebellion. Similarly, President's 
Rule may be declared in the event of a collapse of a state's 
constitutional machinery. The Supreme Court has upheld the Government's 
authority to suspend fundamental rights during an emergency.
    During the year, State Assembly elections were conducted in Uttar 
Pradesh, Punjab, Uttaranchal, Manipur, Goa, and Gujarat. In Gujarat 
international observers stated that the elections took place in a 
somewhat free and transparent manner; however, there were reports that 
persons had been left off the electoral register.
    The elections in Jammu and Kashmir, held between September 16 and 
October 8, were to elect members to a new state assembly to form a new 
government. International observers stated that the elections were 
conducted in a reasonibly free and transparent manner; however, some 
NGOs alleged that there were some flaws in the election, including that 
all major separatist groups boycotted the elections and there was an 
all-pervading fear of attacks by militants. Some 800 persons were 
killed in election-related violence in state assembly polling in Jammu 
and Kashmir (see Section 1.a.), and there were some allegations of 
voter fraud. Between August 2, when elections were announced, and 
September 24, when the second phase of elections came to an end, over 
500 persons were killed. On October 1, as polls opened, three gunmen 
hurled grenade and rocket attacks at polling stations throughout the 
district of Anantnag. On September 24, militants abducted and beheaded 
National Conference leader Abdul Rahim Sofi in North Kashmir. Despite 
these fears and election-related violence, according to the Election 
Commission more than 44 percent of the citizens voted.
    There were 70 women in the 783 seat legislature. There were 6 women 
in the Cabinet. A large proportion of women participated in voting 
throughout the country (with turnout rates slightly lower than those of 
men), and numerous women were represented in all major parties in the 
national and state legislatures. The passage of the ``Panchayati Raj'' 
constitutional amendments reserved 30 percent of seats in elected 
village councils (Panchayats) for women, which brought more than 1 
million women into political life at the grassroots level.
    The Constitution reserves seats in Parliament and state 
legislatures for ``scheduled tribes'' and ``scheduled castes'' in 
proportion to their population (see Section 5). Indigenous people 
actively participated in national and local politics, but their impact 
depended on their numerical strength. In the northeastern states, 
indigenous people were a large proportion of the population and 
consequently exercised a dominant influence in the political process. 
In contrast, in Maharashtra and Gujarat, tribal people were a small 
minority and were unsuccessful in blocking projects that they opposed.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Independent human rights organizations operated throughout most of 
the country, investigating abuses and publishing their findings; 
however, in some states and in a few circumstances, human rights groups 
faced restrictions. Human rights monitors in Jammu and Kashmir were 
unable to move around the state to document human rights violations due 
to fear of retribution by security forces and countermilitants. Several 
individuals closely involved in the documentation of violations in 
Jammu and Kashmir, including lawyers and journalists, were attacked and 
in some cases killed. International human rights monitors had 
difficulty in obtaining visas to visit the country for investigation 
purposes.
    Unlike in previous years, the Home Minister did not enforce a 
dormant executive order requiring visitors for some conferences from 
certain countries to register beforehand.
    The Government appointed a National Human Rights Commission in 1993 
with powers to investigate and recommend policy changes, punishment, 
and compensation in cases of police abuse. In addition, the NHRC was 
directed to contribute to the establishment, growth, and functioning of 
human rights NGOs. The Government appointed the members and financed 
the operations of the NHRC. The NHRC was seriously understaffed, and it 
is prohibited by statute from directly investigating allegations of 
abuse involving army and paramilitary forces. The Commission acted 
independently of the Government, often voicing strong criticism of 
government institutions and actions. However, the NHRC faced numerous 
institutional and legal weaknesses, which human rights groups said 
hampered its effectiveness.
    From April 2000 to March 2001, the last year for which figures were 
available, the NHRC received 71,685 new complaints of human rights 
violations, an increase of more than 41 percent compared with 2000. 
More than 50 percent of the complaints were from Uttar Pradesh. The 
increased number of complaints was believed to be the result of the 
Commission's increased visibility. Of the 53,711 cases considered 
during 2000, 32,172 were dismissed; 10,718 were transmitted to other 
governmental authorities for disposition; 3,395 were concluded, and 
7,426 remained pending.
    The NHRC also has influenced the legislative process, particularly 
by issuing recommendations on women's issues, persons with 
disabilities, and children's rights. The NHRC encouraged the 
establishment of human rights cells in police headquarters in some 
states; however, this policy was not implemented in any meaningful way. 
In January the NHRC opened a separate Women's Human Rights Cell in its 
New Delhi office. This office was able to notify state governments of 
human rights violations and investigate some complaints, but it cannot 
impose punitive measures or implement corrective action. In addition, 
in October the NHRC created a computerized complaint database on its 
website, where information about each case was available. The NHRC also 
was involved in programs to eliminate child labor (see Section 6.c.).
    HRW reported the June killing of human rights defender Navleen 
Kumar outside of Mumbai. On June 30, four persons were arrested in 
connection with the killing. On July 8, P.B. D'Sa, vice president of 
the Karnataka state branch of the People's Union for Civil Liberties, 
was stabbed and sustained serious injuries. According to HRW, police 
personnel reportedly were involved in the attack. AI reported the 
November 2000 killing of human rights defender T. Purushotham in 
Hyderabad, Andhra Pradesh; however, by year's end, there were no 
investigations into Purushotham's death. There was no definitive 
resolution in the case of abducted and killed Kashmir human rights 
monitor Jalil Andrabi in 1996. Human rights workers alleged that the 
state attempted to subvert the judicial process by withholding evidence 
(see Sections 1.a. and 1.b.).
    Several Christian-affiliated (in many cases, nonevangelical) 
international relief agencies stated that during the year their work in 
delivering services to the poor became considerably more difficult due 
to threats, increased bureaucratic obstacles, and, in some cases, 
physical attacks on their field workers by Hindu extremists (see 
Sections 2.c. and 5). The prison visits program in Jammu and Kashmir by 
the ICRC continued during the year (see Section 1.c.). ICRC 
representatives also continued training police and BSF personnel in 
international humanitarian law. In 2001 the authorities continued to 
deny HRW and AI permission to visit Jammu and Kashmir. In 2001 the 
Government denied HRW any access to the country and only allowed AI 
limited access. The West Bengal government, which was governed by the 
communist party, and its Chief Minister, Buddhadeb Bhattacharya, called 
AI ``anticommunist'' and refused to acknowledge that its report on West 
Bengal was authentic. The Government also continued to deny the U.N. 
Special Rapporteur on Extrajudicial Killings permission to visit the 
country. Unlike in previous years, the Home Ministry did not invite the 
U.N. Special Rapporteurs on Torture and on Extrajudicial Killings or 
the Special Rapporteur on Extrajudicial killings. Police and security 
forces arrested and harassed human rights monitors. The Government 
continued to refuse repeated UNHCR requests for access to the Sri 
Lankan Tamil refugee camps in Tamil Nadu (see Section 2.d.).
    The Human Rights Act requests each state to establish a state human 
rights commission, but not all states have done so. Commissions exist 
in 12 states: Assam, Chhattisgarh, Manipur, Himachal Pradesh, Madhya 
Pradesh, Maharashtra, West Bengal, Tamil Nadu, Punjab, Jammu and 
Kashmir, Kerala, and Rajasthan. Bihar, Goa, and Andhra Pradesh have yet 
to appoint state human rights commissions. Gujarat has not established 
officially a state commission, but in 2000 a commission of inquiry was 
created to report on the custodial death of Colonel Pratap Save, a 
retired military officer. This commission had yet to report its 
conclusions by year's end. Uttar Pradesh, the state with the largest 
number of human rights complaints to the NHRC, stated its intention to 
set up a state human rights commission but had not yet done so. The 
state human rights commission established in Jammu and Kashmir by an 
act of the state legislature had no power to investigate independently 
alleged human rights violations committed by security force members.
    The NHRC and the National Minorities Commission took unilateral 
action not prompted by a specific complaint or legal demand and warned 
the state and central government in Gujarat to take corrective action 
in regard to the February and March violence. Subsequently, the central 
government created a special compensation package for the victims of 
the violence in Gujarat as a direct result of this warning.
    The Madhya Pradesh state human rights commission was active in 
pursuing complaints. From April 2001 to March, the commission received 
13,308 complaints, more than the number from the previous year. The 
commission lamented that at the district level, the Government was 
extremely slow in responding to complaints forwarded to it. Partly as a 
result, 5,191 complaints were pending as of March 31.
    The Maharashtra state human rights commission came into existence 
in March 2001, and it received 1,440 complaints in 2001, of which 740 
were pending at year's end.
    The Chhattisgarh state has not created a human rights commission.
    Tamil Nadu's Human Rights Commission had five members and was 
presided over by a retired High Court Chief Justice. It worked on caste 
clashes and deaths resulting from illicit liquor sales, but its lack of 
authority to investigate effectively barred it from considering major 
incidents. The three-member Kerala Human Rights Commission was 
understaffed and relatively inactive, although it probed prison 
conditions. In addition to these state human rights commissions, 
special courts to hear human rights cases were established in Tamil 
Nadu, Uttar Pradesh, and Andhra Pradesh. However, the courts in Uttar 
Pradesh did not function despite a 1999 court order that they be 
reactivated.
    Punjab's Human Rights Commission (PHRC) had four members and was 
presided over by a Chairperson. The selection for a 5-year term was 
made by the State Governor acting on the advice of a committee chaired 
by the Chief Minister. Several local human rights organizations 
expressed concern that the PHRC members did not appear to have the 
record of involvement in the protection and promotion of human rights 
that was required under the Protection of Human Rights Act (PHRA). In 
2001 the Commission received 6,300 complaints of human rights 
violations. According to AI, the Commission was understaffed and 
seriously limited by the PHRA, which limited its powers to investigate 
individual cases of human rights violations. The People's Commission, a 
separate body to investigate disappearances, was established by retired 
Supreme Court Justice Kuldip Singh to highlight the fate of more than 
2,000 persons who ``disappeared'' during the period of political unrest 
in Punjab (see Section 1.b.); it continued to receive little 
cooperation from state government authorities.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social status
    The traditional caste system as well as differences of ethnicity, 
religion, and language deeply divide society. Despite laws designed to 
prevent discrimination, other legislation as well as social and 
cultural practices had a profound discriminatory impact, and 
discrimination against women, persons with disabilities, indigenous 
people, and national, racial, and ethnic minorities was a problem. 
According to the National Commission for Scheduled Castes and Scheduled 
Tribes, caste clashes were frequent in Uttar Pradesh, Bihar, and Tamil 
Nadu.

    Women.--Domestic violence was common and a serious problem. In a 
survey by the National Family Health Survey released during the year, 
56 percent of the women said that domestic violence was justified. 
These sentiments, combined with ineffective prosecution, made progress 
against domestic violence difficult.
    The issue of rape received increased political and social attention 
during the year. The press consistently reported that violence against 
women was increasing, although local women's organizations claimed that 
there simply had been increased reporting. Only 10 percent of rape 
cases were adjudicated fully by the courts, and police typically failed 
to arrest rapists, thus fostering a climate of impunity. Mass rapes 
often formed part of the tactics of intimidation used by upper caste 
gangs against lower castes, and gang rapes often were committed as a 
punishment for alleged adultery or as a means of coercion or revenge in 
rural property disputes. Numbers of reports of rape and the extent of 
prosecution varied from state to state. Madhya Pradesh had the highest 
rates of rape reported. In Assam 30 percent of rape cases involved 
girls below 18 years of age. Most of the victims were maidservants, 
some as young as 6 years old. On November 24, a medical student 
allegedly was gang raped in broad daylight in New Delhi. Police 
arrested a man and three suspected accomplices and charged them with 
rape, robbery, and criminal conspiracy.
    Dowry disputes also were a serious problem. Although providing or 
taking dowry was illegal under the Dowry Prohibition Act, dowry was 
practiced widely. In the typical dowry dispute, a groom's family 
members harassed a new wife whom they believed had not provided a 
sufficient dowry. This harassment sometimes ended in the woman's death, 
which family members often tried to portray as a suicide or accident. 
Although most dowry deaths involved lower and middle-class families, 
the phenomenon crossed both caste and religious lines.
    Under the Penal Code, courts must presume that the husband or the 
wife's in-laws were responsible for every unnatural death of a woman in 
the first 7 years of marriage--provided that harassment was proven. In 
such cases, police procedures required that an officer of deputy 
superintendent rank or above conduct the investigation and that a team 
of two or more doctors perform the postmortem procedures. According to 
human rights monitors, in practice police did not follow these 
procedures consistently. In August the Supreme Court stressed the need 
to enforce effectively the Dowry Prohibition Act and to increase social 
awareness; however, there was no indication of improved enforcement or 
increased awareness.
    Sati, the practice of burning widows on the funeral pyres of their 
husbands, was banned, but continued in a few cases despite the ban. On 
August 6, a 65-year-old woman died after performing sati on the funeral 
pyre of her husband in Madhya Pradesh. The state government ordered a 
magisterial inquiry into the incident, and subsequently 15 persons were 
arrested in connection with the incident. At year's end, the suspects 
faced charges of murder and conspiracy.
    Several traditional practices that were harmful to women continued 
during the year. In April a tribal woman in Madhya Pradesh was forced 
to immerse herself in urine in a ritual intended to cleanse her of 
social ostracism; the police arrested four upper caste youths at year's 
end. In July a married woman in Indore was forced to engage in the 
practice of ``agnipariksha,'' where her hands were placed in a fire to 
test her fidelity to her husband, at the request of her in-laws. At 
year's end, the National Commission had begun an investigation into the 
incident.
    In remote villages, witchcraft accusations and punishments still 
occurred. In February a woman accused of being a witch was tortured and 
paraded naked in Rajasthan. Police arrested persons involved in the 
torture, and the District Collector ordered that the woman be paid $105 
(RS 5,040).
    Societal violence against women was a serious problem. In February 
communal violence in Gujarat resulted in the deaths of many women. The 
violence began on February 27 after a Muslim mob in the town of Godhra 
attacked and set fire to two train cars carrying Hindu activists. 
Fifty-eight persons were killed, most of them women and children. In 
the subsequent riots, Muslim women and girls were raped, and an 
estimated 2,000 Muslim persons were killed (see Section 2.c.). In April 
a fact-finding team visited Gujarat to document the impact of communal 
riots on women. A subsequent report stated that Muslim women had been 
subjected to ``unimaginable, inhuman, barbaric'' sexual violence during 
the violence.
    Dalit (``untouchable'' caste) women have been stripped naked by 
mobs and paraded around in public to humiliate Dalits who offended 
other castes. For example, in July two Dalit women allegedly were gang 
raped and paraded nude in a Sudan village following a land dispute with 
local businessmen. Police arrested one person in the case. According to 
HRW, another Dalit woman was paraded naked in Kishanganj in November 
due to a land dispute.
    In Kashmir the Lashkar-e-Jabbar militant group required all Muslim 
women to wear a burqa (a garment that totally covered the face and 
body) when in public or risk retribution. A significant number of women 
in the Kashmir Valley appeared to be complying with the order, 
frightened by the threat of being attacked with acid, beheaded, or 
killed. Lashkar-e-Jabbar also further ordered Hindus and Sikhs in the 
valley to wear identifying marks and told transport companies to 
reserve 50 percent of their seats for women in an effort to separate 
men and women in public spaces. At year's end, Al-Badr militants 
ordered all women police officers in Rajouri District to quit their 
jobs by January 15, 2003.
    In February 2001, the Committee on the Elimination of 
Discrimination Against Women (CEDAW) of the UNCHR continued to 
recommend an extensive range of legal reform, additional resources, and 
affirmative government action to eliminate gender inequality.
    Numerous laws exist to protect women's rights, including the Equal 
Remuneration Act, the Prevention of Immoral Traffic Act, the Sati 
(Widow Burning) Prevention Act, and the Dowry Prohibition Act. However, 
the Government often was unable to enforce these laws, especially in 
rural areas in which traditions were deeply rooted. According to press 
reports, the rate of acquittal in dowry death cases was high, and 
because of court backlogs it took 6 to 7 years on average to rule on 
such cases.
    Prostitution was common, with an estimated 2.3 million prostitutes 
in the country, some 575,000 of whom were children. Many indigenous 
tribal women were forced into sexual exploitation (see Section 6.c.). 
In recent years, prostitutes began to demand legal rights, licenses, 
and reemployment training, especially in Mumbai, New Delhi, and 
Calcutta. In January the Government signed the South Asian Association 
for Regional Cooperation (SAARC) Convention on Prevention and Combating 
Trafficking in Women and Children for Prostitution. The country is a 
significant source, transit point, and destination for many thousands 
of trafficked women (see Section 6.f.).
    In 1999 according to NCRB statistics, there were 8,858 cases of 
sexual harassment. Sexual harassment of women in the workplace became a 
subject of NHRC consideration during the year. The NHRC instituted a 
committee to investigate harassment of women in the legal profession 
and asked universities to establish complaint committees immediately. 
The commission suggested the creation of a telephone hot line for 
complaints, initially starting in New Delhi, and gave advice to the 
media on reporting incidents of harassment against women. The National 
Commission for Women conducted 18 meetings with 568 representatives of 
public sector units, including public and private banks, educational 
institutions, corporations, universities, and hotels, to examine 
further issues of compliance to address harassment against women.
    The law prohibits discrimination in the workplace, but enforcement 
was inadequate. In both rural and urban areas, women were paid less 
than men for doing the same job. Women experienced economic 
discrimination in access to employment and credit, which acted as an 
impediment to women owning a business. The promotion of women to 
managerial positions within businesses often was slower than that of 
males. State governments supported micro credit programs for women that 
began to have an impact in many rural districts.
    The Government continued to review legislation on marriage; it 
passed the Indian Divorce (Amendment) Act during 2001; the act widely 
had been criticized as biased against women. The Act placed limitations 
on interfaith marriages and specified penalties, such as 10 years' 
imprisonment, for clergymen who contravened its provisions. Under the 
Act, no marriage in which one party is a non-Christian may be 
celebrated in a church (see Section 2.c.).
    Under many tribal land systems, notably in Bihar, tribal women do 
not have the right to own land. Other laws relating to the ownership of 
assets and land accorded women little control over land use, retention, 
or sale. However, several exceptions existed, such as in Ladakh and 
Meghalaya, where women had several husbands and controlled the family 
inheritance.

    Children.--The Government has not demonstrated a commitment to 
children's rights and welfare. The Government does not provide 
compulsory, free, and universal primary education, and only 
approximately 59 percent of children between the ages of 5 and 14 
attend school. However, during the year, the lower house of Parliament 
passed a constitutional amendment giving all children ages 6 to 14 the 
right to free and compulsory education provided by the State. The 
amendment also placed an obligation on parents and guardians to provide 
educational opportunities to these children. The amendment awaited the 
President's endorsement at year's end. Of a primary school-age 
population of approximately 203 million, approximately 120 million 
children attended school. However, according to UNICEF, 76.2 percent of 
all children aged 11 to 13 years were attending school. No significant 
sectors or groups actively were excluded from education, but children 
of wealthier families were more likely to attend school than those of 
poor families. A significant gender gap existed in school attendance, 
particularly at the secondary level.
    Child welfare organizations estimated that there were 500,000 
street children nationwide living in abject poverty. A coalition of 
approximately 50 NGOs conducted a detailed survey in the Calcutta 
municipal area and identified 145,000 children who were not attending 
school, although not all of them were street children. The NGOs 
received UNICEF assistance in training teachers to conduct transitional 
education for a target group of 45,000 5- to 9-year-old children. The 
course work was intended to allow these children to enter mainstream 
schooling. The program aimed to set up an additional 600 schools for 
the remaining 29,000 children by year's end. Approximately 500 teachers 
had been trained by year's end.
    Medical care is free to all citizens; however, availability and 
quality were problems, particularly in rural areas.
    Child abuse is prohibited specifically by law. The Government 
stated that child abuse was not a significant problem; however, the 
Government has not released comprehensive statistics regarding child 
abuse.
    Abuse of children in both public and private educational 
institutions was a problem. Schoolteachers often beat children. On 
December 27, police arrested and charged a teacher trainee who 
allegedly abused a four-year-old student in Mirambika School in New 
Delhi. In August 2001, schoolchildren in Barpeta district were asked to 
participate in a statewide peace march organized by the Assam 
government. Young children were taken in a long procession during the 
midday heat and were provided insecticide-ridden food as refreshments. 
Three children died and nearly 1,000 others became ill. The NHRC 
requested that the Assam Chief Secretary issue a detailed report on the 
incident and provide prompt medical treatment for the victims. At 
year's end, the investigation into the incident continued.
    The Child Marriage Restraint (Amendment) Act prohibits child 
marriage, a traditional practice in the northern part of the country. 
The Act raised the age requirement for marriage for girls to 15 from 18 
years, but the Government did not enforce the Act. According to one 
report, 50 percent of girls in Bihar, Rajasthan, Uttar Pradesh, and 
Madhya Pradesh were married by age 16. NCRB statistics showed that only 
56 cases were registered under the Child Marriage Restraint (Amendment) 
Act during 1999. Each year in April, during the Hindu festival of 
Askhay Tritiya, thousands of child marriages were performed in Madhya 
Pradesh, Chhattisgarh, and Rajasthan. Although state governments 
conducted awareness campaigns during the year, enforcement was weak and 
the practice was accepted in certain communities.
    Runaway children, especially in larger cities, were at high risk 
for sexually transmitted diseases and HIV. They often worked 18- to 20-
hour days, frequently in hazardous conditions (see Section 6.c.), and 
suffered sexual and mental abuse.
    Trafficking in children for the purpose of forced prostitution was 
a problem (see Sections 6.c. and 6.f.).
    The buying and selling of children for adoption occurred. In April 
2001, police raided a child adoption racket in Andhra Pradesh. Nearly 
200 children were rescued from several orphanages that were involved in 
the buying and selling of children for adoption. At year's end, police 
made some arrests and had charged some persons in connection with this 
incident.
    The Union Ministry of Social Justice and Empowerment set up a 24-
hour ``child help line'' phone-in service for children in distress in 
nine cities. Run by NGOs with government funding, the child help line 
assisted street children, orphans, destitute children, runaway 
children, and children suffering abuse and exploitation.
    The traditional preference for male children continued. Although 
the law prohibits the use of amniocentesis and sonogram tests for sex 
determination, the Government did not enforce the law. The tests were 
misused widely for sex determination, and termination of a 
disproportionate number of pregnancies with female fetuses occurred. In 
the 12 years since the State of Maharashtra passed a law banning the 
use of such tests for sex determination, the state government filed 
charges against only one doctor, who was acquitted. Human rights groups 
estimated that at least 10,000 cases of female infanticide occurred 
yearly, primarily in poor rural areas. Parts of Tamil Nadu (Dharmapuri, 
Salem, and Madurai districts) still had high rates of female 
infanticide. In addition, parents often gave priority in health care 
and nutrition to male infants. Women's rights groups pointed out that 
the burden of providing girls with an adequate dowry was one factor 
that made daughters less desirable.

    Persons with Disabilities.--Although the Persons with Disabilities 
Act provides equal rights to all persons with disabilities, advocacy 
organizations admitted that its practical effects so far have been 
minimal in part due to a clause that makes the implementation of 
programs dependent on the ``economic capacity'' of the Government. 
According to regional NGOs, there were more than 50 million persons 
with disabilities in the country. According to Javed Abidi of the 
National Center for Promotion of Employment for Disabled People 
(NCPEDP), the census taken during the year failed to include categories 
of disability, thus making an accurate estimate of the needs of persons 
with disabilities impossible. Neither law nor regulations required 
accessibility for persons with disabilities. With the adoption of the 
Persons with Disability Act, a nascent disabled rights movement slowly 
was raising public awareness of the rights of persons with 
disabilities. Government buildings, educational establishments, and 
public spaces in New Delhi have almost no provisions for wheelchair 
access.
    The Disabled Division of the Ministry of Welfare had a budget of 
more than $47 million (RS 2.3 billion) for the 2001-2002 fiscal year 
for a number of organizations and committees at the national, regional, 
and local levels. The Ministry delivered rehabilitation services to the 
rural population through 16 district centers. A national rehabilitation 
plan committed the Government to put a rehabilitation center in each of 
more than 400 districts, but services still were concentrated in urban 
areas. Moreover, the impact of government programs was limited. 
Significant funding was provided to a few government organizations such 
as the Artificial Limbs Manufacturing Corporation of India, the 
National Handicapped Finance and Development Corporation, and the 
Rehabilitation Council of India.
    As a result of the passage of the Persons with Disability Act, 
there was a Disabilities Commissioner who over saw implementation of 
the act and its provisions protecting persons with disabilities. In 
addition, the NHRC formed a group of seven experts in August 2001 to 
identify issues affecting persons with disabilities, to review 
government policies, and to protect the rights of persons with 
disabilities.
    According to the Persons with Disability Act, 3 percent of 
positions in government offices and state-owned enterprises must be 
reserved for persons with visual, hearing, or orthopedic disabilities; 
however, a survey conducted in 1999 by the NCPEDP indicated that in the 
public sector the figure was 0.54 percent and in the private sector 
0.28 percent.
    The Government provided special railway fares, education 
allowances, scholarships, customs exemptions, budgetary funds from the 
Ministry of Rural Development, and rehabilitation training to assist 
the disabled; however,implementation of these entitlements was not 
comprehensive.
    Mental health care was a problem. Hospitals were overcrowded and 
served primarily as a ``dumping ground'' for the mentally handicapped. 
Patients generally were ill-fed, denied adequate medical attention, and 
kept in poorly ventilated halls with poor sanitary conditions. In 
August 2001, 26 inmates at a private Muslim mental hospital in Erwadi, 
Tamil Nadu, died in a fire, because they were chained to their beds, 
which apparently was a common practice in many such private 
institutions. In January 2001, the NHRC wrote to the chief ministers of 
all states to ask them to abide by recommendations to remove all 
persons with mental illness from jails; however, by year's end, no 
action had been taken.

    Indigenous Persons.--The Innerline Regulations enacted by the 
British in 1873 still provide the basis for safeguarding tribal rights 
in most of the northeastern border states. These regulations prohibit 
any person, including citizens from other states, from going beyond an 
inner boundary without a valid permit. No rubber, wax, ivory, or other 
forest products may be removed from the protected areas without prior 
authorization. No outsiders were allowed to own land in the tribal 
areas without approval from tribal authorities.
    The last census conducted indicated that 8 percent of citizens 
belonged to scheduled tribes. According to the Indian Confederation of 
Indigenous and Tribal People (ICITP), 80 percent of the tribal 
population live below the poverty level. At year's end, no action had 
been taken to repeal the Habitual Offenders Act that aimed at the 
nomadic tribes. According to the ICITP, more than 40,000 tribal women, 
mainly from Orissa and Bihar, were forced into situations of economic 
and sexual exploitation (see Sections 6.c. and 6.f.). Special courts to 
hear complaints of atrocities committed against tribal people were to 
have been established under the Protection of Civil Rights Act, but 
this never was accomplished.
    Despite constitutional safeguards, the rights of indigenous groups 
in the eastern parts of the country often were ignored. Indigenous 
peoples suffered discrimination and harassment, were deprived wrongly 
of their land, and were subjected to torture and to arbitrary arrest. 
There was encroachment on tribal land in almost every eastern state, 
including by illegal Bangladeshi immigrants, and by businesses that 
illegally removed forest and mineral products. Moreover, persons from 
other backgrounds often usurped places reserved for members of tribes 
and lower castes in national educational institutions. Mob lynching, 
arson, and police atrocities against tribal people occurred in many 
states (see Section 1.c.). According to a local NGO, in February 2001 
police in Koel-Karo fired on a crowd of 4,000 tribals who had assembled 
to protest the state government's management of the Koel-Karo dam 
project and killed 8 persons (see Section 1.a.).
    Numerous tribal movements demanding the protection of land and 
property rights. The Jharkhand Movement in Bihar and Orissa and the 
Bodo Movement in Assam reflected deep economic and social grievances 
among indigenous peoples. In the Jharkhand area, tribal people 
complained that they were relegated to unskilled mining jobs, lost 
their forests to industrial construction, and were displaced by 
development projects. Largely tribal-populated states from the Jharkand 
area of Bihar and the Chhatisgarh region of Madhya Pradesh were 
created. The Jharkhand Adivasi Chhatra Sangh called for ``ulgulan'' 
(mass awakening) to fight for the cause of the tribals and to demand a 
60 percent reservation for tribals in jobs and education, despite the 
fact that Jharkhand's tribal population made up only 27 percent of the 
population.
    There was some local autonomy for tribal people in the northeast. 
In Meghalaya tribal chiefs still wielded influence in certain villages. 
The Nagaland government controlled the rights to certain mineral 
resources, and autonomous district councils in Tripura, Assam, and 
Meghalaya control matters such as education, rural development, and 
forestry in cooperation with the state governors.

    National/Racial/Ethnic Minorities.--The country's caste system has 
strong historic ties to Hinduism. It delineates clear social strata, 
assigning highly structured religious, cultural, and social roles to 
each caste and subcaste. Members of each caste--and frequently each 
subcaste-are expected to fulfill a specific set of duties (known as 
dharma) in order to secure elevation to a higher caste through rebirth. 
Dalits (formerly called untouchables) were viewed by many Hindus as 
separate from or ``below'' the caste system; nonetheless, they too were 
expected to follow their dharma if they hope to achieve caste in a 
future life. Despite longstanding efforts to eliminate the 
discriminatory aspects of caste, the practice remained widespread.
    The practice of untouchability, which affected those who, along 
with tribal people, occupied the lowest strata of the caste system was 
outlawed in theory by the Constitution and the 1955 Civil Rights Act, 
but it remained an important aspect of life. Untouchability refers to 
the social restrictions imposed on persons because of their birth into 
certain Hindu castes. Dalits were considered unclean by higher caste 
Hindus and thus traditionally were relegated to separate villages or 
neighborhoods and to low paying and often undesirable occupations (such 
as scavenging, street sweeping, and removing human waste and dead 
animals). Many rural Dalits worked as agricultural laborers for higher 
caste landowners. By custom Dalits may be required to perform tasks for 
upper caste Hindus without remuneration. The majority of bonded 
laborers were Dalits (see Section 6.c.). Dalits are among the poorest 
of citizens, generally do not own land, and often are illiterate. They 
face significant discrimination despite the laws that exist to protect 
them, and often are prohibited from using the same wells and from 
attending the same temples as higher caste Hindus, and from marrying 
persons from higher castes. In addition they face segregation in 
housing, in land ownership, on roads, and on buses. Dalits tend to be 
malnourished, lack access to health care, work in poor conditions (see 
Section 6.e.), and face continuing and severe social ostracism. In 
contrast the highest caste, the Brahmin, with 3.5 percent of the 
population, holds 78 percent of the judicial positions and 
approximately 50 percent of parliamentary seats. NGOs reported that 
crimes committed by higher caste Hindus against Dalits often were 
unpunished, either because the authorities did not prosecute vigorously 
such cases or because the crimes were unreported by the victims, who 
feared retaliation. For example, in October five Dalits youths were 
killed by a mob, reportedly led by members of the VHP, in Haryana after 
reports of cow slaughtering in the town. According to HRW, the local 
leader of the VHP said he had no regrets over the incident and that the 
life of a cow was worth more than that of five Dalits. A police 
investigation resulted in 30 arrests; however, there was no further 
action by year's end. In recent years, groups--including some that use 
violence--organized to protect Dalit rights.
    A survey conducted during 2001 by the Protection of Civil Rights 
wing of the Tamil Nadu Adidravidar (indigenous peoples) Department 
identified 191 villages in Tamil Nadu where caste-based oppression and 
violence, and the practice of untouchability, were prevalent. Several 
human rights groups believed that this number was too low and human 
rights groups alleged that in many Tamil Nadu villages, scheduled 
castes were not allowed to participate in local festivals, own houses 
or property in upper caste areas, share upper caste burial grounds, or 
draw water from public wells in upper-caste neighborhoods. The erection 
of statues of Dalit heroes or of the flags of Dalit parties in public 
places often became the cause of inter-caste tension. In several 
village teashops, Dalits were served beverages in separate cups (the 
so-called two-tumbler system).
    According to press reports, some members of the higher caste 
disagreed with the State Election Commission's decision to reserve the 
Melavalavu Panchayat presidency for Dalits and forcibly closed the 
Panchayat office for several days. When the president and his 
associates filed a complaint with the district authorities about the 
incident, they were hacked to death.
    The Constitution gives the President the authority to identify 
historically disadvantaged castes, Dalits, and tribal people (members 
of indigenous groups historically outside the caste system). These 
``scheduled'' castes, Dalits, and tribes were entitled to affirmative 
action and hiring quotas in employment, benefits from special 
development funds, and special training programs. The impact of 
reservations and quotas on society and on the groups they were designed 
to benefit was a subject of active debate. According to the 1991 
census, scheduled castes, including Dalits, made up 16 percent, and 
scheduled tribes were 8 percent of the country's 1991 population of 846 
million. Christians historically rejected the concept of caste; 
however, because many Christians descended from low caste Hindu 
families, many continued to suffer the same social and economic 
limitations that low caste Hindus do, particularly in rural areas. Low 
caste Hindus who convert to Christianity lose their eligibility for 
affirmative action programs. Those who become Buddhists or Sikhs do 
not. In some states, government jobs were reserved for Muslims of low 
caste descent.
    In October the Supreme Court decided that minority-run educational 
institutions that receive government funding may not determine 
unilaterally the number of reservations for various groups in their 
admission policies.
    The Scheduled Castes and Scheduled Tribes (Prevention of 
Atrocities) Act lists offenses against disadvantaged persons and 
provides for stiff penalties for offenders. However, this act had only 
a modest effect in curbing abuse. Human rights NGOs alleged that caste 
violence was on the increase.
    Intercaste violence claimed hundreds of lives annually; it was 
especially pronounced in Uttar Pradesh, Bihar, Rajasthan, Madhya 
Pradesh, Tamil Nadu, and Andhra Pradesh.
    Social pressures to enforce rigid caste lines in all social 
settings led to episodes of vigilante retribution. In Uttar Pradesh in 
August 2001, a young couple, a Brahmin boy and a Jat (lower caste) 
girl, were hanged publicly by their own families in front of most of 
the village as punishment for refusing to break off a cross-caste 
relationship. While much more rare in urban settings, such extreme 
examples of intolerance occured regularly in rural parts of the 
country.
    Complicated social and ethnic divisions in society created severe 
localized discrimination. For example, the Pardhis, a small former 
itinerant community in Maharashtra, faced discrimination at the hands 
of the police and the rest of rural society in the area in which they 
live. In the town of Kalamb in northern Maharashtra, the police 
arrested nine members of the Pardhi community as suspects in a robbery 
case on August 2001. When the Pardhi community held a protest march in 
August 2001, a mob burned 50 Pardhi homes. Due to sustained pressure 
from state human rights activists and the local media, the police filed 
charges against the several persons. The local media, however, 
frequently was biased against minorities in Maharashtra and continued 
to report that the Pardhi community burned its own dwellings to qualify 
for government compensation.

Section 6. Worker Rights

    a. The Right of Association.--The Constitution provides for the 
right of association, and the Government generally respected this right 
in practice. Workers may establish and join unions of their own 
choosing without prior authorization. More than 400 million persons 
made up the country's active work force, and some 30 million of these 
workers were employed in the formal sector. The rest overwhelmingly 
were agricultural workers and, to a lesser extent, urban nonindustrial 
laborers. While some trade unions represented agricultural workers and 
informal sector workers, most of the country's estimated 13 to 15 
million union members were part of the 30-million-member formal sector. 
Of these 13 to 15 million unionized workers, some 80 percent were 
members of unions affiliated with one of the 5 major trade union 
centrals. All major trade union centrals were affiliated to a greater 
or lesser extent with particular political parties. Central unions 
stressed their independence and in some cases were attempting to sever 
previously tight party control. In practice legal protections of worker 
rights were effective only for the organized industrial sector. Outside 
the modern industrial sector, laws were difficult to enforce. Union 
membership was rare in the informal sector.
    When abuses, such as intimidation or suppression of legitimate 
trade union activities, were perpetrated against nationally organized 
or other large-scale unions or unionized workers, the authorities 
generally responded by prosecuting and punishing those persons 
responsible. Unaffiliated unions were not able, in all instances, to 
secure for themselves the protections and rights provided by law.
    The Trade Union Act prohibits discrimination against union members 
and organizers, and employers are penalized if they discriminate 
against employees engaged in union activities.
    Unions are free to affiliate with international trade union 
organizations. The Indian National Trade Union Congress and the Hind 
Mazdoor Sabha were affiliated with the International Confederation of 
Free Trade Unions (ICFTU), and the All India Trade Union Congress was 
affiliated with the World Federation of Trade Unions.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining is the normal means of setting wages and settling disputes 
in unionized plants in the organized industrial sector. Trade unions 
vigorously defended worker interests in this process. Although a system 
of specialized labor courts adjudicates labor disputes, there were long 
delays and a backlog of unresolved cases. When the parties are unable 
to agree on equitable wages, the Government may establish boards of 
union, management, and government representatives to determine them. 
The legislation makes a clear distinction between civil servants and 
other workers. Public service employees have very limited organizing 
and collective bargaining rights.
    Trade unions often exercised the right to strike, but public sector 
unions were required to give at least 14 days' notice prior to 
striking. Some states have laws requiring workers in certain nonpublic 
sector industries to give notice of a planned strike.
    The Essential Services Maintenance Act allows the Government to ban 
strikes and requires conciliation or arbitration in specified 
``essential'' industries. Legal mechanisms exist for challenging the 
assertion that a given dispute falls within the scope of this act; 
however, essential services never have been defined in law. The act 
thus is subject to varying interpretations from state to state. The 
Maharashtra government passed a law in 1999 banning strikes in 
essential services, that included transport services, milk supply 
services the electricity department, and hospitals. The Industrial 
Disputes Act prohibits retribution by employers against employees 
involved in legal strike actions, and this prohibition was observed in 
practice.
    The Kerala High Court declared that all general strikes (bandhs) 
were illegal and that all organizers of protests would be liable for 
losses caused by shutdowns. The Supreme Court upheld the verdict, 
drawing attention to the difference between a complete closedown of all 
activities (bandh) and a general strike (hartal). While it is likely 
that the ruling was introduced in relation to political strikes, unions 
stated that it remained a potential threat to their activities. Other 
court rulings also declared strikes illegal and made striking workers 
pay damages because consumers and the public suffered during strikes.
    According to Ministry of Labor statistics, between January and 
December 2001 there were 672 strikes and lockouts throughout the 
country, involving 587,778 workers. In all, 241,187 person-days were 
lost due to strikes, and 50,154 person-days were lost due to lockouts 
during this period. In April approximately 10 million workers of 
government-owned enterprises went on a 1 day strike to protest 
government plans to amend the labor law. The proposed changes would 
have made it easier to fire workers. The Industrial Disputes Act 
prohibits retaliation against strikers, provided that the strike is 
legal.
    There were seven Export Processing Zones (EPZs). Entry into the 
EPZs ordinarily was limited to employees, and such entry restrictions 
applied to union organizers. All companies bused their workers directly 
to and from the factory. While workers in the EPZs have the right to 
organize and to bargain collectively, union activity was rare. In 
addition, unions did not pursue vigorously efforts to organize private-
sector employees in the years since EPZs were established. Women 
constituted the majority of the work force in the EPZs. The ICFTU 
reported that overtime was compulsory in the EPZs, that workers often 
were employed on temporary contracts with fictitious contractors rather 
than directly by the company, and that workers feared that complaints 
about substandard working conditions would result in their being fired.

    c. Prohibition of Forced or Bonded Labor.--The Constitution 
prohibits forced or bonded labor, including by children; however, such 
practices were widespread. The Bonded Labor System (Abolition) Act 
prohibits all bonded labor, by adults and children. Offenders may be 
sentenced to up to 3 years in prison, but prosecutions were rare. 
Enforcement of this statute, which was the responsibility of state and 
local governments, varied from state to state and generally was not 
effective, due to inadequate resources and to societal acceptance of 
bonded or forced labor. Labor inspectors at the state and local level 
had overwhelming case loads, and in many cases, did not receive 
adequate support or protection to challenge employers, who often had 
direct access to government officials. On the occasions when inspectors 
referred violations for prosecution, long court backlogs and inadequate 
funding for legal counsel frequently resulted in acquittals. NGOs 
estimated that there were 20 to 65 million bonded laborers in the 
country, including a large number of children (see Section 6.d.). 
According to HRW, the majority of bonded laborers were Dalits (see 
Section 5), and bondage was passed from generation to generation.
    A 1983 Supreme Court decision defined forced labor as work at less 
than the minimum wage, which usually was set by the state governments. 
Under this definition, which differed from that of the International 
Labor Organization (ILO), forced labor was widespread, especially in 
rural areas.
    Bonded labor, the result of a private contractual relationship 
whereby a worker incurs or inherits debts to a contractor and then must 
work off the debt plus interest, was illegal but widespread. The 
Government estimated that between enactment of the Bonded (Abolition) 
Act in 1976 and March 2001, 280,411 bonded workers were released from 
their obligations. Other sources maintained that those released 
constituted only 5 percent of the total number of bonded laborers. 
State governments provided a sum of money to workers freed from bondage 
for their rehabilitation. The NHRC formed a high-level Central Action 
Group, which routinely reviewed compliance with the Bonded Labor System 
Act. The NHRC also appointed a special Rapporteur to work in Andhra 
Pradesh, Karnataka, Kerala, and Tamil Nadu and report on compliance. In 
addition, the NHRC instituted a system for receiving regular reports on 
bonded labor from the states. The NHRC also assessed the bonded labor 
problem, identifying state districts in which it especially was acute. 
It identified and evaluated NGOs working in these areas and conducted 
training in bonded labor law enforcement for district officials in the 
acutely affected areas. Some press reports indicated that Tamil Nadu 
alone had 25,800 bonded laborers, in response to which the state 
government began implementing and continued to work on rehabilitation 
plans. In 1999 alone, it allocated $1.25 million (RS 54.4 million) for 
these plans. Government officials worked to release other bonded 
laborers in many states. In West Bengal, organized traffic in illegal 
Bangladeshi immigrants was a source of bonded labor (see Section 6.f.).
    NGOs such as the Bonded Labor Liberation Front worked to release 
bonded laborers throughout the year.
    Female bondage, forced prostitution, and trafficking in women and 
children for the purpose of prostitution were widespread problems (see 
Section 6.f.). According to press reports, prison officials used 
prisoners as domestic servants and sold female prisoners to brothels 
(see Section 1.c.). Devadasis, prepubescent girls given to a Hindu 
deity or temple as ``servants of God,'' were taken from their families 
and required to provide sexual services to priests and high caste 
Hindus. Reportedly many eventually were sold to urban brothels (see 
Sections 5 and 6.f.).

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Government prohibits forced and bonded child labor but 
did not enforce this prohibition effectively and forced child labor was 
a problem. The law prohibits the exploitation of children in the 
workplace.
    The Government continued its plan to eliminate child labor from 
hazardous industries and eventually from all industries. This program, 
for which approximately $55 million (RS 2.64 billion) was budgeted 
since 1992, included the enhanced enforcement of child labor laws, 
income supplements for families, subsidized school lunches in areas 
which child labor was concentrated, and a public awareness campaign. 
The Government continued efforts to enhance enforcement of the Child 
Labor (Prohibition and Regulation) Act and other laws prohibiting and 
regulating child labor.
    There is no overall minimum age for child labor. However, work by 
children under 14 years of age was barred completely in ``hazardous 
industries,'' which includes among other things, passenger, goods, and 
mail transport by railway. There were 13 occupations and 51 processes 
in which children were prohibited from working under the act. Child 
labor was prohibited in certain hazardous industries where there are 
specific age limits for specific jobs. In occupations and processes in 
which child labor is permitted, work by children is permissible only 
for 6 hours between 8 a.m. and 7 p.m., with 1 day's rest weekly.
    In addition to industries that utilize forced or indentured child 
labor (see Section 6.c.), there was evidence that child labor was used 
in the following industries: Hand-knotted carpets; gemstone polishing; 
leather goods; and sporting goods.
    The enforcement of child labor laws was the responsibility of the 
state governments; however, enforcement was inadequate, especially in 
the informal sector in which most children who work were employed. In 
2001 the state government of Karnataka promulgated an ambitious plan to 
eliminate all child labor; however, there was no evidence the plan was 
in operation during the year. The continuing prevalence of child labor 
was attributed to social acceptance of the practice, to the failure of 
the state and federal governments to make primary school education 
compulsory, and to ineffective state and federal government enforcement 
of existing laws.
    The Government established the National Child Labor Project (NCLP) 
to release children from hazardous work places and provide them with 
transitional schooling leading to mainstreaming in regular schools and 
other forms of assistance. In addition, government programs assisted 
working children in rural development, women and children's 
development, health, and adult job creation programs. As of December 
2001, the NCLP had 100 projects in 13 states. From April 2000 to 
December 31, 205,800 children participated in the NCLP. During their 
participation in the NCLP, the children's families were given a small 
stipend--usually $2.15 to $4.30 (RS 100 to 200) per month.
    Government efforts to eliminate child labor affected only a small 
fraction of children in the workplace. A Supreme Court decision 
increased penalties for employers of children in hazardous industries 
to $430 (RS 20,000) per child employed and established a welfare fund 
for formerly employed children. The Government is required to find 
employment for an adult member of the child's family or pay $108 (RS 
5,000) to the family. According to the South Asian Coalition on Child 
Servitude the authorities were pursuing some 6,000 cases against 
employers. The Supreme Court ruling also helped make local government 
officials more aware of the prohibitions against child labor in 
hazardous industries. This in some cases helped improve cooperation 
between local officials and NGOs like SACCS that removed children from 
hazardous workplaces. In the hand-knotted carpet producing area of 
Uttar Pradesh, the NHRC and NGOs worked with the state government to 
establish a task force for the elimination of child labor.
    Estimates of the number of child laborers varied widely. The 
Government census of 1991 put the number of child workers at 11 
million. The ILO estimated the number at 44 million, while NGOs stated 
that the figure is 55 million. Most, if not all, of the 87 million 
children not in school did housework, worked on family farms, worked 
alongside their parents as paid agricultural laborers, worked as 
domestic servants, or otherwise were employed.
    The working conditions of domestic servants and children in the 
workplace often amounted to bonded labor. Children sent from their 
homes to work because their parents cannot afford to feed them, or in 
order to pay off a debt incurred by a parent or relative, had no 
choice. There were no universally accepted figures for the number of 
bonded child laborers. However, in the carpet industry alone, human 
rights organizations estimated that there may be as many as 300,000 
children working, many of them under conditions that amount to bonded 
labor. Officials claimed that they were unable to stop this practice 
because the children were working with their parents' consent. In 
addition, there was a reasonable basis to believe that products were 
produced using forced or indentured child labor in the following 
industries: Brassware; hand-knotted wool carpets; explosive fireworks; 
footwear; hand-blown glass bangles; hand-made locks; hand-dipped 
matches; hand-broken quarried stones; hand-spun silk thread and hand-
loomed silk cloth; hand-made bricks; and beedis (hand-rolled 
cigarettes). A number of these industries exposed children to 
particularly hazardous work conditions (see Section 6.d.). In its first 
attempt to address the issue of domestic child labor, during 2000 the 
Government issued a notification prohibiting government employees from 
hiring children as domestic help. Those employers who failed to abide 
by the law were subject to penalties provided by the Bonded Labor 
System (Abolition) Act (such as fines and imprisonment) and also to 
disciplinary action at the workplace.
    Bonded child labor in silk twining factories was a problem. The 
labor commissioner estimated that there were 3,000 bonded child 
laborers in the Magadi silk twining factories. According to HRW, bonded 
children as young as 5 years old worked 12 or more hours a day, 6 1/2 
or 7 days a week. Children making silk thread dip their hands in 
boiling water that burns and blisters them. They breathe smoke and 
fumes from machinery, handle dead worms that cause infections, and 
guide twisting threats that cut their fingers. As they assist weavers, 
children sit at cramped looms in damp, dim rooms. They do not go to 
school and often were often beaten by their employers. By the time they 
reached adulthood, they were impoverished, illiterate, and often 
crippled by the work. In response UNICEF started a nonformal education 
program for the estimated 3,000 bonded child laborers working in the 
industry. By late 2000, approximately 260 children were enrolled. In 
addition, UNICEF began a microcredit program for the parents of these 
children to create income-generating opportunities as an alternative to 
child labor.
    Employers in some industries also took steps to combat child labor. 
The Carpet Export Promotion Council (CEPC), a quasi- governmental 
organization that received funding from the Ministry of Textiles, has a 
membership of 2,500 exporters who subscribed to a code of conduct 
barring them from purchasing hand-knotted carpets known to have been 
produced with child labor. The CEPC conducted inspections to insure 
compliance and allowed members to use voluntarily a government-
originated label to signify adherence to the code of conduct. Rugmark, 
which was a private initiative, operated a similar voluntary label 
scheme. Rugmark had 250 exporter members who buy carpets from the 
28,710 looms registered with Rugmark. However, the CEPC stated that 
even with the program it was impossible to ensure that a carpet had 
been produced without child labor, given the difficulties of monitoring 
a decentralized and geographically dispersed industry. A private-sector 
research and consulting firm conducted the inspections, which covered 
only 10 percent of registered looms. The inspectors had difficulty 
locating unregistered looms. The Government also cooperated with 
UNICEF, UNESCO, the UNDP, and the ILO in its efforts to eliminate child 
labor.
    The Government participated in the ILO's International Program on 
the Elimination of Child Labor (IPEC). Approximately 90,000 children 
were removed from work and received education and stipends through IPEC 
programs since they began in the country in 1992.
    The NHRC, continuing its own child labor agenda, organized NGO 
programs to provide special schooling, rehabilitation, and family 
income supplements for children in the glass industry in Firozabad. The 
NHRC also intervened in individual cases.
    The Government has not ratified ILO Convention 182 on the worst 
forms of child labor.

    e. Acceptable Conditions of Work.--The directive principles of the 
Constitution declare that ``the State shall endeavor to secure . . . to 
all workers . . . a living wage, conditions of work ensuring a decent 
standard of life and full enjoyment of leisure and social and cultural 
opportunities.'' Laws set minimum wages, hours of work, and safety and 
health standards. Laws governing minimum wages and hours of work 
generally were observed in industries subject to the Factories Act but 
largely were not enforced elsewhere and did not ensure acceptable 
conditions of work for the 90 percent of the work force not subject to 
the Factories Act.
    Minimum wages varied according to the state and to the sector of 
industry. Such wages provided only a minimal standard of living for a 
worker and were inadequate to provide a decent standard of living for a 
worker and family. Most workers employed in units subject to the 
Factories Act received more than the minimum wage, including mandated 
bonuses and other benefits. The state governments set a separate 
minimum wage for agricultural workers but did not enforce it 
effectively. Some industries, such as the apparel and footwear 
industries, did not have a prescribed minimum wage in any of the states 
in which such industries operated.
    The Factories Act established an 8-hour workday, a 48-hour 
workweek, and various standards for working conditions. These standards 
generally were enforced and accepted in the modern industrial sector, 
but tended not to be observed in older and less economically robust 
industries. State governments were responsible for enforcement of the 
Factories Act. However, the large number of industries covered by a 
small number of factory inspectors and the inspectors' limited training 
and susceptibility to bribery resulted in lax enforcement.
    The enforcement of safety and health standards also was poor. 
Although occupational safety and health measures varied widely, in 
general state and central government resources for inspection and 
enforcement of standards were adequate. However, as awareness grew, the 
courts began to take work-related illnesses more seriously.
    Industrial accidents continued to occur frequently due to improper 
enforcement of existing laws. Chemical industries were the most prone 
to accidents. According to the Director General of Mines' safety rules, 
mining companies must seal the entrances to abandoned underground mines 
and opencast mines were to be bulldozed and reforested. These rules 
seldom were obeyed. According to the Government, during the period from 
January to September 2001, 192 persons were killed in mining accidents. 
In February 2001, the collapse of a mine wall led to the death of more 
than 30 miners. An investigation into the cause of the disaster began 
during the year. Illegal mining was rampant. In October a fire in the 
firecracker manufacturing company in Andhra Pradesh killed 13.
    Safety conditions tended to be better in the EPZs.
    The law does not provide workers with the right to remove 
themselves from work situations that endanger health and safety without 
jeopardizing their continued employment.
    Legal foreign workers were protected under the law; however, 
illegal foreign workers had no protection.

    f. Trafficking in Persons.--The law prohibits trafficking in 
persons; however, trafficking in persons was a significant problem. 
NGOs alleged that corruption at the enforcement level helps to 
perpetuate the problem. The country was a significant source, transit 
point, and destination for numerous trafficked persons, primarily for 
the purposes of prostitution and forced labor.
    The country was a destination country for Nepali and Bangladeshi 
women and girls trafficked for the purpose of labor and prostitution. 
Internal trafficking of women and children was widespread. To a lesser 
extent, the country is a origin for women and children trafficked to 
other countries in Asia, the Middle East, and the West. The country 
serves as a transit point for Bangladeshi girls and women trafficked 
for sexual exploitation to Pakistan, and for boys trafficked to the 
Gulf States to work as camel jockeys. NGOs reported that sexual 
exploitation of children for sex tourism increased sharply in the 
states of Goa and Kerala.
    Child prostitution occurred in the cities, and there were an 
estimated 575,00 child prostitutes nationwide. According to an ILO 
estimate, 15 percent of the country's estimated 2.3 million prostitutes 
were children. More than 2.3 million girls and women were believed to 
be working in the sex industry against their will within the country at 
any given time, and more than 200,000 persons were believed to be 
trafficked into, within, or through the country annually. Women's 
rights organizations and NGOs estimated that more than 12,000 and 
perhaps as many as 50,000 women and children were trafficked into the 
country annually from neighboring states for the sex trade. According 
to an ILO estimate, 15 percent of the country's estimated 2.3 million 
prostitutes were children, while the U.N. reported that an estimated 40 
percent were below 18 years of age. Many tribal women were forced into 
sexual exploitation.
    Trafficking in, to, and through the country largely was controlled 
by organized crime.
    There was a growing pattern of trafficking in child prostitutes 
from Nepal. Girls as young as 7 years of age were trafficked from 
economically depressed neighborhoods in Nepal, Bangladesh, and rural 
areas to the major prostitution centers of Mumbai, Calcutta, and New 
Delhi. There were approximately 100,000 to 200,000 women and girls 
working in brothels in Mumbai and 40,000 to 100,000 in Calcutta. In 
Mumbai an estimated 90 percent of sex workers began when they were 
under 18 years of age; half were from Nepal. A similar profile was 
believed to exist among female sex workers in Calcutta, although the 
vast majority of women who were trafficked there came from Bangladesh. 
NGOs in the region estimated that approximately 6,000 to 10,000 girls 
were trafficked annually from Nepal to Indian brothels, and that a 
similar number were trafficked from Bangladesh.
    The northeastern states of Meghalaya, Manipur, and Tripura were 
source areas for internally trafficked women and girls. West Bengal was 
a source for women and girls trafficked to Mumbai, Delhi, Uttar 
Pradesh, and Punjab for the commercial sex trade. The women involved in 
Mumbai's sex trade were mainly from Karnataka, rural Maharashtra, Tamil 
Nadu, Orissa, Bangladesh, and Nepal.
    In West Bengal, the organized traffic in illegal Bangladeshi 
immigrants was a source of bonded labor. Calcutta was a convenient 
transit point for traffickers who send Bangladeshis to New Delhi, 
Mumbai, Uttar Pradesh, and West Asia. Persons sometimes were sold into 
virtual slavery.
    Within the country, women from economically depressed areas often 
moved into the cities seeking greater economic opportunities, and once 
there were victimized by traffickers who forced or coerced them into 
the sex trade. In some cases, family members sold young girls into the 
sex trade. For example, according to a local NGO researcher, in one 
village in Uttar Pradesh, girls 1 to 2 years of age were purchased from 
their parents and adopted by persons who trained them for the sex trade 
through the use of pornographic materials and then sold them into the 
sex trade when they were 7 to 12 years old.
    Many indigenous tribal women were forced into sexual exploitation. 
According to the Indian Center for Indigenous and Tribal Peoples 
(ICITP), more than 40,000 tribal women, mainly from Orissa and Bihar, 
were forced into economic and sexual exploitation; many came from 
tribes that were driven off their land by national park schemes. In 
Punjab persons of both sexes were sold in weekend bazaars, ostensibly 
as farm labor; many instead were purchased for the purposes of forced 
sexual services. The Department of Social Welfare suggested that more 
efficient implementation of ongoing development programs for tribal 
people in the district offered the best remedy for the child labor 
problem.
    The number of women being trafficked to other countries was 
comparatively low. In July 2000, authorities cooperated with 
investigators seeking evidence in the prosecution of Lakreddy Bali 
Reddy, a U.S. citizen of Indian birth, who was indicted for trafficking 
minor girls for sexual exploitation from a rural area of Andhra Pradesh 
to the U.S. Reddy allegedly paid the airfares and expenses of 350 to 
400 young men and women aged approximately 13 to 18 years, mostly from 
low castes, and obtained their passports and visas--ostensibly to work 
as specialty cooks or laborers in his restaurants or apartment 
business. However, upon arrival in the U.S., the girls reportedly were 
put to work in a prostitution ring. Some of the girls claimed that 
Reddy had sex with them in India after their parents sold them; at 
least one victim was 12 years old. At year's end, Reddy pled guilty to 
trafficking and was imprisoned for this crime.
    Many boys, some of whom were as young as age 4, were trafficked to 
West Asia or the Persian Gulf States (especially the United Arab 
Emirates) and became camel jockeys in camel races. Some such boys end 
up as beggars in Saudi Arabia during the hajj. The majority of such 
children worked with the knowledge of their parents, who received as 
much as $200 (RS 9,300) for their child's labor, although a significant 
minority simply were kidnaped. The gangs bringing the jockeys earned 
approximately $150 (RS 6,975) per month from the labor of each child. 
The usual procedure used for bringing the children to the Gulf States 
was to have their names added to the passport of a Bangladeshi or 
Indian woman who already had a visa for the Gulf; the children 
fraudulently were claimed to be her children. Girls and women were 
trafficked to the Persian Gulf States to work as domestic workers or 
sex workers.
    The National Commission for Women reported that organized crime 
played a significant role in the country's sex trafficking trade and 
that women and children who were trafficked frequently were subjected 
to extortion, beatings, and rape. How women were trafficked varies 
widely: Some were abducted forcibly or drugged, while others were made 
false offers of marriage, employment, or shelter. Poverty, illiteracy, 
and lack of employment opportunities contributed to the trafficking 
problem, although organized crime was a common element in all 
trafficking incidents, as was police corruption and collusion. Although 
corruption was endemic in the country, there was no known anti-
corruption initiative that was linked specifically to corruption as it 
related to trafficking during the year. NGOs alleged that ignorance, a 
lack of political resolve to tackle it, and corruption at the 
enforcement level perpetuated the problem.
    Although the police were charged with enforcing the country's laws 
on prostitution and trafficking in women and children, NGOs, observers, 
and sex workers uniformly viewed police actions as part of the problem. 
Sex workers in Mumbai and Calcutta claimed that harassment, extortion, 
and occasional arrests on soliciting charges usually characterized 
police intervention. The police seldom were seen as a positive force 
that addressed the violence of pimps and traffickers while protecting 
underage girls from bonded sex labor. In May in a raid on a brothel in 
Pune, the police reportedly discovered that one major brothel owner's 
cell-phone had the numbers of many senior police officers in its 
memory. A commonly held view among sex workers and NGOs was that local 
police and politicians responsible for the redlight areas received 
bribes from organized crime networks to protect the lucrative sex 
trade. NGOs, victims, and the media continued to identify corruption at 
the enforcement level as an impediment to swifter and fairer justice 
for trafficked women and children.
    Victims of trafficking were subject to threats, including emotional 
blackmail, violence, and confinement, as well as the threat of 
apprehension by authorities, detention, prosecution and deportation. 
Most victims of trafficking did not possess identity documents. Once 
removed from their communities to an area dominated by a different 
culture and a different language or dialect, it was difficult for 
victims of trafficking to find their way back home, where they may face 
social ostracism.
    The penalty for traffickers was prescribed by the Immoral 
Trafficking Prevention Act (ITPA). If the offense had been committed 
against a child (under 16 years), the punishment was imprisonment for 7 
years to life. If the victim was a minor (16 to 18 years), the 
punishment was from 7 to 14 years. Other penalties under the act range 
from minimum terms of imprisonment of 1 year for brothel-keeping, to 
minimum terms of 7 years to life imprisonment for detaining a person, 
with or without consent, for prostitution.
    Immoral Trafficking Prevention Act (ITPA), supplemented by the 
Penal Code, prohibits trafficking in human beings and contains severe 
penalties for violations. The Constitution also prohibits trafficking 
in persons. The ITPA toughened penalties for trafficking in children, 
particularly by focusing on traffickers, pimps, landlords, and brothel 
operators, while protecting underage girls as victims. The ITPA 
required police to use only female police officers to interrogate girls 
rescued from brothels. The ITPA also required the Government to provide 
protection and rehabilitation for these rescued girls. In addition, 
under the ITPA, prostitution is not a crime; the ITPA criminalizes only 
solicitation or engaging in sex acts in or near a public place. Some 
NGOs noted that this ambiguity, which was intended to protect 
trafficking victims, instead was exploited to protect the sex industry.
    However, the country's prostitution and trafficking laws were 
imposed selectively by police; clients and organizers of the sex trade 
tended not to be penalized, while prostitutes found soliciting or 
practicing their trade in or near (200 yards) public places were 
penalized. Due to the selective implementation, the ``rescue'' of sex 
workers from brothels often led to their revictimization. Using the 
ITPA's provisions against soliciting or engaging in sexual acts, police 
regularly may arrest sex workers, extort money from them, evict them, 
and take their children from them. Clients of prostitutes, by 
comparison, largely were immune from any law enforcement threat, as 
clients committed a crime only if they had engaged in a sex act with a 
sex worker in a public place or had had sex with a girl under the age 
of 16 years (statutory rape). Therefore, although the intention of the 
ITPA was to increase enforcement efforts against the traffickers, 
pimps, and border operators, the opposite occured; a Calcutta NGO 
reported that on average, approximately 80 to 90 percent of the arrests 
made under the ITPA in West Bengal state in the 1990s were of female 
sex workers. Only a small fraction of arrests made under the ITPA 
involved traffickers. Implementation of the ITPA's provisions for 
protection and rehabilitation of women and children who were rescued 
from the sex trade was extremely poor. NGOs familiar with the legal 
history of prostitution and trafficking laws regarded the failure of 
the judiciary to recognize this inequity in the law's implementation as 
a continuing ``blind spot.'' Over the last several years, arrests and 
prosecutions under the ITPA remained relatively static, while all 
indications suggested a growing level of trafficking into and within 
the country.
    NGOs and others alleged that when police took action against 
brothels suspected of enslaving minors, the resulting police raids 
often were planned poorly and seldom coordinated with NGOs or 
government social agencies. NGOs claimed that without advance notice of 
police raids on brothels, they were not able to lend valuable 
assistance in identifying and interviewing underage victims. Moreover, 
police did not seek advice or assistance from NGOs in planning law 
enforcement action to protect the victims during raids. Therefore, the 
police action often worsened the situation of the girls and women 
indebted to traffickers and brothel owners. Girls rescued from brothels 
were treated as criminals and often abused sexually by their police 
rescuers or by the staff of government remand centers, where they were 
housed temporarily before being brought back to the brothels as a 
result of the bribes paid by brothel operators, or legally released 
into the custody of traffickers and madams posing as relatives. In 
these cases, the debt owned by the girls to the brothel operators and 
traffickers further increases as the costs of bribing or legally 
obtaining release of the girls is added to their labor debt.
    NGOs also have demanded that special ITPA courts for speedy 
resolution of cases allow videotaped testimony so that underage victims 
need not be summoned back for trial. Social welfare agencies of the 
central and state governments were underfunded and were unable to 
implement antitrafficking plans effectively. The NGO community took the 
lead on prevention, protection, and prosecution of trafficking and has 
a mixed record in securing the cooperation of the state and local 
police. During the year, police and NGOs rescued 12 minor girls from 
brothels in New Delhi. The Andhra Pradesh NGO Sthree, registered nine 
cases and arrested ten traffickers in two Andhra Pradesh districts 
between May and November. At year's end, six trials were ongoing in 
connection with these arrests. In separate incidents, Railway Police 
helped to rescue 41 children from Chennai to Gujarat on September 19 
and ten girls in Coimbatore on September 17. There were roughly 80 NGOs 
in 10 states around the country working for the emancipation and 
rehabilitation of women and children trafficked into the sex trade. A 
group on child prostitution established by the NHRC includes 
representatives from the National Commission for Women, the Department 
of Women and Child Development, NGOs, and UNICEF. It continued to meet 
throughout the year to devise means of improving enforcement of legal 
prohibitions.
    Some NGOs were very knowledgeable about the trafficking situation 
in the brothel areas such as Kamathipura, and could identify 
traffickers and the locations of girls being held captive by brothel 
owners. However, most of these NGOs were reluctant to trust the police 
with this information due to the past conduct of police in brothel 
raids and the likelihood that many trafficking victims would be 
arrested and revictimized rather than assisted by such raids. 
Cooperation among NGOs in sharing information and assessing the 
magnitude and scope of the trafficking problem in Mumbai has not been 
significant, although it continued to improve. Some NGOs, particularly 
in Mumbai, Calcutta, New Delhi, and Pondicherry, worked aggressively to 
sensitize, train, and create awareness of trafficking among local 
authorities. The NGO Prerana, which worked closely with government 
officials, was an example.
    Efforts to improve NGO coordination were being made in Calcutta, 
where 10 NGOs met monthly as part of the Action Against Trafficking and 
Sexual Exploitation of Children (AATSEC) forum. Every 3 months, the 
group attempted to meet with its Bangladeshi and Nepalese counterparts. 
Calcutta NGOs such as Sanlaap also were seeking to build stronger 
working relationships with local police. As a result of this 
coordination, Sanlaap built stronger working relationships with police 
and other law enforcement officials in Calcutta. It organized and 
sponsored meetings between representatives of the sex workers and 
police to discuss such issues as violence against women and 
trafficking. The seminars helped sensitize police to the fact that many 
of the sex workers were the victims of organized traffickers. Sanlaap 
has been allowed to place a counselor at the West Bengal Remand Home 
for Women, where rescued trafficking victims were housed. It also has 
been permitted to place counselors in police stations within Calcutta's 
red light district and convinced the courts to release young 
trafficking victims into its custody, instead of sending them to the 
remand home.
    Training and informational meetings took place under the AATSEC 
forum, which worked with groups in Nepal and Bangladesh. The NHRC asked 
the committee that oversees the Hajj (pilgrimage) to require individual 
passports for children instead of allowing them to be included on that 
of their escort, in order to reduce trafficking of children. NHRC also 
advised the Government of West Bengal to make efforts to educate 
Muslims about child trafficking.
                              ----------                              


                                MALDIVES

    The Republic of Maldives has a parliamentary style of government 
with a strong executive. The President appoints the Cabinet, members of 
the judiciary, and one-sixth of the Parliament. The President derives 
additional influence from his constitutional roles as the ``Supreme 
authority to propagate the tenets of Islam.'' Political parties 
officially were discouraged, and candidates for the unicameral 
legislature, the People's Majlis, ran as individuals. The Majlis 
selected a single presidential nominee who was approved or rejected in 
a national referendum. President Gayoom was approved for a fifth 5-year 
term in 1998. The Majlis must approve all legislation and is empowered 
to enact legislation without presidential approval. Civil law is 
subordinate to Shari'a (Islamic law), but civil law generally is 
applied in criminal and civil cases. The judiciary was subject to 
executive influence.
    The civilian authorities maintain effective control of the National 
Security Service (NSS). The NSS includes the armed forces and police, 
and its members serve in both police and military capacities during 
their careers. The Director of the NSS reports to the Minister of 
Defense. The police division investigates crimes, collects 
intelligence, makes arrests, and enforces house arrest. There were no 
reports that security forces committed human rights abuses.
    Tourism and fishing provide employment for more than one-half of 
the work force. Tourism accounts for 30 percent of government revenues 
and roughly 70 percent of foreign exchange receipts. The population is 
approximately 270,000. Agriculture and manufacturing continue to play a 
minor role in the economy, which is constrained by a severe shortage of 
labor and lack of arable land. The per capita gross domestic product 
(GDP) in 2001 was $2,100 (25,892 Rufiyaa), and the GDP growth rate was 
approximately 2 percent.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. The President's 
power to appoint a significant portion of the Parliament constrains 
citizens' ability to change their government. A continued easing of 
government restrictions and the Press Council's balanced handling of 
issues related to journalistic standards allowed a greater diversity of 
views in the media. The Government limits freedom of assembly and 
association, and does not permit the formation of political parties. 
There were significant restrictions on the freedom of religion. In the 
past, the Government has detained arbitrarily and expelled foreigners 
for proselytizing and detained citizens who converted. Although the 
Government has undertaken a number of programs addressing women's 
issues, women faced a variety of legal and social disadvantages. The 
Government also restricted certain worker 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 law prohibits such practices, and there were no 
reports that government officials employed them. There was an 
unconfirmed report of beatings or other mistreatment of persons in 
police custody during the year; however, by year's end this could not 
be independently verified (see Section 1.d.). There were no reports of 
public floggings (which are allowed under Shari'a as interpreted in the 
country), as in past years. Punishments usually were confined to fines, 
compensatory payment, house arrest, imprisonment, or banishment to a 
remote atoll. The Government generally permitted those who are banished 
to receive visits by family members.
    The country's prison was destroyed by fire in 1999. Following the 
fire, the Government transferred prisoners to a temporary facility, 
which housed a fluctuating population of approximately 300 inmates.
    Prison conditions at the existing facility, including food and 
housing, generally were adequate. Prisoners were allowed to work and 
were given the opportunity for regular exercise and recreation. Spouses 
were allowed privacy during visits with incarcerated partners. The 
Government was surveying prison facilities in other countries to 
incorporate international standards and improvements in the 
reconstruction of the prison, and it has requested training for prison 
guards. Women were held separately from men. Children were held 
separately from adults. Persons arrested for drug use are sent to a 
``drug rehabilitation center'' (on a space available basis) where 
sleeping quarters and most activities are segregated; although common 
areas were shared by all.
    The Government has permitted prison visits by foreign diplomats. 
The issue of visits by human rights groups was not known to have arisen 
during the year.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution states 
that no person shall be arrested or detained for more than 24 hours 
without being informed of the grounds for arrest or detention.
    Police initiate investigations based on suspicion of criminal 
activity or in response to written complaints from citizens, police 
officers, or government officials. They were not required to obtain 
warrants for arrests. Based on the results of police investigations, 
the Attorney General referred cases to the appropriate court. The 
authorities generally kept the details of a case confidential until 
they were confident that the charges were likely to be upheld. In the 
past, persons have been held for long periods without charge, but there 
were no reports of such occurrences during the year.
    Depending upon the charges, a suspect may remain free, be detained 
in prison, or placed under house arrest for 15 days during 
investigations. The President may extend pretrial detention for an 
additional 30 days, but in most cases the suspect is released if not 
brought to trial within 15 days. Those who are released pending trial 
may not leave a specific atoll. Within 24 hours of an arrest, an 
individual must be told of the grounds for the arrest. An individual 
then can be held for 7 days. If no legal proceedings have been 
initiated within 7 days, the case is referred to an anonymous 3-member 
civilian commission appointed by the President that can authorize an 
additional 15 days of detention. After that time, if legal proceedings 
still have not been initiated, a judge must sanction the continued 
detention on a monthly basis. Although there was no right to legal 
counsel during police interrogation, detainees were granted access to 
family members. There was no provision for bail.
    The Government may prohibit access to a telephone and nonfamily 
visits to those under house arrest. While there have been no reported 
cases of incommunicado detention in the past few years, the law does 
not provide safeguards against this abuse.
    There were no reports of religious prisoners during the year; 
however, there were several reports of religious detainees during the 
year. The law limits a citizen's right to freedom of expression in 
order to protect the ``basic tenets of Islam.'' According to Amnesty 
International and other sources, four individuals were arrested for 
distributing Islamist and antigovernment literature during the year. By 
year's end, three of the men were convicted to lengthy prison sentences 
for extremism and subversion, and the fourth man was released. In 
addition, a Muslim clergyman reportedly was questioned and temporarily 
detained during an investigation into accusations that he had made 
Islamist-tinged sermons in June.
    Member of Parliament (M.P.) Abdullah Shakir was arrested in July 
2001 and released the following month. There was some dispute as to why 
he was arrested; the Government states he was arrested on a purely 
civil matter, which since has been resolved, but international human 
rights groups claimed that he was arrested for his support of a 
petition to form political parties in the country (see Section 2.b.). 
In March Shakir's appeal against the 2001 sentence was rejected by the 
high court.
    There were no reports of the external exile of citizens during the 
year. In the past, the Government sometimes has banished convicted 
criminals to inhabited atolls away from their home communities, but 
there were no reports that this occurred during the year.

    e. Denial of Fair Public Trial.--The Constitution does not provide 
for an independent judiciary, and the judiciary is subject to executive 
influence. In addition to his authority to review High Court decisions, 
the President influences the judiciary through his power to appoint and 
dismiss judges, all of whom serve at his pleasure and are not subject 
to confirmation by the Majlis. The President also may grant pardons and 
amnesties.
    There were three courts: One for civil matters; one for criminal 
cases; and one for family and juvenile cases. On the recommendation of 
the Ministry of Justice, the President appoints a principal judge for 
each court. There was also a High Court in Male, which was independent 
of the Justice Ministry and which handled a wide range of cases, 
including politically sensitive ones. The High Court also acts as court 
of appeals. High Court rulings can be reviewed by a five-member 
advisory council appointed by the President. The President also has 
authority to affirm judgments of the High Court, to order a second 
hearing, or to overturn the Court's decision. In addition to the Male 
court, there were 204 general courts on the islands.
    There were no jury trials. Most trials were public and conducted by 
judges and magistrates trained in Islamic, civil, and criminal law. 
Magistrates usually adjudicate cases on outer islands, but when more 
complex legal questions were involved, the Justice Ministry would send 
more experienced judges to handle the case.
    The Constitution provides that an accused person be presumed 
innocent until proven guilty, and that an accused person has the right 
to defend himself ``in accordance with Shari'a.'' During a trial, the 
accused also may call witnesses, and be assisted by a lawyer. Courts do 
not provide lawyers to indigent defendants. Judges question the 
concerned parties and attempt to establish the facts of a case.
    Civil law is subordinate to Shari'a, which is applied in situations 
not covered by civil law as well as in certain acts such as divorce and 
adultery. Courts adjudicating matrimonial and criminal cases generally 
do not allow legal counsel in court because, according to a local 
interpretation of Shari'a, all answers and submissions should come 
directly from the parties involved. However, the High Court allowed 
legal counsel in all cases, including those in which the rights to 
counsel was denied in lower court. Under the country's Islamic 
practice, the testimony of two women is required to equal that of one 
man in matters involving Shari'a, such as adultery, finance, and 
inheritance. In other cases, the testimony of men and women were equal 
(see Section 5).
    There were no confirmed reports of political prisoners. Human 
rights agencies alleged that there are political prisoners; however, 
the Government maintained that these prisoners were convicted of crimes 
not related to politics.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits security officials from 
opening or reading letters, telegrams, and wireless messages or 
monitoring telephone conversations, ``except as expressly provided by 
law.'' The NSS may open the mail of private citizens and monitor 
telephone conversations if authorized in the course of a criminal 
investigation.
    Although the Constitution provides that residential premises and 
dwellings should be inviolable, there is no legal requirement for 
search or arrest warrants. The Attorney General or a commanding officer 
of the police must approve the search of private residences.
    The Government policy to encourage a concentration of the 
population on the larger islands continued, and the policy generally 
was successful in moving a significant number of citizens to the larger 
islands.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The law prohibits public 
statements that are contrary to Islam, threaten the public order, or 
are libelous. The Penal Code prohibits inciting citizens against the 
Government. However, an amendment to the Penal Code decriminalized 
``true account(s)'' by journalists of governmental actions.
    Regulations that make publishers responsible for the content of the 
material they published remain in effect, but no legal actions against 
publishers were initiated during the year.
    The Press Council is composed of lawyers, private and government 
media representatives, and other government officials. The Council 
reviews charges of journalistic misconduct (advising the Ministry of 
Information, Arts, and Culture on measures to be taken against 
reporters, when appropriate) and promotes professional standards within 
the media by recommending reforms and making suggestions for 
improvement. Private journalists have said that they are satisfied with 
the Council's objectivity and performance. The Government agreed that 
private journalists, rather than the Government, should take 
responsibility for preparation of a journalistic code of ethics. 
Individual newspapers and journals established their own ethical 
guidelines in many cases.
    Most major media outlets were owned either by the Government or its 
sympathizers. Nonetheless, these sympathetic outlets on occasion 
strongly criticize the Government.
    Almost 200 newspapers and periodicals were registered with the 
Government, only some of which publish on a regular basis. Aafathis, a 
morning daily, often was critical of government policy, as was the 
Monday Times, a weekly English language magazine. Two dailies, Miadhu 
and Haveeru, were progovernment.
    The Government owned and operated the only television and radio 
stations. It did not interfere with foreign broadcasts or with the sale 
of satellite receivers. Reports drawn from foreign newscasts were aired 
on the Government television station. Cable News Network (CNN) was 
shown daily, uncensored, on local television.
    There were no reports of government censorship of the electronic 
media; nor were there closures of any publications or reports of 
intimidation of journalists.
    Television news and public affairs programming routinely discussed 
topics of concern and freely criticized government performance. Regular 
press conferences with government ministers continued. Journalists were 
more self-confident than in the past; self-censorship appeared to have 
diminished, although it remained a problem. Since it is not clear when 
criticism violates the law prohibiting public statements that were 
contrary to Islam, threaten the public, or were libelous, journalists 
and publishers continued to watch what they say, particularly on 
political topics, to avoid censure by the Government.
    There were no legal prohibitions on the import of foreign 
publications except for those containing pornography or material 
otherwise deemed objectionable to Islamic values. No seizures of 
foreign publications were reported during the year.
    The Internet is available. There were no government attempts, other 
than blocking pornographic material, to interfere with its use.
    The Government did not restrict academic freedom. Some teachers 
reportedly are vocal in their criticism of the Government.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly ``peaceably and in a manner that does 
not contravene the law''; however, the Government imposed limits on 
this right in practice. The Home Ministry permitted public political 
meetings during electoral campaigns, but limited them to small 
gatherings on private premises.
    The Government imposes some limits on freedom of association. The 
Government registered clubs and other private associations if they do 
not contravene Islamic or civil law. While not forbidden by law, the 
President officially discouraged political parties on the grounds that 
they were inappropriate to the homogeneous nature of society. The 
President reaffirmed this position when he decided against a petition 
to form a political party in June 2001. One signatory to the petition 
was M.P. Abdullah Shakir, who subsequently was arrested, but was 
released soon thereafter. Some observers believed his arrest was 
connected to his support for the creation of political parties in the 
country, but the Government maintained that he was arrested in 
connection with a civil matter (see Section 1.e.). There were 
unconfirmed reports that the Government harassed politicians who signed 
the petition to form political parties. During the year, Mohammed 
Nasheed lost his seat in the Majlis after he was convicted of petty 
theft. He reportedly was released from internal exile in late August. 
Some observers claim that the theft charge was fabricated to punish 
Nasheed for supporting a movement to form a political party and for his 
criticism of President Gayoom (see Section 3).
    During the year, many Majlis members were active and outspoken 
critics of the Government and called for closer parliamentary 
examination of government policy.
    Although not prohibited, there were no active local human rights 
groups in the country. The Government has been responsive to requests 
from foreign governments and international organizations to examine 
human rights problems (see Section 4). While the Government also does 
not prohibit labor unions, it recognizes neither the right to form them 
nor the right to strike. There were no reports of efforts to form 
unions or to strike during the year (see Section 6).

    c. Freedom of Religion.--Freedom of religion is restricted 
significantly. The Constitution designates the Sunni branch of Islam as 
the official state religion, and the Government interprets this 
provision to impose a requirement that citizens be Muslims. The 
practice of any religion other than Islam is prohibited by law. Foreign 
residents are allowed to practice their religion if they do so 
privately and do not encourage citizens to participate. President 
Gayoom repeatedly has stated that no other religion should be allowed 
in the country, and the Home Affairs Ministry has announced special 
programs to safeguard and strengthen religious unity. The President, 
the members of the People's Majlis, and cabinet members must be 
Muslims.
    There were no places of worship for adherents of other religions. 
The Government prohibits the importation of icons and religious 
statues, but it generally permitted the importation of individual 
religious literature, such as Bibles, for personal use. It also 
prohibited non-Muslim clergy and missionaries from proselytizing and 
conducting public worship services. Conversion of a Muslim to another 
faith was a violation of Shari'a and may result in punishment. In the 
past, would-be converts have been detained and counseled regarding 
their conversion from Islam. Foreigners have been detained and expelled 
for proselytizing. Unlike in previous years, there were no reports of 
foreigners detained for proselytizing.
    Islamic instruction was a mandatory part of the school curriculum, 
and the Government funds the salaries of religious instructors. The 
Government has established a Supreme Council of Islamic Affairs to 
provide guidance on religious matters. The Government also has set 
standards for individuals who conduct Friday services at mosques to 
ensure adequate theological qualifications, and to ensure that services 
were not dominated by radicals.
    Under the country's Islamic practice, certain legal provisions 
discriminate against women (see Sections 1.e., 3, and 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 are free to travel at home and 
abroad, to emigrate, and to return. Because of overcrowding, the 
Government discouraged migration to the capital island of Male or its 
surrounding atoll. Foreign workers often were housed at their 
worksites. Their ability to travel freely was restricted, and they were 
not allowed to mingle with the local population on the islands.
    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 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. 
The Government cooperates with the office of 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
    Citizens' ability to change their government is constrained, and 
the strong executive exerts significant influence over both the 
legislature and the judiciary. Under the Constitution, the Majlis 
chooses a single presidential nominee, who must be a Sunni Muslim male, 
from a list of self-announced candidates for the nomination. Would-be 
nominees for president were not permitted to campaign for the 
nomination. The nominee is then confirmed or rejected by secret ballot 
in a nationwide referendum. From a field of five candidates, President 
Gayoom was nominated by the Majlis and was confirmed by referendum for 
a fifth 5-year term in 1998. Observers from the South Asian Association 
for Regional Cooperation (SAARC) found the referendum to be free and 
fair.
    The Office of the President was the most powerful political 
institution. The Constitution gives Shari'a preeminence over civil law 
and designates the President as the ``supreme authority to propagate 
the tenets'' of Islam. The President's authority to appoint one-sixth 
of the Majlis members, which was one-third of the total needed for 
nominating the president, provided the president with a power base and 
strong political leverage. The President also was Commander in Chief of 
the armed forces, the Minister of Defense and National Security, the 
Minister of Finance and Treasury, and the Governor of the Maldivian 
Monetary Authority.
    The elected members of the Majlis, who must be Muslims, serve 5-
year terms. All citizens over 21 years of age may vote. Of the body's 
50 members, 42 are elected and the President appoints 8 members. 
Individuals or groups were free to approach members of the Majlis with 
grievances or opinions on proposed legislation, and any member may 
introduce legislation. There were no political parties, which were 
officially discouraged (see Section 2.b.).
    Relations between the Government and the Majlis have been 
constructive. The Government may introduce legislation but may not 
enact a bill into law without the Majlis' approval. The Majlis may 
enact legislation into law without presidential assent if the President 
fails to act on the proposal within 30 days or if a bill is repassed 
with a two-thirds majority. In the past few years, the Majlis 
increasingly have become independent, challenging government policies 
and rejecting government-proposed legislation.
    For the past several years, the Majlis have held a question period 
during which members may question government ministers about public 
policy. Debate on the floor since the question period was instituted 
has become increasingly sharp and open.
    Elections to the People's Majlis last were held in 1999. According 
to observers from the SAARC, the elections were generally free and 
fair. A by-election was held in April following the controversial 
expulsion of M.P. Mohammed Nasheed from the Majlis, upon his conviction 
for theft (see Section 2.b.). According to observers, the election was 
generally free and fair.
    There were 5 women in the 48-member Majlis. There was one woman in 
the Cabinet. Women were not eligible to become president but may hold 
other government posts. However, for reasons of tradition and culture, 
relatively few women sought or were selected for public office. In 
December 2001, the position of Atoll Chief of Felidhe was awarded to a 
women, Haseena Moosa. In order to increase participation by women in 
the political process, the Government continued a political awareness 
campaign in the atolls. In the November 1999 elections, six women ran 
for seats and two were elected. During the 1999 elections, observers 
from the SAARC noted that women participated equally in the electoral 
process. Following the elections, President Gayoom appointed an 
additional three women to the Majlis.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Although not prohibited, there were no active local human rights 
groups. The Government has been very responsive to the interest of 
foreign governments in examining human rights problems. A number of 
international human rights organizations, such as UNICEF, are present 
in the country. The Government cooperated with these international 
organizations.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution provides for the equality of all citizens before 
the law, but there is no specific provision to prohibit discrimination 
based on race, sex, religion, disability, or social status. Women 
traditionally have been disadvantaged, particularly in terms of the 
application of Shari'a, in matters such as divorce, education, 
inheritance, and testimony in legal proceedings.

    Women.--Women's rights advocates agreed that domestic violence and 
other forms of violence against women were not widespread. There were 
no firm data on the extent of violence against women because of the 
value attached to privacy. Police officials reported that they received 
few complaints of assaults against women. Rape and other violent crimes 
against women were extremely rare. Under Shari'a the penalty would be 
flogging, banishment, or imprisonment for up to 5 years.
    Although women traditionally have played a subordinate role in 
society, they participate in public life in growing numbers and 
gradually are participating at higher levels. During the year, there 
was one woman minister, the Minister of Women's Affairs and Social 
Welfare, and one women nominated to the position of Atoll Chief (see 
Section 3). Women constitute 38 percent of government employees, and 
approximately 10 percent of uniformed NSS personnel. Well-educated 
women maintained that cultural norms, not the law, inhibit women's 
education and career choices. However, during the year, the Government 
continued law literacy programs and workshops on gender and political 
awareness in the outer atolls to make women aware of their legal 
rights. The Government also has built 15 women's centers in the atolls, 
which are facilities where family health workers can provide medical 
services. The centers also provide libraries and space for meetings and 
other activities with a focus on the development of women. In addition, 
in July 2001 the Government passed a family law that makes 18 years of 
age the minimum age of marriage for women.
    Under Islamic practice, husbands may divorce their wives more 
easily than vice versa, absent any mutual agreement to divorce. Shari'a 
also governs intestate inheritance, granting male heirs twice the share 
of female heirs. A woman's testimony was equal only to one-half of that 
of a man in matters involving adultery, finance, and inheritance (see 
Section 1.e.). Women who work for wages receive pay equal to that of 
men in the same positions.
    In 2000 the Cabinet created a Gender Equality Council to serve as 
an advisory body to the Government to help strengthen the role of women 
in society and to help ensure equal participation by women in the 
country's development; however, there were no reports of specific 
council actions during the year.

    Children.--The Government does not have a program of compulsory 
education, but it provided universal access to free primary education. 
The percentage of school-age children in school in 2001 was: (grades 1 
to 5) 99 percent; (grades 6 to 7) 96 percent; and grades (8 to 10) 51 
percent. Of the students enrolled, 49 percent were female and 51 
percent are male. In many instances, education for girls was curtailed 
after the seventh grade, largely because parents do not allow girls to 
leave their home island for an island having a secondary school. 
Nevertheless, women enjoyed a higher literacy rate (98 percent) than 
men (96 percent).
    Children's rights were incorporated into law, which specifically 
protects them from both physical and psychological abuse, including 
abuse at the hands of teachers or parents. The Ministry of Women's 
Affairs and Social Welfare has the authority to enforce this law, takes 
its responsibility seriously, and has received strong popular support 
for its efforts. Although unable to provide an exact number, the 
Ministry noted that there continued to be reports of child abuse during 
the year, including sexual abuse. Penalties for the sexual abuse of 
children range from banishment to imprisonment for up to 3 years. It is 
not known if there were any prosecutions for child abuse or child 
sexual abuse during the year. At year's end, the Government was 
reviewing the law to see if improvements and additional protections are 
necessary.
    The Government was committed to the protection of children's rights 
and welfare. The Government was working with UNICEF to implement the 
rights provided for in the U.N. Convention on the Rights of the Child. 
The Government has established a National Council for the Protection of 
the Rights of the Child. Government policy provided for equal access to 
educational and health programs for both male and female children. In 
May the Government ratified two Optional Protocols, on the Children in 
Armed Conflict and Sale of Children, of the U.N. Convention on 
Children.

    Persons with Disabilities.--There is no law that specifically 
addresses the rights of persons with physical or mental disabilities. 
In 1999 the Government initiated a survey that identified 30,000 
persons with disabilities in the country (primarily hearing and 
visually impaired). The Government has established programs and 
provided services for persons with disabilities.
    Persons with disabilities usually were cared for by their families. 
When family care was unavailable, persons with disabilities were kept 
in the Institute for Needy People, which also assisted elderly persons. 
The Government provided free medication for all persons with mental 
disabilities in the islands, and mobile teams regularly visited 
patients with mental disabilities.

Section 6. Worker Rights

    a. The Right of Association.--While the Government does not 
expressly prohibit unions, it recognizes neither the right to form them 
nor the right to strike. However, small groups of similarly employed 
workers with mutual interests have formed associations, which include 
employers as well as employees. These associations may address a 
variety of issues, including workers' rights.
    The work force consisted of between 70,000 and 75,000 persons, 
including expatriate labor and seasonal and part-time workers. The 
approximately 27,000 foreigners who work in the country make up almost 
half of the workers in the formal sector; most are employed in hotels, 
the retail and wholesale trade, factories, or on construction projects. 
The Government employed approximately 22,000 persons, both permanent 
and temporary. It estimated that the manufacturing sector employs 
approximately 15 percent of the labor force and tourism another 10 
percent.
    There are no laws specifically prohibiting antiunion discrimination 
by employers against union members or organizers.
    Although workers can affiliate with international labor 
federations, this generally has not been the case. However, it is 
believed some seamen have joined such federations.
    In 1995 the U.S. Government suspended the country's eligibility for 
tariff preferences under the U.S. Generalized System of Preferences 
because the Government failed to take steps to afford internationally 
recognized worker rights to workers.

    b. The Right to Organize and Bargain Collectively.--The law neither 
prohibits nor protects workers' rights to organize and bargain 
collectively. Wages in the private sector are set by contract between 
employers and employees and are usually based on the rates for similar 
work in the public sector.
    There were no reports of efforts to form unions or of strikes 
during the year.
    There are no export processing zones.

    c. Prohibition of Forced or Bonded Labor.--The law does not 
prohibit forced or 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.--There is no compulsory education law, but almost 98 
percent of school-age children to grade 7 were enrolled in school (see 
Section 5). The law bars children under 14 years of age from ``places 
of waged work and from work that is not suitable for that child's age, 
health, or physical ability or that might obstruct the education or 
adversely affect the mentality or behavior of the child.'' The law also 
prohibits government employment of children under the age of 16. There 
were no reports of children being employed in the small industrial 
sector, although children work in family fishing, agricultural, and 
commercial activities. The hours of work of young workers were not 
limited specifically by statute. A Unit for Children's Rights in the 
Ministry of Women's Affairs and Social Welfare is responsible only for 
monitoring compliance with the child labor regulations, not 
enforcement.

    e. Acceptable Conditions of Work.--The regulations for employee 
relations specify the terms that must be incorporated into employment 
contracts and address such issues as training, work hours, safety, 
remuneration, leave, fines, and termination. There was no national 
minimum wage for the private sector, although the Government has 
established wage floors for certain kinds of work such as government 
employment, which provided a decent standard of living for a worker and 
family. Given the severe shortage of labor, employers must offer 
competitive pay and conditions to attract skilled workers.
    There were no statutory provisions for hours of work, but the 
regulations required that a work contract specify the normal work and 
overtime hours on a weekly or monthly basis. In the public sector, a 7 
hour day and a 5 day workweek have been established through 
administrative circulars from the President's office. Overtime pay in 
the public sector was instituted in 1990. There are no laws governing 
health and safety conditions. There were regulatory requirements that 
employers provide a safe working environment and ensure the observance 
of safety measures. It was unclear whether workers can remove 
themselves from unsafe working conditions without risking the loss of 
their jobs. The Ministry of Trade, Industries, and Labor has a Labor 
Dispute Settlement Unit to resolve wage and labor disputes and to visit 
worksites and enforce labor regulations.

    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 Attorney General's Office believes 
that should a case arise, it could be addressed under Shari'a.
                               __________

                                 NEPAL

    Nepal is a constitutional monarchy with a parliamentary form of 
government. In 1990 the late King Birendra, formerly an absolute 
monarch, legalized political parties, after which an interim government 
promulgated a new Constitution. King Birendra's brother, King 
Gyanendra, assumed the throne on June 4, 2001, after the late Crown 
Prince Dipendra apparently killed King Birendra and nine members of the 
royal family. The democratically elected Parliament consists of the 
House of Representatives (lower house) and the National Assembly (upper 
house). In 1999 the country's third national parliamentary elections 
were held, which international observers considered to be generally 
free and fair. At the request of Prime Minister Sher Bahadur Deuba, 
King Gyanendra dissolved Parliament in May and set mid-term elections 
for November 13. In October the King dissolved the caretaker 
government, postponed elections indefinitely, and asked all major 
political parties to nominate members to an interim Cabinet. On October 
11, the King appointed Lokendra Bahadur Chand as Prime Minister of an 
interim government. After Maoist insurgents broke a 4-month ceasefire 
with a series of violent attacks in November 2001, King Gyanendra, 
acting on the advice of the Cabinet of Ministers, declared a nationwide 
state of emergency which remained in effect until it expired on August 
28. Under the Constitution's emergency provisions, the King suspended 
several constitutional rights, including the right to assembly, the 
right to public information, and the rights to opinion and expression. 
These rights were restored after the expiration of the emergency on 
August 28. The Constitution provides for an independent judiciary; 
however, the courts often were inefficient and susceptible to political 
pressure and corruption.
    In 1996 the leaders of the Maoist United People's Front 
(``Maoists'') launched a ``People's War'' that has led to continued 
violence in 74 of the country's 75 districts. The insurrection has been 
waged through torture, killings, bombings, extortion, and intimidation 
against civilians and public officials.
    The Royal Nepal Army (RNA) assumed responsibility for internal 
security from the National Police Force at the beginning of the state 
of emergency in November 2001 and continued this responsibility during 
the year. The Army maintained internal security and was subject to 
effective control of the King, who was its Supreme Commander. The 
National Police Force continued to be subject to effective civilian 
control. Local Chief District Officers (CDO's), who were civil servants 
in the Home Ministry, have wide discretion in maintaining law and 
order. An Act passed by Parliament in August 2001 provided for the 
establishment of the paramilitary Armed Police Force (APF). There were 
reports of the arbitrary or unlawful deprivation of life committed by 
the by the security forces. Some members of the security forces 
committed numerous serious human rights abuses.
    The country is extremely poor, with an annual per capita gross 
domestic product of approximately $242; the population is 23.2 million. 
More than 80 percent of the country's population support themselves 
through subsistence agriculture. Principal crops include rice, wheat, 
maize, jute, and potatoes. Tourism and the export of carpets and 
garments were the major sources of foreign exchange. Foreign aid 
accounted for more than half of the development budget. The economy was 
mixed, with 39 public sector firms. Seventeen former government firms 
have been privatized or liquidated since 1992, although the rate of 
privatization was slow.
    The Government's human rights record remained poor, and it 
continued to commit numerous abuses. The security forces used 
unwarranted lethal force and continued to abuse detainees, using 
torture as punishment or to extract confessions. Impunity remained a 
problem. In the beginning of the state of emergency in November 2001 
the Government stated that restrictions were targeted only at Maoist 
insurgents; however, the security forces were given broad latitude to 
arrest and detain individuals suspected of Maoist sympathies. The 
National Human Rights Commission (NHRC) investigated allegations of 
human rights violations and recommended compensation for victims and 
penalties for police officers who commit abuses. While the Government 
had begun to pay compensation to some victims, the police officers 
involved seldom were punished. The disappearance of persons in custody 
was a problem. Prison conditions remained poor. The authorities used 
arbitrary arrest and detention. Following the state of emergency 
declaration, the King promulgated the Terrorist Ordinance that defined 
a number of crimes, including taking up arms against the sovereignty 
and security of the country, as acts of terrorism. The Ordinance also 
allowed the Government to declare individuals as terrorists and detain 
them for up to 90 days without charge; to hold persons under house 
arrest; and to set up special courts for terrorists. The King also 
promulgated a second order designating members of the Communist Party 
of Nepal (Maoists) and individuals involved with or assisting the 
Maoists as terrorists. After the expiration of the state of emergency 
on August 28, Maoist suspects were detained under the Terrorist and 
Destructive Activities Act, which was passed by Parliament on April 4. 
The Act allowed suspects to be detained without charge for up to 60 
days and to be held in preventive detention for up to 90 days. The Act 
provides for immunity for members of the security forces or others who 
undertake ``bona fide'' actions to control terrorism. During the year, 
none of the cases filed against Maoist suspects under the special anti-
terrorism legislation were tried. Lengthy pretrial detention, judicial 
susceptibility to political pressure and corruption, and long delays in 
trial procedures remained problems. The Government at times imposed 
some restrictions on freedom of expression, and the media practiced 
self-censorship. After the November 2001 declaration of the state of 
emergency, several journalists and other individuals working for 
Maoist-affiliated newspapers were arrested and the newspapers closed 
down. Freedom of assembly was one of the constitutional rights 
suspended after the declaration of emergency; however, the Government 
subsequently clarified that only rallies and demonstrations by Maoist-
affiliated organizations were banned during the emergency. In practice, 
only a few mass meeting or rallies took place during the emergency. The 
Government restricted certain public celebrations by the Tibetan 
community. The Constitution imposes restrictions on proselytizing to 
spread religion. Women, persons with disabilities, and lower castes 
suffered from widespread discrimination. Violence against women, 
trafficking in women and girls for prostitution, and child labor also 
remained serious problems. There have been instances of forced child 
labor and forced labor in the past, but there were no cases reported 
during the year. Nepal 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, the Maoists increased the scope of their campaign, 
frequently committing torture, killings, bombings, forcibly 
conscripting children, and other abuses.
    On February 21, the Government passed a law that prohibited the 
practice of bonded ``Kamaiya'' laborers, established district-level 
committees to supervise the rehabilitation of former Kamaiya laborers, 
and provided for fines and other judicial measures for employers who 
use Kamaiya labor. In March the Parliament passed a law allowing 
unmarried adult women equal rights to inherit property from their 
parents. In July the RNA created a human rights cell under its Adjutant 
General Department to investigate reports of human rights violations. 
During the year, the human rights cell conducted 8 investigations and 
in two cases, the soldiers involved were disciplined; however, no 
person faced a court martial.
                        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 commit extrajudicial killings. The Terrorism and 
Destructive Activities Act passed by Parliament in April provides for 
immunity for members of the security forces or other who undertake 
``bona fide'' actions to control terrorism. Unlike the previous year, 
there were no reports that police killed persons while trying to 
control violent demonstrations. According to Amnesty International 
(AI), some observers found the number of prisoners taken under 
battlefield conditions to be low and concluded that many Maoist 
fighters apparently were killed rather than taken prisoner.
    Police also were responsible for deaths in custody. For example, on 
March 15 soldiers arrested Kancha Dongol in Kathmandu on suspicion of 
Maoist activities. An autopsy revealed he had been shot twice and was 
severely beaten. After an initial investigation, two soldiers were 
disciplined for dereliction of duty; further investigation into the 
incident by the RNA was pending at year's end. On March 27, police in 
Rayapur, Saptari shot and killed Ajabwal Yadav while in police custody, 
according to local NGO the Informal Sector Service Center (INSEC). On 
May 2, INSEC reported the custodial death of Sakur Manihar in Krishna 
Nagar, Kapilabastu. According to INSEC, some of his relatives believed 
he was beaten to death during his detention at the police station in 
Kapilabastu. On June 26, the local media reported that police in 
Kathmandu killed Krishna Sen, a Maoist Central Committee member and 
editor of the Maoist newspaper Jana Disha, while in police custody. 
According to a local human rights organization, Krishna Sen's body 
reportedly had been brought to a Kathmandu hospital by the police and 
then quickly taken for cremation. The Government officially denied the 
report and claimed that it had no information on Sen's arrest (see 
Section2.a.). On August 4, police brought the body of Ram Hari Khadga, 
who had been arrested earlier that day, to a hospital for an autopsy. 
According to the police report, Khadga died while he attempted to jump 
from a police vehicle while in motion. However, the autopsy found 
injuries to his back, upper and lower limbs, and head consistent with 
multiple blunt blows to the head. The autopsy determined Khadga likely 
had been beaten to death.
    There were no developments in the following 2001 cases: The death 
of Bhadur Ale Magaar and Rita Banjara; the police killing of suspected 
Maoist Madan Shestha; the death in custody of Kul Bahadur Malla, 
Chandra Jumari B.K., and Tika Kumari Khatri in Tatopani; the police 
killing of Prakash Ojha in Morang District; the police killing of 
Chandradip Yadav, Uttimlal Yadav, and Devkumar Yadav; the investigation 
of the police killing Bishnu Rai; the killing of Jit Bahadur Ghatri 
(see Section 1.c.); or the January 2001 killing of five robbery 
suspects in a jungle in Bara District.
    On February 26, a member of the APF shot and killed a 14-year-old 
girl in Chaumala, Kailali. According to press reports, the APF member 
may have had a personal dispute with the girl's family. The APF 
arrested the member and turned him over to the police for 
investigation. At year's end, the policeman remained in jail awaiting 
trial.
    Civilians continued to be killed by security forces. In most cases 
of unlawful or extrajudicial killings, the security forces claimed that 
the victims were members of the Maoists. For example, according to AI, 
on January 6, security forces killed 14-year-old Dalle Nepali in 
Pipaltari, Myagdi district, while he was trying to run away without 
making an attempt to arrest him. Security forces claimed the boy was a 
member of the Maoists who had been killed while trying to escape from a 
search operation. On February 26, soldiers shot and killed 32 laborers 
in Kalikot District. According to press and human rights reports, 
Maoists hid at the laborers' camp; however, they had reportedly fled by 
the time the Army arrived. A Ministry of Defense press released noted 
only that security forces killed 67 ``Maoists'' in Kalikot from 
February 22-25. A Royal Nepal Army (RNA) investigation concluded that 
the laborers killed were Maoist activists. On March 12, 10 members of 
the National People's Front, a left-wing political party, were summoned 
to an army camp in Bhingithe, Baglung District. Seven of the 10 persons 
were released, and the bodies of the remaining three were found by 
villagers the following day. The RNA said the three persons were 
Maoists who were killed while trying to escape. On July 22, RNA troops 
conducting a joint operation with police in Sarahawa, Bardiya, shot and 
killed 12-year-old Rupa Tharu. After conducting an investigation, the 
RNA recommended that her family be paid compensation for her death. On 
October 29, a joint police and RNA patrol in Pandusen, Bajura 
reportedly shot and killed Maoist suspect Padum Bahadur Shahi near a 
field where he was working with other family members. On November 27, 
RNA soldiers fired upon 5 boys returning after midnight from funeral 
rites for a relative in Nuwakot District. The five boys, ranging in age 
from 14 to 19, were killed. The local commander said the boys were 
approaching a security perimeter and failed to heed an order to halt. 
After an investigation was conducted into the incident, the RNA 
recommended that the boys' families be paid compensation for their 
deaths. In November five citizens attending a religious ceremony in 
Rolpa District were killed by gunshots fired from an RNA-manned 
helicopter. The RNA investigated the incident and found that the 
aircraft had been fired upon first, therefore no persons have been 
charged in connection with the killings. On December 4, RNA troops shot 
and killed nine persons, ranging in age from 14 to 23 who were 
celebrating a festival in Laximpur, Dang District. The RNA contended 
that the nine persons were Maoists. At year's end, there reportedly was 
no action taken against the responsible members of the RNA for the 
deaths.
    During the year, the RNA investigated the 2001 incident of 16-year-
old Jitendra Tharu and claimed that Tharu was killed in the crossfire 
between the police and Maoists. Another local human rights organization 
reported that RNA troops shot and killed 11 villagers holding a meeting 
in Dang District in November 2001. During the year, the RNA 
investigated the incident and determined that the army units were fired 
upon first.
    There were no developments in the November 2001 killing of eight 
Maoists, four NGO employees, and a local civilian, or in the December 
2001 death of Dil Bahadur Ram.
    Unlike in previous years, there were no reports that police fired 
into crowds during the year. In May 2001, police fired into a crowd in 
Lamjung protesting government corruption, killing Shuk Man Gurung, the 
Khudi Village Development Chairman.
    In September 2001, police in Parsa District in the south-central 
part of the country shot and killed one civilian while attempting to 
quell a riot between long-time residents of the lowland area and 
alleged Maoist migrants from the hills. The incident was under 
investigation by the Home Ministry at year's end.
    In October 2001, police in Tulsipur, Dang District, shot into a 
crowd of violent rioters, killing a 25-year-old man and injuring nine 
others. The rioters were vandalizing and setting fire to buses in 
protest after a bus hit and killed two students.
    The Appellate Court in Lalitpur was investigating the cases of five 
persons killed by police attempting to control violent riots at the end 
of December 2000 in Kathmandu. According to the Home Ministry, the 
Government has paid the families of the deceased slightly more than 
$650 each (NRs 50,000) and fined the officers involved.
    Police, armed personnel, insurgents, and noncombatants continue to 
be killed in the increasingly violent ``People's War.'' Launched in 
1996 by leaders Pushpa Kamal Dahal (``Prachanda'') and Baburam 
Bhattarai, the ``People's War'' is a self-declared Maoist insurgency. 
The Government continued to commit human rights abuses in its efforts 
to combat the insurgency. Approximately 3,040 Maoists were killed by 
security forces during the year. Some of the deaths were believed to 
have been extrajudicial killings. In August 2001, the NHRC recommended 
disciplinary action against police officials responsible for ordering 
police to fire into a meeting of the Maoist-affiliated All Nepal 
Women's Association in Bharatpur in late 2000, killing one woman and 
injuring several others. The Commission also has recommended that the 
Government pay compensation of more than $1,300 (NRs 100,000) to the 
family of the woman who was killed and lesser amounts to four of the 
injured.
    Maoists were responsible for numerous abuses. Maoist rebels clashed 
with security forces repeatedly during the year. Police fatalities 
totaled 446; RNA fatalities totaled 204; and APF fatalities totaled 96 
for the year. For example, on January 28, three policemen, including 
the Officer in Charge of the District, were killed when their vehicle 
hit a landmine in Kailali. On September 7, 49 policemen were killed by 
Maoists in a police post in Bhiman, Sindhuli. On September 8, 32 
policemen were killed in a Maoist attack on district headquarters in 
Sandhikharkha, Arghakhanchi. On November 15, 33 policemen were killed 
in a Maoist attack on the district headquarter in Jumla.
    On April 12, Maoists attacked an APF post in Satbariya, Dang, 
killing 37 members of the paramilitary force. On May 7, 17 APF members 
were killed in an attack in Gam, Rolpa.
    On February 17, 55 RNA members were killed when Maoists attacked 
district headquarters in Mangelsen, Achham. On May 7, Maoists attacked 
a combined police/army post in Gam, Rolpa, killing 35 soldiers. On 
September 8, Maoists attacked a district headquarters in Sandhikharkha, 
Arghakhanchi, and killed 17 soldiers. On November 15, 4 soldiers were 
killed in a Maoist attack on district headquarters in Jumla.
    Although their activities were focused on the security forces, the 
Maoists continued to kill and injure civilians and politicians. The 
insurgents killed 518 civilians during the year. For example, on 
January 16, Maoists abducted, shot, and killed schoolteacher and local 
AI Coordinator Mukti Nath Adhikari in Chandeshwor, Lamjung (see Section 
4). On February 22, Maoists torched a bus and killed five persons in 
Bandhara, Chitwan, including an 8-year-old girl. On March 12, Village 
Development Chairman Ram Mani Gyawali was tortured and killed in 
Kerung, Arghakhanchi. On March 21, Maoists abducted and killed Lekhnath 
Gautam, a teacher and a local AI member. On May 31, the program 
director for the NGO Plan International, Ishwor Lal Joshi, was shot and 
killed in Baitadi District. On June 4, local Nepal Red Cross Vice 
President Dhruva Dev Acharya was shot and killed by Maoists in Devghat, 
Tanahun. According to AI, on July 9, 300 Maoists dragged all male 
villagers above age 15 from their homes in Banke district. The Maoists 
proceeded to beat 25 persons with clubs, rifle butts, and spears, after 
accusing them of handing over two Maoists to the police earlier in the 
day. Two men died after the beatings and several others were wounded 
severely. On August 16, Manohar Pratap Malla, the son of a former 
minister, was killed by Maoists in Dhanusha District. On November 9, a 
Nepali contract guard supervisor was shot and killed by Maoists in his 
home in Kathmandu. On November 14, Maoists killed Chakra Bahadur 
Dagaura, a UML member of parliament, in the western district of 
Kailali. The motive behind the killing remained unclear; however, 
family members claimed that Dagaura had refused to donate money to the 
militants.
    Although their activities were focused on the Government, Maoists 
also used bombs on civilians. On March 2, a 16-year-old student was 
killed in a Maoist bomb blast at a school in Siddhikali, Sankhuwasabha. 
On September 16, Shiva Pariyar was killed by a bomb during a Maoist 
general strike in Hamja, Kaski. On November 8, a 14-year-old boy was 
killed in a Maoist bomb blast in Banepa, Kavre.
    In December 2001, Maoists stabbed Nepali Congress activist Megh 
Bahadur Baniya to death in Chinnebas, Syangja District. In December 
2001, two assailants claiming to be Maoists shot and killed Ramesh 
Manandhar, a plainclothes foreign Embassy guard, on duty in Kathmandu. 
In December 2001, a group of 15-20 Maoists in Dailekh District beat to 
death Janak Thapa. In December 2001, Maoists killed a primary school 
headmaster and a former President of the Village Development Committee 
in Gorkha District. In December 2001, Maoists shot and killed a 23-
year-old man in Tara Khola, Baglung District.
    The Government and the Maoists declared a ceasefire in July 2001 
and held three rounds of talks in August, September, and November 2001. 
Following the third round of talks, the Maoists unilaterally broke the 
ceasefire in November 2001 with attacks on police, army, and APF 
personnel in several districts. The insurgency has resulted in the 
deaths of an estimated 6,600 persons, including 954 policemen; 238 
soldiers; 102 members of the APF; 858 civilians; and 4,444 insurgents.
    In September 2001, several villagers beat to death 60-year-old 
Malechhiya Devi in Bela Ekdara, Mahottari District, on suspicion of 
witchcraft. One person has been jailed in connection with the case; 
four others absconded (see Section 5).

    b. Disappearance.--The disappearance of persons while in the 
custody of the security forces is a problem. On April 4, Parliament 
passed the Terrorist and Destructive Activities Act, which contains 
many of the same anti-terrorism features as the Ordinance, but without 
the accompanying restrictions on civil rights. According to the INSEC, 
269 civilians have disappeared in government custody since 1996 and 32 
have disappeared during the year. According to AI 66 persons have 
disappeared in government custody during the year. According to AI, on 
July 2, Som Bahadur Ghale Tamang, General Secretary of the Tamang 
Indigenous People's Organization, disappeared after he reportedly was 
arrested by members of the APF in his home in Kathmandu. The previous 
day he had participated in a peaceful march for indigenous rights in 
Kathmandu.
    On June 11, Khim Lal Devkota, a member of the Nepal Bar 
Association, was arrested at his law firm in Kathmandu. After the 
police and the Army denied having detained Devkota, a habeas corpus 
petition was filed with the Supreme Court by his wife on June 18. 
Devkota was released from detention after the Supreme Court ordered his 
release September 24.
    According to AI, on July 15, Bishnu Prasad Gyawali was arrested by 
soldiers from his shop in Fulbari, Kailali District. Authorities claim 
that Gyawali was arrested on suspicion of having supplied food to the 
Maoists. Authorities have acknowledged his detainment; however, they 
have given no information about his whereabouts or allowed his family 
to visit him.
    On July 29, Bishnu Pukar Shrestha, a teacher and a member of the 
Maoists' Joint Revolutionary Council, reportedly was arrested from his 
Kathmandu home by plainclothes security personnel. He subsequently was 
released on December 16 (see Section 4). According to local press 
reports, on August 19, security forces arrested Tendi Sherpa, advisor 
to the Nepal Sherpa Students' Forum and president of a local unit of 
the All Nepal National Free Students' Union. The police and the Army 
maintain that they have no knowledge of the whereabouts of Tendi 
Sherpa.
    There were no developments in the disappearances of Shiva Prasad 
Sharma in February 2001, and Dinesh Sharma in November 2000.
    Police statistics indicate that the Maoists have abducted 227 
policemen since 1996. During the year, 6 of the 227 remained missing. 
On July 13, 2001 Maoists surrounded a police post in Rolpa in the west, 
taking dozens of policemen hostage. The Army subsequently confronted 
the insurgents, and a standoff ensued. Representatives of human rights 
groups who arrived in Rolpa within days to mediate state that the 
Maoists released 22 of the police hostages at that time, and may have 
released more thereafter. Since no hostages were handed over directly 
to the Government, the Government cannot confirm those releases. In 
September 2001, the Maoists released 5 policemen previously captured in 
Banke, and in 2001 released 17 of those captured in Rolpa to the 
International Committee of the Red Cross (ICRC). In October 2001, 
Maoists released an additional eight policemen to the ICRC. According 
to the Home Ministry, all of the police originally missing from Rolpa 
have been accounted for.
    According to the Government, the Maoists have abducted 968 
civilians since 1996. INSEC reported that Maoists abducted 132 persons 
during the year and that at year's end 470 civilians remained missing 
since the beginning of the insurgency in 1996. On May 7, Maoists 
kidnaped Om Kumar Amoli, a high school principal, and Bhakti Devkota, a 
teacher, in Putu, Surkhet. On May 15, Maoists kidnaped Narayan Prasad 
Subedi, General Secretary of the Nepal Red Cross in Rolpa District. On 
September 19, Maoists abducted approximately 200 persons, including 
students and teachers from a village in Ramechhap District. The 
students ranged in age from 12 to 16. According to the Ramechhap CDO, 
the hostages were taken to a nearby town and released later in the day. 
In July 2001, Maoists kidnaped former Nepali Congress MP and Bajura 
District Development Chairman Dev Raj Joshi. He was released September 
2001. In September 2001, Maoists abducted two members of the Chaughada 
Village Development Committee in Nuwakot. One escaped the following day 
and the other was released within 48 hours, but claimed he had been 
beaten during his detention.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture, and the Civil Code 
prohibits acts such as beating and mutilation; however, security forces 
at times used torture and beatings to punish suspects or to extract 
confessions. According to AI, torture methods included rape, boxing of 
the ears, beating of the feet, and the rolling of weights over the 
thighs. AI noted that torture apparently was used to intimidate or 
punish detainees and to extract information and/or confessions, and 
that torture often occurred while detainees were held incommunicado and 
unable to contact family members, doctors, or lawyers (see Section 
1.d.). The Government sometimes failed to conduct thorough and 
independent investigations of reports of security force brutality and 
generally did not take significant disciplinary action against officers 
involved.
    Members of the security forces often were unwilling to investigate 
and to discipline fellow officers, and persons were afraid to bring 
cases against the police or Army for fear of reprisals. The Government 
provides human rights education for the police force, and soldiers 
receive human rights education as part of their regular training.
    The Constitution and the Torture Compensation Act provide for 
compensation for victims of torture. According to the Center for 
Victims of Torture (CVICT), 7 persons filed for compensation under the 
act during the year, compared to 7 claims during 2001. CVICT said that 
one new case was awarded compensation during the year.
    On May 7, security forces arrested Bharat Khadga on suspicion of 
being a Maoist in Chitwan. Khadga, who worked for a local NGO, was 
administered electric shocks while in custody. He was released on May 
9. A complaint was filed with the Royal Nepal Army, which conducted an 
investigation. The Government said that one of the officers involved in 
the incident was forced into early retirement and the other officer was 
barred from taking a staff college entrance examination.
    On May 30, security forces arrested Indra Kumar Acharya and his 19-
year-old daughter Yuvati on suspicion of being a Maoist in Liwang, 
Rolpa. According to INSEC, Yuvati was beaten during interrogation and 
her father stripped, stepped on, hanged upside down, and tortured. Both 
were released on June 2.
    According to INSEC, on June 12, police arrested 16-year-old 
Chetkana Adhikary in Banke District on theft charges. After his 
release, the boy's father filed a complaint with the Alliance for Human 
Rights and Social Justice. The father alleged that the boy was beaten 
while in custody with batons and tire tubes, and tortured with bamboo 
rollers. At year's end, no action has been taken on the complaint.
    According to AI, in April two RNA officers raped two teenaged girls 
at an Army barracks in Nepalganj, Bank District. After the December 19 
publication of the AI report recounting the incident, the girls and 
their families recanted, and denied that the rapes occurred. Human 
rights groups suspected the girls recanted under pressure and further 
investigation of the incident by the RNA was pending at year's end.
    On July 16, a woman was abducted from her teashop by five members 
of the paramilitary APF in Mahottari District. According to CVICT, the 
woman was gangraped and beaten. When the woman brought the case to the 
District Police Office, the office refused to accept her rape complaint 
because the 35-day deadline between the incident and her filing date 
had expired. By year's end, the case was refiled in the district court.
    According to CVICT, on July 22, Krishna Lohani B.K. was arrested in 
Dharan, Sunsari District, and reportedly tortured by police. Upon her 
release, CVICT filed a torture compensation case; however, by year's 
end no action was taken. On October 24, Krishna Lohani's husband, Ram 
Bahadur B.K., was arrested and reportedly tortured by police. He was 
released in December. At year's end, no action was taken against the 
members of the police involved in the case of Ram Bahadur B.K.
    The law prohibits trafficking in persons and prescribes 
imprisonment of up to 20 years for infractions; however, trafficking in 
women and girls remained a serious problem in several of the country's 
poorest areas, and border guards commonly accepted bribes from 
traffickers (see Section 6.f.).
    In May 2001, four persons filed a torture compensation case, 
claiming they were beaten during their detention on criminal charges in 
Jhapa District. In June 2001, five members of a family who had come to 
the Chief District Office in Nepalgunj to obtain citizenship 
certificates were detained for 2 days as suspected Maoists. At least 
two of the five claimed they were beaten while in police custody.
    AI conducted an official visit to the country from September 9 to 
23. As a result of that visit, AI recorded many persons testimony of 
torture by all arms of the security forces. In November 2000, AI 
recommended amendments to the Torture Compensation Act, including 
changes to the Penal Code that would make torture a specific offense 
under criminal law. The Government has taken no action on suggested 
changes to the law. Human rights groups have reported instances of 
torture in areas affected by the ``People's War.''
    Local and international human rights groups also have documented 
Maoist violence in areas affected by the ``People's War,'' including 
the severing of limbs. The Maoists most often have targeted political 
leaders, local elites, teachers, local-level civil servants, and 
suspected informers. These targets included not only members of the 
majority Nepali Congress Party (NCP), but also members of the 
opposition Communist Party of Nepal-United Marxist/Leninist (CPN-UML). 
According to the Government, human rights groups, and the media, 
Maoists conscripted civilians, including children, into service and 
have used abducted civilians as human shields during attacks on army 
and police posts (see Section 5).
    Throughout the year, Maoists looted banks and bombed or set fire to 
government offices and homes of local political leaders. International 
nongovernmental organization (NGO) offices also were attacked on 
several occasions, as were schools, businesses, infrastructure, and 
factories. At year's end, Maoists destroyed approximately one-third of 
the Village Development Committee buildings throughout the country. On 
March 30, Maoists attacked a hydroelectric plant in Jhimruk, Pyuthan 
and left three districts without electricity. On April 23, Maoists 
hijacked three Nepal Red Cross ambulances on the Dhading/Chitwan 
border. On May 17, Maoists detonated a bomb at an INGO-funded orphanage 
and boarding school in Surkhet District (see Section 1.a.). On August 
8, Maoists detonated a bomb at a private business college in Kathmandu.
    There also were cases of intimidation, torture, or other degrading 
treatment. On February 18, five Maoists armed with guns and knives 
attacked a 55-year-old gas station owner in Chitwan District. The armed 
Maoists stabbed him in the back, head, and hands, chopping off one of 
his fingers. His son was shot and killed in the attack. On April 5, 
Maoists abducted journalist Demling Lama from his home in 
Sindhupalchowk district. Lama, who managed to escape after a few days, 
said he was severely tortured while in Maoist custody (see Section 
2.a.). According to INSEC, on June 23, Maoists abducted Ramesh Prasad 
Neupane of Kumari, Nuwakot District and tortured him for 3 days before 
he was allowed to return home.
    According to the press, in September 2001, a Maoist cadre in the 
local ``people's government'' in Nuwakot district raped a 12-year-old 
girl. Government and opposition members of parliament demanded that the 
Maoist leadership take action against the suspect. According to press 
reports, a Maoist ``people's court'' convicted the suspect and decided 
he should be beaten. This sentence reportedly was carried out at the 
end of September 2001.
    Prison conditions were poor. Overcrowding was common in prisons, 
and authorities sometimes handcuff or fetter detainees. According to 
the Department of Prisons, there were 6,877 persons in jail, of which 
approximately 50 percent were awaiting trial. Women normally were 
incarcerated separately from men, but in similar conditions.
    Due to a lack of adequate juvenile detention facilities, children 
sometimes were incarcerated with adults, either with an incarcerated 
parent, or as criminal offenders. In November 2001, the Government 
began transferring children detained in jail to two residential 
facilities that provide education in accord with a provision in the 
1992 Children's Act. By year's end, 28 dependent children of inmates 
and 8 juvenile offenders had moved into the residential facilities and 
begun school. Unlike in previous years, there were no reports of 
children in jail or custody as suspected or convicted criminals; 
however, there were reports of children held under the anti-terrorist 
laws as suspected Maoists (see Section 5). On December 17 the Supreme 
Court ordered the release of 16-year-old Diwakar Adhikari, who had been 
held in prison since December 2001, as a suspected Maoist. He 
subsequently was released by the police.
    According to INSEC, in November 2001, Jit Bahadur Ghatri was 
arrested by the RNA in Dang District. He subsequently died in the 
hospital on November 30, 2001. The cause of his death was unknown.
    In 2000 the Government established separate juvenile benches in 
district courts where youth are tried. As a result, trials of persons 
under the age of 18 now occur in a separate room in the courthouse, 
though there are no separate juvenile courts as such.
    The authorities are more likely to transfer sick prisoners to 
hospitals than they were in the past. However, due to the inadequacy of 
appropriate facilities, the authorities sometimes place mentally ill 
prisoners in jails under inhumane conditions.
    The Government permits local human rights groups and the ICRC to 
visit prisons. During the year, the ICRC conducted 97 visits to 38 
police stations and 59 jails nationwide. The ICRC registered 1,674 new 
detainees in 42 out of the country's 75 districts. According to the 
ICRC, it ``will continue to seek access'' to detainees in army custody.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
stipulates that the authorities must arraign or release a suspect 
within 24 hours of arrest, but the police at times violated this 
provision. Under the law, the police must obtain warrants for an arrest 
unless a person is caught in the act of committing a crime. For many 
offenses, the case must be filed in court within 7 days of arrest. If 
the court upholds the detention, the law authorizes the police to hold 
the suspect for 25 days to complete their investigation, with a 
possible extension of 7 days. However, the police occasionally held 
prisoners longer. The Supreme Court has, in some cases, ordered the 
release of detainees held longer than 24 hours without a court 
appearance. Some foreigners, including refugees, have reported 
difficulty in obtaining bail.
    Detainees have the legal right to receive visits by family members, 
and they are permitted access to lawyers once authorities file charges. 
In practice the police grant access to prisoners on a basis that varies 
from prison to prison; however, Maoist suspects often were denied 
visits from family members and lawyers. There was a system of bail, but 
bonds were too expensive for most citizens. Due to court backlogs, a 
slow appeals process, and poor access to legal representation, pretrial 
detention often exceeded the period to which persons subsequently were 
sentenced after a trial and conviction.
    Under the Public Security Act, the authorities may detain persons 
who allegedly threaten domestic security and tranquility, amicable 
relations with other countries, or relations between citizens of 
different classes or religions. Persons whom the Government detained 
under the Act were considered to be in preventive detention and could 
be held for up to 6 months without being charged with a crime. The 
authorities may extend periods of detention after submitting written 
notices to the Home Ministry. The police must notify the district court 
of the detention within 24 hours, and it may order an additional 6 
months of detention before authorities file official charges. Human 
rights groups allege that the police have used arbitrary arrest and 
detention during the ``People's War'' to intimidate communities 
considered sympathetic to the Maoists.
    Under the state of emergency, which remained in effect from 
November 26, 2001 to August 28, the security forces were allowed to 
detain persons without charge for 90 days, with the possibility of 
another 90-day extension from the Home Ministry. Detainees arrested on 
suspicion of terrorism under the state of emergency are not guaranteed 
the right to counsel or family visits. Under the Terrorism and 
Destructive Activities Act passed by Parliament on April 4, suspects 
must appear before a court within 60 days after their arrest. The 
suspects may be held in preventive detention for up to 90 days; 
however, in practice many suspects were held much longer. According to 
government sources, 6,075 suspected Maoists have been arrested during 
the year. Of that number, authorities plan to file cases against 5,465 
and 610 remain under investigation. At year's end, none of the cases 
have been tried. Figures for the number of persons being detained by 
the Army who are suspected of being Maoist were unavailable by year's 
end. For example, on March 3, Gopal Budhatoki, editor of Sanghu, was 
detained by the RNA because he had published a ``seditious'' article on 
the RNA; Budhatoki was released on March 26.
    Other laws, including the Public Offenses Act, permit arbitrary 
detention. This act and its many amendments cover crimes such as 
disturbing the peace, vandalism, rioting, and fighting. Human rights 
monitors expressed concern that the act vests too much discretionary 
power in the CDO, the highest-ranking civil servant in each of the 
country's 75 districts. The act authorized the CDO to order detentions, 
to issue search warrants, and to specify fines and other punishments 
for misdemeanors without judicial review. Few recent instances of the 
use of the Public Offenses Act have been reported, since it has become 
more common to arrest persons under the Terrorism and Destructive 
Activities Act, particularly Maoists. In 2000 local authorities in 
Biratnagar arrested Laxmi Mudbari, the central member of the Maoist-
affiliated All Nepal Women's Association (Revolutionary), under the 
act; Mudbari remained incarcerated at year's end. Human rights 
commission officials reported several other cases of arrests or 
detentions under the Public Offenses Act, but were unable to provide 
details of the cases.
    Unlike in previous years, there were no reports of police re-
arresting persons on court premises immediately following their release 
by the courts.
    Authorities detained journalists and their advocates on occasion, 
on suspicion of having ties to or sympathy for the Maoists (see Section 
2.a.). According to INSEC, 123 Nepali journalists have been arrested or 
detained under the Terrorist and Destructive Activities Ordinance. At 
year's end, 24 journalists were in government detention and 2 remained 
in Maoist detention.
    There were no reports of political detainees.
    The Constitution prohibits exile and it is not used.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, lower level courts remain vulnerable to 
political pressure, and bribery of judges and court staff is endemic. 
The Supreme Court has the right to review the constitutionality of 
legislation passed by Parliament. In the past it has ruled that 
provisions in the Labor Act and in the Nepal Citizenship Act are 
unconstitutional. The Court also decided that the dissolution of the 
Parliament at the request of a former Prime Minister was 
unconstitutional, and ordered the legislature restored. In September 
2001, the Court found Prime Minister Deuba's decision to freeze land 
sales unconstitutional.
    Appellate and district courts have become increasingly independent, 
although sometimes they remained susceptible to political pressures. In 
Rolpa, one of the districts most affected by the ``People's War,'' 
human rights groups have accused the district courts of acting in 
complicity with CDOs in violating detainees' rights. Human rights 
groups alleged that arrest without a warrant, prolonged detention 
without trial, and police torture occurred in Maoist-affected areas.
    The judicial system consists of three levels: District Courts, 
Appellate Courts, and the Supreme Court. The King appoints judges on 
the recommendation of the Judicial Council, a constitutional body 
chaired by the Chief Justice. The Council also was responsible for the 
assignment of judges, disciplinary action, and other administrative 
matters. Judges decide cases; there was no jury system. In December 
2000, the Government established a Special Court with jurisdiction to 
hear cases related to narcotics trafficking; trafficking in women and 
girls; crimes against the state; and crimes related to foreign 
currency, such as counterfeiting and money laundering.
    Delays in the administration of justice were a severe problem. 
According to the latest statistics, the Supreme Court had a backlog of 
16,654 cases; the appellate courts 11,235; and district courts 31,005. 
Under the state of emergency, the right to constitutional remedy 
(except habeas corpus) was suspended, and the Supreme Court temporarily 
suspended accepting new civil rights cases. By year's end, seventeen 
cases have been filed in Appellate Courts against suspected Maoists 
arrested under special anti-terrorism laws; however, none of these 
cases have been brought to trial.
    The Constitution provides for the right to counsel, equal 
protection under the law, protection from double jeopardy, protection 
from retroactive application of the law, and public trials, except in 
some security and customs cases. All lower court decisions, including 
acquittals, were subject to appeal. The Supreme Court was the court of 
last appeal, but the King may grant pardons. The King also can suspend, 
commute, or remit any sentence. On the recommendation of the 
Government, the King often pardons up to 12 prisoners on national 
holidays, if they have served 75 percent of their sentence and shown 
good behavior.
    Although prisoners have a constitutional right to legal 
representation and a court appointed lawyer, a government lawyer or 
access to private attorneys was provided only on request. Consequently, 
those persons unaware of their rights may be deprived of legal 
representation. Suspects detained under the Terrorism and Destructive 
Activities Act often are denied access to both attorneys and family 
members.
    There have been reports of cases in which authorities allegedly 
penalized attorneys involved in the defense of human rights. According 
to INSEC, seven attorneys were arrested for suspected Maoism since the 
beginning of the state of emergency on November 26, 2001. On March 12, 
Saligram Sapkota, a member of the Nepal Bar Association, was arrested 
in Nepalgunj, Banke District by the security forces. His wife reported 
bruises on Sapkota's face and marks on his leg and thigh. He was 
released on June 14. According to AI, on March 14, Ramnath Mainali, a 
member of the Nepal Bar Association, was arrested in Kathmandu. Mainali 
was the legal advisor for the Maoist affiliated publication Janadesh 
Weekly and had filed a habeas corpus petition for one of the 
publication's editors. Mainali was released on July 10.
    Military courts adjudicate cases concerning military personnel, who 
are immune from prosecution in civilian courts. Military courts do not 
try civilians for crimes involving the military services.
    The authorities may prosecute terrorism or treason cases under the 
Treason Act. Specially constituted tribunals hear these trials in 
closed sessions. No such trials have occurred during the past 6 years.
    In districts where Maoists have gained effective control, the 
insurgents have set up ``people's courts.'' Although these courts 
generally decide civil cases, in 2001 eight policemen who surrendered 
in Dailekh were reportedly found guilty of crimes against the people by 
a hastily constituted ``people's court'' and summarily were executed.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits arbitrary interference with 
privacy, family, home or correspondence; however, under the state of 
emergency, security forces were allowed the right to search homes, 
vehicles, and places of business without a search warrant. Search 
warrants were required before searches and seizures may be carried out, 
except in cases involving suspected security and narcotics violations. 
The law empowers the police to issue warrants for searches and seizures 
in criminal cases upon receipt of information about criminal 
activities. Within 24 hours of their issuance, warrants in misdemeanor 
cases must be approved by the CDO. Court judges must approve them in 
felony cases. Following renewed violence in November 2001 the King 
declared a state of emergency nationwide, in which many constitutional 
rights, including the right to privacy, were suspended. Under the 
Terrorism and Destructive Activities Act, the security forces may 
conduct searches as long as they inform the subject of the search ``in 
advance.'' Since that time travelers have been stopped and subjected to 
vehicle and body searches by security personnel at roadblocks in many 
areas of the country.
    Government provisions permitted discrimination in employment on the 
basis of political opinion; however, such discrimination was not known 
to occur.
    The Government continued to provide food relief through the Nepal 
Food Corporation to needy citizens, including those in areas controlled 
by the Maoists. The Government delivered food rations to District 
Development Offices for distribution.
    Military commanders in some conflict areas prohibited some medical 
items and blockaded food shipments. The Government maintained that such 
incidents occurred at the direction of individual commanders and was 
not a governmental policy.
    Maoist commanders in certain areas also reportedly blockaded food 
and medical supplies and impeded the delivery of health care services 
by interdicting travel by health workers and by confiscating supplies.

Section 2. Respect For Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution specifies that 
all citizens shall have freedom of thought and expression and that the 
Government may not censor any news item or other reading material; 
however, the Government imposed restrictions on these rights. The 
Constitution prohibits speech and writing that would threaten the 
sovereignty and integrity of the Kingdom; disturb the harmonious 
relations among persons of different castes or communities; promote 
sedition, defamation, contempt of court, or crime; or contradict decent 
public behavior or morality.
    In November 2001, King Gyanendra declared a state of national 
emergency which lasted until August 28. According to the Constitution, 
several civil rights, including freedom of expression, may be curtailed 
for the duration of the state of emergency. The Government announced 
that restrictions under the emergency were intended to target the 
Maoists and not the general population; however, journalists and 
editors of several mainstream publications were detained during the 
emergency. Several journalists and editors of Maoist-affiliated 
newspapers also were detained and their newspaper offices closed after 
the emergency was announced. Government authorities also requested the 
press in general not to run stories favorably portraying the Maoists. 
Approximately 100 journalists had been detained for varying amounts of 
time since the beginning of the state of emergency. By year's end, 24 
journalists and 9 other employees of newspapers continued to be 
detained. On March 3, Gopal Budathoki, editor and publisher of the 
Sanghu Weekly was abducted from his home by plainclothes security 
forces. On March 6, former-Prime Minister Deuba defended Budathoki's 
arrest, stating that Budathoki's paper had published articles 
detrimental to the morale of the army. He was released from custody on 
March 26. On March 16, Shyam Shrestha, editor of the monthly 
publication Mulyankan was detained, along with two human rights 
activists, by security forces at Tribhuvan International Airport. He 
was released from detention on March 26. According to the Committee to 
Protect Journalists (CPJ) on November 12, police detained Tikaram Rai, 
editor of the Nepali-language daily Aparanha. He was released on 
November 14. On November 29, Journalists and human rights activists 
filed a petition in court claiming compensation for illegal detention 
and severe torture during the state of emergency. By year's end, there 
had been no further developments in this petition.
    The Press and Publications Act provides for the licensing of 
publications and the granting of credentials to journalists. The act 
also includes penalties for violating these requirements. In addition, 
the act prohibits publication of material that, among other things, 
promotes disrespect toward the King or the royal family; that 
undermines security, peace, order, the dignity of the King, or the 
integrity or sovereignty of the Kingdom; that creates animosity among 
persons of different castes and religions; or that adversely affects 
the good conduct or morality of the public. The act also provides a 
basis for banning foreign publications; however, foreign publications 
were widely available.
    There were hundreds of independent vernacular and English-language 
newspapers available, representing various political points of view. 
The Government ownes ``Gorkhapatra,'' a Nepali-language daily, and 
``The Rising Nepal,'' the largest English-language daily. Editors and 
writers at government newspapers practiced self-censorship and 
generally reflected government policy. Editors and writers at some 
private newspapers practice self-censorship as well. Ruling political 
parties have influenced the editorial policy of the Government 
newspapers to their advantage. Views of human rights groups, the 
statements of the police, and the press releases of Maoist leaders were 
reported in the press prior to the imposition of the state of emergency 
and after its expiration.
    Some journalists and their advocates have suffered human rights 
abuses. In March 2001, the Supreme Court issued a writ of habeas corpus 
releasing Krishna Sen from jail (see Section 1.a.). He was arrested in 
1999 in connection with the publication of an interview with a Maoist 
leader. Sen immediately was rearrested and moved to another jail in 
Mahottari District. Sen told the press that police forced him to sign 
an acknowledgement of his release even though he still was in police 
custody. Following protests from journalists across the country, Sen 
was released March 14, 2001. In May, local newspaper Jana Astha 
reported that Krishna Sen, editor of the daily Janadisha, was re-
arrested and killed in custody. The Government denied the claim. No 
investigation into Krishna's death was initiated by year's end. There 
were no developments in the case of the January 2000 killing of Shambhu 
Prasad Patel.
    The Broadcast Act allows private television and FM radio 
broadcasts, but implementation of the Act has been slow. The Government 
owned one television station, and controlled one radio station that 
broadcasts both AM and FM signals. Radio, primarily short and medium 
waves, reaches the greatest number of persons and has the largest 
influence. Government-owned Radio Nepal broadcasts throughout the 
country through a series of repeater stations. With privatization of a 
number of radio bands, there has been a marked increase in the range of 
programming options available. In January 2001, the Government issued a 
circular to private radio stations in the country reiterating a 
previous but little-enforced ban on the collection and broadcast by 
independent radio stations of news other than that provided by Radio 
Nepal. In July 2001, the Supreme Court annulled the Government's order. 
As a result, privately owned FM stations can broadcast their own 
independently collected news but also must broadcast Radio Nepal news 
at least once daily. The Government does not restrict access to foreign 
radio broadcasts, private cable networks, or to the purchase of 
television satellite dishes. Indian, Chinese, and Pakistani broadcast 
television also was readily available in many parts of the country.
    Two private cable television networks operated in the Kathmandu 
Valley. They mainly provided entertainment programming, but commentary 
critical of government policies occasionally occurred during publicly 
broadcast discussion programs. An additional two private operators were 
granted licenses; however, the two operators have not begun 
broadcasting. Throughout the country, local entrepreneurs also received 
international stations via satellite for viewing in local bars, and 
resold the signal to local residents. Television time on the 
Government-owned television station also was leased to private 
producers. In addition to the state-owned television station, two 
private television stations were licensed to produce and broadcast 
programs. One of those stations broadcasted through leased time slots 
on Television Nepal; the other through a Thai company's satellite.
    During the year the Government expanded to 25 the number of private 
FM broadcasting licenses; 20 were operating. Private stations must 
broadcast the Government station's news program but also were permitted 
to rebroadcast news from abroad. Private radio stations, like print 
media, practiced self-censorship.
    There have been many debates about liberalizing the media and 
privatizing government-owned media. This debate has put pressure, which 
successive governments so far have resisted, to open the airwaves and 
divest government-controlled printing operations. However, private FM 
radio and cable and satellite television have overtaken the 
Government's ability to regulate them.
    The Government licensed 15 companies for Internet and e-mail 
services.
    There were no government efforts to curtail academic freedom during 
the year; however, security forces killed 4 teachers as suspected 
Maoists during the year.
    The Maoists did not tolerate freedom of expression. They tightly 
restricted the print and broadcast media under its control. The Maoists 
killed some of those reporting and publishing on human rights. On April 
5, Maoists abducted Demling Lama, a correspondent for Radio Nepal and 
the Himalaya Times, from his home in Sindhupalchowk District. He 
reportedly was tortured while in custody. He escaped and reported the 
incident to the police and the press (see Section 1.c.). On August 20, 
Maoists killed Nawaraj Sharma, editor of the Karnali Sandesh, in 
Kalikot District. On December 11, Maoists abducted and killed Ambika 
Timilsena, a former reporter for the Maoist-affiliated newspaper 
Janadesh. On April 29, Maoists destroyed the transmitting station of 
the state-owned Radio Nepal in Guaridana, Mahottari District.
    Maoist groups exorted money from private schools and teachers and 
sometimes inflicted punishment on school officials. Threats and 
intimidation from Maoist-affiliated All Nepal National Independent 
Student Union (Revolutionary) (ANNISU-R) succeeded in closing down more 
than 200 private schools, primarily in areas most heavily affected by 
Maoist activities. Two private schools in Kathmandu remain closed, one 
permanently. The ANNISU-R demanded, often violently, the halving of 
tuition, curriculum changes, and the banning of the singing of the 
national anthem. The Maoists have killed 40 teachers since the 
beginning of the insurgency in 1996 and have destroyed 25 school 
buildings. Teachers in Maoist-affected areas reported regular threats 
and extortion demands from the Maoists. The Department of Education 
estimated that 3,000 teachers have been displaced, beaten, or killed by 
Maoists since 1996. On February 23; March 4-5; April 23-27; September 
16; and on October 1-2, Maoists enforced strikes that effectively 
closed down nearly all public and private schools across the nation. On 
December 9-22 the Maoists enforced a strike that closed private schools 
in the Kathmandu Valley. On May 11, Maoists set on fire the Mahendra 
Sanskrit University in Dang District and destroyed the facility. On May 
17, Maoists set off a bomb at an NGO-funded orphanage and private 
school in Surkhet District.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association; however, the 
Government restricted these rights on vague grounds, such as 
undermining the sovereignty and integrity of the State or disturbing 
law and order. Freedom of assembly was one of the civil rights 
suspended under the state of emergency. The Government required that 
organizers apply for permits for public rallies and demonstrations. 
Except for the duration of the state of emergency, large public 
demonstrations were common, and police intervention was rare except in 
cases where crowds became violent or violated the terms of their parade 
permit. Local authorities in Kathmandu halted a number of public 
celebrations by the Tibetan community throughout the year. Police in 
Kathmandu prevented a Tibetan cultural program in honor of the 
thirteenth birthday of the eleventh Panchen Lama on April 28. In 2001 
local authorities in Boudhanath, Kathmandu, halted the performance of a 
traditional dance scheduled to be performed during the 6-day 
celebration of the Tibetan New Year.
    In September 2001, the Kathmandu Chief District Officer imposed a 
1-month ban on all public meetings in anticipation of a massive Maoist 
rally to be held in September 2001. The Government rescinded the ban in 
September 2001, after the Maoists agreed to cancel the march.
    In December 2000, police stopped a procession of Tibetan school 
children, monks, and others on their way to Swyambounath Temple in 
Kathmandu to celebrate the Dalai Lama's fiftieth anniversary of his 
assumption of state responsibility. No injuries were reported.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion and permits the practice of all religions; however, 
proselytizing was prohibited and punishable with fines or imprisonment, 
and members of minority religions occasionally complained of police 
harassment. Some Christian groups were concerned that the ban on 
proselytizing limited the expression of non-Hindu religious belief. The 
Constitution describes the country as a ``Hindu Kingdom,'' although it 
does not establish Hinduism as the state religion.
    The Press and Publications Act prohibits the publication of 
materials that create animosity among persons of different castes or 
religions. On January 31, the Government ordered Muslim religious 
schools to register with the local District Administration Officers. 
The schools had to supply information about their funding sources in 
order to continue operation. Some Muslim leaders criticized the move as 
discriminatory.
    A conviction for conversion or proselytizing can result in fines or 
imprisonment or, in the case of foreigners, expulsion from the country. 
Arrests or detentions for proselytizing were rare, and there have been 
few incidents of punishment or investigation in connection with 
conversion or proselytizing during the last few years. However, the 
Government on occasion investigated reports of proselytizing. 
Nongovernmental groups or individuals were free to file charges of 
proselytizing against individuals or organizations. A 1999 case was 
filed with the Supreme Court against the Adventist Development and 
Relief Agency and the United Missions to Nepal, an umbrella Protestant 
NGO; however, it was dismissed by the Court on August 16.
    Some Christian groups reported that Hindu fundamentalism has 
increased in the past few years. In 1999 the India-based Hindu 
political party Shiv Sena, locally known as Pashupati Sena, opened an 
office in Kathmandu; a few Shiv Sena candidates unsuccessfully ran for 
office in the 1999 general elections.
    Government policy does not support religious extremism, although 
some political figures have made public statements critical of 
Christian missionary activities.
    Some citizens were wary of proselytizing and conversion by 
Christians and, therefore, viewed the presence of Christianity with 
alarm. Two representatives of different Christian organizations also 
have alleged oppression of Christians and destruction of at least two 
churches by Maoist sympathizers.
    The caste system strongly influences society, even though it was 
prohibited by the Constitution. Caste discrimination was widely 
practiced at Hindu temples where, for example, members of the lowest 
castes were not permitted to enter. Otherwise, the Government made an 
effort to protect the rights of the disadvantaged castes.
    In August 2001, the Prime Minister made a speech emphasizing that 
caste-based discrimination, including barring access to temples, is 
illegal. Since then, members of the lower castes have successfully and 
publicly entered many temples, including Pashupatinath, the national 
site most sacred to Hindus.
    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 the Government generally does not restrict 
travel abroad. However, for security reasons, the Government restricted 
travel by foreigners, including Tibetan residents, to some areas near 
the Chinese border. The Government also has imposed restrictions on 
women's travel to the Gulf states to work as domestic servants, in 
response to cases of abuse of such women in the past. These 
restrictions do not apply to women who were traveling to the Gulf 
states for other reasons, nor do they apply to travel to other areas. 
Women's rights groups have protested the ban; however, in September 
2001, the Supreme Court dismissed a case challenging the restriction as 
discriminatory. The Government allowed citizens abroad to return, and 
was not known to revoke citizenship for political reasons.
    The Government has no official refugee policy. However, it does 
provide asylum for refugees and has cooperated with the office of the 
U.N. High Commissioner for Refugees (UNHCR) and other humanitarian 
organizations in assisting refugees from Bhutan and Tibet. The UNHCR 
maintains an office in Kathmandu. Since 1959 the Government has 
accepted as residents approximately 20,000 Tibetan refugees, many of 
whom still reside in the country. Since 1991 it also has provided 
asylum to approximately 101,000 persons who claim Bhutanese 
citizenship. The great majority of these refugees live in UNHCR 
administered camps in the eastern part of the country. An additional 
15,000 refugees reside outside the camps in either the country or 
India. The total represents approximately one-sixth of Bhutan's 
estimated pre-1991 population. Since the flight of the Karmapa Lama 
from Tibet in January 2000, the Government has disallowed UNHCR access 
to the Nepal-China border to monitor the treatment of Tibetan refugees. 
In September 2001, the Government authorized UNHCR to travel to the 
headquarters of a border district, but not the border itself, to 
consult with local officials.
    The People's Republic of China and the Government tightened control 
of movement across their border in 1986, but neither side has 
consistently enforced those restrictions. Police and customs officials 
occasionally harass Tibetan asylum seekers who cross the border from 
China. According to the UNHCR, police conduct in this regard has 
improved since 1999, although border police sometimes extort money from 
Tibetans in exchange for passage. There were reports of the forced 
repatriation of Tibetan asylum seekers during the year; however, poor 
communication with the border has made it difficult to confirm. There 
are credible reports that Tibetan asylum seekers are sometimes handed 
back to Chinese authorities even after crossing the border.
    In March 2001, 18 Tibetans arrested for entering the country from 
India without proper travel documents were released after serving 4 
months in prison. The individuals were turned over to UNHCR, which 
labeled them ``persons of concern'' and returned them to India. In 
August 2001, 10 Tibetans previously resident in India were arrested in 
Kathmandu for failure to possess required travel documents, and were 
convicted of immigration violations. An 11th Tibetan, arrested in June 
2000, also is currently serving a prison term for failure to pay 
immigration fines. On February 19, one of the detainees gave birth in 
jail. The infant remained incarcerated with its mother until she was 
released following payment of her fines by a foreign philanthropist in 
August. By year's end, three of the original Tibetans arrested were 
released; however, on December 13, three more Tibetans who had entered 
Nepal without documents were detained in Kathmandu.
    The UNHCR monitored the condition of Bhutanese refugees and 
provided for their basic needs. The Government accepted the refugee 
presence as temporary on humanitarian grounds. The camps were 
administered by UNHCR; the World Food Program (WFP) provides sustenance 
and the Government made a contribution to the WFP earmarked for the 
refugees. U.N. officials, diplomats and NGO representative visitors to 
the camps had described conditions as generally very good, largely as a 
result of efficient UNHCR administration, conscientious government 
oversight and the refugees taking responsibility for their 
surroundings. However, there were reports by refugee women and children 
that some of the Bhutanese refugee workers at the camps had committed 
sexual assault. The Government responded by providing more police 
protection to the camp and UNHCR began an investigation. The Government 
officially restricted refugee freedom of movement and work, but did not 
strictly enforce its policies. Local authorities have attempted to 
restrict some of the limited economic activity in the camps permitted 
by the central government. Violence sometimes has broken out between 
camp residents and the surrounding local population. The UNHCR and 
other donors and relief organizations have defused tensions through an 
assistance plan for refugee-affected areas aimed at improving 
conditions in communities adjacent to the camps.
    In 1994 the Government and the Government of Bhutan formed a joint 
committee and began bilateral talks to resolve the refugee problem. 
During the tenth round of bilateral talks in December 2000, they agreed 
on preparations for verification at the camps. Verification interviews 
at the first refugee camp commenced in March 2001 and concluded in 
December 2001. No further verification has taken place since then. 
Bilateral negotiations on repatriation issues in November 2001 failed 
to arrive at an agreement, and the matter was deferred to a proposed 
future session of ministerial-level talks. The talks' earlier lack of 
progress frustrated refugees, and some held ``peace marches'' to 
protest their plight.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have the right to change their government peacefully. 
Citizens, through their elected representatives, also have the right to 
amend the Constitution with the exception of certain basic principles 
that they may not change--sovereignty vested in the people, the 
multiparty system, fundamental rights, and the constitutional monarchy.
    The country is a constitutional monarchy with a parliamentary form 
of government. Parliamentary elections are scheduled at least every 5 
years. Midterm elections may be called if the ruling party loses its 
majority, loses a vote of no confidence, or calls for elections. On May 
22, Prime Minister Sher Bahadur Deuba asked King Gyanendra to dissolve 
Parliament and schedule mid-term elections for November 13. On October 
3, the Prime Minister asked the King to delay polls until November 2003 
because of Maoist threats to disrupt the elections with violence. On 
October 4, the King dismissed Deuba's caretaker government for its 
failure to hold elections within the constitutionally mandated period; 
temporarily assumed executive powers; postponed elections indefinitely; 
and invited all mainstream political parties to nominate members of a 
new caretaker government. On October 11, the King appointed Lokendra 
Bahadur Chand as Prime Minister of a caretaker government. By year's 
end, no date had been set for national or local elections.
    Under the Constitution all citizens aged 18 and over may vote. The 
House of Representatives, or lower house, may send legislation directly 
to the King by majority vote. The National Assembly, or upper house, 
may amend or reject lower house legislation, but the lower house can 
overrule its objections. The upper house also may introduce legislation 
and send it to the lower house for consideration.
    The King exercised certain powers with the advice and consent of 
the Council of Ministers and the Prime Minister. The King has exclusive 
authority to enact, amend, and repeal laws relating to succession to 
the throne. The King's income and property are tax-exempt and 
inviolable, and no question may be raised in any court about any act 
performed by the King. The Constitution permits the King, acting on 
advice of the Council of Ministers, to exercise emergency powers in the 
event of war, external aggression, armed revolt, or extreme economic 
depression. In such an emergency, the King, as advised by the civilian 
government, may suspend without judicial review many basic freedoms, 
including the freedoms of expression and assembly, freedom from 
censorship, and freedom from preventive detention. However, he may not 
suspend habeas corpus or the right to form associations. The King's 
declaration of a state of emergency must be approved after 3 months by 
a two-thirds majority of the lower house of the Parliament. If the 
lower house is not in session, the upper house exercises this power. A 
state of emergency may be maintained for up to 3 months without 
legislative approval and for up to 6 months, renewable only once for an 
additional 6 months, if the legislature grants approval.
    The Constitution bars the registration and participation in 
elections of any political party that is based on ``religion, 
community, caste, tribe, or region,'' or that does not operate openly 
and democratically. In the 1999 election, there were sporadic incidents 
of violence that mainly occurred between supporters of rival political 
parties. Maoist efforts to disrupt the 1999 elections by intimidating 
voters and candidates had some effect. The elections generally were 
held throughout the country according to schedule. International 
observers considered the elections to be generally free and fair.
    There were 12 women in the 205 seat legislature, before its 
dissolution, and there were 9 women in the 60-member National Assembly. 
There was one woman in the interim Cabinet appointed by the King in 
October. There were no specific laws that restrict women, indigenous 
people, or minorities from participating in the Government or in 
political parties. Tradition limits the roles of women and some castes 
in the political process. However, the Constitution requires that women 
constitute at least 5 percent of each party's candidates for the House 
of Representatives. The law also requires that at least 20 percent of 
all village and municipal level seats be reserved for female 
candidates. The 1999 elections resulted in an increase from 7 to 12 in 
the number of women in the 205-seat lower house and from 5 to 9 in the 
60-seat upper house.
    No specific laws prevent minorities from voting or restrict them 
from participating in the Government and political parties on the same 
basis as other citizens. Hindus and members of certain castes 
traditionally have held more power than others, but members of other 
religious and social groups have in the past few years gained 
increasing influence in government, including senior leadership 
positions. There were no special provisions to allocate a set number or 
percentage of political party positions or parliamentary seats for any 
minority group. In August 2001, Ramprit Paswan, an opposition Member of 
Parliament and a ``dalit'' (member of the lowest caste), was elected 
Vice Chairman 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 
operated, investigating and publishing their findings on human rights 
cases; however, the Government detained human rights activists 
suspected of Maoist affiliation during the state of emergency. There 
were approximately 10 domestic human rights NGOs. These included the 
Human Rights Organization of Nepal (HURON), INSEC, the International 
Institute for Human Rights, Environment, and Development (INHURED), and 
the Human Rights and Peace Society (HURPES). The Nepal Law Society also 
monitored human rights abuses and a number of NGOs focused on specific 
areas such as torture, child labor, women's rights, or ethnic 
minorities.
    According to INSEC, security forces arrested 16 human rights 
activists during the state of emergency. The Government continued to 
hold 8 at year's end. On March 16, security forces arrested Pramod 
Kafle, a human rights activist involved in Bhutanese refugee affairs; 
Mahesh Maskey, a doctor active in human rights; and Shyam Shrestha, a 
journalist, at Tribhuvan International Airport as they were leaving on 
a flight to India. They were released on March 26. At year's end, Prem 
Bahadur Saud and Tim Kumari Khanal continued to be detained. Bishnu 
Prasad Khanal was released in 2001; however, he was re-arrested in 
January. On June 23, Khanal was released. There were reports that the 
Government and the Maoists limited the activities of human rights 
activists. Maoists also prevented journalists and human rights 
activists who traveled to Rolpa to inspect the area freely on their 
own.
    On July 29, Bishnu Pukar Shrestha, who is a secondary school 
teacher, lawyer, member of a human rights organization, and suspected 
Maoist, reportedly was arrested from his home in Kathmandu. Army and 
police officials maintained that he was not in custody (see Section 
1.b.). On December 16, Shrestha was released. Shrestha previously had 
been arrested by police in July 2000; however, Shrestha never was 
charged with any crime.
    The insurgency has caused a number of NGOs in the midwestern 
districts to reduce their activities substantially. In addition, 
Maoists have killed and abducted NGO workers. On January 16, Maoists 
killed Mukti Nath Adhikari, head of a local chapter of Amnesty 
International in Lamjung District. Hari Narayan Shrestha of Human 
Rights and Peace Society's Ramechhap district office was abducted by 
Maoists on August 18, 2001 and released 3 days later. During the year 
insurgents stole hundreds of metric tons of emergency food supplies 
from INGO programs targeting vulnerable populations. Maoists also have 
targeted aircraft attempting to make humanitarian deliveries of 
foodstuffs to midwestern districts.
    In 2000 the Government formed the NHRC, a government-appointed 
commission with a mandate to investigate human rights violations. The 
Commission included members from all major political parties and 
operated independently; however, resource constraints and insufficient 
manpower restricted the number of cases the commission can bring to 
court. Once the NHRC completes an investigation and makes a 
recommendation, the Government has 3 months to respond. Since its 
establishment, the Commission has received 861 complaints of human 
rights violations, investigated 51, and issued final recommendations in 
5 cases. Some cases involve the disappearance of detainees, illegal 
detention, and arrest of acquitted persons, but many other cases are 
relatively trivial.
    The Government does not refuse visas to international NGO human 
rights monitors, or otherwise restrict their access when they are in 
the country. However, some areas along the country's border with China 
are restricted. An organization monitoring Tibetan refugee flows has 
been denied access to these border areas.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution specifies that the Government shall not 
discriminate against citizens on grounds of race, sex, caste, or 
ideology; however, there still is a de facto caste system. 
Discrimination against lower castes, women, and the disabled remains 
common, especially in rural areas.

    Women.--Violence against women is a serious problem that receives 
limited public attention. On April 11, Parliament passed the Domestic 
Violence Control Bill, which is awaiting royal approval. The bill would 
stipulate penalties for domestic violence, including ordering the 
aggressor to pay hospital costs for the victim, and fining the 
aggressor a minimum of $64 (NRs 5,000). There was a general 
unwillingness among citizens, and particularly among government 
authorities, to recognize violence against women as a problem. In a 
survey conducted by local NGO SAATHI, 42 percent of the respondents 
said that in their experience medical practitioners were uncooperative 
or negligent in cases of violence against women and girls. This 
unwillingness to recognize violence against women and girls as 
unacceptable in daily life was seen not just in the medical profession, 
but among the police and politicians as well.
    Rape and incest also are problems, particularly in rural areas. 
Laws against rape provided for prison sentences of 6 to 10 years for 
the rape of a woman under 14 years of age and 3 to 5 years for the rape 
of a woman over the age of 14. The law prescribes imprisonment for 1 
year or a fine for the rape of a prostitute. As of May 2, the law does 
forbid spousal rape. A survey conducted by SAATHI found that 39 percent 
of rape victims who reported the crime to police were under the age of 
19. Of those victims who reported the crime to the authorities, 25 
percent said the perpetrator was convicted and jailed.
    The dowry tradition is strong, with greater prevalence in the Terai 
region. The killing of brides because of defaults on or inadequacy of 
dowry payments was rare, but did occur. More common was the physical 
abuse of wives by the husband and the husband's family to obtain 
additional dowry or to force the woman to leave to enable the son to 
remarry.
    Folk beliefs about witchcraft, which are especially strong in the 
lowland Terai area on the Indian border, generally target women, 
particularly elderly and/or widowed women. Shamans or other local 
authority figures sometimes publicly beat and physically abuse 
suspected witches as part of an exorcism ceremony. In September 2001, 
two men, including a local village official, were jailed in Simardahi, 
Mahottari District, after failing to post bond for charges relating to 
the August 14 beating of an elderly woman after publicly denouncing her 
as a witch. The two men had been charged under the Public Offense Act. 
In September 2001, police arrested five men in Sirsiya Khalbatol, 
Parsa, for beating and forcefeeding feces to a 60-year-old widow 
suspected of witchcraft. In September 2001, the Supreme Court issued a 
show cause notice to the Government for its failure to enact a law 
specifically to punish perpetrators of violence in witchcraft cases. In 
September 2001, four villagers beat 60-year-old Malechhiya Devi to 
death in Bel Ekdara, Mahottari, on suspicion of witchcraft. The 
victim's widower filed charges against the five suspects, who fled 
after the incident (see Section 1.a.).
    The police department has 18 ``women's cells.'' These cells include 
female officers who received special training in handling victims of 
domestic violence. The police also have sent out directives instructing 
all officers to treat domestic violence as a criminal offense that 
should be prosecuted. However, according to a police official, this 
type of directive was difficult to enforce because of entrenched 
discriminatory attitudes. Even though the police may make an arrest, 
further prosecution often was not pursued by the victim or by the 
Government.
    At least ten NGOs in Kathmandu work on the problem of violence 
against women and on women's issues in general. SAATHI's assistance 
program includes a women's shelter and a suicide intervention center. 
The shelter provided housing, medical attention, counseling, and legal 
advocacy for the victims of violence.
    Trafficking in women remained a serious problem in several of the 
country's poorest areas, and large numbers of women still are forced to 
work against their will as prostitutes in other countries (see Section 
6.f.).
    Although the Constitution provides protections for women, including 
equal pay for equal work, the Government often has not taken 
significant action to implement those provisions, even in many state 
industries. Women face systematic discrimination, particularly in rural 
areas, where religious and cultural tradition, lack of education, and 
ignorance of the law remain severe impediments to their exercise of 
basic rights such as the right to vote or to hold property in their own 
names. Women have benefited from some changes in marriage and 
inheritance laws. On March 14, Parliament passed a bill which allowed 
unmarried, widowed, or divorced women to inherit parental property. The 
Citizenship Law discriminates against foreign spouses of female 
citizens, and denies citizenship to the children of female citizens 
married to foreign spouses, even if those children are born in the 
country. Many other discriminatory laws still remain. According to 
legal experts, there are over 50 laws that discriminate against women. 
For example, the law grants women the right to divorce, but on narrower 
grounds than those applicable to men. The law on property rights also 
favors men in its provisions for inheritance, land tenancy, and the 
division of family property.
    According to the 2001 census, the most recent statistics available, 
the female literacy rate was 43 percent, compared with 65 percent for 
men. Human rights groups reported that girls attend secondary schools 
at a rate half that of boys. There were many NGOs focused on 
integrating women into society and the economy. These NGOs worked in 
the areas of literacy, small business, skills transfer, and prevention 
of trafficking in women and girls. There also were a growing number of 
women's advocacy groups. Most political parties have women's groups.

    Children.--Education is not compulsory. Government policy was to 
provide free primary education for all children between the ages of 6 
and 12 years, but the quality of education was sorely inadequate, many 
families cannot afford school supplies and clothing, and schools do not 
exist in all areas. Schools charge fees for higher education. 
Approximately 60 percent of the children who work also attended school. 
However, approximately 70 to 75 percent of boys who work go to school, 
compared to only 50 to 60 percent of the girls who work. Basic health 
care was provided free to children and adults at government clinics, 
but they were poorly equipped and too few in number to meet the demand. 
Community-based health programs assisted in the prevention of childhood 
diseases and provide primary health care services. Poor or nonexistent 
sanitation in rural areas puts many children at risk from severe and 
fatal illnesses. The Government has made significant progress in 
improving basic community health care services over the past 5 years, 
bringing down the mortality rate of children under age 5 by 23 percent 
since 1996. A Vitamin A supplementation program operated nationwide, 
and immunization outreach has increased from 45 percent in 1996 to 60 
percent this year. The lack of adequate antenatal care and widespread 
malnutrition remained problems.
    Forced prostitution and trafficking in young girls remained serious 
problems (see Section 6.f.).
    Societal attitudes view a female child as a commodity, to be 
bartered off in marriage, or as a burden. Some persons, in fact, 
consider marrying a girl before menarche an honorable, sacred act that 
increases one's chances of a better afterlife. As a result, although 
the law prohibits marriage for girls before the age of 18, child brides 
were common. According to the Ministry of Health, girls' average age of 
marriage was 16 years of age. The age difference in marriage often was 
cited as one cause of domestic violence.
    The Government incarcerated some dependent children with adult 
parent offenders if there were no other adult relatives to care for 
them. In November 2001, the Government began transferring children 
detained in jail to two residential facilities that provide education 
in accord with a provision in the 1992 Children's Act. At year's end, 
28 dependent children of inmates and 8 juvenile offenders had moved 
into the residential facilities and begun school. Unlike in previous 
years, there were no reports of children in jail or custody as 
suspected or convicted criminals, although there were reports of 
children held under anti-terrorism laws as suspected Maoists.
    There have been numerous reports that Maoists recruit teenagers to 
serve as porters, runners, cooks, and armed cadre.

    Persons with Disabilities.--Persons with disabilities face 
widespread societal discrimination. There was discrimination against 
persons with disabilities in employment, education and in the provision 
of other state services. Families often were stigmatized by and ashamed 
of family members with disabilities, who may be hidden away or 
neglected. Economic integration was further hampered by the general 
view that persons with disabilities were unproductive. The mentally 
retarded were associated with the mentally ill. Sometimes mentally ill 
and retarded persons were placed in prisons due to the lack of 
facilities or support. A report authored jointly by UNICEF and the 
National Planning Commission estimated that there are approximately 
400,000 persons with disabilities in country.
    The Government long has been involved in providing for persons with 
disabilities, but limited resources have kept the level of government 
assistance insufficient to meet their needs. The Disabled Persons 
Protection and Welfare Act and additional 1994 rules mandate 
accessibility to buildings, transportation, employment, education, and 
other state services. The Government has begun developing a policy on 
equal access for persons with disabilities to public buildings and 
transportation. However, despite government funding for special 
education programs, the Government does not implement effectively or 
enforce laws regarding persons with disabilities. A number of NGOs 
working with persons with disabilities received significant funding 
from the Government, but persons with physical or mental disabilities 
relied almost exclusively on family members to assist them.

    National/Racial/Ethnic Minorities.--The country has over 75 ethnic 
groups that speak 50 different languages. The Constitution provides 
that each community ``shall have the right to preserve and promote its 
language, script, and culture.'' The Constitution further specifies 
that each community has the right to operate schools up to the primary 
level in its mother tongue.
    In remote areas, school lessons and national radio broadcasts often 
were conducted in the local language. However, in areas with nearby 
municipalities, education at the primary, secondary, and university 
levels was conducted almost exclusively in Nepali, which was 
constitutionally mandated as the official language of the State. On 
November 29, UNESCO reported that 13 indigenous languages were 
endangered and the language of the Kusunda community is nearly extinct.
    Discrimination against lower castes was especially common in the 
rural areas in the western part of the country, even though the 
Government has outlawed the public shunning of ``untouchables,'' and 
makes an effort to protect the rights of the disadvantaged castes. 
Economic, social and educational advancement tended to be a function of 
historical patterns, geographic location, and caste. Better education 
and higher levels of prosperity, especially in the Kathmandu Valley, 
slowly were reducing caste distinctions and increasing opportunities 
for lower socioeconomic groups. Better educated, urban-oriented castes 
(Brahmin, Chhetri, and certain elements of the Newar community 
traditionally dominant in the Kathmandu Valley) continued to dominate 
politics and senior administrative and military positions, and to 
control a disproportionate share of natural resources in their 
territories. Two members of the Cabinet were from ethnic minority 
communities.

Section 6. Worker Rights

    a. The Right of Association.--The Constitution provides for the 
freedom to establish and to join unions and associations. It permitted 
the restriction of unions only in cases of subversion, sedition, or 
similar conditions. Trade unions developed administrative structures to 
organize workers, to bargain collectively, and to conduct worker 
education programs. The three largest trade unions were affiliated with 
political parties.
    Union participation in the formal sector accounted for 
approximately 10 to 12 percent of the formal work force. The Labor Act 
and the Trade Union Act formulated enabling regulations; however, the 
Government has not yet fully implemented these acts. The Trade Union 
Act defines procedures for establishing trade unions, associations, and 
federations. It also protect unions and officials from lawsuits arising 
from actions taken in the discharge of union duties, including 
collective bargaining, and prohibits employers from discriminating 
against trade union members or organizers. There were few reports of 
discrimination against union members.
    The Government does not restrict unions from joining international 
labor bodies. Several trade federations and union organizations 
maintain a variety of international affiliations.

    b. The Right to Organize and Bargain Collectively.--The Labor Act 
provides for collective bargaining, although the organizational 
structures to implement the act's provisions have not been established. 
Collective bargaining agreements cover an estimated 20 percent of wage 
earners in the organized sector, and hotel workers have bargained 
aggressively for additional compensation. However, in general, labor 
remained widely unable to use collective bargaining effectively due to 
inexperience, employer reluctance to bargain, and court injunctions.
    The law permits strikes, except by employees in essential services 
such as water supply, electricity, and telecommunications. The law 
empowers the Government to halt a strike or to suspend a union's 
activities if the union disturbs the peace or if it adversely affected 
the nation's economic interests. Under the Labor Act, 60 percent of a 
union's membership must vote in favor of a strike in a secret ballot 
for the strike to be legal. In March 2001 the Government averted a 
strike threatened by hotel employees by determining that hotel 
employees fall under the Essential Services Act that proscribes 
strikes. Contract employees at a foreign-owned factory in Hetauda 
district struck from August 26 to 28, 2001 after management refused to 
hire them as permanent employees. Strike organizers suspended the 
strike after 3 days. In 2001 there were frequent reports of Maoist-
affiliated agitators disrupting work at garment and carpet factories in 
the Kathmandu Valley. Some factory owners reported receiving demands 
from the Maoists that included tripling wages for unskilled laborers; 
hiring all seasonal or contract employees as permanent labor; and 
firing any foreign workers. In August 2001, Maoist labor organizers 
stopped work at four Kathmandu Valley garment factories for several 
hours, shut off the electricity, and forced employees outside to listen 
to speeches.
    There are 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 Department of Labor 
enforces laws against forced labor in the small formal sector, but 
remains unable to enforce the law outside that sector.
    Historically, a system of bonded agricultural laborers, known as 
the Kamaiyas, existed in areas of the western Terai region. In July 
2000, the Government made bonded labor illegal and released the 
``Kamaiya'' bonded agricultural workers from their debts. Resettlement 
of the Kamaiyas began in January 2001, and distribution of land began 
in March 2001. On February 21, the Kamiya Prohibition Act became law, 
which codified the emancipation of bonded laborers and established 
fines of $194 to $325 (NRs 15,000 to 25,000) for employers engaged in 
Kamaiya labor practices. The Act emancipated those persons who worked 
as Kamaiya laborers; forgave outstanding Kamaiya loans and canceled 
bonds or related contracts; and provided for the return of the 
Kamaiyas' mortgaged or secured property within three months. The Act 
also established ``Freed Kamaiya Rehabilitation and Monitoring 
Committees'' in specific affected districts, and created a new position 
of ``Welfare Officer'' to oversee the administration of the 
Government's Kamaiya relief funds.
    Enforcement of the Act by the Government was haphazard. To date, 
approximately 12,092 (out of a total 52,000 eligible) have been 
provided with up to one-third of an acre of land and 75 cubic feet of 
timber to build houses. The Government has set up temporary camps for 
Kamaiyas still awaiting settlement and has begun arrangements for 
distribution of food under a food-for-work program. A 2001 Rapid 
Assessment conducted by the ILO estimates that 17,000 child laborers 
are working as bonded laborers in the remnants of the Kamaiya system 
(see Section 6.d.).

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Constitution stipulates that children shall not be 
employed in factories, mines, or similar hazardous work and limits 
children between the ages of 14 and 16 years to a 36-hour workweek. The 
law established a minimum age for employment of minors at 16 years in 
industry and 14 years in agriculture and mandated acceptable working 
conditions for children.
    During the year, the ILO estimated that 33,000 children work as 
bonded laborers. In July 2000, the Government passed the Child Labor 
Act, the country's first comprehensive child labor law. The law, 
drafted with the assistance of the ILO, was the first national 
legislation to establish specific penalties for those who unlawfully 
employ children. It repeated the existing prohibition of the employment 
of children under the age of 14 years and renewed the constitutional 
provision that children between the ages of 14 and 16 years may work, 
but no more than 6 hours a day and 6 days a week. The law prohibited 
child labor in tourism, cigarette or carpet factories, mines, or 
laboratories. Employers must maintain records of all 14-to 16-year-old 
laborers. However, because the necessary implementing regulations to 
accompany the law have not yet been passed, implementation was 
difficult. In September 2001, the Supreme Court, acting on a petition 
filed by an NGO, ordered several government ministries to explain the 
lack of progress on implementing regulations for the Child Labor Act. 
The ministries responded to this court order by stating that the 
continued delay is a result of the necessity to rework the Act to have 
it comply with the ILO Convention 182.
    These legal protections notwithstanding, resources devoted to their 
enforcement are limited, and children work in many sectors of the 
economy. NGOs estimated that 2.6 million children--most of them girls--
were economically active. Of that number, 1.7 million children worked 
full time. The agricultural sector accounted for most child laborers--
an estimated 95 percent. Roughly 60 percent of children who work also 
attend school. Approximately 70 to 75 percent of boys who work go to 
school, compared with 50 to 60 percent of girls who work. ILO Rapid 
Assessments published in 2001 estimate that 55,000 child laborers 
worked as domestics in urban areas, 42,000 as porters, 4,000 as rag 
pickers, and 17,000 as bonded laborers. The bonded laborers continued 
to work in the remnants of the Kamaiya system, usually as a condition 
on the employment contract of their parents. Others are economically 
active in a few small-scale and cottage industries, such as brick and 
tile works, quarries, coal mines, match factories and auto repair 
shops. In previous years there were reports that children also were 
economically active in the carpet weaving, pottery, basket weaving, 
sewing, and ironsmithing industries.
    There were reports that the Maoists use children, including girls, 
as soldiers, shields, runners, and messengers.
    The Ministry of Labor's enforcement record was mixed. According to 
the Ministry, during 2001 it conducted several hundred inspections of 
carpet factories in the Kathmandu Valley to ensure that no child labor 
was present; however, this statement later was retracted. Government 
monitoring of other industries and of industries outside the Kathmandu 
Valley was sporadic. The Government also conducted public awareness 
programs to raise public sensitivity to the problem of child labor.
    On May 3, the Supreme Court ruled in favor of Dhiraj K.C., a child 
laborer who was shackled by his employer, Madhusan Munakarmi, to 
prevent him from escape from work. The court ordered Munakarmi to pay a 
fine of $38 (NRs 3,000) and to pay K.C. $961 (NRs 75,000) in 
compensation.
    The private sector has made its own efforts to eradicate child 
labor, especially in the carpet industry. In August 1999 the carpet 
manufacturers association pledged publicly to end child labor in the 
industry by 2005. The Rugmark Foundation certifies carpets made without 
child labor; over half of all carpet factories participate in this or a 
similar certification system. As a result of this initiative, and of 
consumer pressure, Rugmark estimates that children constitute only 2 
percent of the work force in the export-oriented carpet industry. 
However, children's rights activists stated that children remain a part 
of the work force, in the smaller factories and family weaving units. 
During the year, Rugmark investigated 71 complaints and conducted 4,037 
inspections at 458 factories. Rugmark removed 23 children from 
employment, and issued warnings to 33 factories.

    e. Acceptable Conditions of Work.--In April 2000 the Government 
passed legislation that raised the minimum monthly wage for unskilled 
labor to $20 (NRs 1,450). The law also defined monthly minimum wages 
for semi-skilled labor at approximately $21 (NRs 1,500), skilled labor 
at $22 (NRs 1,610), and highly skilled labor at $25 (NRs 1,800). The 
minimum wage for children ages 14 to 16 was set at $16 (NRs 1,144). 
Additional allowances for food and other benefits as provided by the 
act total $7 (NRs 500) per month for adult labor, and $5 (NRs 360) per 
month for children aged 14-16. Wages in the unorganized service sector 
and in agriculture often are as much as 50 percent lower. The Labor Act 
calls for a 48-hour workweek, with 1 day off per week, and limits 
overtime to 20 hours per week.
    Health and safety standards and other benefits such as a provident 
fund and maternity benefits also were established in the act. 
Implementation of the new Labor Act has been slow, as the Government 
has not created the necessary regulatory or administrative structures 
to enforce its provisions. Workers do not have the right to remove 
themselves from dangerous work situations without fear of losing their 
jobs. Although the law authorizes labor officers to order employers to 
rectify unsafe conditions, enforcement of safety standards remains 
minimal.

    f. Trafficking in Persons.--The law prohibits trafficking in 
persons and prescribes imprisonment of up to 20 years for infractions; 
however, trafficking in women and girls remained a serious problem in 
several of the country's poorest areas, and borderguards and 
immigration officials commonly accepted bribes from traffickers. The 
Government protects the rights of victims and does not detain, jail, or 
prosecute them for violations of other laws. Young women were by far 
the most common targets; trafficking of boys was reported in rare 
instances. While the vast majority of trafficking was of women and 
girls for sexual exploitation, women and girls sometimes were 
trafficked for domestic service, manual or semi-skilled bonded labor, 
or other purposes. The country was a primary source country for the 
South Asia region; most women and girls trafficked from the country go 
to India.
    Local NGOs combating trafficking estimated that from 5,000 to 
12,000 Nepali women and girls were lured or abducted annually into 
India and subsequently forced into prostitution; however, these numbers 
were not consistent and NGOs were seeking better estimates. Citizens 
reportedly also have been trafficked to Hong Kong, Saudi Arabia, and 
other countries in the Middle East. In some cases, parents or relatives 
sell women and young girls into sexual slavery. Hundreds of girls and 
women return voluntarily, were rescued, or were repatriated to the 
country annually after having worked as prostitutes in India. Most were 
destitute and, according to some estimates, 50 percent were HIV-
positive when they returned.
    There is legislation to protect women from coercive trafficking, 
including a ban on female domestic labor leaving the country to work in 
Saudi Arabia and other countries in the Gulf; however, enforcement was 
not strict and penalties were modest. Women's rights groups have 
protested the ban as discriminatory. Government officials suspected 
that organized crime groups and ``marriage brokers'' were the primary 
perpetrators of trafficking in the country. The traffickers usually 
were from the country, but have links to brothels in India. NGOs 
reported that approximately 50 percent of the victims were lured to 
India with the promise of good jobs and marriage, 40 percent were sold 
by a family member and 10 percent were kidnaped. These estimates have 
not been verified. NGOs have found that once prevention programs were 
initiated in a district, the traffickers move to other areas.
    A 2001 study by ILO-IPEC found that 30 percent of sex workers in 
Kathmandu are below 18 years of age. Another study by a foreign labor 
department states that 5,000 to 7,000 sex workers were between the ages 
of 10 and 18 years old. Since 1996 active special police units have 
dealt with crimes against women and children.
    Enforcement of antitrafficking statutes remains sporadic, but the 
Ministry of Women, Children and Social Welfare (MOWCSW) has introduced 
legislation to toughen penalties against traffickers. During the year, 
a Documentation and Information Center was established within the 
Ministry to coordinate trafficking initiatives. The Human Trafficking 
Control Act of 1986 prohibited selling persons in the country or abroad 
and provided for penalties of up to 20 years' imprisonment for 
traffickers. However, this legislation does not criminalize the 
separation of minors from their legal guardians with the intent of 
trafficking them. As a result, no crime occurs until the victim and 
perpetrators are outside the jurisdiction. There were many social and 
legal obstacles to successful prosecution, and convictions are rare. 
Border guards commonly accept bribes to allow contraband and trafficked 
girls in or out of the country.
    According to the 2000-2001 annual report of the Attorney General's 
Office, 463 antitrafficking cases have been filed, of which 132 
resulted in convictions and 95 in acquittals, while 236 remain 
undecided. A 2001 survey conducted of 3 jails in the capital by the 
Human Rights and Environment Forum found 180 convicted or alleged 
traffickers in jail. Those convicted were serving sentences of up to 20 
years.
    While the Government lacks both the resources and institutional 
capability to address effectively its trafficking problem, the 
Government has established a National Task Force at MOWCSW with 
personnel assigned to coordinate the response. There were programs in 
place to train the police and the MOWCSW worked closely with local NGOs 
to rehabilitate and otherwise assist victims. However, the Government 
lacked the fiscal means to provide adequate training and resources to 
police, and the courts were overburdened and susceptible to corruption. 
Government welfare agencies generally were incapable of delivering 
effective public outreach programs or assistance to trafficking 
victims. As a result, antitrafficking efforts primarily have been the 
domain of NGOs and bilateral donors. While the Government has 
promulgated a ``National Plan of Action'' to combat trafficking, its 
implementation has been haphazard.
    The Government provided limited funding to NGOs to provide 
assistance to victims with rehabilitation, medical care, and legal 
services. The Ministry of Labor and Social Welfare sponsored job and 
skill training programs in several poor districts known for sending 
prostitutes to India. In May 1999, the Ministry of Women and Social 
Welfare opened the Women's Skill Development and Training Center, a 
rehabilitation and skills training center for women returned from being 
trafficked and for women and girls at risk of being trafficked. The 
Government protected the rights of victims and did not detain, jail, or 
prosecute them for violations of other laws.
    The Government, together with NGOs and international organizations, 
has implemented local, regional and national public awareness campaigns 
about trafficking in persons. Cultural attitudes toward returned 
victims of trafficking were often negative and the Government response 
sometimes reflected that bias. There were more than 40 NGOs combating 
trafficking, several of which have rehabilitation and skills training 
programs for trafficking victims. Two representative NGOs were members 
of the MOWCSW's National Task Force Against Trafficking. With the 
Government's endorsement, many NGOs have public information and 
outreach campaigns in rural areas. These groups commonly use leaflets, 
comic books, films, speaker programs, and skits to convey 
antitrafficking messages and education. Some organizations involved in 
the rehabilitation of trafficking victims state that their members have 
been threatened and that their offices have been vandalized because of 
their activities.
    During the year, the U.N. Development Fund for Women and the Joint 
Initiative against Trafficking (a joint project of the U.N. Task Force 
against Trafficking and the MOWCSW) hosted several workshops to enhance 
cross-border anti-trafficking collaboration. The International Agency 
Coordinating Group, comprised of NGOs, bilateral donor agencies, and 
government agencies, met regularly to share information, plan common 
approaches, and avoid duplication of work.
                               __________

                                PAKISTAN

    Pakistan is a federal republic. From a bloodless coup in October 
1999 to elections in October, Pakistan was governed by a Provisional 
Constitutional Order (PCO), which suspended the constitution and 
parliamentary government. On April 30, President Musharraf held a 
nationwide referendum to extend his presidency for 5 years, although 
critics and legal scholars argued that a president cannot be elected by 
referendum. President Musharraf claimed a 97.5 percent vote in favor of 
the extension; however, many independent observers cited evidence of 
systematic fraud and inflated voting figures. Shortly after the 
referendum, President Musharraf announced a controversial package of 
constitutional amendments, the Legislative Framework Order (LFO), which 
amended the suspended Constitution to allow: the President to dismiss 
the Prime Minister and dissolve the Parliament; the creation of a 
National Security Council (NSC) as a constitutional body; and the 
insertion of a number of qualification requirements for candidates for 
Parliament. One effect of the amendments was to concentrate executive 
power in the presidency at the expense of the legislature and prime 
minister. Opposition politicians, lawyers, civil society groups, and 
many in the international community expressed concern about the 
amendment package and its constitutional legitimacy. Under the auspices 
of the LFO-amended constitution, Pakistan held its first national and 
provincial assembly elections since the October 1999 coup. 
International observers, NGOs, and human rights activists, including 
the European Union election observation mission (EUEOM), alleged 
serious flaws in the national and provincial election framework; 
however, these observers stated that the election day itself was free 
of serious irregularities. There were reports of election day violence 
that killed 7 persons. As a result of the elections, limited power was 
to be transferred to Parliament and the Prime Minister; however, by 
year's end, the assembly had met only twice and had not been permitted 
to debate any issues other than the Prime Minister's vote of 
confidence. On November 20, Mir Zafarullah Khan Jamali was re-elected 
as Prime Minister by the newly elected National Assembly, and in 
December Jamali won a parliamentary vote of confidence, which was 
required under the Constitution. President Musharraf and the military 
continued to dominate the Government led by the Pakistan Muslim League 
(Quaid-e-Azam). Electoral reforms implemented during the year included 
the elimination of separate electorates for religious minorities, the 
restoration of National Assembly seats reserved for women candidates, 
and an increase in the overall number of national assembly seats from 
237 to 342. Corruption and inefficiency remained acute, despite reforms 
initiated by the Musharraf government to reduce corruption; however, 
these reforms have had some effect on officials at higher levels of 
government. The Supreme Court demonstrated a limited degree of 
independence and the overall credibility of the judiciary remained low.
    The police have primary internal security responsibilities, 
although paramilitary forces, such as the Rangers and the Frontier 
Constabulary, provide support in areas where law and order problems are 
acute, such as Karachi and the frontier areas. Provincial governments 
control the police and the paramilitary forces when they are assisting 
in law and order operations. In August despite criticism from human 
rights groups, the Government promulgated the Police Ordinance 2002 
that included an increase in political control of the police. During 
some religious holidays, the regular army was deployed in sensitive 
areas to help maintain public order. Some members of the police 
committed numerous serious human rights abuses.
    Pakistan is a poor country with great extremes in the distribution 
of wealth; its population was approximately 142 million. Cotton, 
textiles and apparel, rice, and leather products are the principal 
exports. The economy included both state-run and private industries and 
financial institutions. The Constitution provides for the right of 
private businesses to operate freely in most sectors of the economy, 
and there continued to be a strong private sector. The per capita 
annual income was approximately $475. During the year, the Government 
pursued several economic reforms designed to alleviate poverty.
    The Government's human rights record remained poor; although there 
were some improvements in a few areas, serious problems remained. 
Citizens participated in national government elections during the year; 
however, many observers alleged serious flaws in the legal framework 
for the election. Unlike in previous years, police committed an 
increased number of extrajudicial killings. There were fewer killings 
between rival political factions and sectarian groups during the year; 
however, there was an increase in violence against Christians. Police 
abused and raped citizens. While the officers responsible for such 
abuses sometimes were transferred or suspended for their actions, no 
officer has been convicted and very few have been arrested. In Karachi 
there were signs of progress in redressing police excesses; however, in 
general police continued to commit serious abuses with impunity. Prison 
conditions remained extremely poor and life threatening, and police 
arbitrarily arrested and detained citizens. During the year, the 
Government undertook a major effort to curb religious extremism. Five 
organizations responsible for sectarian killings were banned by year's 
end, and the Government accelerated a crackdown on members of several 
extremist religious groups. Several major political leaders remained in 
exile abroad at year's end. Case backlogs led to long delays in trials, 
and lengthy pretrial detention was common. The judiciary was subject to 
executive and other outside influences, corruption, inefficiency, and 
lack of resources remained problems. The Government has taken steps to 
control the judiciary and to remove itself from judicial oversight. 
Some aspects of the Government's implementation of its anticorruption 
campaign violated due process. By year's end, two senior Muslim League 
politicians, Javed Hashmi and Mehtab Abassi were released on bail. The 
Government infringed on citizens' privacy rights.
    The press was able to publish relatively freely; however, several 
journalists practiced self-censorship, especially on sensitive issues 
related to the military. Provincial and local governments occasionally 
arrested journalists and closed newspapers critical of the Government 
or allegedly accused of printing offensive material. The broadcast 
media remained a closely controlled government monopoly. Journalists 
were targets of harassment and violence by individuals and groups. On 
January 23, Wall Street Journal journalist Daniel Pearl was abducted by 
terrorists and later killed. During the year, the Government 
sporadically permitted several large antigovernment demonstrations; 
however, it prevented other protests and arrested organizers, including 
for security reasons. The Government imposed some limits on freedom of 
association, religion, and movement. President Musharraf has spoken out 
against some of the human rights abuses of the previous government; 
however, the Government only made minimal progress toward achieving the 
goals set at conferences devoted to human rights themes that were held 
during the year.
    Significant numbers of women were subjected to violence, rape, and 
other forms of abuse by spouses and members of society. The Government 
publicly criticized the practice of ``honor killings'' but such 
killings continued throughout the country; however, the Government 
intervened in two cases of tribal justice and prosecuted the alleged 
perpetrators. Discrimination against women was widespread, and 
traditional social and legal constraints generally kept women in a 
subordinate position in society. Violence against children, as well as 
child abuse and prostitution, remained serious problems. Female 
children still lag far behind males in education, health care, and 
other social indices. Governmental and societal discrimination against 
religious minorities, particularly Christians and Ahmadis, remained a 
problem, and the Government failed to take effective measures to 
counter prevalent public prejudices against religious minorities. 
Religious and ethnic-based rivalries resulted in numerous killings and 
civil disturbances, although the number of sectarian attacks against 
Shi'a professionals declined significantly. Terrorist attacks, 
particularly against Western and Christian targets, increased 
significantly. President Musharraf and several cabinet ministers 
publicly criticized efforts by some clerics to foment hatred and 
announced a plan to deny the use of madrassahs (Islamic religious 
schools) for extremist purposes. The Government and employers continued 
to restrict worker rights significantly. Debt slavery persisted, and 
bonded labor by both adults and children remained a problem. The use of 
child labor remained widespread. On August 28, the Government passed 
the Prevention and Control of Human Trafficking Ordinance; however, 
trafficking in women and children for the purposes of prostitution and 
bonded labor 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.--Police committed 
extrajudicial killings. There were reports that there was an increase 
in extrajudicial killings during the year; exact figures were unknown 
by year's end. The police and security forces were responsible for the 
deaths of a number of individuals associated with political or 
terrorist groups during the year.
    The extrajudicial killing of criminal suspects, often while in 
police custody or in staged encounters was common. Police officials 
generally insisted that these deaths occurred during attempts to escape 
or to resist arrest; however, family members and the press insisted 
that many of these deaths were staged. Police personnel have been known 
to kill suspected criminals to prevent them from implicating police in 
crimes during court proceedings. In May militant Riaz Basra was shot 
and killed while being transferred in police custody in Punjab. In 
August four suspects associated with banned militant group Lashkar-e-
Jhangvi were killed in a police encounter while being transferred in 
Vehari in Southern Punjab. In October Falak Sher died in police custody 
in Lahore (see Section 1.c.). Police also reportedly killed suspected 
criminals to circumvent or overcome insufficient evidence, to 
intimidate witnesses, judicial corruption, and, at times, political 
pressure. Police personnel continued to torture persons in custody 
throughout the country.
    Amnesty International (AI) estimates that at least 100 persons died 
from police torture each year (see Section 1.c.).
    On August 20, one protester was killed and 15 were injured when 
Army Rangers fired into a crowd of farmers in Okara. The farmers were 
protesting the army's demand that they sign leases for their farmland. 
The army blockaded several villages for two weeks and cut off power and 
water to the village in Okara. Several villagers remained hospitalized 
at year's end. The army investigated the incident; however, no one was 
charged in connection with the killing. There were no developments in 
the October 2001 killing of three protesters in Kuchlak or in the 
November 2001 killing of four demonstrators in Dera Ghazi Khan, Punjab.
    During the year, the HRCP reported disturbances at prisons by 
prisoners over their mistreatment by prison staff. In 2001, eleven 
prisoners at Adiala jail in Rawalpindi beat a police officer for not 
allowing their visitors to meet with them. Similar incidents were 
reported in Sahiwal and Faisalabad districts in 2001. There were 
reports that four prisoners died in a riot in a Peshawar jail in 
October 2000; however, prison authorities denied these reports. No 
disciplinary actions were taken or charges filed in connection with the 
incident, and the Government is unlikely to take further action.
    The Muttahida Quami Movement (MQM), an urban Sindh-based political 
party that in the past used violence to further its aims claimed that 
the police specifically targeted its adherents for extrajudicial 
killings. On April 29, one member of MQM was killed in Karachi when an 
unknown person fired on President Musharraf's motorcade and police 
returned fire.
    Police officers occasionally were transferred or briefly suspended 
for involvement in extrajudicial killings. However, rare court-ordered 
inquiries into these killings resulted in few trials and no 
convictions. In general police continued to commit such killings with 
impunity. In September, two policemen were charged with killing a fruit 
vendor in Lahore. The two policemen allegedly pushed him into oil when 
he would not meet their payment demands.
    Police professionalism was low. New officers received 6 months of 
training, and many hires were the result of political patronage rather 
than merit. Salaries and benefits were inadequate. In August 2001, the 
Government introduced a comprehensive package of police reforms. Key 
changes included transferring oversight of district superintendents of 
police (DSP) (a rank roughly equivalent to a lieutenant colonel) from 
federally appointed district commissioners to elected district mayors; 
granting DSPs permission to order the use of live fire on their own 
authority; and the establishment of public safety commissions at the 
district level. Under this system, a police officer who believes that 
the district mayor is abusing his authority over local law enforcement 
will have a place to seek redress. By year's end, the new system had 
not fully been implemented, and many local officials complained that 
the new system had no real control over the police.
    There were high-profile killings during the year. On April 27, 
unknown gunmen killed two MQM leaders, Mustapha Kamal Rizvi and Nishat 
Malik in Karachi. Widespread unsubstantiated speculation surrounded the 
June 24 death of former Federal Minister of Labor and party leader Omar 
Asghar Khan, despite official reports that the death was a suicide. 
Khan resigned from his position in December 2001 to create his own 
political party, the Qaumi Jamhoori Party. Khan planned to contest 
elections in October. At year's end, the investigation into his death 
continued.
    There reportedly was no action taken against the responsible 
militants in the following 2001 cases: The October killing of a police 
officer and 16 worshippers at St. Dominic's Church in Bahawalpur or the 
December killing of Ehtehshamuddin Haider, brother of Interior Minister 
Moinuddin Haider.
    There were numerous bombings during the year. For example, on March 
17, 5 persons were killed, including 2 dependents of a U.S. diplomat, 
and 41 persons were injured, in Islamabad when an unknown individual 
threw 6 grenades into a Protestant church during services (see Section 
2.c.). On May 8, 11 persons were killed when a suspected suicide bomber 
rammed a shuttle bus at the Sheraton hotel in Karachi. On June 14, 12 
persons were killed when a bomb exploded outside the U.S. Consulate in 
Karachi. On November 15, two persons were killed and nine persons were 
injured when a bomb exploded at a bus station in Hyderabad, 
approximately 100 miles from Karachi. No one claimed responsibility for 
any of these acts.
    Sectarian violence and tensions continued to be a serious problem 
throughout the country. Despite the Government's ban on groups involved 
in sectarian killings, violence between rival Sunni and Shi'a Muslim 
groups continued, although the number of Shi'a professionals killed in 
Karachi and elsewhere decreased significantly. In addition, Ahmadis, 
Christians, and other religious minorities often were the targets of 
such violence. During the year, at least 53 cases of sectarian violence 
occurred in the country, most carried out by unidentified gunmen.
    For example, on January 1, the Sunni prayer leader of a suburban 
Usman Ghani Mosque was shot and killed by unknown assailants when he 
returned home in Karachi. On February 4, Jhang Police Inspector 
Mohammad Jamil was killed after conducting several successful 
operations against the Lashkar-e-Jhangvi. The same day, Dr. Fayyaz 
Karim was shot and killed outside a mosque in Karachi. On April 26, 12 
persons were killed and 25 injured when a bomb exploded at a Shi'a 
place of worship in Bhakkar.
    Numerous such killings remain unresolved. On August 14, 2001, 
unidentified motorcycle riders shot and killed Rizwan Shah, an 
activist, in the Harkatuk Ansar. During the year, police made no 
arrests in connection with past sectarian killings.
    Honor killings were a problem. HCRP estimated that more than 200 
women were killed by family members in so-called honor killings; 
however many more women are believed to be affected by this crime. For 
example, HCRP reported that in Pubjab, approximately 280 incidents of 
honor killings were recorded during the year. Of these 280 incidents, 
150 of the women were married and 103 women were single; 17 women were 
harmed by their fathers, 100 women were harmed by their brothers, 86 
women were harmed by their husbands, 11 by their in-laws, 29 by other 
relatives, 12 by sons, and 23 were harmed by unknowns. Mehvish 
Miankhel, a member of an influential political family in Dera Ghazi 
Khan, allegedly was killed by her uncle in April 2001 after her uncle 
accused her of having an affair. A criminal complaint was filed against 
Miankhel's uncle, father, grandfather, two cousins, and two maternal 
uncles on July 7. All were granted pre-arrest bail and were not 
detained. During the year, police made no arrests in connection with 
the 2000 killing of Mumlikat Bibi (see Section 1.f.).
    Tension along the line of control between Pakistan and Indian-held 
Kashmir was high during the year, and there was shelling in several 
sectors. In May at the height of the Indo-Pakistani tensions, villages 
along the border were evacuated. Approximately 194 civilians were 
killed on the Pakistani side of the line of control at year's end, 
according to a government official.

    b. Disappearance.--Unlike in previous years, there were no credible 
reports of disappearances at the hands of the security forces.
    In the intra-Mohajir violence in Karachi, victims sometimes first 
were held and tortured by opposing groups (or, as the Muttahida Quami 
Movement (MQM) - Altaf alleges, by security forces). Bodies of these 
victims, often mutilated, generally were dumped in the street soon 
after the victims were abducted; however, the incidence of such crimes 
decreased greatly during the year.
    In July 2000, retired Major General Anwar Sher and an Afghan aide, 
Abdul Qaher Shariati, disappeared; they were active in organizing 
Afghans to pursue a peace process. There were no new developments in 
the case during the year.
    On January 28, militants kidnaped and killed foreign correspondent 
for the Wall Street Journal Daniel Pearl in Karachi. The militants 
reportedly were part of a group called the National Movement for the 
Restoration of Pakistani Sovereignty; however, police later arrested 
Salman Saquib, Fahad Naseem, Sheik Adil, and prominent Islamic militant 
Sheik Omar Saeed. All four defendants were affiliated with the 
terrorist organization Jaish-e-Mohammed (JEM). In Hyderabad on July 15 
all four defendants were found guilty; Sheik Omar Saeed was sentenced 
to death; the other three defendants were sentenced to life in prison.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution and the Penal Code prohibit torture and 
other cruel, inhuman, or degrading treatment; however, police regularly 
tortured, and otherwise abused persons. Police routinely used force to 
elicit confessions; however, there were fewer reports of torture by 
police during the year. Some human rights groups stated that this 
decrease reflects the influence of army monitoring teams, who 
discourage the use of torture; other observers suggested that the 
frequency of torture remained unchanged, but the media devoted less 
attention to the issue during the year. Human rights observers 
suggested that, because of widespread torture by the police, suspects 
usually confessed to crimes regardless of their actual culpability; the 
courts subsequently threw out many such confessions. According to the 
Society for Human Rights and Prisoners Aid (SHARP), 38 deaths due to 
police torture were reported during the year.
    Police personnel continued to torture persons in custody throughout 
the country. A newspaper reported that there were 80 cases of torture 
in police custody in Lahore.
    Common torture methods included: Beating; burning with cigarettes; 
whipping the soles of the feet; sexual assault; prolonged isolation; 
electric shock; denial of food or sleep; hanging upside down; forced 
spreading of the legs with bar fetters; and public humiliation.
    Human rights organizations and the press have criticized the 
provision of the Anti-Terrorist Act that allows confessions obtained in 
police custody to be used in ``special courts,'' because police torture 
of suspects is common. Police generally did not attempt to use 
confessions to secure convictions under this law.
    There was greater scrutiny by NGOs and the media of police 
behavior, including prison inspections in the Punjab and Sindh. 
However, the Citizens Police Liaison Committee (CPLC) reported that no 
new cases had been filed against police officers during the year. CPLC 
officials believed that police reforms introduced during 2001 
(including increased oversight by elected officials) were responsible 
for fewer abuses. During the year, 60 Punjab police officers reportedly 
were punished for various offenses. Cooperation between the CPLC and 
the police human rights complaint unit resulted in the dismissal of 216 
policemen and the demotion of or fines for 1,226 others between 
November 1998 and July 1999.
    The Hudood Ordinances, which aimed to make the Penal Code more 
Islamic, provide for harsh punishments for violations of Shari'a 
(Islamic law), including death by stoning for unlawful sexual relations 
and amputation for other crimes. These so-called Hadd punishments 
require a high standard of evidence. For example, four adult Muslim men 
of good character must witness an act for a Hadd punishment to apply. 
In over 20 years since the Hudood Ordinances were adopted, not a single 
Hadd punishment has been carried out. However, on the basis of lesser 
evidence, ordinary punishments such as jail terms or fines were 
imposed. In April a court convicted Zaafran Bibi of adultery and 
sentenced her to death by stoning. Bibi initially accused her brother-
in-law of rape in March 2001, claiming the incident took place 2 weeks 
prior to her filing the charge. A medical exam at the time determined 
that she was pregnant, and her husband claimed paternity for the child. 
On June 6, the Federal Shariat Court acquitted Zafran Bibi of adultery 
and ordered her release. The Hudood Ordinances were applied to Muslims 
and non-Muslims alike.
    Special women's police stations have been established in response 
to growing numbers of complaints of custodial abuse of women, including 
rape. These stations were staffed by female personnel, but receive even 
fewer material and human resources than regular police stations. 
Efforts to raise funds for the stations during the year achieved 
minimal results. According to the Government's Commission of Inquiry 
for Women, the stations did not function independently or fulfill their 
purpose. Despite court orders and regulations that only female officers 
may interrogate female suspects, women continued to be detained 
overnight at regular police stations and abused by male officers. A 
Lahore newspaper alleged that of 80 confirmed cases in Lahore of police 
abuse, 3 were against women. Instances of abuse of women in prisons are 
less frequent than in police stations. Sexual abuse of child detainees 
by police or guards reportedly also is a problem.
    Police used excessive force against demonstrators during the year 
(see Section 2.b.).
    Police at times also beat journalists. In April journalists were 
beaten as they staged a walk-out on a pro-referendum rally in the 
Punjab. Six journalists were injured (see Section 2.a.).
    Impunity remained a problem. Despite some cases during the year in 
which police officers were investigated or charged in connection with 
abuse of detainees, the failure of the Government to prosecute and to 
punish abusers effectively was widely considered a great obstacle to 
ending or reducing police abuse. The authorities sometimes transferred, 
suspended, or arrested offending officers, but seldom prosecuted or 
punished them; investigating officers generally shield their 
colleagues. However, in May 2001, the Supreme Court upheld the Lahore 
High Court's January 2001 conviction of two government doctors for 
submitting false statements regarding police torture of prisoner Nadeem 
Iqbal.
    Police corruption was widespread. Police and prison officials 
frequently used the threat of abuse to extort money from prisoners and 
their families. Police accepted money for registering cases on false 
charges and tortured innocent citizens. Persons paid the police to 
humiliate their opponents and to avenge their personal grievances. 
District police authorities in Gujranwala in Northern Punjab dismissed 
60 policemen for corruption. At least eight police officials in Punjab 
were convicted for corruption and fined or imprisoned. Police 
corruption was most serious at the level of the Station House Officer 
(SHO), the official who runs each precinct. Some SHOs widely were 
believed to operate arrest-for-ransom operations and to have 
established unsanctioned police stations to collect illicit revenue. An 
August 2000 news report listed seven such stations in Karachi. SHOs 
were powerful; although no such incidents were reported during the 
year, some were believed to have killed superior officers who tried to 
stop corrupt practices in the past. Senior government officials have 
confirmed that police stations, and assignments therein, were sold to 
interested parties who then proceed to recoup their investment though 
illicit activities.
    During the year, the Government took some steps to reduce police 
corruption and transferred several senior police officers to other 
provinces to circumvent their local ties. In Gujranwala, in northern 
Punjab, district police authorities dismissed 60 policemen and 15 
others were retired compulsorily on the charges of corruption and 
inefficiency in the first six months of the year. In Lahore, six police 
officials were convicted of taking bribes and sentenced to two years of 
imprisonment and fined. In August 2001, the Government implemented 
reforms at the local level that included taking responsibility for the 
police away from the nonelected District Commissioners while granting 
oversight authority over the police to the newly elected district 
nazims (mayors) and newly organized Public Safety Commissions (that are 
composed of elected and nonelected members). The impact of this reform 
remained unclear at year's end, although some critics claimed that the 
reforms will make it easier for politicians to order the police to 
intimidate and harass their political opponents. Senior government 
officials predicted that it will take several years of sustained 
political and financial commitment before positive gains are achieved. 
At year's end, the Public Safety Commission had not been established 
due to financial constraints. Actions taken to redress police abuses 
often have mixed results. In urban Sindh, the CPLC committees helped to 
curb some excesses, but complaints of large-scale police abuses 
persisted.
    Police failed in some instances to protect members of religious 
minorities--particularly Christians and Ahmadis--from societal attacks 
(see Section 5).
    Prison conditions were extremely poor and life threatening. 
Overcrowding was widespread. According to the HRCP, SHARP, and 
International Human Rights Monitor (IHRM), there were 80,000 prisoners 
in jails that were built to hold a maximum of 35,833 persons. In Adiala 
Jail in Rawalpindi had prison population of 5,521 in a space designed 
for 1,800. The HCRP claimed that in a Punjab jail, built to house 
17,637 prisoners, contained 56,599. An IHRM report claimed 24 prisoners 
died in Adiala Jail during the year due to improper health care, poor 
hygienic conditions and rotten food. IHRM estimated 1,700-2,500 deaths 
per year due to poor conditions nationwide. Some 80 percent of 
prisoners were awaiting trial, mostly for petty offenses.
    There are three classes (A, B, and C) of prison facilities. Class 
``C'' cells generally hold common criminals and those in pretrial 
detention. Such cells often have dirt floors and no furnishings. 
Prisoners in these cells reportedly suffered the most abuse, including 
beatings and forced kneeling for long periods of time. Unsanitary 
conditions were common in small, poorly ventilated, and decrepit 
colonial-era prisons, which mainly were considered class ``C.'' 
Inadequate food led to chronic malnutrition for those unable to 
supplement their diet with help from family or friends. Access to 
medical care was a problem. Mentally ill prisoners normally lacked 
adequate care and were not segregated from the general prison 
population (see Section 5). Foreign prisoners, mostly citizens of 
African countries often remained in prison long after their sentences 
were completed because there was no one to pay for their deportation to 
their home country. Government officials claimed that years of 
inadequate budgets were the reason for poor prison conditions. ``B'' 
cells often were used for prisoners with a university education or who 
benefit from political connections. Conditions in ``A'' and ``B'' cells 
were markedly better; prisoners in these cells are permitted to have 
servants, special food, and satellite television. Authorities reserved 
``A'' cells for prominent persons, including political leaders. 
Especially prominent individuals--including some political figures--
sometimes were held under house arrest and permitted to receive 
visitors.
    Shackling of prisoners was routine. The shackles used were tight, 
heavy, and painful, and reportedly have led to gangrene and amputation 
in several cases. No cases concerning the fettering of minors were 
reported in the press during the year.
    There were reports of prison riots. On November 14, a riot broke 
out in Sahiwal district jail and one policeman and 20 prisoners were 
injured. One prisoner later died. The prisoners were allegedly sent to 
District Jail Kasur where two of them were killed because of severe 
police torture. No action was taken and no details were provided after 
the incident.
    Female detainees and prisoners were held separately from male 
detainees and prisoners. According to the Progressive Women's 
Association, there were approximately 2,765 women in jail nationwide at 
year's end. Pretrial detainees often are not segregated from convicted 
criminals.
    There are few facilities for convicted prisoners under 21 years of 
age, and children frequently were incarcerated along with the general 
prison population. Punjab has two jails for juvenile offenders, and 
Karachi has an industrial school for juvenile offenders. Children 
offenders often were kept in separate barracks in adult prisons; 
however, to keep the children separated, most of the time they were 
confined to their barracks. There were few educational and recreational 
facilities available for youth offenders. Many children in prison were 
born to female inmates who were sexually abused by prison guards. 
Punjab and Sindh provinces have laws mandating special judicial 
procedures for child offenders; however, in practice children and 
adults essentially are treated equally. According to a local NGO, an 
estimated 4,992 children were held in the nation's prisons at the end 
of 2001, compared with 4,200 in 2000. Imprisoned children often spent 
long periods of time in prison awaiting trial or a hearing before a 
magistrate, often in violation of the law. Children were subject to the 
same delays and inefficiencies in the justice system as were adults 
(see Sections 1.d. and 1.e.). Human Rights Watch (HRW) reported that 
children frequently were beaten and even tortured while in detention; 
usually this was done to extract confessions, but it was done also to 
punish or intimidate child detainees or to extort payment from their 
families for their release. Sexual abuse of child detainees by police 
or guards reportedly was a problem.
    Courts also may order that children be sent to reform schools or 
various types of residential facilities, many designed to provide 
vocational or other training. There were two facilities--one in Karachi 
and one in Bahawalpur--that serve as reform schools for juvenile 
offenders. Juvenile offenders and, in some cases, homeless and 
destitute children, may be sent to these residential facilities, for 
terms not to exceed the amount of time until they reach majority. 
Conditions in these institutions reportedly were poor, similar to those 
found in jails. Abuse and torture of the children in such institutions 
was a problem; one study found that 17.4 percent of the inmates of the 
Youthful Offenders Industrial School in Karachi had been tortured or 
otherwise mistreated. Educational facilities in these institutions 
often were inadequate. Extortion on the part of the staff at such 
institutions reportedly was widespread; parents of inmates often were 
required to pay lower level staff members to visit their children or 
bring them food. Drug trafficking by guards and other staff also was a 
problem; some children reportedly developed drug habits while in these 
institutions and were supplied drugs by their guards.
    Landlords in Sindh and political factions in Karachi operated 
private jails (see Section 1.d.).
    The Government permits visits to prisoners and detainees by human 
rights monitors, family members, and lawyers with some restrictions 
(see Section 1.d.).

    d. Arbitrary Arrest, Detention, or Exile.--The law prohibits 
arbitrary arrest and detention; however, the authorities did not always 
comply with the law, and police arbitrarily arrested and detained 
citizens. The law permits the District Coordinating Officer (DCO) of a 
local district to order detention without charge for 30 days of persons 
suspected of threatening public order and safety. The DCO may renew 
detention in 30-day increments, up to a total of 90 days. Human rights 
monitors report instances in which prisoners jailed under the 
Maintenance of Public Order Act have been imprisoned for up to 6 months 
without charge. For other criminal offenses, police may hold a suspect 
for 24 hours without charge. After a prisoner appears before a 
magistrate, the court may grant permission for continued detention for 
a maximum period of 14 days if the police provide material proof that 
this is necessary for an investigation. The Musharraf government 
created the National Accountability Bureau (NAB) and special 
accountability courts to try corruption cases; the National 
Accountability Ordinance (NAO) initially permitted those suspected of 
corrupt practices to be detained for 90 days without charge (see 
Section 1.e.). In April 2001, the Supreme Court modified several 
provisions of the NAB ordinance. It reduced the NAB's freedom to hold 
suspects without charge from 90 days to 15 days, renewable with 
judicial concurrence. The maximum period of disqualification from 
political office pursuant to a corruption conviction was reduced from 
21 years to 10 years, and the court required that future appointments 
of key NAB officials receive the Chief Justice's concurrence. In 
January the Government detained more than 2,000 members of banned 
extremist and jihad groups. At year's end, all were released on bail 
after the charges were filed. In addition to the arrests, police closed 
and sealed offices of the five newly banned groups.
    Police may arrest individuals on the basis of a First Incident 
Report (FIR) filed by a complainant and have been known to file FIR's 
without supporting evidence. FIR's frequently were used to harass or 
intimidate individuals. Charges against an individual also may be based 
on a ``blind'' FIR, which lists the perpetrators as ``person or persons 
unknown.'' If the case is not solved, the FIR is placed in the inactive 
file. When needed, a FIR is reactivated and taken to a magistrate by 
the police; the police then name a suspect and ask that the suspect be 
remanded for 14 days while they investigate further. After 14 days, if 
the case is dropped for lack of evidence, another FIR is activated and 
brought against the accused. In this manner, rolling charges can be 
used to hold a suspect in custody continuously.
    If the police can provide material proof that detention (physical 
remand or police custody for the purpose of interrogation) is necessary 
for an investigation, a court may extend detention for a total of 14 
days. However, such proof may be little more than unsubstantiated 
assertions by the police. In practice the authorities do not observe 
fully the limits on detention. Police are not required to notify anyone 
when an arrest is made and often hold detainees without charge until a 
court challenges them. The police sometimes detained individuals 
arbitrarily without charge or on false charges to extort payment for 
their release. Human rights monitors reported that a number of police 
stations have secret detention cells in which individuals are kept 
while police bargain for their release. There also were reports that 
the police move prisoners from one police station to another if they 
suspect a surprise visit by higher authorities. Some women continued to 
be detained arbitrarily and sexually abused (see Sections 1.c. and 5). 
Police also detained relatives of wanted criminals in order to compel 
suspects to surrender (see Section 1.f.).
    The Federally Administered Tribal Areas (FATA) have a separate 
legal system, the Frontier Crimes Regulation (FCR), which recognizes 
the doctrine of collective responsibility. Authorities are empowered to 
detain fellow members of a fugitive's tribe, or to blockade a 
fugitive's village, pending his surrender or punishment by his own 
tribe in accordance with local tradition. On June 22, a woman in 
Meerwala, Punjab, was gang-raped on the orders of a council of tribal 
elders as punishment for her brother's alleged affair with a woman of a 
higher tribe. Authorities alleged that the tribal jury threatened to 
have all women in the family raped unless the girl submitted to the 
punishment. Government authorities were notified a few days after the 
incident and the Punjab police arrested eight suspects, including the 
alleged rapists and some individuals who pressed the tribal council to 
issue the verdict. On August 31, an Anti-terrorist Court ruled that 
four rapists and two jurors should receive the death penalty. The court 
awarded life imprisonment and a fine to each of the other four 
defendants. At year's end, the cases were appealed with the Appellate 
Tribunal. At year's end, President Musharraf sent the girl $8,300 (PKR 
500,000) as compensation (see Section 5).
    The police also have been known to detain persons as a result of 
personal vendettas.
    The law stipulates that detainees must be brought to trial within 
30 days of their arrest. However, in many cases, trials do not start 
until 6 months after the filing of charges. During the year the HRCP 
estimated that there were almost as many individuals awaiting trial in 
jail as there were prisoners serving sentences. The HRCP reported that 
in Punjab 35,260 males were awaiting trial, while only 11,068 males had 
been convicted. In 1999 in 62 city courts, 7,000 prisoners were 
awaiting trial in 6,000 cases; in 3,500 of these cases, the police had 
not even brought a ``challan,'' or indictment, to the court.
    Persons in jail awaiting trial sometimes were held for periods 
longer than the sentence that they would have received if convicted. 
Court officials reported that each judge reviews between 70 and 80 
cases per day, but that action was taken on only 3 or 4 each week. 
According to the Pakistan Law Commission, there were 10,515 cases 
pending in the Supreme Court as of September 30, 2001. Clogged lower 
courts exacerbate the situation; the majority of cases in the High 
Courts consist of appeals of lower court rulings. Once an appeal 
reaches the High Court, there are further opportunities for delay 
because decisions of individual judges frequently are referred to 
panels composed of two or three judges. There continued to be charges 
that magistrates and police, under pressure from provincial and federal 
officials to achieve high conviction rates, persuaded detainees to 
plead guilty without informing them of the consequences. Senior 
government officials acknowledged during the year that this was a 
problem. Politically powerful persons also attempted to influence 
magistrates in their decisionmaking, sometimes threatening to transfer 
magistrates to other assignments.
    Asif Zardari, husband of former Prime Minister Benazir Bhutto, has 
waited for more than 5 years for the start of his trial on charges of 
killing his brother-in-law, Murtaza Bhutto in 1997. In April 1999, 
Zardari was tried and convicted separately on corruption charges. In 
December 2001 Zardari received bail but was not released; the NAB 
ordered his continued detention on suspicion of corruption.
    The Government permitted visits to prisoners and detainees by human 
rights monitors, family members, and lawyers (see Section 1.c.), with 
some restrictions. In some cases, authorities refuse family visits and, 
in some police stations, persons must to pay bribes to see a prisoner. 
Foreign diplomats may meet with prisoners when they appear in court but 
generally are refused permission for prison visits. Local human rights 
activists reported few restrictions to their access to prisons, even 
though the Government continued to deny prison visits by the ICRC.
    The Government justified the creation of antiterrorist courts by 
citing the large number of murder and other cases that are clogging the 
regular court system (see Section 1.e.). The antiterrorist courts 
reportedly sentenced 39 persons to death during the year.
    The Government sometimes used preventive detention, mass arrests, 
and excessive force to quell protests or civil unrest and to prevent 
political meetings. On a number of occasions, police arrested persons 
prior to demonstrations under the Criminal Procedures Code ban (see 
Section 2.b.). These arrests were carried out under Section 16 of the 
Maintenance of Public Order Act, which prohibits speech that ``causes 
or is likely to cause alarm to the public.''
    Despite governmental claims that NAB cases would be pursued 
independent of an individual's political affiliation, NAB had 
selectively targeted certain persons in the anti-corruption campaign 
(see Section 1.e.). As of the end of October, the NAB filed 507 cases, 
with 287 convictions, 39 acquittals, 6 case withdrawal and 220 cases in 
progress. Senior opposition figures charged that NAB threats were used 
to pressure politicians to join the PML-Q, run as independents, or vote 
for Prime Minister Jamali in the vote of confidence during the year. 
For example, according to HRW, Aftab Sherpao, an influential PPP leader 
and former chief minister from the North-West Frontier Province (NWFP) 
returned this year from London to face corruption charges. He 
subsequently was acquitted after his faction of the PPP pledged its 
support for Musharraf in the referendum on his presidency. At year's 
end, Sherpao was elected to the National Assembly and became Minister 
for Water and Power.
    During the year, few journalists reportedly were arrested, 
according to the NGO Journalists for Democracy and Human Rights. The 
police charged journalists at a referendum rally in April. In September 
several journalists attempting to travel into Afghanistan reportedly 
were detained.
    Following the 1999 coup, the Musharraf government detained without 
warrants and without charges several dozen political figures, military 
officers, and government administrators. At year's end, most of them 
had been released. By year's end, two senior Muslim League politicians, 
Javed Hashmi and Mehtab Abassi were released on bail.
    In December 2000, the Government commuted former Prime Minister 
Nawaz Sharif's prison sentence, confiscated assets belonging to the 
Sharif family, and exiled him and 18 of his family members to Saudi 
Arabia for 10 years. During the year, Saifur Rehman and Saeed Mehdi 
Sharif were acquitted of maintenance of public order charges. Sharif 
also had to agree to withdraw from politics while in exile. Some 
observers claimed that the Government exiled Sharif both to remove him 
from politics and to reduce the power and influence of the opposition.
    Many persons apprehended by the NAB (see Section 1.e.) remained in 
detention past the ordinance's stipulated 90 days detention without 
charge. During the year, Mian Manzoor Watoo, Sattar, and Dr. Farooq 
Sattar were released from custody; however, Sattar's 2000 conviction on 
widely disputed corruption charges continued at year's end.
    Hundreds of MQM activists have been arrested since November and 
remained in custody at year's end; some of these activists were being 
held without charge. According to MQM officials, police have arrested 
more than 700 MQM officials during the past 3 years. In April a 
Hyderabad MQM organizer was charged with inciting people to violence 
during a strike and on April 19, the Government arrested MQM Senator 
Aftab Shaikh.
    Women were charged under the Hudood Ordinances for sexual 
misconduct, such as adultery. A Hudood law meant to deter false 
accusations is enforced weakly, and one human rights monitor claimed 
that 80 percent of adultery-related Hudood cases were filed without 
supporting evidence. In 1998 approximately one-third of the women in 
jails in Lahore, Peshawar, and Mardan were awaiting trial for adultery; 
that percentage likely remains accurate. Most women tried under the 
ordinance were acquitted, but the stigma of an adultery charge alone is 
severe. Men accused of rape sometimes were acquitted and released, 
while their victims were held for adultery or fornication. The 
Commission of Inquiry for Women recommended that the Hudood laws be 
repealed, saying they are based on an erroneous interpretation of 
Shari'a (see Section 5).
    Private jails exist in tribal and feudal areas. Human rights groups 
alleged that as many as 50 private jails, housing some 4,500 bonded 
laborers, were being maintained by landlords in lower Sindh (see 
Section 6.c.). Some prisoners reportedly have been held for many years. 
In the five districts of upper Sindh, landlords defied the courts and 
police by holding tribal jirgas, which settle feuds, award fines, and 
even sentenced persons to the death penalty in defiance of provincial 
laws.
    AI reported that both citizens and non citizens were arbitrarily 
arrested on suspicion of being al-Qa'ida or Taliban fighters, and some 
of these persons were deported to their home countries. However, the 
exact number of those detained, arrested or deported was unknown by 
year's end.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice, the judiciary remained 
subject to executive branch and other outside influences, and despite 
the Musharraf government's pledge to respect the independence of the 
judicial system, the Government took steps to control the judiciary and 
to remove the Government from judicial oversight. On August 22, the 
Legal Framework Order (LFO) amended the Constitution and the PCO to 
allow: The empowerment of the President to dismiss the Prime Minister 
and dissolve the Parliament; formalized the role of the army in 
governance by the creation of a National Security Council (NSC) as a 
constitutional body; and the insertion of a number of qualification 
requirements for candidates for Parliament. The PCO issued in October 
1999, provided that all courts functioning at the time of the coup 
would continue to operate, but that no court would have the power to 
issue orders against President Musharraf or any person exercising 
powers or jurisdiction under his authority. President Musharraf further 
undermined the independence of the judiciary when he ordered all 
Supreme Court, Shari'at court, and provincial High Court justices to 
take an oath to uphold the PCO that brought the military into power. 
Low salaries, inadequate resources, heavy workloads, corruption, and 
intimidation by political and religious pressure groups contributed to 
judicial inefficiency, particularly in the lower courts. Six Supreme 
Court justices, including the Chief Justice, and nine provincial High 
Court justices resigned in protest; however, 85 percent of the affected 
justices agreed to swear allegiance to the PCO. As a result of this 
decree, government directives and ordinances under the PCO no longer 
were subject to judicial review, including the LFO which brought about 
fundamental changes to the Constitution. Some government officials 
claimed that President Musharraf issued this decree due to concerns 
that judges were being bribed to rule against the Government in the 
court challenges to the military takeover. Many persons criticized this 
requirement, stating that it effectively ended the role of the 
judiciary as an independent body. In June the Supreme Court ruled that 
the October referendum was constitutional and further cast doubt on the 
independence of the judiciary from the military government (see Section 
3).
    The judicial process continued to be impeded by bureaucratic 
infighting, inactivity, and the overlapping jurisdictions of the 
different court systems. Heavy backlogs that severely delayed the 
application of justice remained, due to scores of unfilled judgeships 
and to archaic and inefficient court procedures. The politicized 
appointment process held up the promotion of many lower court judges to 
the High Courts. Although the higher level judiciary was considered 
competent and generally honest, there were widespread reports of 
corruption among lower level magistrates and minor court functionaries. 
In 2000 the Supreme Court ruled that it was legal for the Musharraf 
government to amend the Constitution as long as the amendments did not 
change the basic character of the Constitution, and reserved the right 
to review the military's performance, the continued necessity of the 
Emergency Proclamation, and the PCO. Many observers criticized the 
Supreme Court decision as vague and contradictory. The Government 
respected this ruling during the year. In April 2001, the Supreme Court 
also modified several provisions of the NAB ordinance, and the 
Government respected the amended provisions during the year. Despite 
these decisions, the overall credibility of the judiciary remained low.
    The judicial system involves several court systems with overlapping 
and sometimes competing jurisdictions. There were civil and criminal 
systems with special courts for banking, antinarcotics, and 
antiterrorist cases, as well as the federal Shariat court for certain 
Hudood offenses. The appeals process in the civil system was: Civil 
court, district court, High Court, and the Supreme Court. In the 
criminal system, the progression was magistrate, sessions court, High 
Court, and the Supreme Court.
    The civil judicial system provided for an open trial, the 
presumption of innocence, cross-examination by an attorney, and appeal 
of sentences. Attorneys were appointed for indigents only in capital 
cases. There were no jury trials. Due to the limited number of judges, 
the heavy backlog of cases, lengthy court procedures, and political 
pressures, cases routinely take years, and defendants must make 
frequent court appearances. Cases start over when an attorney changes. 
Under both the Hudood and standard criminal codes, there were bailable 
and nonbailable offenses. According to the Criminal Procedures Code, 
the accused in bailable offenses must be granted bail, and those 
charged with nonbailable offenses should be granted bail if the alleged 
crime carries a sentence of less than 10 years. Many accused, 
especially well-connected persons who are made aware of impending 
warrants against them, were able to obtain prearrest bail, and thus 
were spared arrest and incarceration.
    Double jeopardy applies to those convicted of possessing narcotics 
because of a federal Shariat court ruling that customs and narcotics 
cases be initiated separately. During 2001 the Lahore High Court 
ordered the release of eight prisoners, including five foreign 
nationals, who had served their sentences under the Customs Act and 
were awaiting trial for a narcotics charge arising out of the same 
incident. The court noted that the law did not allow punishment twice 
for the same offense.
    The judiciary argued that it failed to try and convict terrorist 
suspects in a timely manner because of poor police casework, 
prosecutorial negligence, and the resulting lack of evidence. In 
response to this problem, the Anti-Terrorist Act was passed; special 
antiterrorist courts began operations in 1997. The antiterrorist 
courts, designed for the speedy punishment of terrorist suspects, have 
special streamlined procedures; however, due to the continued 
intimidation of witnesses, police, and judges, the courts initially 
produced only a handful of convictions. Under the act, terrorist 
killings were punishable by death and any act, including speech, 
intended to stir up religious hatred, is punishable by up to 7 years' 
rigorous imprisonment. Additional offenses that can be tried under the 
Anti-Terrorist Act include acts to stir-up religious feelings; efforts 
to ``wage war against the State''; conspiracy; acts committed in 
abetting an offense; and kidnaping of or abduction to confine a person. 
The Government has used the anti-terrorist courts for high-profile 
cases, including the Daniel Pearl kidnaping and killing, the Meerwala 
gang rape incident, and the Okara farmer protest. Cases were to be 
decided within 7 working days, but judges were free to extend the 
period of time as required. Trials in absentia initially were permitted 
but later were prohibited. Appeals to an appellate tribunal also were 
required to take no more than 7 days, but appellate authority since has 
been restored to the High and Supreme Courts, under which these time 
limits do not apply. Under the Anti-Terrorist Act, bail was not to be 
granted if the court has reasonable grounds to believe that the accused 
is guilty.
    In June 2001, the Musharraf government approved an amendment to the 
Anti-Terrorist Act. The new ordinance defines terrorism as ``the use or 
threat of action where the use, or threatened use, is designed to 
coerce and intimidate or overawe the Government or the public or a 
section of the public or community or sect or create a sense of fear or 
insecurity in society; and the use or threat is made for the purpose of 
advancing a political, religious, ideological, or ethnic cause.'' In 
November the Government approved an amendment to the anti-terrorism 
law; however, it has yet to be ratified by the Parliament. The new 
amendment gives the Government the authority to restrict the activities 
of suspected terrorists, probe their assets, and hold them for up to a 
year, without charges filed against them.
    Leading members of the judiciary, human rights groups, the press, 
and politicians from a number of parties expressed strong reservations 
about the antiterrorist courts, charging that they constitute a 
parallel judicial system and could be used as tools of political 
repression. Government officials and police believed that the deterrent 
effect of the act's death penalty provisions contributed to the 
reduction in sectarian violence after its passage. The antiterrorist 
courts also are empowered to try persons accused of particularly 
``heinous'' crimes, such as gang rape and child killings, and several 
persons have been tried, convicted, and executed under these 
provisions.
    The Musharraf government created by ordinance a special 
antiterrorist court in Sindh presided over by a High Court justice 
rather than a lower level judge, as was usually the case. The amended 
provision permitted the High Court justice to ``transfer . . . any case 
pending before any other special court . . . and try the case'' in his 
court. Supporters of Nawaz Sharif maintained that these changes were 
designed to help the Musharraf government prosecute Sharif. The 2000 
trial of Nawaz Sharif and six codefendants on charges of hijacking was 
the most widely publicized case tried by an antiterrorist court. 
Diplomatic observers who attended the Sharif trial concluded that the 
trial generally was fair, open, and transparent. In October 2000, the 
appeals court upheld Nawaz Sharif's convictions for hijacking and 
terrorism but combined them into one offense. The court also denied the 
prosecution appeal to upgrade Sharif's sentence to the death penalty, 
reduced the amount of property forfeiture, and affirmed the 
antiterrorism court's acquittals of the six codefendants.
    The Musharraf government in 1999 created by ordinance the NAB and 
special accountability courts to try corruption cases (see Section 
1.d.). The NAB was created in part to deal with as much as $4 billion 
(PKR 208 billion) that was estimated to be owed to the country's banks 
(all of which were state-owned at the time; several have since been 
privatized) by debtors, primarily from among the wealthy elite. The 
Musharraf government stated that it would not target genuine business 
failures or small defaulters and does not appear to have done so. The 
NAB was given broad powers to prosecute corruption cases, and the 
accountability courts were expected to try such cases within 30 days. 
As originally promulgated, the ordinance prohibited courts from 
granting bail and gave the NAB chairman sole power to decide if and 
when to release detainees.
    The ordinance also allowed those suspected by the State Bank of 
Pakistan of defaulting on government loans or of corrupt practices to 
be detained for 15 days without charge (renewable with judicial 
concurrence) and, prior to being charged, did not allow access to 
counsel. In accountability cases, there was a presumption of guilt, and 
conviction under the ordinance can result in 14 years' imprisonment, 
fines, and confiscation of property. Those convicted also originally 
were disqualified from running for office or holding office for 10 
years. In August 2000, the Government announced that persons with a 
court conviction would be barred from holding party office. This 
provision was used during the general election to prevent certain 
candidates from entering the contest.
    Despite government claims that NAB cases would be pursued 
independent of an individual's political affiliation, NAB has taken a 
selective approach to anti-corruption efforts (see Section 1.d.).
    The Government denied press reports that it had decided not to 
pursue accountability cases against active members of the military or 
the judiciary; however, no serving members of the military or the 
judiciary have been charged by the NAB. However, in May former Chief of 
the Naval Staff Mansoor ul-Haq was charged with corruption under the 
NAB ordinance. Ul-Hag pled guilty, agreed to repay the money, and was 
released in January. The Government also withdrew the privilege of 
retention of the rank of admiral. During 2001, Jehangir Badr, Mehtab 
Abbasi, and Javed Hashmi were arrested by the NAB; all but Badr were 
released by year's end.
    The Hudood ordinances criminalize nonmarital rape (see Section 5), 
extramarital sex (including adultery and fornication), and various 
gambling, alcohol, and property offenses. Offenses were distinguished 
according to punishment, with some offenses liable to Hadd, or Koranic, 
punishment (see Section 1.c.), and others to Tazir, or secular 
punishment. Although both types of cases were tried in ordinary 
criminal courts, special, more stringent rules of evidence apply in 
Hadd cases; Hadd punishments were mandatory if there was enough 
evidence to support them. Hadd punishments regarding sexual offences 
were most severe for married Muslims; for example, if a married Muslim 
man confesses to rape or there are four adult male Muslim witnesses to 
the act, the accused must be stoned to death; if the accused rapist is 
not Muslim or married, if he confesses, or if the act is witnessed by 
four adult males (not all Muslim), the accused must be sentenced to 100 
lashes with a whip, and such other punishment, including death, as the 
court may deem fit. The testimony of four female witnesses, or that of 
a rape victim alone, is insufficient to impose Hadd punishments. If the 
evidence falls short of Hadd criteria, then the accused may be 
sentenced to a lesser class of penalties (Tazir). Since it is difficult 
to obtain sufficient evidence to support the Hadd punishments, most 
rape cases are tried at the Tazir level, under which sentences may be 
imposed of up to 25 years in prison and 30 lashes. No Hadd punishment 
has been applied in the more than 20 years that the Hudood ordinances 
have been in force. For Tazir punishments, there was no distinction 
between Muslim and non-Muslim offenders. Under Tazir the evidentiary 
requirement for financial or future obligations is for two male 
witnesses or one male and two female witnesses; in all other matters, 
the court may accept the testimony of one man or one woman (see Section 
5).
    The federal Shariat court and the Shari'a bench of the Supreme 
Court serve as appellate courts for certain convictions in criminal 
court under the Hudood ordinances. The federal Shariat court also may 
overturn any legislation judged to be inconsistent with the tenets of 
Islam. However, these cases may be appealed to the Shari'a bench of the 
Supreme Court. In two areas of the NWFP--Malakand and Kohistan--the 
Government in 1999 announced plans to implement Shari'a law by 
regulation and by ordinance, respectively. In September 1999, the NWFP 
assembly passed a bill that incorporated the Kohistan ordinance into 
law (see Section 2.c.). In November, the new MMA-led government of NWFP 
reportedly affirmed to the media its plan to implement Shair'a law in 
the province. However, no information was given as to when the plan 
would enter into force.
    Appeals of certain Hudood convictions involving penalties in excess 
of 2 years imprisonment were referred exclusively to the Shariat courts 
and were heard jointly by Islamic scholars and High Court judges using 
ordinary criminal procedures. Judges and attorneys must be Muslim and 
must be familiar with Islamic law. Within these limits, defendants in a 
Shariat court were entitled to the lawyer of their choice. There was a 
system of bail.
    The Penal Code incorporates the doctrines of Qisas (roughly, an eye 
for an eye) and Diyat (blood money). Qisas was not known to have been 
invoked; however, Diyat occasionally was applied, particularly in the 
NWFP, in place of judicial punishment of the wrongdoer. Only the family 
of the victim, not the State, may pardon the defendant. The Hudood, 
Qisas, and Diyat ordinances applied to ordinary criminal courts and 
Shariat courts. According to Christian activists, if a Muslim kills a 
non-Muslim, he can redress the crime by paying Diyat to the victim's 
family; however, a non-Muslim who kills a Muslim does not have the 
option of paying and must serve a jail sentence or face the death 
penalty for his crime. Failure to pay Diyat in noncapital cases can 
result in indefinitely extended incarceration, under Section 331 of the 
Diyat ordinance. Some persons remained in prison after completion of 
their terms for failure to pay Diyat.
    Administration of justice in the FATA normally is the 
responsibility of tribal elders and maliks, or leaders. They may 
conduct hearings according to Islamic law and tribal custom. In such 
proceedings, the accused have no right to legal representation, bail, 
or appeal. The usual penalties consist of fines, even for murder. 
However, the Government's political agents, who were federal civil 
servants assigned to tribal agencies, oversaw such proceedings and 
could have imposed prison terms of up to 14 years. Paramilitary forces 
under the direction of the political agents frequently conducted 
punitive actions during enforcement operations. For example, in raids 
on criminal activities, the authorities have damaged surrounding homes 
as extrajudicial punishment of residents for having tolerated nearby 
criminal activity (see Section 1.f.).
    In previous years, in remote areas outside the jurisdiction of 
federal political agents, tribal councils levy harsher, unsanctioned 
punishments, including flogging or death by shooting or stoning.
    Another related form of justice operating in the NWFP, particularly 
in the tribal areas, is the concept of Pakhtunwali, or the Pakhtun 
Tribal Code, in which revenge is an important element. Under this code, 
a man, his family, and his tribe are obligated to take revenge for 
wrongs--either real or perceived--to redeem their honor. More often 
than not, these disputes arise over women and land, and frequently 
result in violence (see Section 5). In Meerwala, Punjab a woman was 
gang-raped on the orders of a council of tribal elders (see Sections 
1.d. & 5). In a village outside Mianwali, a tribal council permitted a 
family to give eight girls, ages 5 to 16, in marriage to another 
family, in exchange for the commutation of the death sentence for four 
family members.
    There were reports of approximately 10 political prisoners in 
custody at year's end. Some political groups also argue that they were 
marked for arrest based on their political affiliation (see Section 
1.d.). The MQM in particular has argued that the Government used 
antiterrorist court convictions in Sindh to silence its activists; 
however, there were no political arrests during the general election 
campaign.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Government infringed on citizens' privacy rights. 
The Anti-Terrorist Act allowed police or military personnel acting as 
police to enter and to search homes and offices without search 
warrants, and to confiscate property or arms likely to be used in an 
alleged terrorist act (which is defined very broadly). This provision 
never was tested in the courts. The Government promulgated new 
antiterrorist ordinances in October 1998, April 1999, and in August 
2001. The purpose of the 2001 ordinance was to strengthen the power of 
the judiciary to prosecute terrorism cases. Under the ordinances, many 
blasphemy cases were tried by antiterrorist courts. By law the police 
need a warrant to search a home, but not to search a person. Despite 
this law, police entered homes without a warrant and sometimes stole 
valuables during searches. Specifically, human rights activists 
criticized the new Police Ordinance 2002 for broadening police power to 
search and enter homes. In the absence of a warrant, a policeman is 
subject to charges of criminal trespass. However, police seldom were 
punished for illegal entry.
    The Government maintained several domestic intelligence services 
that monitor politicians, political activists, suspected terrorists, 
and suspected foreign intelligence agents. Credible reports indicated 
that the authorities routinely use wiretaps and intercepted and opened 
mail. The Supreme Court directed the Government to seek its permission 
before carrying out wiretapping or eavesdropping operations; however, 
the judiciary's directive has been ignored widely. No action was taken 
during the year in the 1996 case of 12 government agencies accused of 
tapping and monitoring citizens' phone calls and no additional action 
was expected.
    Unlike in previous years, provincial governments did not forcibly 
move landless laborers from their temporary camps.
    Civil marriages do not exist; marriages are performed and 
registered according to one's religion. Upon conversion to Islam, the 
marriages of Jewish or Christian men remain legal; however, upon 
conversion to Islam, the marriages of Jewish or Christian women, or of 
other non-Muslims, that were performed under the rites of the previous 
religion are considered dissolved (see Section 2.c.).
    While the Government generally does not interfere with the right to 
marry, the Government on occasion assisted influential families to 
prevent marriages they oppose. The Government also failed to prosecute 
vigorously cases in which families punished members (generally women) 
for marrying or seeking a divorce against the wishes of other family 
members. In June 2000, Mumlikat Bibi was killed in her parents' home in 
the village of Yar Hussain in the NWFP. Her father, who reportedly 
opposed Bibi's efforts to choose a spouse without parental consent, was 
accused of being the culprit (see Section 1.a); his trial was ongoing 
at year's end.
    In some cases, the authorities have detained relatives in order to 
force a family member who was the recipient of an arrest warrant to 
surrender (see Section 1.d.).
    The Frontier Crimes Regulation, the separate legal system in the 
FATA, permits collective responsibility, and empowers the authorities 
to detain innocent members of the suspect's tribe, or to blockade an 
entire village (see Section 1.d.).

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and citizens generally were free to 
discuss public issues; however, some journalists practiced a degree of 
self-censorship. The Government did not attempt to exercise direct 
control over views expressed in the print media. Newspaper editorials 
and commentators increasingly were critical of the Government; however, 
direct criticism of the military and judiciary was rare. In September 
2001 the Ministry of Information directed the media to avoid direct 
criticism of the United States or of the Government's cooperation in 
combating terrorism. However, unlike in the past and despite 
restrictions imposed on the electronic media, foreign journalists 
operating in the country were permitted to broadcast stories without 
obtaining prior clearance from the Ministry of Information. 
Investigative journalism was rare; instead, the press acts freely to 
publish charges and countercharges by named and unnamed parties and 
individuals representing competing political and social interests. Both 
governmental and nongovernmental entities sometimes pay for favorable 
media coverage.
    During the year, the Government established a 21-member Press 
Council, to oversee the quality of journalism in the country. The 
Council is made up of senior press editors, journalists, and the 
Secretary of Information. In September the Government promulgated the 
Defamation Ordinance, which required accused journalists to produce 
proof of their stories in court. If the proof was not produced, the 
journalists could be fined approximately $900 (PKR 50,000) or sent to 
prison for 3 months. The editors of the national press widely 
criticized this promulgation.
    The Constitution also prohibited the ridicule of Islam, the armed 
forces, or the judiciary. The Penal Code mandates the death sentence 
for anyone defiling the name of the Prophet Mohammad, life imprisonment 
for desecrating the Koran, and up to 10 years in prison for insulting 
another's religious beliefs with the intent to outrage religious 
feelings (see Section 2.c.). The Anti-Terrorist Act stipulates 
imprisonment with rigorous labor for up to 7 years for using abusive or 
insulting words, or possessing or distributing written or recorded 
material, with the intent to stir up sectarian hatred. No warrant was 
required to seize such material.
    In January the Government further amended the Anti-Terrorist Act to 
ban five of the extremist Tehrik-e-Ja'fria Pakistan, Sipah-e-Sihaba-
Pakistan, Lashkar-e-Taiba, Jaish-e-Mohammed, and Tehrik-e-Nifaz-e-
Sharait-e-Muhammadi groups (see Sections 2.b. and 2.c.); the amendments 
also made any person who printed, published, or disseminated any 
material from these organizations subject to 6 months' imprisonment.
    Provincial and local governments occasionally arrested journalists 
and closed newspapers accused of printing offensive material, but this 
was not a widespread practice. In March Shaheen Sehbai, the influential 
editor of the English-language newspaper The News, resigned. He alleged 
that he was leaving under pressure from the Government. In January 
2001, the Government closed the Frontier Post, an English-language 
daily based in Peshawar, and arrested five members of its staff after 
the Frontier Post published a letter to the editor that allegedly 
contained derogatory characterizations of the Prophet Mohammad. Most of 
the staff later was released on bail, and the paper was permitted to 
reopen after a period of several months. However, the paper's presses 
were burned by a mob in January 2001, reportedly while the police stood 
by and did little to stop it.
    The State no longer publishes daily newspapers; however, the 
Ministry of Information controls and manages the country's primary wire 
service, the Associated Press of Pakistan (APP). The APP is both the 
Government's own news agency and the official carrier of international 
news to the local media. The few small privately owned wire services 
usually were circumspect in their coverage of sensitive domestic news 
and tended to follow a government line; however, there were some 
controversial news stories published during the year. For example 
Online news agency discussed the Intelligence Agency's (ISI) alleged 
manipulation of the October elections.
    Privately owned newspapers freely discussed public policy and 
criticized the Government. They reported remarks made by opposition 
politicians, and their editorials reflected a wide spectrum of views. 
Local police, political parties, ethnic, sectarian, and religious 
groups, militant student organizations, and occasionally commercial 
interests exerted heavy pressure on newspapers to carry their 
statements or press releases. Such pressure was a common feature of 
journalism; among extreme groups it can include physical violence, the 
sacking of offices, the intimidation or beating of journalists, and 
interference with the distribution of newspapers. The police 
investigation of the 2001 attack of the bureau chief of the Hyderabad 
newspaper Ummat, was ongoing at year's end. At times landlords and 
their agents, who have become accustomed to terrorizing with impunity 
the citizens living on their lands, retaliate against journalists who 
report on their actions. Journalists working in remote areas could 
expect more difficulties from local authorities and influential 
individuals than their urban counterparts. However, violence against 
and intimidation of journalists was a nationwide problem.
    The Government occasionally denied visas to journalists who were 
from India or were of Indian descent.
    The broadcast media were mainly government monopolies directed by 
the Pakistan Broadcasting Corporation and Pakistan Television (PTV), 
although private cable channels broadcasting from abroad had a growing 
audience. Domestic news coverage and public affairs programming on 
these media were controlled closely by the Government and traditionally 
reflected its views. One private radio station, one television 
broadcaster, and a semi private cable television station were licensed 
under special contractual arrangements with the Government. The semi 
private television station, Shalimar Television Network (STN), 
occasionally rebroadcast PTV news. While the STN routinely censors 
those segments considered to be socially or sexually offensive, rarely, 
if ever, were foreign news stories censored for content. The Ministry 
of Information exercised some influence over broadcasting by 
restricting government advertising. It also monitored advertising on 
all broadcast media, editing or removing advertisements deemed morally 
objectionable.
    During the year, 22 licenses were issued to private sector 
entrepreneurs and 3 were operative by year's end. Three television 
broadcasters, and a semi--private cable television station were 
licensed under special contractual arrangements with the Government. 
Two satellite channels, Geo and Indus News, were also issued licenses. 
These two private sector news broadcasters were given liberty to report 
freely.
    Satellite dishes readily were available on the local market and 
were priced within reach of almost everyone with a television set--well 
into the lower-middle classes. South Asian satellite channels (usually 
India-based) have become important sources of news and popular 
entertainment. The MMA government in NWFP pledged to ban satellite and 
cable television in the province because of its ``immoral and un-
Islamic content.''
    The competitive nature of politics helps to ensure press freedom 
since the media often serve as a forum for political parties, 
commercial, religious, and various other interests to vie with and 
criticize each other publicly. Although the press rarely criticizes 
Islam as such, leaders of religious parties and movements were not 
exempt from public scrutiny and criticism. In September 2001 several 
newspapers published letters to the editor that were critical of 
religious parties that continued to express support for the Taliban. 
Sufi Mohammad, the leader of a prominent political Islamic group, was 
criticized for his role in encouraging teenage boys to fight for the 
Taliban.
    The press traditionally avoided negative coverage of the armed 
forces, and the Office of Inter-Services Public Relations (ISPR) held 
press coverage of military matters under close restraint. However, 
after the 1999 coup, journalists reported no attempts by the ISPR to 
influence editorial content. Discussion of the defense budget continued 
during the year, especially in the English-language press. Personnel 
changes among senior army officers also were discussed widely in the 
press, and newspapers published calls for extending the accountability 
process to include former military officers. Although many journalists 
chose to exercise self-censorship regarding the military during the 
year, the Government permitted significant criticism of retired 
military officials. President Musharraf was the subject of intense and 
public criticism during the year.
    Reports of intimidation, heavy-handed surveillance, and legal 
action to quiet unduly curious or nondeferential journalists were 
common in the past, but these reports have declined significantly since 
the coup. During the year only a few journalists were arrested, 
according to the HCRP. The Government has considerable leverage over 
the press through its substantial budget for advertising and public 
interest campaigns and its ability to enforce regulations. Human rights 
groups, journalists, and opposition figures accused the Government of 
attempting to silence journalists and public figures; however, there 
had been fewer such complaints since the coup. According to HRW, on 
July 25 editor of the daily Jasarat, Muzaffar Ejaz reportedly was 
abducted by members of the ISI and interrogated about the publication 
of a controversial article on faction politics in the Muslim League. He 
was released the next morning.
    In September 2001, the Government enacted the Freedom of 
Information Ordinance, which required every government office to 
designate a freedom of information officer who would be responsible for 
providing replies to written applications within 21 days. However, the 
law excluded all classified documents and did not define what 
constitutes classified information.
    On April 14, police assaulted journalists in Faisalbad, Punjab 
province, during a rally staged to promote the October referendum (see 
Section 1.c.). According to the Committee to Protect Journalists (CPJ), 
15 journalists were injured and a large number of civilians were hurt. 
On April 15, Information Minister Nisar Memon expressed regret over the 
attack and ordered an inquiry into the incident. There were no reports 
of any action taken against the responsible members of the police who 
used excessive force to disperse demonstrations during the year.
    On May 4, unknown persons shot and killed the editor of Urdu daily 
``Kohistan'' while he was in his office in Lahore. On October 22, 
unknown assailants attacked and killed a prominent journalist, Shahid 
Soomro, while he was in his home in Kandhkot. No one claimed 
responsibility and police officials have yet to identify any suspects.
    There were no further developments in the following 2001 cases: 
Shakil Shaikh, Abu Bakar Siddique, Hayat Ullah, and the two British 
journalists expelled, allegedly for being involved in activities that 
defamed the country.
    Foreign books must pass government censors before being reprinted. 
Books and magazines may be imported freely, but likewise are subject to 
censorship for objectionable sexual or religious content. In September 
2001, the Government censored an article in Newsweek magazine 
concerning the case of Dr. Younis Shaikh, who was arrested on blasphemy 
charges in October 2000 and sentenced to death in August (see Section 
2.c.). However, the Government permitted the publication of the same 
article in a Pakistani magazine.
    Obscene literature, a category broadly defined by the Government, 
was subject to seizure. Dramas and documentaries on previously taboo 
subjects, including corruption, social privilege, narcotics, violence 
against women, and female inequality, were broadcast on television; 
however, some sensitive series have been canceled before being 
broadcast. In December police detained two dozen movie theater and 
video shop owners in a crackdown on pornographic and unlicensed cinemas 
by the new Islamist government of the North-West Frontier. The 
provincial police chief, Muhammad Saeed Khan, also issued a statement 
that set a 48-hour deadline for the police to remove ``vulgar and 
obscene'' billboards.
    The Government generally respected academic freedom. However, the 
atmosphere of violence and intolerance fostered by student 
organizations, typically tied to religious political parties, continued 
to threaten academic freedom, despite a Supreme Court ruling that 
prohibited student political organizations on campuses. On some 
university campuses, well-armed groups of students, primarily from 
radical religious organizations, had armed clashes with and intimidated 
other students, instructors, and administrators over issues such as 
language, syllabus contents, examination policies, grades, doctrines, 
and dress. These groups frequently facilitated cheating on 
examinations, interfered with the hiring of staff, controlled who was 
admitted to the universities, and sometimes also controlled the funds 
of the institutions. Such control generally has been achieved through a 
combination of protest rallies, control of the campus media, and 
threats of mass violence. At Punjab University, the student wing of the 
political party Jaamat-i-Islami (the largest Islamic political party) 
attempted to continue to impose its self-defined code of conduct on 
teachers and students by threatening to foment unrest on campus if its 
demands were not met.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom ``to assemble peacefully and without arms subject 
to any reasonable restrictions imposed by law in the interest of public 
order''; however, the Government imposed significant restrictions on 
this right during the year. Rallies and processions on streets, roads, 
and railway stations remained prohibited, and provincial and district 
administrations were given authority to determine the time and place of 
meeting. Ahmadis have been prohibited from holding any conferences or 
gatherings since 1984(see Section 2.c.). Throughout the year, the 
Government occasionally interfered with large opposition rallies, which 
were held by an alliance of political parties. In March 2000, the 
Musharraf government enacted an ordinance banning all public political 
gatherings, processions, and strikes held outdoors. During the election 
campaign, the Government approved some public political gatherings, 
including pro-government and opposition candidates rallies and outdoor 
meetings. During the year, the ban was enforced unevenly.
    District magistrates occasionally exercised their power under the 
Criminal Procedures Code to ban meetings of more than four persons 
where demonstrations seemed likely to result in violence. During the 
year, police made preventive arrests of political party organizers 
prior to announced demonstrations. For example, on April 21, the 
Government prevented a protest and arrested several party leaders by 
the Jamaat-i-Islami (JI) party in Lahore, even through the JI officials 
claimed they received prior permission for the protest. On July 12, 
police blocked roads leading to the city square and arrested nine local 
Alliance for the Restoration of Democracy (ARD) leaders after the party 
attempted to hold a rally against the draft constitutional amendments. 
The Government generally allowed all Islamist parties to hold rallies 
and campaign; however, the Government denied rally permits to secular 
parties.
    In previous years, the MQM had been harassed in its regular 
political activities, especially by the Sindh police. Police frequently 
arrested PML leaders and supporters in order to prevent planned 
demonstrations during the year; the HRCP noted that all public PML 
demonstrations in Karachi were prevented, except for meetings at the 
party's headquarters (see Section 1.d.).
    Police sometimes used excessive force against demonstrators. On 
July 29, police shot and killed four protesters in Islamabad. The 
demonstrators were protesting their eviction from a sector in 
Islamabad.
    The authorities sometimes prevented leaders of religious political 
parties from traveling to certain areas if they believed their presence 
would increase sectarian tensions or cause public violence (see Section 
2.d.).
    The Constitution provides for freedom of association subject to 
restriction by government ordinance and law; however, the Government 
limited this right in practice. NGOs were required to register with the 
Government under the ``Cooperative Societies and Companies'' Ordinance 
of 1960. NGOs usually register through the Ministry of Social Welfare 
and must submit to a 6-month probationary period during which the 
Government tracks their activities. NGOs also are required to submit a 
progress report after the completion of this period, and then they are 
registered formally. No prominent NGO reported problems with the 
Government over registrations during the year.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and stated that adequate provisions shall be made for 
minorities to profess and practice their religions freely; however, the 
Government limited freedom of religion. The country is an Islamic 
republic in which approximately 95 percent of the population is Muslim. 
The majority of the population is Sunni Muslim, but an estimated 15 
percent of the population is Shi'a. The Constitution required that laws 
be consistent with Islam and imposed some elements of Koranic law on 
both Muslims and religious minorities. In July 2000, President 
Musharraf amended the PCO in order to incorporate the Islamic 
provisions of the Constitution, which include the definition of 
``Muslim'' and ``non-Muslim'' and procedures regarding Shariat courts. 
While there was no law establishing the Koranic death penalty for 
apostates (those who convert from Islam), social pressure against 
apostasy is so powerful that most such conversions take place in 
secret. Reprisals and threats of reprisals against suspected converts 
were common. Members of religious minorities were subject to violence 
and harassment, and police at times refused to prevent such actions or 
to charge persons who commit them, which contributed the impunity for 
acts of violence and intimidation against religious minorities.
    All citizens, regardless of their religious affiliation, were 
subject to certain provisions of Shari'a. In the Malakand division and 
the Kohistan district of the NWFP, ordinances required that ``all 
cases, suits, inquiries, matters, and proceedings in the courts shall 
be decided in accordance with Shari'a.'' These ordinances define 
Shari'a as the injunctions found in both the Koran and the Sunna 
(tradition) of the Prophet Mohammed. Islamic law judges, with the 
assistance of the Ulema (Islamic scholars), under the general 
supervision of the Peshawar High Court, tried all court cases in the 
Malakand Division and the Kohistan District. Elsewhere in the country, 
partial provisions of Shari'a apply.
    The Constitution protected religious minorities from being taxed to 
support the majority religion; no one may be forced to pay taxes for 
the support of any religion other than his own. For example, Sunni 
Muslims are subject to the ``zakat,'' a religious tax of 2.5 percent of 
their income; however, Shi'a Muslims and other religious minorities do 
not pay the ``zakat.''
    In January the Government eliminated the separate electorates 
system which had long been a point of contention between religious 
minorities and human rights groups on the one side and the Government 
on the other. With the elimination of the separate electorate system, 
political representation is to be based on geographic constituencies 
that represent all residents regardless of religious affiliation. 
Minority group leaders believed this change may help to make public 
officials take notice of the concerns and rights of minority groups. 
Because of their concentrated populations, religious minorities could 
have significant influence as swing voting blocks in some 
constituencies. Few non-Muslims were active in the country's mainstream 
political parties due to limitations on their ability to run for 
elective office under the previous separate electorates system.
    During the year, the number of cases filed under the blasphemy laws 
continued to be significant. A Christian NGO reported that 58 cases 
were registered during 2000 and 2001, compared to 53 cases during 1999-
2000. In October 2000, police arrested Nasir Ahmad of Rajanpur district 
under Section 295(b) for allegedly defiling a copy of the Koran. Ahmad 
remained in custody and his trial had not been concluded at year's end. 
The blasphemy laws also have been used to ``settle scores'' unrelated 
to religious activity, such as intrafamily or property disputes. On 
July 5, a mob of approximately 300 persons killed a 48-year-old Muslim 
on the fatwa of a cleric in the central Punjab province. The man 
previously had been charged with blasphemy; however, he was acquitted 
on the grounds he was mentally ill.
    In July HRW reported that Wajihul Hassan was sentenced to death for 
allegedly having made phone calls to the complainant that contained 
derogatory remarks about the Prophet. In April 2001, police registered 
a blasphemy case against Pervez Masih, a Christian in Sialkot District, 
Punjab. Masih, who owns a private school, was arrested under section 
295(c) of the Penal Code and placed in Sialkot District jail where he 
remained at year's end. Christian leaders alleged that the case was 
filed at the behest of Mohammad Ibrahim, a Sunni Muslim educator who 
owned a rival school in the same village. In May 2000, a lower court in 
Sialkot district, Punjab, sentenced two Christian brothers to 35 years' 
imprisonment each and fined them each $1,500 (PKR 75,000) for allegedly 
desecrating the Koran and blaspheming the Prophet Mohammed. Lawyers for 
the brothers filed an appeal in the Lahore High Court that was to be 
heard in January 2001; however, the hearing was rescheduled for 
February after the judge in the case retired. The two brothers remained 
in detention at year's end. By year's end, the Supreme Court dismissed 
the blasphemy case against Ayub Masih who was released after 6 years in 
solitary confinement.
    Police also arrest Muslims under the blasphemy laws; government 
officials maintain that approximately two-thirds of the total blasphemy 
cases that have been brought to trial have affected Muslims. Dr. Younis 
Shaikh sentenced in 2000 on blasphemy charges was denied bail, 
sentenced to death, and fined $1,580 (PKR 100,000) by a sessions court 
on August 18. His case was under appeal at year's end. Yusuf Ali, who 
had been convicted of blasphemy and sentenced to death, was shot and 
killed in the Lahore Central Jail by another inmate on July 11. Some 
jail officials were arrested in connection with the incident, including 
an Assistant Superintendent (who reportedly took responsibility for the 
shooting and stepped down). At year's end, the shooting was still under 
investigation by the authorities. The 1998 death sentence of Shi'a 
Muslim Ghulam Akbar was under appeal at year's end.
    When blasphemy and other religious cases are brought to court, 
extremists often pack the courtroom and make public threats about the 
consequences of an acquittal. As a result, the accused often are denied 
requests for bail on the grounds that their lives would be at risk from 
vigilantes if released. Many judges also try to pass such cases to 
other jurists; some judges reportedly have handed down guilty verdicts 
to protect themselves and their families from religious extremists.
    The Constitution specifically prohibited discriminatory admission 
to any governmental educational institution solely on the basis of 
religion. Government officials state that the only factors affecting 
admission to governmental educational institutions are students' grades 
and home provinces. However, students must declare their religion on 
application forms. Ahmadis and Christians reported discrimination in 
applying to government educational institutions due to their religious 
affiliation.
    ``Islamiyyat'' (Islamic studies) is compulsory for all Muslim 
students in state-run schools. Although students of other faiths 
legally are not required to study Islam, they are not provided with 
parallel studies in their own religions. In practice teachers compel 
many non-Muslim students to complete Islamic studies.
    On June 19, the Government announced the Madrassah Registration 
Ordinance of 2002, which went into effect immediately. Under the 
ordinance, all madrassahs (religious schools) were required to register 
with the Pakistan Madrassah Education Board and provincial boards. 
Madrassahs failing to do so may be fined or closed. The madrassahs no 
longer are allowed to accept grants or aid from foreign sources, 
although madrassahs offering courses in science, math, Urdu, and 
English are eligible for government funds. Madrassahs were given 6 
months to comply. The ordinance was designed to regulate the 
madrassahs, where many poor children are educated, and to combat 
religious extremism.
    The Government designates religion on passports, and to get a 
passport citizens must declare whether they are Muslim or non-Muslim. 
Muslims also must affirm that they accept the unqualified finality of 
the prophethood of Mohammed and declare that Ahmadis are non-Muslims.
    Permission to buy land comes from one municipal bureaucracy, and 
permission to build a house of worship from another. For all religious 
groups, the process appeared to be subject to bureaucratic delays and 
requests for bribes.
    The Government distinguished between Muslims and non-Muslims with 
regard to politics and political rights. Furthermore, according to the 
Constitution, the President and the Prime Minister must be Muslim. The 
Prime Minister, federal ministers, and ministers of state, as well as 
elected members of the Senate and National Assembly (including non-
Muslims) must take an oath to ``strive to preserve the Islamic 
ideology, which is the basis for the creation of Pakistan'' (see 
Section 3).
    The Ahmadis are subject to specific restrictions under law. A 
constitutional amendment declared Ahmadis to be a non-Muslim minority 
because, according to the Government, they do not accept Mohammed as 
the last prophet of Islam. However, Ahmadis regard themselves as 
Muslims and observe Islamic practices. In May the Government announced 
the restoration of a voter registration form designed to single out 
Ahmadis. The section, which required Muslims to swear they believe in 
the ``finality of Mohammed's prophethood,'' singled out members of the 
Ahmadis sect who are less categorical about this tenet of Islam. The 
Government and anti-Ahmadi religious groups have used this provision 
extensively to harass Ahmadis. Ahmadis suffer from various restrictions 
of religious freedom and widespread societal discrimination, including 
violation of their places of worship, being barred from burial in 
Muslim graveyards, denial of freedom of religion, speech, and assembly, 
and restrictions on their press. Several Ahmadi mosques remained 
closed. Ahmadis have been prohibited from holding conferences or 
gatherings. Ahmadis are prohibited from taking part in the Hajj (the 
annual Muslim pilgrimage to Mecca). Some popular newspapers publish 
anti-Ahmadi ``conspiracy'' stories, which contribute to anti-Ahmadi 
sentiments in society.
    Acts of sectarian and religious violence continued during the year 
(see Section 5). A number of massacres in churches and mosques brought 
into question the Government's ability to prevent sectarian and 
religious violence. The worst religious violence was directed against 
the country's Shi'a minority, who continued disproportionately to be 
victims of individual and mass killings. Despite the Government's ban 
on groups involved in sectarian killings, violence between rival Sunni 
and Shi'a Muslim groups continued during the year. Many of the victims 
were Shi'a professionals--doctors and lawyers--who were not politically 
active or involved with sectarian groups. During the year, at least 53 
cases of sectarian violence occurred in the country, most carried out 
by unidentified gunmen. For example, on February 4, Dr. Fayyaz Karim 
was shot and killed outside a mosque in Karachi. On June 17, three 
Shi'a men were shot and killed by unknown gunmen outside of a Shi'a 
mosque, who was opposed by the Sunni extremist groups Lash-Kar-e 
Jhangyi and Singh Sahaba Pakistan.
    Sectarian violence between members of different religious groups 
received national attention during the year and continued to be a 
serious problem. Christians, Ahmadis, and other religious minorities 
often were the targets of such violence.
    Christians have been victims of violence. For example, in March an 
attack on a church in Islamabad left five persons dead, including two 
foreign nationals. In August gunmen attacked the Murree Christian 
School and killed four persons. Three days later, militants threw 
grenades at worshippers at a Christian hospital in Taxila and left 
three persons dead. On December 25, 3 children were killed and 14 were 
injured in a grenade attack on a Christian Church in Chianwala village 
in Sialkot. On December 27, police detained four men, including a 
radical Muslim cleric, on suspicion of carrying out the Christmas day 
attack. During the year, police made no arrests in connection with past 
sectarian killings. Numerous such killings remain unresolved.
    Several incidents of sectarian violence between rival Sunni and 
Shi'a groups typically occur during Muharram, the time when Shi'a 
Muslims mourn the death of the Prophet Mohammed's nephew Ali and Ali's 
son Hussain. Government efforts to stem a wave of violence, including 
mass arrests of those suspected of participating in sectarian violence, 
resulted in no deaths during the year.
    Beginning in 2001 and throughout the year, the Government undertook 
a major effort to curb religious extremism and address the intimidation 
of religious minorities. On January 12, the Government banned another 
five groups suspected of inciting religious violence and jihad: Tehrik-
e-Ja'fria Pakistan, Sipah-e-Sihaba-Pakistan, Lashkar-e-Taiba, Jaish-e-
Muhammad, and Tehrik-e-Nifaz-e-Sharait-e-Muhammadi. Hundreds of local 
and national offices were closed, and almost 2,000 members of these 
groups were arrested in the weeks following the announcement. Most 
detainees were low-level organization members who were released after 
90 days without being charged. Rumors persisted that higher level party 
leaders enjoyed the protection and patronage of government agencies, 
and avoided arrest by going underground. In late June, the authorities 
in Lahore arrested at least 30 members of 2 of the banned groups. By 
year's end, the Government accelerated its detention of members of 
several extremist groups. In addition, violence in country has prompted 
the Government on several occasions to round up hundreds of members of 
religious extremist groups and students at madrassahs believed to be 
terrorist recruiting centers and training grounds.
    Government authorities afford religious minorities fewer legal 
protections than are afforded to Sunni Muslim citizens. Members of 
religious minorities are subject to violence and harassment, and police 
at times refuse to prevent such actions or to charge persons who commit 
them.
    Ahmadi individuals and institutions often are targets of religious 
intolerance, much of which is instigated by organized religious 
extremists. Ahmadi leaders charge that militant Sunni mullahs and their 
followers sometimes stage marches through the streets of Rabwah, a 
predominantly Ahmadi town and spiritual center in central Punjab. 
Backed by crowds of 100 to 200 persons, the mullahs purportedly 
denounce Ahmadis and their founder, a situation that sometimes leads to 
violence. The Ahmadis claim that police generally are present during 
these marches but do not intervene to prevent trouble. For example, in 
January Ghulam Mustafa Mohsin was killed in his home in District Toba 
Tek Sing, after receiving a series of death threats.
    Ahmadis suffer from harassment and discrimination and have limited 
chances for advancement into management levels in government service. 
In the past few years Ahmadis claim that even the rumor that someone 
may be an Ahmadi or have Ahmadi relatives can stifle opportunities for 
employment or promotion. Ahmadi students in public schools are subject 
to abuse by their non-Ahmadi classmates, and the quality of teachers 
assigned to predominantly Ahmadi schools by the Government generally is 
poor. However, most Ahmadis are home-schooled or go to private Ahmadi-
run schools. Young Ahmadis complain of difficulty in gaining admittance 
to good colleges and consequently having to go abroad for higher 
education. Certain sections of the Penal Code discriminate against 
Ahmadis, particularly the provision that forbids Ahmadis from 
``directly or indirectly'' posing as Muslims. Armed with this vague 
wording, mullahs have brought charges against Ahmadis for using 
standard Muslim salutations and for naming their children Mohammed.
    The predominantly Ahmadi town and spiritual center of Chenab Nagar 
(formerly known as Rabwah) in Punjab often has been a site of violence 
against Ahmadis (see Section 5).
    Other religious minority groups also experienced considerable 
discrimination in employment and education. In the country's early 
years, minorities were able to rise to the senior ranks of the military 
and civil service; now many were unable to rise above mid-level ranks. 
The Government claimed that officers in the military were promoted 
strictly on merit, and there were two active duty generals who were 
members of religious minorities. The lack of religious minorities at 
higher levels of the military partially may be due to the limited 
number of minorities who opt for a career in the armed forces.
    Discrimination in employment reportedly was common. Christians in 
particular have difficulty finding jobs other than menial labor, 
although Christian activists say the employment situation has improved 
somewhat in the private sector. Christians were overrepresented in the 
country's most oppressed social group--that of bonded laborers. Many 
Christians complained about the difficulty that their children face in 
gaining admission to government schools and colleges, a problem they 
attribute to discrimination. Many Christians continued to express fear 
of forced marriages between Muslim men and Christian women, although 
the practice was relatively rare. Reprisals against suspected converts 
to Christianity occur, and a general atmosphere of religious 
intolerance has led to acts of violence against religious minorities.
    Although there were few Jewish citizens in the country, anti-
Semitic sentiments appeared to be widespread, and anti-Semitic and 
anti-Zionist press articles were common.
    However, the return of joint electorates eliminated parliamentary 
and assembly seats reserved for minorities. Some minority leaders 
complained that these seats should have been retained after the joint 
electorate system was eliminated.
    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. The Government at 
times prevented political party leaders and religious leaders from 
traveling to certain parts of the country (see Section 2.b.). Travel to 
Israel is prohibited by law, but some citizens may visit Israel without 
penalty by not getting their passports stamped by the Government of 
Israel. Government employees and students must obtain ``no objection'' 
certificates before travelling abroad, although this requirement rarely 
was enforced against students.
    Citizens regularly exercised the right to emigrate. However, an 
Exit Control List (ECL), which was made public but was revised 
constantly, was used to prevent the departure of wanted criminals and 
individuals under investigation for defaulting on loans, corruption, or 
other offenses. Soon after coming to power, the Musharraf government 
increased the use of the ECL, reportedly to prevent those suspected of 
loan defaults or corruption from leaving the country. The focus 
apparently was on potential loan defaulters as part of the Musharraf 
government's emphasis on accountability. However, according to the 
Government, there were approximately 2,450 names on the ECL for the 
period of January to September. No judicial action was required to add 
a name to the ECL; those named have the right to appeal to the 
Secretary of Interior and, if refused, to the Advocate General of the 
senior judiciary. In practice courts have directed the Government to 
lift restrictions on some politicians on the ECL.
    The law does not provide for the granting of refugee or asylum 
status in accordance with the 1951 U.N. Convention Relating to the 
Status of Refugees or its 1967 Protocol, nor has the Government adopted 
domestic legislation concerning the treatment of refugees or the 
granting of asylum status. In December 1999, the office of the U.N. 
High Commissioner for Refugees (UNHCR) noted a change from the practice 
of granting ``prima facie'' status to all Afghans in the country; under 
the current policy, the Government treats all undocumented Afghans as 
aliens under the Foreigners Act, making them potentially subject to 
deportation. However, in practice the Government has allowed the vast 
majority of the Afghans who have entered the country to remain. On 
October 22, the Government, Afghanistan and UNHCR agreed on an Afghan/
Pakistan refugee accord, which institutionalized the voluntary 
repatriation of 1.8 million Afghan refugees from Pakistan for three 
years. The Government will continue its negotiation with UNHCR and the 
Government of Afghanistan on procedures for the screening and 
repatriation of Afghans in the refugee camps. In the past, the fear of 
large numbers of new refugees trying to enter the country coupled with 
the absence of a legalized asylum framework and the sharp economic 
competition with host communities led to a more restrictive admissions 
policy and a deterioration in protection for many refugees.
    The Government generally cooperates with the U.N. High Commissioner 
for Refugees and other humanitarian organizations in assisting 
registered refugees. The Government provided first asylum to 
approximately 200,000 persons during the year. First asylum has been 
provided to refugees from Afghanistan since 1979. In November 2001, 
President Musharraf announced that limited numbers of ``vulnerable'' 
Afghan refugees would be allowed to enter the country, including 
injured persons, unaccompanied minors, the elderly, and those from 
drought-affected areas of Afghanistan; adherence to this policy 
fluctuated through year's end. Refugees that did not fit into this 
category still were denied entry to the country. The Government refers 
to refugees who entered the country after September 2001 as 
``externally displaced persons'' and works with UNHCR to provide 
services to them. There remain an estimated 1.5 million Afghan refugees 
in the country who have been granted first asylum, and live in refugee 
camps (mainly in the NWFP and Baluchistan). There also were an 
estimated 1.4 million unregistered Afghans in urban areas throughout 
the country, including in Peshawar, Quetta, Islamabad, Rawalpindi, and 
Lahore. In January UNHCR set up two new camps (Dara I and Dara II) on 
the Pakistan side of Chaman border to accommodate the approximately 
20,000 refugees in one week. On February 27, the Ministry of Interior 
announced that the country would not allow UNHCR to process new 
arrivals. At one point, there were up to 40,000 persons waiting to be 
registered and relocated. The Government officially never reversed its 
position on vulnerable persons, but said that none of the new arrivals 
met the vulnerable criteria. In response, UNHCR improved the 
humanitarian conditions in the waiting areas and redoubled its efforts 
to establish Zhare Dasht settlement on the Afghan side of the Chaman 
border. UNHRC reported the situation for refugees improved during the 
year.
    Many Afghan refugees continued to live and work in the country, and 
were self-supporting and lived outside of refugee camps, usually in 
urban or semi-urban areas. This resulted in some hostility among local 
communities whose residents resent the economic competition and believe 
that the refugees contribute to high crime rates. Conditions for 
refugees outside of the camps often were worse than for those in the 
camps. Refugees outside the camps also faced harassment by the police, 
especially in Peshawar, Islamabad, and Rawalpindi. Single women, 
female-headed households, and children who work on the streets faced 
particular security problems.
    Most refugee camps were well established, and living conditions 
resembled those in neighboring villages, even though most direct 
assistance to the camps ended in the early 1990's. Most recent arrivals 
have gone to urban areas like Peshawar or Quetta, but some have settled 
in the new Akora Khattak camp, the Shamshatoo camp, and the New 
Shamshatoo camp. Conditions for newly arrived Afghans generally were 
worse than conditions in the well-established camps. For example, 
sanitation, health care, shelter, and fresh water were continuing 
problems in the new camps. Some of the most recent arrivals still 
reside in makeshift tents. Severe overcrowding was a problem (at one 
point the camp housed approximately 60,000 persons). The Government and 
UNHCR opened several camps to house the most recent arrivals from 
Afghanistan, and to accommodate undocumented refugees from Quetta. By 
year's end, more than 100,000 refugees were housed in the new refugee 
camps. Refugees in the Nasir Bagh camp were evicted on June 8 because 
the owners of the land the camp was located on proceeded with the 
construction of a housing development. Some residents returned to 
Afghanistan voluntarily; others were relocated to other camps.
    The Government occasionally harassed refugees and threatened them 
with deportation; harassment and threats of deportation of Afghan 
refugees increased during the year. On May 8, officials in Islamabad 
and Rawalpindi rounded up and arrested 580 Afghans, after a killing of 
two policemen in Rawalpindi. On June 11, 68 of the 580 were deported 
and the remainder were released on June 21 without being deported. 
There were reports of instances in which police demanded bribes from 
Afghans and threatened them with deportation if they did not pay. It is 
unknown how many Afghans may have been deported in this manner during 
the year. Complaints were made with the State and Frontier Regions 
Ministry, the Interior Ministry, and the NWFP provincial government 
that such summary deportations did not comply with the law. The refugee 
community expressed increasing fear of deportation, and cited this fear 
as the reason why more male family members remained at home, thus 
reducing family income.
    The Government cooperated with UNHCR to support voluntary 
repatriations to rural areas of Afghanistan considered to be safe. On 
March 1, UNHCR started a voluntary repatriation program and opened 
centers throughout both the country and Afghanistan and offered 
financial and other assistance to repatriating refugees. UNHCR 
estimated that approximately 400,000 Pakistan-based Afghan refugees 
would participate; however, by the end of September, over 1.5 million 
had repatriated. Afghan refugees have limited access to legal 
protection and depend on UNHCR and group leaders to resolve disputes 
among themselves and with the Government.
    Most able-bodied male refugees have found at least intermittent 
employment; however, they are not covered by local labor laws. NGOs and 
private entities provided women and girls with better education and 
health care than was available in Afghanistan. However, Afghan women 
working for NGOs were targets for occasional harassment and violence by 
conservatives and Taliban sympathizers.
    The resettlement of Biharis continued to be a contentious issue, 
and at year's end no further resettlement has occurred.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provided citizens with the right to change their 
government peacefully, and citizens participated in government 
elections during the year. However, in practice, President Musharraf 
and the military continued to dominate the federal coalition government 
led by the Pakistan Muslim League (Quaid-e-Azam). In June 2001, 
President Musharraf issued an amendment to the existing PCO that 
allowed him to become President and formally dissolved the National 
Assembly, the Senate, and the provincial assemblies. The Musharraf 
government pledged to return the country to a democracy; however, 
President Musharraf stressed his priority first to build a strong 
economic and political foundation in order to avert another bout of 
``sham'' democracy. President Musharraf abided by the May 2000 Supreme 
Court ruling that mandated that national elections were to be held in 
October. The October national elections were deemed somewhat free and 
fair by many international observers. However, some NGOs and election 
observers accused the Government of pre-poll rigging, poll 
irregularities, and tampering with results on selected seats to help 
pro-government candidates.
    The Government announced a series of ordinances that regulated the 
elections. These ordinances limited political parties' ability to 
organize and campaign before the October elections. One measure 
required all political parties to elect their leadership and refused 
registration to any party whose leaders had a court conviction. 
Individuals with convictions were barred from running for office. 
Effectively this measure sidelined the PPP's Benazir Bhutto, convicted 
in absentia of absconding from NAB charges, and PML-N's Nawaz Sharif, 
convicted of hijacking in 2000. Other changes included limiting the 
size of gatherings, processions, the use of loudspeakers, the size of 
posters and hung banners, and educational requirements for candidates. 
The late announcement of the election schedule also curtailed the 
campaign season to less than 5 weeks, in contrast to the usual 90 days.
    Prior to the elections, political parties and civilian groups 
alleged the Government wielded its influence unduly in ``pre-poll 
rigging.'' These NGOs claimed the top provincial leadership as well as 
members of the federal government and military agencies pressured 
members of other parties to join the progovernment PML-Q, or run 
independently. Local government officials, elected in August 2001 as 
part of a devolution of power program, were accused of helping 
progovernment candidates by delivering needed services and development 
funds to key electoral constituencies. Others accused police and army 
personnel of intimidation of voters and party workers.
    On April 30, President Musharraf held a nationwide referendum on a 
five-year extension of his presidency and claimed to have received a 
97.5 percent vote in favor of the referendum. However, some independent 
observers found evidence of widespread fraud and coerced voting. 
Politicians, lawyers, and civil society groups criticized the 
referendum and argued that a president could only be elected as 
prescribed in the Constitution, and that the referendum could not be 
used to elect a president. In June the Supreme Court ruled that the 
referendum was constitutional; however, the court allowed the results 
to be revisited by an elected parliament. By year's end, the elected 
Parliament had not debated the April referendum. In August the 
Government announced the Legislative Framework Order (LFO), which 
amended the Constitution and the PCO to allow: the empowerment of the 
President to dismiss the Prime Minister and dissolve the Parliament; 
the creation of a National Security Council as a constitutional body; 
and the insertion of a number of qualification requirements for 
candidates for Parliament. Under the auspices of the LFO-amended 
constitution, Pakistan held the first national and provincial assembly 
elections since the October 1999 coup. International observers, NGOs, 
and human rights activists, including the European Union election 
observation mission (EUEOM), alleged serious flaws in the national and 
provincial election framework; however, these observers stated that the 
election day itself was free of serious irregularities. There were 
reports of election day violence that killed 7 persons. The Government 
had established the National Reconstruction Bureau (NRB) to develop 
political reforms and a framework for elections in previous years. 
During the year, the NRB reformed electoral laws that included the 
elimination of the separate electorates system for religious minorities 
(see Section 2.c.) and the tripling of National Assembly seats reserved 
for women. Although many persons welcomed these changes, the major 
political parties continued to call for the return of exiled political 
leaders.
    Citizens' right to change their government also was restricted by 
the executive's strong influence on the judiciary. The Supreme Court 
demonstrated little independence during the year. Its unanimous 
decision in favor of the presidential referendum and its consistent 
support of government changes to electoral procedures resulted in 
approval of all of the Government's proposed electoral and 
constitutional changes. In January 2000, President Musharraf ordered 
all of the justices in the country to swear to uphold his PCO, and not 
to make any decision against the Chief Executive or any person 
exercising powers or jurisdiction under his authority; as a result, 
government directives and ordinances under the PCO no longer are 
subject to judicial review (see Section 1.e.).
    Citizens participated in national government elections during the 
year; however, many NGOs alleged there were serious flaws in the 
election. The PML-Q won a majority of seats and formed a government.
    Despite the measures the Government designed to make the electoral 
commission independent of government control, the election commission 
came under severe criticism when it failed to protect an area clearly 
within its mandate from interference by state authorities. According to 
the EU, the electoral commission's failure to curb the authorities' 
misuse of state resources in favor of political parties for the PML-Q 
raised serious doubts about its independence. Furthermore, in January 
the Government appointed Irshad Hassan Khan, the retired Chief Justice 
of the Supreme Court, to be Chief Election Commissioner. Irshad was 
known for his role in presiding over the April 2000 Supreme Court 
ruling that upheld the legality of the October 1999 coup. His 
appointment raised further doubts about the commission's independence.
    During 2001, President Musharraf focused on the need to reduce the 
power of the central government by devolving power to the local level. 
Between December 31, 2000, and August 2001, elections for local 
government assemblies were held in the country's 97 districts. Directly 
elected union councilors formed an electoral college to elect a 
district mayor (nazim) and members of district council. According to 
local and international election observers, the elections generally 
were free and fair. However, the Government was accused by some 
political parties of intervening in several mayoral races to ensure 
that the pro-Musharraf candidates were elected. Such government 
pressure was most evident in Lahore and Rawalpindi. In February 2001, 
the Government modified laws governing local elections to permit 
minorities to vote for district and township mayoral positions on a 
joint-electorates basis.
    The Musharraf government did not ban political parties, and the 
parties active prior to the 1999 coup, including the Pakistan Muslim 
League (which was led by former Prime Minister Nawaz Sharif) continued 
some activities. During the year, the Government forced the PPP and 
PML-N to elect leaders other than Benazir Bhutto and Nawaz Sharif by 
refusing to register any parties whose leaders had a court conviction. 
The Government also amended the Political Parties Act to bar any person 
from becoming Prime Minister for a third time. This amendment 
effectively barred Benazir Bhutto and Nawaz Sharif from power.
    The Government permitted progovernment and religious parties to 
assemble and hold processions; however, other political parties often 
were denied permission to stage political events (see Section 2.b.). 
The Government arrested 3,000 persons in opposition political parties 
during the year. On March 23, police detained 400 leaders and workers 
of the Alliance for the Restoration of Democracy (ARD) to prevent them 
from attending an opposition rally in Lahore. In March 2000, President 
Musharraf issued an ordinance banning all political gatherings held 
outdoors (see Section 2.b.). The ban remained in effect at year's end. 
The National Accountability Ordinance (NAO) prohibits those convicted 
of corruption under the NAO from holding political office for 10 years 
(see Section 1.d.). In August 2000, the Government amended the 
Political Parties Act to disqualify automatically anyone with a court 
conviction from holding party office. Legal observers expressed concern 
over the concentration of power in the NAO, the fact that NAO chairmen 
have all been members of the military, and the presumption of guilt in 
accountability cases.
    Because of a longstanding territorial dispute with India, the 
political status of the northern areas--Hunza, Gilgit, and Baltistan--
was not resolved. As a result, more than 1 million inhabitants of the 
northern areas were not covered under the Constitution and have had no 
representation in the federal legislature. An appointed civil servant 
administers these areas; an elected Northern Areas Council serves only 
in an advisory capacity and has no authority to change laws or to raise 
and spend revenue.
    There are 60 of women in the 342-seat National Assembly; there is 
one woman in the Cabinet; and none in the Supreme Court. During 2001 
the Musharraf government set aside one-third of the seats in the local 
council elections for female candidates. During the year, the NRB 
enacted electoral reforms that include the tripling of National 
Assembly seats reserved for women. According to the Election 
Commission, 2,621 women competed for 1,867 reserved seats at the 
district level in 2001. In some districts, social and religious 
conservatives prevented women from becoming candidates; however, in 
several districts, female candidates were elected unopposed. Women 
participate in large numbers in elections, although some are dissuaded 
from voting by family, religious, and social customs. In districts of 
the NWFP and southern Punjab's tribal areas, conservative religious 
leaders lobbied successfully to prevent women from contesting elections 
or casting ballots. According to press reports, female voters were 
threatened and their families intimidated from voting and running for 
office. In October the MMA coalition of religious parties declared that 
the families of women who voted in NWFP would be fined. Prime Minister 
Jamali has one female minister and one female special advisor. 
Provincial governors appointed by President Musharraf also have named 
women to serve in provincial cabinets.
    There are 10 minorities in the 342-seat legislature; there are none 
in the Cabinet; and there are none in the Supreme Court. The Government 
distinguished between Muslims and non-Muslims with regard to politics 
and political rights (see Section 2.c.). Furthermore, according to the 
Constitution, the President and the Prime Minister must be Muslim. The 
Prime Minister, federal ministers, and ministers of state, as well as 
elected members of the Senate and National Assembly (including non-
Muslims) must take an oath to ``strive to preserve the Islamic 
ideology, which is the basis for the creation of Pakistan.'' Electoral 
reforms prepared during the year eliminated the separate electorate 
system for religious minorities. In addition to joint electorates, 
minorities could vote for reserved at-large candidates who would 
represent their groups. The Musharraf government restored the 
conditions for voting as outlined in the Constitution; however, 
pressure from religious groups led the Government to declare that 
Muslim voters had to sign an oath to declare the finality of the 
prophet Mohammed. Voters who did not sign the oath would be put on a 
separate electoral roll in the same constituency. This requirement 
singled out Ahmadis. Under the previous electoral system, minorities 
voted for reserved at-large seats, not for nonminority candidates who 
represent actual constituencies. Under Article 106 of the Constitution, 
minorities also had reserved seats in the provincial assemblies (see 
Section 2.c.).
    Prior to 1997, in keeping with local traditions, tribal leaders, or 
maliks, appointed in the governor's name by the central government's 
political agents in each agency, elected the FATA National Assembly 
members. In accordance with the Government's general ban on political 
party activities in the FATA, candidates were not allowed to register 
by political party, and political party rallies were not allowed. 
However, several political parties did campaign covertly. Tribal 
members, including large numbers of women in some areas, registered to 
vote despite campaigns by some tribes against their participation. 
However, on election day far fewer registered women than registered men 
actually voted.

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, they are 
required to be licensed. Government officials often were cooperative 
and responsive to their views. Human rights groups reported that they 
generally had good access to police stations and prisons. The 
Government cooperated with international and local NGOs in a number of 
high profile cases, including the Merrwala gang rape incident. These 
NGOs provided access to international organizations and helped to 
spearhead investigations into the incident. The Government provided 
protection to human rights lawyers defending accused blasphemers 
following threats and attacks on the lawyers by religious extremists. 
In early June 2001, the Human Rights Commission of Pakistan called on 
the Government to end the harassment of HRCP employees by lower level 
functionaries. The HRCP also accused government officials of launching 
tax investigations against HCRP employees who had been critical of 
government policies.
    The Musharraf government made some attempts to ease some of the 
previous government's restrictions on NGOs. President Musharraf 
appointed several persons with prominent NGO backgrounds to his 
Cabinet, and many NGO workers reported a smooth working relationship 
with the Government during the year. The new government in Punjab under 
President Musharraf also lifted the previous ban on NGO registration.
    International observers were permitted to visit the country and 
travel freely. Several international organizations, focused on refugee 
relief, maintained permanent offices in the country, although some 
reported difficulty in securing visas for their foreign staff. Also, 
during the October elections, international observers were present at 
various numbers of polling stations; however, some reported obstruction 
of their mission by the Government.
    The Ministry of Human Rights, a department within the Ministry of 
Law, Justice, Human Rights, and Parliamentary Affairs, finalized and 
began limited implementation of a reform program for jails. During the 
year, it increased its capacity to collect and catalog reports of human 
rights abuses. However, the department is not viewed as effective by 
human rights observers. The Government has failed to take follow-up 
action on the 1997 report of the Commission of Inquiry for Women.
    The Government made some limited progress towards achieving the 
other human rights goals, after an April 2000 conference on human 
rights. In late April 2001 former President Tarar issued an amendment 
ordinance to the citizenship law to enable women married to foreigners 
to claim citizenship for their children (see Section 5). The Government 
inaugurated a National Commission on the Status of Women in September 
2000.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution provided for equality before the law for all 
citizens and broadly prohibited discrimination based on race, religion, 
caste, residence, or place of birth; however, in practice there was 
significant discrimination based on these factors.

    Women.--Domestic violence was a widespread and serious problem. 
Human rights groups estimated that a large number of women were victims 
of domestic violence at the hands of their husbands, in-laws, or other 
relatives. According to the HRCP one out of every two women was the 
victim of mental or physical violence. The Parliamentary Commission of 
Inquiry for Women reported in 2001 that violence against women ``has 
been described as the most pervasive violation of human rights'' in the 
country, and it called for legislation clearly stating that domestic 
violence against women is a criminal offense. Husbands were known to 
kill their wives even for trivial offenses, and often newly married 
women were abused and harassed by their in-laws. While abusers may be 
charged with assault, cases rarely were filed. Police usually returned 
battered women to their abusive family members. Women were reluctant to 
file charges because of societal mores that stigmatize divorce and make 
women economically and psychologically dependent on their relatives. 
Relatives also were reluctant to report abuse to protect the reputation 
of the family. There are no specific laws pertaining to domestic 
violence, except for the Qisas and Diyat ordinances, which rarely were 
invoked and may privatize the crime. However, Qisas and Diyat cannot be 
invoked where the victim was a direct lineal descendant of the 
perpetrator. Police and judges tended to see domestic violence as a 
family problem, and were reluctant to take action in such cases. Thus 
it was difficult for women to obtain relief from the justice system in 
cases of domestic violence.
    During the year, the press reported on hundreds of incidents of 
violence against women and drew attention to the killings of married 
women by relatives over dowry or other family-related disputes. Most of 
the victims were burned to death, allegedly in kitchen stove accidents; 
some women reportedly were burned with acid. During 2001, 471 dowry 
deaths were reported, but according to one NGO, only 60 to 70 percent 
of such cases are reported. During the year, 317 burn cases were 
reported to the Progressive Women's Association (PWA). Human rights 
monitors asserted that many cases were not reported by hospitals and 
that, even when they were, the police were reluctant to investigate or 
file charges. Furthermore, human rights monitors agree that most 
``stove deaths'' in fact are killings based upon a suspicion of illicit 
sexual relationship or upon dowry demands. Increased media coverage of 
cases of wife burnings, spousal abuse, spousal killing, and rape has 
helped to raise awareness about violence against women.
    By year's end, The Crisis Center for Women in Distress helped 89 
women through legal and medical referrals, counseling from trained 
psychologists, and a hotline for women in distress. A second crisis 
center in Vehari, in southern Punjab, opened in 1998.
    Rape was a pervasive problem. In 2001 the HRCP estimated that at 
least eight women, five of them minors, were raped every day, and more 
than two-thirds of those were gang-raped. The law provides for the 
death penalty for persons convicted of gang rape. No executions have 
been carried out under this law and conviction rates remain low. It is 
estimated that less than one-third of all rapes are reported to the 
police. Police rarely respond to and sometimes are implicated in these 
attacks (see Section 1.c.). On June 22, a woman in Meerwala, Punjab was 
gang-raped on the orders of a council of tribal elders (see Section 
1.d.).
    According to HRCP, in most rape cases the victims are pressured to 
drop charges because of the threat of Hudood adultery or fornication 
charges against them if they cannot prove the absence of consent. All 
consensual extramarital sexual relations are considered violations of 
the Hudood Ordinances, and carry Hadd (Koranic) or Tazir (secular) 
punishments (see Section 1.e.). Accordingly, if a woman cannot prove 
the absence of consent, there was a risk that she may be charged with a 
violation of the Hudood ordinances for fornication or adultery. The 
Hadd--or maximum punishment for this offense--was public flogging or 
stoning; however, for Hadd punishments to apply, especially stringent 
rules of evidence were followed. Hadd punishments were mandatory if 
evidentiary requirements were met; for sexual offenses, four adult male 
Muslims must witness the act or the alleged perpetrator must confess. 
For non-Muslims or in cases where all of the 4 male witnesses were not 
Muslim, the punishment was less severe. The testimony of four female 
witnesses, or that of the victim alone, was insufficient to impose Hadd 
punishments; therefore, even if a man rapes a woman in the presence of 
several women, he cannot be subjected to the Hadd punishment. If Hadd 
punishment requirements were not met, the accused may be sentenced to a 
lesser class of penalties (Tazir); in practice most rape cases were 
tried at this level. Under Tazir a rapist may be sentenced to up to 25 
years in prison and 30 lashes. No Hadd punishment has been applied in 
the more than 20 years that the Hudood ordinances have been in force. 
For Tazir punishments, there was no distinction between Muslim and non-
Muslim offenders.
    According to an HRCP lawyer, the Musharraf government has brought 
fewer charges against women under the Hudood Ordinance than were 
brought in the past, and the courts have shown greater leniency toward 
women in their sentences and in the granting of bail. According to AI, 
men accused of rape sometimes were acquitted and released, while their 
victims were held on adultery charges.
    According to a 2001 HRW report, women face difficulty at every 
level of the judicial system in bringing rape cases to trial. Police 
are reluctant to take the complaint and sometimes are abusive toward 
the victim; the courts do not have consistent standards of proof as to 
what constitutes rape and what corroboration is required; and judges, 
police, and prosecutors are biased against female rape victims, tending 
towards a presumption of female consent and the belief that women lie 
about such things. Judges on the whole reportedly were reluctant to 
convict; however, if there was some evidence, judges have been known to 
convict the accused of the lesser offense of adultery or fornication 
(consensual sex). In 2001 HRW also reported that women face problems in 
the collection of evidence; that the doctors tasked to examine rape 
victims often believe that the victims are lying; that the doctors were 
trained insufficiently and have inadequate facilities for the 
collection of forensic evidence pertaining to rape; that they do not 
testify very effectively in court; and that they tend to focus on the 
virginity status of the victim, and, due either to an inadequate 
understanding of the need for prompt medical evaluations or to 
inadequate resources, often delay the medical examinations for many 
days or even weeks, making any evidence that they collect of dubious 
utility. Medical examiners and police personnel sometimes are abusive 
physically or verbally during these exams, especially in cases where a 
woman is charged with adultery or fornication (for which an exam may be 
requested) and does not wish to be examined (such women, despite the 
fact that by law they should not be examined without their consent, 
have been examined, and even have been beaten for their refusal to be 
examined). Police and doctors often do not know that a woman must 
consent to this type of exam before it can be performed, and judges may 
not inform women of their right to decline. If they report rape to the 
police, women's cases often are delayed or mishandled, and women 
frequently were harassed by police or the alleged perpetrators to drop 
the case. Police sometimes accept bribes from the accused rapist to get 
the victim to drop a case; however, in other cases, police will request 
bribes from the victim to pursue the case against the accused rapist. 
Police tend to investigate the cases poorly, and may not inform women 
of the need for a medical exam or may stall or block women's attempts 
to obtain one.
    The Parliamentary Commission of Inquiry for Women in 2001 
criticized Hudood Ordinances relating to extramarital sex and 
recommended that they be repealed, asserting that they are based on an 
erroneous interpretation of Shari'a. The Commission charged that the 
laws on adultery and rape have been subject to widespread misuse, with 
95 percent of the women accused of adultery being found innocent either 
in the court of first instance or on appeal. However, the Commission 
pointed out that, by that time, the woman may have spent months in 
jail, suffered sexual abuse at the hands of the police, and seen her 
reputation destroyed. According to one human rights monitor, 80 percent 
of adultery-related Hudood cases were filed without supporting 
evidence. The Commission found that the main victims of the Hudood 
Ordinances are poor women who were unable to defend themselves against 
slanderous charges. These ordinances also have been used by husbands 
and other male family members to punish their wives and female 
relatives for reasons having nothing to do with sexual propriety, 
according to the Commission. One NGO run by a prominent human rights 
activist reported that 262 women were on trial for adultery in Lahore 
as of May 2001. An additional 33 were awaiting trial and 26 had been 
convicted under the Hudood Ordinances in 2001, the most recent 
statistics available.
    Marital rape is not a crime. The Hudood Ordinances abolished 
punishment for raping one's wife. However, the Commission of Inquiry 
for women has recommended reinstating penalties for marital rape. 
Marriage registration (nikah) sometimes occurs years before a marriage 
is consummated (rukh sati). The nikah (unconsummated) marriage is 
regarded as a formal marital relationship, and thus a woman or girl 
cannot be raped by a man to whom her marriage is registered, even if 
the marriage has not yet been entered into formally.
    There were numerous reports of women killed or mutilated by male 
relatives who suspected them of adultery. Few such cases were 
investigated seriously and those who are arrested often were acquitted 
on the grounds that they were ``provoked,'' or for a lack of witnesses. 
While the tradition of killing those suspected of illicit sexual 
relations, in order to restore tribal or family honor women are far 
more likely to be killed than men. The HRCP estimated in 2001 that as 
many as 204 women were killed by their husbands or family, mostly as a 
result of honor killings, known as ``karo/kari'' (or adulterer/
adulteress) in Sindh. Around 278 honor killings took place in Punjab 
according to the HCRP. More than 800 women were killed by family 
members in honor killings during 2001. The problem was believed to be 
even more extensive in rural Sindh and Baluchistan, where ``karo/kari'' 
killings were common. Tribal custom among the Baluch and the Pathans 
sanctions such killings. The Commission of Inquiry for Women has 
rejected the concept of ``honor'' as a mitigating circumstance in a 
murder case and recommended that such killings be treated as simple 
murder. Women who were the victims of rape may become the victims of 
their families' vengeance against the victims' ``defilement.'' The 
Government failed to take action in honor killing cases, particularly 
when influential families were involved. In April 2001 Mehvish Miankhel 
was killed by her uncle and the Government did not arrest her attacker.
    Female genital mutilation (FGM) is practiced by the Bohra Muslims. 
There are an estimated 100,000 Bohra Muslims in the country; the Bohra 
observe a form of Shi'a Islam that was practiced in medieval Cairo. 
There were no available statistics on the extent to which the Bohra 
practice FGM; however, the practice of FGM in the Bohra community 
reportedly has declined in the last few years.
    Sexual harassment is a widespread problem in the country but there 
is no separate law to prosecute offenders. There is one article in the 
Pakistan Penal Code that deals with harassment.
    Significant barriers to the advancement of women begin at birth. In 
general female children are less valued and cared for than are male 
children. According to a U.N. study, girls receive less nourishment, 
health care, and education than do boys. In June, the New York Times 
reported that the country has only 94 females for every 100 males, when 
the international average is 104 females for every 100 males.
    Human rights monitors and women's groups believe that a narrow 
interpretation of Shari'a has had a harmful effect on the rights of 
women and minorities, as it reinforces popular attitudes and 
perceptions and contributes to an atmosphere in which discriminatory 
treatment of women and non-Muslims is accepted more readily.
    The value of women's testimony is not equal to that of a man's in 
certain court cases tried under the Hudood Ordinances or before a 
federal Shariat Court (see Section 1.e.).
    In inheritance cases women generally do not receive--or are pressed 
to surrender--the share of the inheritance they legally are due.
    Civil marriages do not exist; marriages were performed and 
registered according to one's religion. Upon conversion to Islam, the 
marriages of Jewish or Christian men remain legal; however, upon 
conversion to Islam, the marriages of Jewish or Christian women, or of 
other non-Muslims, that were performed under the rites of the previous 
religion are considered dissolved (see Section 2.c.). Children born to 
Jewish or Christian women who convert to Islam after marriage were 
considered illegitimate only if their husbands do not also convert, and 
if women in such cases do not separate from their husbands.
    Both civil and religious laws theoretically protect women's rights 
in cases of divorce, but many women are unaware of their rights, and 
often the laws were not observed. One NGO reported that legal literacy 
is constrained by the lack of laws printed in local languages. Judicial 
reforms begun in April with foreign funding included plans to publish 
laws in Urdu, which is understood by the majority of citizens; some 
laws had been published in Urdu as of year's end. The Parliamentary 
Commission of Inquiry for Women recommended that marriage registration 
(nikahnama) be obligatory and that women, as well as men, have the 
right to initiate divorce proceedings. It also called for the 
punishment of those who coerce women or girls into forced marriages. A 
husband legally is bound to maintain his wife until 3 months after the 
divorce. A father is bound to maintain his children until they reach 
the age of 14 for males, or 16 for females. However, the legal process 
is so complicated and lengthy that it can take years for the children 
to get maintenance.
    Discrimination against women particularly is acute in rural areas. 
In some areas of rural Sindh and Baluchistan, female literacy rates 
were 2 percent or less. A survey of rural females by the National 
Institute of Psychology found that 42 percent of parents cited ``no 
financial benefit'' as the reason they kept their daughters from 
attending school and sent their sons instead. Similarly a study by the 
NWFP directorate of primary education concluded that most girls in 
rural areas do not go to school because they have to look after the 
household while their mothers help in the fields. In Karachi only 28 
percent of girls completing matriculation (10th grade) exams in science 
during the year would be able to find places in government-run 
colleges, as opposed to 83 percent of boys passing the same tests. In 
Baluchistan conditions were much worse, with only 2 percent of the 
province's women having received any formal education. Education 
activists noted that many parents would like to educate their 
daughters; however, many parents reportedly chose not to send their 
daughters to school due to the poor quality of instruction and the lack 
of facilities.
    In rural areas, the practice of a woman ``marrying the Koran'' 
still was accepted widely if the family cannot arrange a suitable 
marriage or wants to keep the family wealth intact. A woman ``married 
to the Koran'' is forbidden to have any contact with males more than 14 
years of age, including her immediate family members. Press reports 
indicate that the practice of buying and selling brides still occurs in 
parts of the NWFP and the Punjab.
    A special three-member bench of the Lahore High Court upheld in 
1997 the federal Shariat Court's ruling that a Muslim woman can marry 
without the consent of her wali (guardian--usually her father). 
However, in practice social custom dictates that couples are to marry 
at the direction of family elders. When this custom was violated, 
especially across ethnic lines, violence against the couple may result, 
and the authorities generally failed to prosecute such cases 
vigorously.
    Although a small number of women study and teach in universities, 
postgraduate employment opportunities for women largely remain limited 
to teaching, medical services, and the law. Nevertheless an increasing 
number of women are entering the commercial and public sectors.
    Women's organizations operate primarily in urban centers. Many 
concentrate on educating women about existing legal rights. Other 
groups concentrate on providing legal aid to poor women in prison who 
may not be able to afford an attorney.
    In 2001 an amendment ordinance to the citizenship law was issued 
which enabled women married to foreigners to claim citizenship for 
their children.

    Children.--The Government, through its laws and programs, does not 
demonstrate a strong commitment to children's rights and welfare. There 
is no federal law on compulsory education, and neither the federal nor 
provincial governments provide sufficient resources to assure universal 
education. The education system is in disarray, with studies showing 
that only 65 to 70 percent of children under the age of 12 are enrolled 
in school, less than half of whom actually complete primary school. A 
reported 10,000 schools have closed in recent years due to a lack of 
teachers. Even those children who go to school are not assured of being 
able to read and write. According to UNICEF figures in 2001, a 
nationwide sample of children in grade five revealed that only 33 
percent could read with comprehension, while a mere 17 percent were 
able to write a simple letter. Development experts point to a number of 
factors for the poor state of public education, including the low 
percentage of gross national product devoted to education and 
inefficient and corrupt federal and provincial bureaucracies. Those 
fortunate enough to pursue higher education often face inordinate 
delays in receiving the results of final exams.
    Information about progress in educating girls was contradictory. A 
survey in 2001 found that the enrollment rate for girls under age 12 
was 65 percent, which was less than that of boys (75 percent), but 
considerably higher than the 1990 figure of 50 percent. Since official 
government figures count at most 1.5 million school-age children in 
public and private schools and madrassahs in Karachi (of an estimated 4 
million or more between the ages of 5 and 14), enrollment figures of 65 
and 75 percent are difficult to substantiate. The female literacy rate 
has doubled during the past two decades, although, at roughly 27 
percent, it was just more than half that of males.
    Education was a provincial responsibility. In previous years, 
comprehensive surveys were performed to identify school buildings that 
were being misused as well as the large numbers of teachers and 
administrators who were not performing their duties or even showing up 
for work. Administrative action against these ``ghost schools'' began, 
and the Government was better placed to ensure that its education 
budget was not misused. The Punjab government also worked closely with 
both international and local NGOs to improve primary and secondary 
education. However, no legal action was taken against those found 
responsible for the misuse of government property. In August 2001, a 
former provincial official reported that a survey revealed that half of 
the third grade teachers at one school in Punjab did not know their 
multiplication tables. Nevertheless, the official claimed the Punjab 
government refused to dismiss unqualified teachers.
    In June the Government announced a new ordinance regulating 
madrassahs under a voluntary registration program that included the 
setting up of model schools, the setting of teacher training standards, 
and the standardization of the curricula in participating schools to 
include general education subjects. A board was to be set up to enforce 
the regulations, oversee participating schools, and control all 
internal and external funding for participating schools. Religious 
clerics objected to any government regulation of the madrassahs and as 
a result, the Government withdrew most of the requirements and ceased 
to pursue madrassah reform.
    According to press reports, there are several madrassahs where 
children were confined illegally and kept in unhealthy conditions, and 
there were reports of the abuse of children studying at madrassahs 
during the year. Sexual abuse of boys was believed widely to occur at 
some madrassahs.
    Health care services, like education, remained seriously inadequate 
for the nation's children. Children suffered a high rate of preventable 
childhood diseases. According to the National Institute of Child Health 
Care, more than 70 percent of deaths between birth and the age of 5 
years were caused by easily preventable ailments such as diarrhea and 
malnutrition. Public health administration suffers from poor 
management, lack of accountability, unreliable or falsified statistics, 
and lack of cooperation among agencies. In 2001 30 million children 
under the age of 5 were targeted for polio vaccinations. According to 
the Extended Program for Immunizations, 27 million children were 
successfully vaccinated. Only 116 cases of polio were reported in 2001. 
The International Labor Organization (ILO) reported that 8 percent of 
children suffer from iron deficiency and 30 to 40 percent of children 
in the country suffer from stunted growth. According to a family-
planning NGO, up to 50 percent of children were born iodine-deficient, 
resulting in high rates of mental retardation.
    Children sometimes were kidnaped to be used as forced labor, for 
ransom, or to seek revenge against an enemy (see Section 6.d.). In July 
in Punjab eight girls were forced to marry significantly older men in a 
rival family, in exchange for commuted death sentences on members of 
their families. In rural areas, it is a traditional practice for poor 
parents to give children to rich landlords in exchange for money or 
land, according to human rights advocates. These children frequently 
were abused by these landlords and held as bonded laborers for life. 
Landlords also have been known to pay impoverished parents for the 
``virginity'' of their daughters, whom the landlords then rape. 
Incidents of rape were common. A UNICEF-sponsored study of Punjab found 
that 15 percent of girls reported having been abused sexually. Sexual 
abuse of boys was more common in segments of society where women and 
girls traditionally remain within the home. According to a local NGO, 
459 boys and 615 girls were reported to have been sexually abused 
during 2001.
    The HRCP reported that in the majority of child abuse cases, 
children were abused by acquaintances. There were credible reports of 
boys being sexually abused in a jail located in Punjab province in 
2000. Child prostitution involving boys and girls widely is known to 
exist but rarely is discussed (see Section 6.f.). All forms of 
prostitution were illegal, and a person who abducted a child under the 
age of 10 and committed sexual assault may be sentenced to death. The 
Shabab-i-Milli, the youth wing of the Jaamat-i-Islami party, launched a 
campaign in May 2000 to combat child prostitution by raising public 
awareness of the problem. The Commission of Inquiry for Women has 
observed that child sexual abuse is a subject that ``has been virtually 
ignored'' and called for a public education campaign on the subject, 
including introducing it into school curriculums and training nurses 
and doctors in how to handle such cases.
    Children's rights theoretically were protected by numerous laws 
that incorporate elements of the U.N. Convention on the Rights of the 
Child. In September 2001, the Government signed the Optional Protocols 
to the Convention on the Rights of the Child on Involvement of Children 
in armed conflict and the Rights of the Child on the Sale of Children, 
Child Prostitution, and Child Pornography. However, the Government 
frequently failed to enforce these laws.
    In July 2000, the Government passed the Juvenile Justice System 
Ordinance. The ordinance abolished the death penalty for minors under 
18 years of age, mandates that the Government provide children with 
legal assistance, prohibited children from being tried for crimes with 
adults, and prohibited the proceedings of juvenile courts from being 
published.
    Trafficking in children is a serious problem (see Section 6.f.).
    Child labor is a significant problem (see Section 6.d.).
    There are several NGOs that promote children's labor rights and 
child protections, operating in Islamabad, and in the provinces.

    Persons with Disabilities.--There are no laws requiring equal 
accessibility to public buildings for persons with disabilities. The 
vast majority of persons with physical and mental disabilities are 
cared for by their families. However, in some cases these individuals 
are forced into begging; organized criminal ``beggarmasters'' skim off 
much of the proceeds. Parents reportedly have given children as 
offerings to Baba Shah Dola, a shrine in Punjab where the children 
reportedly are deformed intentionally by clamping a metal form on the 
head that induces microcephalitis. Some human rights organizations 
asked local authorities to investigate this practice; however, there 
have been no investigations. There is a legal provision requiring 
public and private organizations to reserve at least 2 percent of their 
jobs for qualified persons with disabilities. Organizations that do not 
wish to hire persons with disabilities instead can give a certain 
amount of money to the Government treasury, which goes into a fund for 
persons with disabilities. This obligation rarely was enforced. The 
National Council for the Rehabilitation of the Disabled provides some 
job placement and loan facilities.
    Mentally ill prisoners normally lack adequate care and were not 
segregated from the general prison population (see Section 1.c.).

Section 6. Worker Rights

    a. The Right of Association.--The Industrial Relations Ordinance 
(IRO) permits industrial workers to form trade unions subject to major 
restrictions in some employment areas. However, the International 
Confederation of Free Trade Unions (ICFTU) reported the IRO only covers 
companies that employ 50 or more persons, and that companies sometimes 
subdivided their workforces into artificial subsidiaries (while keeping 
them all on the same premises) to evade the IRO. The Essential Services 
Maintenance Act (ESMA) covers the state administration, government 
services, and state enterprises such as oil and gas production, 
electricity generation and transmission, the state-owned airline, the 
national railroad, and ports. Workers in these sectors are allowed to 
form unions. However, the ESMA sharply restricts normal union 
activities, usually prohibiting, for example, the right to strike in 
affected organizations. A worker's right to quit also may be curtailed 
under the ESMA. For each industry subject to the ESMA, the Government 
must make a finding, renewable every 6 months, on the limits of union 
activity.
    An amendment to the IRO states that: 1) Only employees of the 
represented industry can hold office in a trade union; and 2) 
federations formed by trade unions cannot bargain with individual 
employers; each union has to bargain for itself. The first provision 
disadvantages smaller unions, which may not have enough officers 
capable of bargaining. The second provision is an attempt to weaken the 
power of the federations. This amendment has been challenged by the 
trade unions and, as a result, has not yet come into force. An 
amendment to the IRO states that unions which received less than 15 
percent of worker's votes were to be dissolved automatically and their 
registrations canceled. No action has been taken to implement these 
elements.
    The ILO has stated repeatedly that the country's law and practice 
violate the Government's commitments under ILO Convention 87. The ILO 
has urged the Government to lift prohibitions against union activity by 
teachers, radio, television, railway, forestry, hospital, banking, and 
other government employees, as well as to rescind the existing ban on 
strikes. The ILO also expressed concern about the practice of 
artificial promotions that exclude workers from the purview of 
Convention 111. In response to a government request, the ILO has 
provided technical assistance to help bring the country's labor laws 
into conformity with the ILO's conventions. However, no legislative 
action has been taken.
    Unions may belong to federations, and there are eight major 
federations. The Government permits trade unions across the political 
spectrum. While many unions remain aloof from politics, some are 
associated with political parties. Unions associated with opposition 
parties are allowed to carry on their activities freely. During the 
local government elections, unions fielded candidates for labor 
councilor positions.
    The IRO prohibits antiunion discrimination by employers. Under the 
law, private employers are required to reinstate workers fired for 
union activities. However, in practice, such redress has not been 
available to workers, because workers usually do not pursue redress 
through the courts due to the fact that the legal system was slow, 
prohibitively expensive, and often corrupt.
    Federations were free to affiliate with international federations 
and confederations. Pakistani trade unions belong to the ICFTU and to 
secretariats affiliated with the ICFTU.
    The United States revoked the Generalized System of Preferences 
trade benefits in 1996 for certain goods, such as leather sporting 
goods, surgical instruments, and hand-loomed carpets, due to failure to 
make progress on various worker rights issues including child labor 
(see Section 6.d.).

    b. The Right to Organize and Bargain Collectively.--The right of 
industrial workers to organize and freely elect representatives to act 
as collective bargaining agents is established in law. In general legal 
unions have the right to bargain collectively. However, the many 
restrictions on forming unions (see Section 6.a.) preclude collective 
bargaining by large sections of the labor force.
    There is no provision allowing agricultural workers to unionize as 
they are not defined as ``an industry.'' Water and power workers may 
engage in ``responsible trade unionism.''
    According to government estimates, union members make up 
approximately 10 percent of the industrial labor force and 3 percent of 
the total estimated work force. Unions claimed that the number of union 
members was underestimated.
    Legally required conciliation proceedings and cooling-off periods 
constrain the right to strike, as does the Government's authority to 
ban any strike that may cause ``serious hardship to the community'' or 
prejudice the national interest. The Government also may ban a strike 
that has continued for 30 days. The rare strikes that did occur were 
generally short and illegal. Police do not hesitate to crack down on 
worker demonstrations. The law prohibits employers from seeking 
retribution against leaders of a legal strike and stipulates criminal 
penalties for offenders. Under the Industrial Relations Ordinance of 
2002, courts only may impose fines for violations of this provision; 
imprisonment no longer is permitted. The level of fines has been 
increased. The law does not protect leaders of illegal strikes. There 
were no strikes during the year, and some labor leaders attribute this 
to the ban on strikes by large unions, such as Pakistan Railways and 
Pakistan International Airways (PIA). The ICFTU reported in 2001 that 
the Government also suspended union activities, including canceling 
collective bargaining agreements and closing union offices, at PIA.
    The ESMA also restricts collective bargaining. For each industry 
subject to the ESMA, the Government must make a finding, renewable 
every 6 months, on the limits of union activity. In cases in which the 
Government prohibits collective bargaining, special wage boards decide 
wage levels.
    The special wage boards were established at the provincial level 
and were composed of representatives from industry, labor, and the 
provincial labor ministry, which provided the chairman. Despite the 
presence of labor representatives, unions generally were dissatisfied 
with the boards' findings. Disputes were adjudicated before the 
National Industrial Relations Commission. A worker's right to quit also 
may be curtailed. Dismissed workers have no recourse to the labor 
courts.
    The ESMA exempts export promotion zones (EPZs) from the IRO's 
granting of workers the right to form trade unions. The workers in EPZs 
have no protection against employer interference or anti-union 
discrimination. There was only 1 EPZ, in Karachi, with nearly 6,000 
employees, according to government sources.

    c. Prohibition of Forced or Bonded Labor.--The Government prohibits 
forced or bonded labor, including by children; however, the Government 
did not enforce these prohibitions effectively. Critics argue that the 
ESMA's limitation on worker rights, especially the right to quit, 
constitutes a form of compulsory labor. The ILO objected to this as a 
violation of Convention 29. The Government responded that the 
maintenance of essential services is required for the defense and 
security of the country, and that continued reviews have limited these 
services to a few core areas such as electricity generation and 
distribution, and air and sea ports.
    The Bonded Labor System (Abolition) Act (BLAA) outlawed bonded 
labor, canceled all existing bonded debts, and forbade lawsuits for the 
recovery of existing debts. The act makes bonded labor by children 
punishable by up to 5 years in prison and up to $900 (PKR 50,000) in 
fines. However, provincial governments, which are responsible for 
enforcing the law, have failed to establish enforcement mechanisms. 
Strong social ties between employers and public officials at the local 
level further undercut the law's effectiveness. In addition the law is 
written in English and frequently is incomprehensible to persons it is 
intended to protect. Some provincial laws appeared to violate the BLAA.
    It is likely that handmade bricks and hand-woven wool carpets were 
produced with forced or indentured child labor. Illegal bonded labor is 
widespread. It was common in the brick, glass, and fishing industries 
and was found among agricultural and construction workers in rural 
areas. The Government undertook a survey of bonded labor during the 
year that was to be completed in 2002. Bonded laborers often were drawn 
from the ranks of the unskilled, low-caste, and often non-Muslim. The 
Bonded Labor Liberation Front (BLLF), an NGO that advocated for the 
rights of bonded laborers and provided a safe haven and educational and 
vocational training for those who have escaped their bondage, reported 
that it had freed about 1,000 bonded brick kiln workers. Bonded labor, 
including bonded child labor, reportedly is used in the production of 
carpets for export under the peshgi system, by which a worker was 
advanced money and raw materials for a carpet he promises to complete 
(see Section 6.d.). The lack of education among bonded laborers 
deprived them of the ability to perform the necessary calculations to 
know when they have paid their debts to bondholders. Bonded laborers 
who escape often face retaliation from former employers. In March 2000, 
the Lahore High Court ordered the release of 24 brick kiln workers, 
including 10 women and children. According to press accounts, the 
laborers were kept in chains, were not compensated for their work, and 
were beaten frequently. Press reports indicate that there were similar 
numbers of bonded labors freed during the year. Others returned to 
their former status after being freed because they lack the education, 
money, and mobility to seek a different livelihood. Although the police 
arrested violators of the law against bonded labor, many such 
individuals bribed the police to release them. Conservative estimates 
put the number of bonded workers at several million. The Government 
disputed that peshgi workers were ``bonded'' or ``forced'' laborers and 
argued that they were ``contract laborers'' who negotiate a salary 
advance in a free and open market.
    Human rights groups report that as many as 50 private jails housing 
some 4,500 bonded laborers were maintained by landlords in rural Sindh.
    The Constitution and the law prohibited slavery. However, in remote 
areas of rural Sindh, bonded agricultural labor and debt slavery have a 
long history. Landlords have kept entire families in private prisons 
and sold families to other landlords.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Government has adopted laws and promulgated policies 
to protect children from exploitation in the workplace; however, 
enforcement of child labor laws was lax and child labor was a serious 
problem. The Constitution prohibits the employment of children under 
age 14 years in factories, mines, and other hazardous occupations. The 
Employment of Children Act prohibits the employment of children under 
age 14 in certain occupations and regulates their conditions of work. 
Under this law, no child is allowed to work overtime or at night. 
Penalties for the violation of the act include fines of up to $300 (PKR 
20,000) or 1 year in prison. As of year's end, no one had ever received 
the maximum penalty. Child labor was common and resulted from a 
combination of severe poverty, employer greed, and inadequate 
enforcement of laws intended to control it. The Government issued a 
national policy to combat child labor and by year's end, the Ministry 
of Labor and Ministry of Social Welfare received $172,400 (PKR 100 
million) to fund the national child labor action plan. A board was been 
formed to launch projects to combat child labor, and provincial 
governments were asked to submit proposals during the year. In 
addition, every province has been asked to appoint an official 
responsible for child labor programs and initiatives, and a proposal 
has been submitted to Ministry of Labor to begin informal education 
centers for child workers.
    Only the Government and exporters regard the ILO 1996 survey as an 
accurate measurement of the incidence of child labor. Many observers 
believed that it understated the problem, and gave higher estimates of 
as many as 20 million child laborers. A recent ILO survey indicated 
that agriculture was the largest child labor industry; followed by the 
informal sector, which included domestic work, street vending, illegal 
work, and family businesses; hazardous work, such as the leather, 
surgical instruments, and brick kiln industries ranked third. The 
report also noted that when programs were developed to eliminate child 
labor in one industry, parents often shift their children to work in 
other industries.
    During a press conference in February 2000, the president of the 
Punjab Laborers Front stated that 100,000 children between the ages of 
5 and 12 years were working in more than 4,500 brick kilns in Punjab. 
The ILO, the Ministry of Labor, and the Federal Bureau of Statistics 
were scheduled to conduct a new survey during the year in more than 
30,000 households; this survey is to include the agricultural sector 
and rural areas where the worst forms of child labor often occur. The 
survey was expected to be completed in 2002; however, at year's end, 
the survey had not been completed.
    Child labor, mostly female, was common in the carpet industry, much 
it family-run. Carpet manufacturers, along with the ILO-IPEC, have 
established a program to eliminate child labor from the industry 
through monitoring and rehabilitation, which continued throughout the 
year. In 2001, 285 informal education centers had been set up. Of the 
9,519 children enrolled in the centers in 2001, 8,114 were active in 
the carpet industry and 1,405 were working siblings. In 2001, 30 new 
rehabilitation centers, capable of serving 950 children, were added to 
the existing 153 rehabilitation centers. The ILO runs a program that 
aimed to decrease child labor in the carpet industry by promoting 
educational opportunities for children. Its efforts have been extremely 
successful, and as a result, the demand for enrollment in public 
schools far exceeds the capacity of existing schools.
    Although surgical instrument manufacturers have acted to remove 
child laborers from their factories, child labor still occurs at 
rudimentary offsite filing and polishing centers run by subcontractors 
for low-end items. Almost all children working in the surgical 
instrument industry are male. According to the ILO and the Punjab 
Welfare Department in 2001, children constitute about 15 percent of the 
work force in the surgical instrument industry in Sialkot; 3,200 of 
these children are estimated to be under age 14. According to a June 
1999 report issued by Public Services International, the average age of 
children in the surgical instrument industry was 12. Children in the 
surgical instrument industry were prone to injuries from machinery and 
burns from hot metal, as well as respiratory illnesses from inhaling 
poisonous metal dust. The successful efforts to eliminate child labor 
in other industries have not been matched in the surgical instrument 
industry.
    Child labor was not regarded as a particular problem in the textile 
and apparel industries, but no specific studies of this sector have 
been performed.
    In response to international criticism, the Government began to 
push provincial authorities to enforce child labor laws. However, 
enforcement of these laws remained a problem. There were few child 
labor inspectors in most districts, and the inspectors often had little 
training and insufficient resources. They reportedly also were corrupt. 
By law inspectors also may not inspect facilities that employ less than 
10 persons; most child labor occurs in such facilities. Hundreds of 
convictions were obtained each year for violations of child labor laws, 
but low fines levied by the courts--ranging from an average of $6 (PKR 
364) in the NWFP to an average of $110 (PKR 7,280) in Baluchistan--were 
not a significant deterrent. The Employment of Children Act allows for 
fines of up to $275 (PKR 18,200). Penalties often were not imposed on 
those found to be violating child labor laws.
    Soccer ball manufacturers, importers, the ILO, and UNICEF have 
implemented a plan to eliminate child labor from the soccer ball 
industry. This project, based in Sialkot, monitors the production of 
soccer balls at established stitching centers, and set up as many as 
185 rehabilitation centers to educate former child laborers and their 
younger siblings. At the end of 2000, there were 153 rehabilitation 
centers, and an additional 70 centers were planned for the next 2 
years. The ILO child labor program has entered the phase out and 
assessment stage with a total 74 centers. This year they will begin 
closing them and assessing their impact on child labor. In addition, 
the project sought to identify unemployed adults, especially women, 
from the families of former child stitchers to take up stitching work 
and replace lost income. Women initially were reluctant to move from 
their homes to stitching centers.
    Under a memorandum of understanding with the Government, the ILO/
IPEC program in the country is involved with other child labor 
projects, beginning in 2001 and continuing at year's end. Projects in 
Sialkot include one in the surgical instruments industry and one in the 
nonformal (nonexporting) sectors. The ILO works with the Government, 
employers, workers, and NGOs to pursue the Government's policy and plan 
of action for child labor. The Government established 30 rehabilitation 
centers (50 are planned) for former child laborers through the Pakistan 
Bait-ul-Mal, the Government's social welfare fund. Each center educates 
120 children. The ILO created a similar program in conjunction with the 
European Union, specifically targeting child bonded laborers, and 
during the year the Government took charge of 18 centers begun by the 
European Union. In 1998 the ILO and the Swiss Agency for Development 
and Cooperation (SDC) launched a large project to combat child labor 
and child abuse in the NWFP. This program, which targets children in 
the automobile repair sector, aims to provide children with vocational 
training and informal education. During the year, this project was 
extended through 2005. It has targeted assistance to 720 children; so 
far, it has provided informal education to 160 children and pre 
vocational training to 393 others.
    The Child Care Foundation of Pakistan, a national NGO, was 
established in 1996 with support from the Ministry of Commerce. Other 
NGOs, such as the Pakistan Bait-ul-Mal, conduct programs to end child 
labor. Bait-ul-Mal, with funding from the Government and international 
organizations, operates 33 education centers for children known 
collectively as the National Center for the Rehabilitation of Child 
Labor. Parents of working children are offered compensation of $5 (PKR 
300) per month, plus a small daily stipend of approximately $0.08 (PKR 
5) in exchange for sending their children to school. Children in the 
centers receive free schooling, uniforms, books, and meals. However, 
many children apparently did not remain there for more than a year; the 
schools often were in areas far from their clients. The Bunyad Literacy 
Community Council and Sudhaar also run schools focusing on children who 
work in the soccer ball and carpet industries; their programs aim to 
transition children out of working and into mainstream schooling. Other 
local NGOs, such as the Society for the Protection of the Rights of the 
Child, are working to eliminate child labor.
    In August 2001, the Government ratified ILO Convention 182 on the 
worst forms of child labor.
    The law prohibits forced and bonded child labor; however, forced 
child labor was a problem. There were reports that children in juvenile 
detention facilities were required to work. Children at the Karachi 
Central Jail, who were imprisoned for crimes they committed, were 
detained with their parents, or were born in jail, reportedly were 
involved in woodcrafts and television repairs. Verifying these reports 
was difficult because of limited outside access to the jail.
    Children sometimes were kidnaped to be used for forced labor (see 
Section 5). Seventy percent of working children have the status of 
``unpaid family helpers.'' Observers also believed that the incidence 
of bonded labor among such children was significant, but there were no 
reliable figures available on this.

    e. Acceptable Conditions of Work.--Federal statutes applicable 
throughout the country govern labor regulations. The minimum wage for 
unskilled workers is $42 (PKR 2,500) per month, with only slightly 
higher minimum rates for skilled workers. It applies only to industrial 
and commercial establishments employing 50 or more workers and not to 
agricultural or other workers in the informal sectors. The national 
minimum wage usually does not provide a decent standard of living for a 
worker and family.
    Federal law provides for a maximum workweek of 48 hours (54 hours 
for seasonal factories) with rest periods during the workday and paid 
annual holidays. These regulations did not apply to agricultural 
workers, workers in factories with fewer than 10 employees, and 
contractors. Large numbers of workers do not enjoy these benefits. Many 
workers were unaware of their rights.
    Additional benefits required by the Federal Labor Code include 
official government holidays, overtime pay, annual and sick leave, 
health and safety standards in the workplace, health care, education 
for workers' children, social security, old age benefits, and a 
worker's welfare fund. Employees earning more than $47 (PKR 3,120) per 
month do not receive all of these benefits.
    The provinces have been ineffective in enforcing labor regulations 
because of limited resources, corruption, and inadequate regulatory 
structures. In general health and safety standards are poor. Although 
organized labor presses for improvements, the Government has done 
little and its efforts to enforce existing legal protection are weak. 
There is a serious lack of adherence to mine safety and health 
protocols. For example, mines often only have one opening for entry, 
egress, and ventilation. Workers cannot remove themselves from 
dangerous working conditions without risking loss of employment.
    In April 2001, the Government announced a labor reforms package. 
The package includes the introduction of voluntary group insurance, 
expansion of existing low-cost housing projects, an increase in 
monetary compensation for death or disability, and an increase in old 
age pensions. Government officials stated that progress in implementing 
the reform package was made by year's end. Labor leaders continued to 
criticize the reform package as too limited in scope.

    f. Trafficking in Persons.--The law prohibits trafficking in 
persons; however, trafficking in persons, especially in women, is a 
serious problem. The law prohibits the trafficking of women under age 
21 into the country for sexual purposes or kidnaping. The Constitution 
prohibits slavery and forced labor. The Government has done little to 
stem the flow of women trafficked into the country or to help victims 
of trafficking. For example, despite the estimated thousands of women 
involved, only 88 cases were registered in Sindh between 1990 and 1999. 
Of the 260 men and 110 women arrested, 87 were charged and only 7 were 
sentenced. The Government does not provide direct assistance to victims 
but does provide legal assistance and funding for NGOs that assist 
victims.
    Pakistan is a source, transit, and destination country for 
trafficking in women and children for sexual exploitation, but more 
significantly, for use as bonded labor. Thousands of women are 
trafficked into the country every year, mainly from Bangladesh. Smaller 
numbers of Burmese, Sri Lankan, Indian, Afghan, and Central Asian women 
also are trafficked into the country and some Pakistani women are 
trafficked overseas, mainly to Afghanistan or Saudi Arabia to work as 
prostitutes or domestic workers. East Asian and Bangladeshi women are 
trafficked through the country en route to other destinations. Internal 
trafficking of Pakistani women and Afghani refugees from rural areas to 
urban centers is a problem. Trafficking in women has occurred for 
decades; there likely are several hundred thousand trafficked women in 
the country. Press reports indicate that the buying and selling of 
brides persists in parts of the NWFP and Punjab.
    Foreign trafficking victims usually were deceived with false 
prospects of marriage or offers of legitimate jobs in the country. 
Traffickers also used force, abduction, threats, and coercion to entice 
and control trafficking victims. Traffickers generally were affiliated 
with powerful criminal interests. There have been some reports of lower 
level official complicity and corruption with regard to trafficking. 
The border police, immigration officers, customs officials, police, and 
other officials (including members of the judiciary), reportedly 
sometimes facilitated trafficking in return for bribes.
    Trafficking victims do not have legal residency and, if found by 
the authorities, are detained, arrested, and prosecuted for violation 
of immigration laws or of the Hudood ordinances. The Hudood ordinances 
criminalize extramarital sexual relations and place a burden on female 
rape victims because testimony of female victims and witnesses carry no 
legal weight. If a woman brings charges of rape to court and the case 
cannot be proved, the court automatically takes the rape victim's 
allegations as a confession of her own complicity and acknowledgment of 
consensual adultery (see Section 5). These laws discourage trafficking 
victims from bringing forward charges. Without money to pay for bail, 
trafficking victims often were bailed out by their pimps, who require 
them to return to prostitution. Small numbers of escaped victims of 
trafficking end up in shelters run by NGOs that assist trafficking 
victims, but most did not because there were few such shelters 
available. Many women who were not bailed out were not repatriated. 
Since most Bangladeshi women arrive without documentation, the 
Bangladesh High Commission will not take responsibility for them, and 
they remain confined to women's shelters. Some have been repatriated at 
the expense of individuals who discover them and pay for their return 
home. The Commission of Inquiry for Women drew attention to the problem 
of ``enforced prostitution and trafficking in women,'' noting that 
women are the victims of exploitation by police and pimps, and should 
be treated with compassion. One NGO, Lawyers for Human Rights and Legal 
Aid (LHRLA), has reported extensively on trafficking and has provided 
documentation of the problem; several other NGOs occasionally work on 
the issue. Lawyers for Human Rights and Legal Aid and the Society for 
Human Rights and Prisoner's Aid run specific programs to assist 
trafficking victims, and a few other local NGOs also assist trafficking 
victims on a smaller scale.
    Physical beauty and educational level were major factors in 
determining prices. Some women reportedly were sold into slavery and 
sent to Persian Gulf countries; women sent to rural Pakistan reportedly 
were de facto slaves. Buyers in such shops reportedly purchased women 
for purposes of labor or sex; some married their buyers.
    Young boys were trafficked to the Persian Gulf to work as camel 
jockeys; reports estimated that there were between several hundred and 
a few thousand boys between the ages of 3 and 10 working as camel 
jockeys, mostly in the United Arab Emirates (UAE). Most are from Punjab 
or Sindh. There are approximately 1,000 such children in Qatar, and 
there are reports of such children in Saudi Arabia. Dera Ghazi Khan in 
Punjab is a center for trafficking in children, and is a major source 
of children trafficked as camel jockeys. The majority of these boys 
were sent to the Gulf countries by their parents, landless agricultural 
workers who receive either a monthly sum of money or a lump sum for 
their child's labor. Parents occasionally also accompany their children 
to the Persian Gulf. However, some of these children were abducted by 
traffickers in the country and were sent abroad without the knowledge 
of their parents. The boys generally were sent to the Gulf countries 
under the passports of women posing as their mothers. The conditions 
such children live under often were poor, and many children reportedly 
are injured or maimed while racing camels. The children reportedly do 
not receive proper medical care or schooling, and deliberately are 
underfed to keep them as light as possible. When they become too old to 
race, they are sent back to the country and left to fend for 
themselves. In February 2000, the district administration in Multan 
approached the Pakistan Ambassador to the UAE for the return of two 
children reportedly sold to a UAE citizen for approximately $400 (PKR 
20,000) each, and the federal investigation agency filed charges 
against four residents of Multan who were involved in the deal. As of 
year's end, there was no report on the return of the boys. The 
Government recently broke two trafficking rings of children smuggled 
into Iran, and was attempting to extradite eight adults wanted for 
trafficking. Within the country, children sometimes are kidnaped to be 
used as forced labor, for ransom, or to seek revenge against an enemy 
(see Section 6.d.).
    The Government assists underage children and has rescued some 
kidnaped victims. On March 15, police in Karachi announced they had 
rescued 11 infants and arrested 8 persons on suspicion of trafficking.
    The Government sponsors shelters and training programs for actual 
and potential trafficking victims. There were 276 detention centers 
where women were sheltered and given access to medical treatment, 
limited legal representation, and some vocational training. The 
Government provided temporary residence status to foreign trafficking 
victims; however, police often treated victims of trafficking as 
criminals. The Government does not provide specialized training to 
assist trafficking victims. Very few NGOs deal specifically with 
trafficking; however, many local and provincial NGOs provide shelter to 
victims of trafficking and women and children at risk for trafficking.
                               __________

                               SRI LANKA

    Sri Lanka is a democratic republic with an active multiparty 
system. Constitutional power is shared between the popularly elected 
President and the 225-member Parliament. Since 1983, the Government had 
fought the Liberation Tigers of Tamil Eelam (LTTE), a terrorist 
organization fighting for a separate ethnic Tamil state in the north 
and east of the country; however, in December 2001, the Government and 
the LTTE each announced unilateral cease fires. This historic process 
of reconciliation between the Government and the LTTE continued during 
the year in Norwegian-facilitated talks in Thailand and Norway. By all 
accounts, the talks were successful and both sides agreed to hold 
further meetings in 2003. As a result of the peace process, there has 
been a sharp reduction in roadblocks and checkpoints around the 
country, the return of approximately 220,000 internally displaced 
persons (IDPs) to their points of origin in the north and east, and to 
the opening of numerous investigations into questionable actions by 
security force personnel.
    Violence, including at least 50 deaths, and irregularities marred 
the December 2001 parliamentary elections in which the United National 
Front (UNF), a coalition of parties led by the United National Party 
(UNP), won a majority in Parliament for a 6-year term. Fearing possible 
infiltration by the LTTE, the Government prohibited more than 40,000 
Tamil voters from crossing army checkpoints from LTTE controlled 
territories to vote. Chandrika Kumaratunga, head of the People's 
Alliance (PA) coalition, won reelection in 1999 for a second 5-year 
presidential term. The Government generally respected constitutional 
provisions for an independent judiciary.
    The Ministry of Interior controls the 60,000-member police force, 
which is responsible for internal security in most areas of the 
country, and has been used in military operations against the LTTE. The 
Ministry of Defense controls the 120,000-member Army (which includes 
the Army Volunteer Force), the 17,000-member Navy, and the 18,500 
member Air Force. In the past, the police paramilitary Special Task 
Force (STF) battled the LTTE. The more than 20,000 member Home Guards, 
an armed force drawn from local communities and responsible to the 
police, provide security for Muslim and Sinhalese village communities 
near LTTE-controlled areas. In previous years, the Government also 
armed and appeared to direct various anti-LTTE Tamil militias; however, 
during the year, the Government implemented programs to disarm the 
militias that previously had been linked with the security forces. Some 
members of the security forces committed serious human right abuses.
    Sri Lanka is a low-income country with a market economy based 
mainly on the export of textiles, tea, rubber, coconuts, and gems. It 
also earns substantial foreign exchange from the repatriated earnings 
of citizens employed abroad, and from tourism. The population is 
approximately 18.5 million. Real GDP growth was -1.4 percent in 2001. 
Growth during the year was forecast at 2-3 percent. The decline in 2001 
was attributed mainly to the worldwide economic downturn, the July 2001 
LTTE attack on Colombo's international airport, and prolonged power 
outages throughout the country. The economy recovered slowly during the 
year, aided by economic reform and increased donor assistance.
    The Government generally respected the human rights of its 
citizens; however, there were serious problems in some areas. Unlike 
previous years, there were disputed reports of security forces 
committing extrajudicial killings and no reports of disappearances. 
However, the military and police reportedly tortured detainees. There 
was at least one report of a death in custody. Security forces have 
raped a woman while they were in custody. Torture remained a problem 
and prison conditions remained poor. There were no reports of arbitrary 
arrest during the year. During the year, the Government released more 
than 750 Tamils held under the Prevention of Terrorism Act (PTA) and no 
new arrests under the PTA occurred during the year. Observers claim 
that the PTA, like the Emergency Regulations (ER) repealed in 2001, 
permitted arbitrary arrests of Tamils. Unlike in previous years, there 
were no reports of the security forces failing to comply with legal 
protections, including impunity for those responsible for human rights 
violations.
    The Government infringed on citizens' privacy rights; however, 
restrictions on the freedom of the press were eased somewhat. Unlike in 
previous years, there were no reports that security forces harassed 
journalists. The LTTE permitted controlled access to uncleared areas of 
the country to journalists, in effect lifting some censorship in the 
areas it controls. Some LTTE-imposed restrictions remained on freedom 
of movement, such as from Vavuniya to Jaffna. Violence and 
discrimination against women, child prostitution, child labor, and 
discrimination against persons with disabilities continued to be 
problems. There is some discrimination and occasional violence against 
religious minorities, and institutionalized ethnic discrimination 
against Tamils remains a problem. Trafficking in women and children for 
the purpose of forced labor occurs, and there is some trafficking of 
women and children for the commercial sex industry. There is evidence 
of a continued but declining international interest in the country's 
children for sex trade. Sri Lanka 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 the past few years, the Government has taken steps to address 
human rights concerns. During the year, the Government named a new 
chairman for the National Human Rights Commission (HRC). In 2000 the 
Government established an Interministerial Permanent Standing Committee 
and an Interministerial Working Group on Human Rights Issues, chaired 
by senior officials, to investigate human rights abuses. At the same 
time, the Government established the Prosecution of Torture 
Perpetrators Unit, under the direct supervision of the Attorney 
General.
    Unlike in previous years, former Tamil terrorist organizations 
aligned with the former PA government, who were suspected still to be 
armed, were not implicated in cases involving extrajudicial killing and 
torture, although incidents of detention and extortion still were 
reported during the year.
    The LTTE continued to commit serious human rights abuses. The LTTE 
reportedly committed several unlawful killings, and was responsible for 
disappearances, torture, arbitrary arrest, detentions, and extortion. 
Through a campaign of intimidation, the LTTE continued to undermine the 
work of elected local government bodies in Jaffna. On occasion the LTTE 
prevented political and governmental activities from occurring in the 
north and east. The LTTE continued to control large sections of the 
north and east of the country. The LTTE denied those under its control 
the right to change their government, did not provide for fair trials, 
infringed on privacy rights, somewhat restricted freedom of movement, 
used child soldiers, and discriminated against ethnic and religious 
minorities. The LTTE released all of the military personnel it 
reportedly held in its custody during the year.
                        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 previous 
years, there were no credible reports that security forces committed 
extrajudicial killings. There were no developments in the following 
2001 cases: The death in custody of Kanapathypillai Udayakumar in 
January; the security forces killing of two persons during a rally in 
July; the air force personnel killing of Sivagnanam Manohari in 
September.
    Impunity remained a problem. Between April 1995 and December 2001, 
several hundred persons were killed or disappeared after being taken 
into security force custody. With the exception of the six security 
force personnel convicted in the 1996 killing of university student 
Krishanthi Kumaraswamy; there have been no other convictions for 
extrajudicial killings. At year's end, the Government was investigating 
29 cases of rape, 109 cases of torture, and 500 cases of disappearance 
by security force personnel. Although there were numerous cases in 
which military personnel may have committed human rights violations for 
which they have not been identified and brought to justice, the 
Government passed indictments against security force personnel in a 
number of high profile cases; including the Bindunuwewa massacre and 
the Ranjani rape and murder case.
    In 2000 nine Tamil civilians were reported missing in Mirusuvil 
after being arrested by the army (SLA). One person escaped, and 
reported the incident to police and the local magistrate. The escapee 
identified two SLA soldiers as the perpetrators, and the soldiers 
admitted to torturing nine civilians and murdering eight of them. Nine 
soldiers later were arrested for the torture and killings. The army 
commander administratively punished the soldiers by having their 
salaries withheld (see Sections 1.b. and 1.c.). The case was 
transferred to the Anuradhapura Magistrate's Court for adjudication in 
November 2001. On November 27, five members of the army were charged 
with the murders and were standing trial at year's end.
    In November 2000, four mutilated bodies were found in Nilaveli. The 
following day Tamil civilians protested against the deaths claiming 
that the naval personnel involved attempted to coerce statements from 
relatives of the deceased that the dead were members of the LTTE. The 
bodies of the two primary organizers of the demonstration later were 
found. Following a military investigation, the commander of the local 
navy base and other key military personnel were transferred in June 
2001, but no one has been charged in connection with the killings and 
no further action was expected in this case.
    In October 2000 local villagers killed 27 Tamil men held at the 
Bindunuwewa rehabilitation camp for former child soldiers and 15 others 
were injured. Police allegedly took part in the killings and did 
nothing to prevent the villagers from entering the detention camp. 
Violence after the killings continued for almost 1 week before police 
were able to restore order. The HRC stated that the police were guilty 
of ``grave dereliction of duty.'' Three of the survivors were able to 
testify at a Presidential Hearing, which met regularly throughout 2001. 
Many witnesses at the hearing criticized police actions at the scene 
and during the initial investigations. In 2001 all suspects in the case 
were released on bail. Due to the failure to show at the scheduled 
hearing in November, the court has remanded all suspects until 
completion of the trial. At year's end, 10 police officers and 41 
villagers were indicted and were standing trial.
    There were no developments in the April 2000 killing of the chief 
suspect in the 1993 killing of prominent politician Lalith 
Athulathmudali.
    In previous years, some cases of extrajudicial killings were 
reprisals against civilians for LTTE attacks in which members of the 
security forces or civilians were killed or injured. In most cases, the 
security forces claimed that the victims were members of the LTTE, but 
human rights monitors believed otherwise. In Thampalakamam, near 
Trincomalee, in 1998, police and home guards allegedly killed eight 
Tamil civilians, possibly in reprisal for the LTTE bombing of the 
Temple of the Tooth a week earlier. The Government arrested police 
officers and home guards, charging 4 with murder and 17 with unlawful 
assembly. At year's end, eight police officers had been indicted and 
hearings continued.
    Although the courts in 2000 ordered five soldiers arrested for the 
1999 gang rape and murder of Ida Carmelita, a young Tamil girl, the 
case remained pending at year's end. Court hearings continued during 
the year.
    At his sentencing for the 1998 rape and murder of Krishanthi 
Kumaraswamy, a Tamil university student, former Lance Corporal 
Somaratne Rajapakse claimed knowledge of mass graves at Chemmani in 
Jaffna containing the bodies of up to 400 persons killed by security 
forces in 1996. The other five defendants corroborated his claim of 
mass graves in the Chemmani area, where they allegedly had buried 
between 120 and 140 bodies on the orders of their superiors. 
Exhumations in 1999 yielded 15 skeletons. Two of the victims were 
identified as young men who had disappeared in 1996. In 2001, 13 of the 
bodies had not been identified. Rajapakse and others named a total of 
20 security force personnel, including former policemen, as responsible 
for the killings. The remaining unidentified bodies underwent DNA 
testing for identification purposes. The Attorney General's office has 
indicated that it was not satisfied with the inconclusive initial 
results and reportedly was searching for funds to provide for a more 
detailed test. At year's end, the case still was pending. All suspects 
in the case have been released on bail.
    There were no developments in the case against eight soldiers and 
one reserve police constable arrested on suspicion of the massacre of 
24 Tamil villagers in Kamarapuram in February 1996. In addition, there 
were no developments in the trial of 22 Special Task Force (STF) 
members arrested on suspicion of killing 23 Tamil youths at Bolgoda 
Lake in 1995.
    In 1994 the PA government began prosecutions in several 
extrajudicial killings allegedly committed by members of the security 
forces. The trial of 21 soldiers accused of massacring 35 Tamil 
civilians in 1992 in the village of Mailanthani in Batticaloa district 
was transferred to the Colombo High Court in 1996. Many witnesses for 
the case live in displaced persons camps, and could not come to court 
to give evidence. A jury trial, which began in January, ended on 
November 25 when the security forces were acquitted. At year's end, 
representatives of the victims were requesting that the Attorney 
General appeal the jury's decision.
    There were no developments in the January 2000 killing of Tamil 
politician Kumar Ponnambalam.
    Although former terrorist Tamil militant groups armed by and 
aligned with the former PA government committed extrajudicial killings 
in the past, there were no credible reports of such killings during the 
year.
    In the past, the military wing of the People's Liberation 
Organization of Tamil Eelam (PLOTE) and the Razeek group were 
responsible for killing a number of persons; however, there were no 
reports of such killings during the year. The security forces had armed 
and used these militias and a number of other Tamil militant 
organizations to provide information, to help identify LTTE terrorists, 
and, in some cases, to fight in military operations against the 
terrorists. The exact size of these militias was impossible to 
ascertain, but they probably totaled fewer than 2,000 persons. These 
groups were asked to disarm following the formal February ceasefire 
agreement between the Government and LTTE. The militia did hand over 
some weapons to the Government; however, most observers believe that 
the groups kept some arms. Persons killed by these militants in the 
past probably included LTTE operatives and civilians who failed to 
comply with extortion demands.
    There were no developments in the 2000 death of Jaffna media 
correspondent Mayilvaganam Nimalarajan.
    There were unconfirmed reports that the LTTE continued to commit 
unlawful killings. Due to the inaccessibility of LTTE-controlled areas 
and the LTTE's prevention of investigations by outside agencies, the 
exact number and type of killings in LTTE-controlled areas is unknown. 
Some observers believe that the amount of killings was reduced 
drastically last year. Attacks by the LTTE killed civilians outside of 
LTTE-controlled areas in the past; however, there were no such 
confirmed reports during the year.
    In 2001 attacks and counter-attacks between government forces and 
the LTTE occurred almost daily; however, there were no such attacks 
during the year. There were two suicide bombing attacks attributed to 
the LTTE during 2001, on September 15 and October 29, in addition to 
the July attack on the airport north of Colombo (see Section 1.g.). 
There were no reports of suicide bombings during the year. There were 
reports that the LTTE committed unlawful killings, including lamppost 
killings in 2001 (see Section 1.g.).

    b. Disappearance.--Unlike in previous years, there were no credible 
reports of disappearances at the hands of the security forces.
    In 2001 the army, navy, police, and paramilitary groups were 
involved in as many as 10 disappearances, primarily in Vavuniya. 
Between January and September 2001, the Human Rights Commission 
received 44 reports of disappearances in Vavuniya alone. These cases 
were not confirmed. In December 2000, eight Tamil civilians were 
reported missing in Mirusuvil. Two SLA soldiers were identified as 
perpetrators and admitted to killing eight of the civilians. The 
soldiers were punished administratively by the army (see Sections 1.a. 
and 1.c.).
    In February 2000, a fisherman seen arrested by naval personnel near 
Trincomalee disappeared. During the year, the Trincomalee High Court 
ordered a police line up; however, the witness did not identify any of 
the suspects. At year's end, the High Court was conducting a habeas 
corpus hearing in conjunction with the case.
    Those who disappeared in 2001 and previous years usually are 
presumed dead. The 2000 U.N. Working Group on Enforced or Involuntary 
Disappearances lists the country as having an extremely large number of 
``nonclarified'' disappearances. The Commander of the Army and the 
Inspector General of Police both criticized the disappearances and 
stated that the perpetrators would be called to account. Although there 
have been few prosecutions of security force personnel to date, during 
the year there were numerous indictments and investigations, including 
the case against the security forces involved in the Bindunuwewa 
massacre and the killings in Mirusuvil.
    The Attorney General's office successfully prosecuted 4 cases by 
year's end involving members of the security forces on abduction and 
murder charges. In November the Government formed a new commission to 
investigate disappearances in Jaffna area during 1996 and 1997. The 
commission was expected to begin work in 2003.
    In 1999 the U.N. Working Group on Enforced or Involuntary 
Disappearances made its third visit to the country. Its report, 
released in December 1999 cited the PTA and ER as important factors 
contributing to disappearances and recommended the abolition or 
modification of these laws to bring them into conformity with 
internationally accepted human rights standards. The ER was repealed in 
2001 and there were no arrests under the PTA during the year; however, 
some arrests were being made without proper procedures and the 
Government had not all persons detained under the PTA in previous years 
at year's end (see Section 1.d.). The reviewing process for some cases 
still was ongoing at year's end.
    Tamil militias aligned with the former PA government also were 
responsible for disappearances in past years; however, there were no 
reports during the year. These militias detained persons at various 
locations that in effect served as undeclared detention centers. The 
HRC had no mandate or authority to enforce respect for human rights 
among these militia groups. It was impossible to determine the exact 
number of victims because of the secrecy with which these groups 
operated. During the year, the Government took steps to disarm these 
militias as part of the peace process.
    The LTTE was responsible for an undetermined number of civilian 
disappearances in the north and east during the year. Although the LTTE 
previously has denied taking any prisoners from its battles in January, 
they released 10 citizens, including some soldiers, to the 
International Committee of the Red Cross (ICRC). On September 28, the 
LTTE exchanged 7 soldiers in exchange for 13 LTTE cadre. At year's end, 
the LTTE was not known to be holding any prisoners (see section 1.g.).

    c. Torture and Other Cruel, Inhuman or Degrading Treatment or 
Punishment.--Despite legal prohibitions, the security forces and police 
continued to torture and mistreat persons in police custody and 
prisons. The Convention Against Torture Act (CATA) made torture a 
punishable offense. Under the CATA, torture is defined as a specific 
crime, the High Court has jurisdiction over violations, and criminal 
conviction carries a 7-year minimum sentence. However, according to a 
recent Amnesty International (AI) report and press release, the CATA 
does not implement several provisions of the U.N. Convention; this 
results in torture being prohibited under specific circumstances but 
allowed under others. Consequently, torture continued with relative 
impunity. In addition, the PTA makes confessions obtained under any 
circumstance, including by torture, sufficient to hold a person until 
they are brought to court. In some cases, the detention can extend for 
years.
    Since 2000 the Government has been working on developing 
regulations to prosecute and punish military and police personnel 
responsible for torture. The Attorney General's Office and the Criminal 
Investigation Unit have established units to focus on torture 
complaints; the units forwarded 14 cases for indictments during the 
year. The Interparliamentary Permanent Standing Committee and its 
Interministerial Working Group on Human Rights Issues have begun 
tracking criminal investigations of torture. In addition, the 
Government also ceased paying fines incurred by security force 
personnel found guilty of torture. Security force personnel have been 
fined under civil statutes for engaging in torture. According to the 
Attorney General's Office, members of the security forces and police 
have been prosecuted under criminal statutes, but none of the cases had 
come to conclusion.
    Members of the security forces continued to torture and mistreat 
detainees and other prisoners, particularly during interrogation. 
Methods of torture included electric shock, beatings, suspension by the 
wrists or feet in contorted positions, burning, slamming testicles in 
desk drawers, and near drowning. In other cases, victims must remain in 
unnatural positions for extended periods or have bags laced with 
insecticide, chili powder, or gasoline placed over their heads. 
Detainees have reported broken bones and other serious injuries as a 
result of their mistreatment. There were reports of rape in detention 
during the year. Medical examination of persons arrested since 2000 
continued to reveal multiple cases of torture.
    In December 2000, the bodies of eight Tamils tortured and killed by 
the army in Mirusuvil were exhumed after one person escaped and 
notified authorities. Nine soldiers were arrested, and by year's end, a 
trial had begun (see Sections 1.a. and 1.b.). The military also 
conducted its own inquiry; the personnel involved were discharged.
    On March 15, Thivyan Krishnasamy, a student leader and an outspoken 
critic of the actions of security forces in Jaffna, was released from 
custody. Human rights observers claim that he was arrested because of 
his political activism, but the police stated that he was connected to 
the LTTE. He was arrested in July 2001 and when he was brought before a 
court in August he complained of being tortured. In response to his 
allegations of torture, the Jaffna Student Union held protests during 
the fall of 2001. In response university administrators temporarily 
closed the university to avoid violence.
    During 2001 there were a number of reports of women being raped by 
security forces while in detention. One such case involved two women 
arrested in March 2001 in Mannar who claimed that they were tortured 
and repeatedly raped by naval and police personnel. The women were 
released on bail in April 2001 and filed charges against their 
assailants. At year's end, the 14 accused were standing trial for rape, 
torture, or both. A fundamental rights case also was opened against the 
accused. Four other cases in which the security forces are accused of 
raping women in detention still were pending at year's end.
    Under fundamental rights provisions in the Constitution, torture 
victims may file civil suit for compensation in the high courts or 
Supreme Court. Courts have granted awards ranging from approximately 
$175 (14,200 rupees) to $2,280 (182,500 rupees). However, most cases 
take 2 years or more to move through the courts.
    Impunity remained a problem. In the majority of cases in which 
military personnel may have committed human rights abuses, the 
Government has not identified those responsible or brought them to 
justice.
    At the invitation of the Government, the U.N. Committee on Torture 
sent a five-person mission to Colombo in 2000 to determine whether a 
systematic pattern of torture exists in the country and, if so, to make 
recommendations for eliminating the practice. In 2001 the mission had 
submitted its confidential report to President Kumaratunga; however, by 
year's end, the report had not been released to the public.
    In the past, Tamil militants aligned with the former PA government 
engaged in torture; however, there were no such reports during the 
year.
    The LTTE reportedly used torture on a routine basis.
    Prison conditions generally were poor and did not meet 
international standards because of overcrowding and lack of sanitary 
facilities; however, the Government permitted visits by independent 
human rights observers. The Government permitted representatives from 
the ICRC to visit places of detention. The ICRC conducted 185 visits to 
35 government locations. The HRC also visited 681 police stations and 
more than 326 detention facilities by year's end (see Section 1.d.).
    Conditions also reportedly were poor in LTTE-run detention 
facilities. The IRCR conducted 8 visits in LTTE-controlled detention 
facilities.
    The LTTE permitted the ICRC to visit soldiers detained in the 
Vavuniya region approximately once every 6 weeks until their release 
(see Section 1.g.). Due to the release of detainees in 2000 and the 
apparent release of the remaining soldiers held by the LTTE, ICRC 
visited fewer LTTE detention centers than in previous years (see 
Section 1.d.).

    d. Arbitrary Arrest, Detention, or Exile.--In the past, arbitrary 
arrest and detention were problems; however, there were no reports of 
arbitrary arrests or detentions during the year. Under the law, 
authorities must inform an arrested person of the reason for arrest and 
bring that person before a magistrate within 24 hours. In practice, 
persons detained generally appear before a magistrate within a few days 
of arrest. The magistrate may authorize bail or order continued 
pretrial detention for up to three months or longer. Security forces 
must issue an arrest receipt at the time of arrest, and despite some 
efforts by the Government to enforce this standard, arrest receipts 
rarely were issued. Observers believed that the lack of arrest receipts 
prevents adequate tracking of cases, which permits extended detentions 
and torture without making any persons directly responsible for those 
detainees.
    Under the ER and the PTA, security forces could detain suspects for 
extended periods of time without court approval. The ER, in force 
periodically since 1979 and in force island-wide from August 1998 until 
July 2001, gave security forces broad powers to arrest and detain 
without charge or the right to judicial review. ER provisions permitted 
police to hold individuals for up to 90 days to investigate suspected 
offenses, although the police had to present detainees to a court 
within 30 days to record the detention. The court was able to order a 
further 6 months' detention.
    In past years, the army generally turned over those that it 
arrested under the ER to the police within 24 hours, although the 
police and the army did not always issue arrest receipts or notify the 
HRC within 48 hours. The HRC has a legal mandate to visit those 
arrested, and police generally respected this. Due to censorship and 
infrequent access, observers could not determine the state of affairs 
in LTTE-controlled areas.
    In the past, there were credible reports that the military held 
persons for short amounts of time in smaller camps for interrogation 
before transferring them to declared places of detention; however, 
there were no such reports during the year. This procedure, which 
allegedly occurred on the Jaffna peninsula, in Vavuniya, and in the 
east (see Section 1.c.), did not comply with requirements to notify the 
HRC of arrests and to issue arrest receipts. The military maintained 
the detainees were ``in transit,'' and claimed they did not violate the 
detainees' rights.
    Unlike in previous years, there were no large-scale arrests of 
Tamils during the year. In the past, many detentions occurred during 
operations against the LTTE. Most detentions lasted a maximum of 
several days although some extended to several months. As of September 
1, 222 Tamils charged under the PTA remained in detention without bail 
awaiting trial. As part of the peace process' confidence building 
measures, the Government released more than 750 Tamils arrested under 
the PTA during the first 8 months of the year.
    Unlike in previous years, there were no reports of arbitrary 
arrests or searches of residents. In previous years, Tamils complained 
that they were abused verbally and held for extended periods at 
security checkpoints throughout Colombo. During the week following the 
July 2001, attack on Colombo's main airbase and international airport, 
security forces detained hundreds of Tamils in the Colombo region for 
questioning. In addition, those arrested sometimes were held in prisons 
with convicted criminals. The vast majority of checkpoints were removed 
in January and the reports of regular mistreatment by security forces 
largely ceased.
    The Committee to Inquire into Undue Arrest and Harassment (CIUAH), 
which includes senior opposition party and Tamil representatives, 
examines complaints of arrest and harassment by security forces and 
takes remedial action as needed. The Committee received more than 1,200 
complaints in 2001. Opinions on the effectiveness of the CIUAH were 
mixed. Some human rights observers believe that the work of the 
committee deterred random arrests and alleviated problems encountered 
by detainees and their families. The role of the CIUAH diminished 
drastically during the year due to peace-process related improvements.
    The HRC investigated the legality of detention in cases referred to 
it by the Supreme Court and private citizens. Although the HRC is 
legally mandated to exercise oversight over arrests and detentions by 
the security forces and to undertake visits to prisons, members of the 
security forces sometimes violated the regulations and failed to 
cooperate with the HRC.
    The Government continued to give the ICRC unhindered access to 
approximately 160 detention centers, police stations, and army camps 
recognized officially as places of detention. Due to the lapsing of the 
ER in July 2001, the total number of persons detained in military bases 
at any one time has been reduced dramatically, with the military making 
fewer arrests and transferring detainees to police facilities more 
quickly than in previous years. With the ceasefire agreement, the 
number of arrests by the military has dramatically declined.
    The EPDP reportedly detained its own members for short periods in 
Jaffna as punishment for breaking party discipline. Unlike in previous 
years, there were no reports of the PLOTE continuing to run places of 
illegal detention in Vavuniya.
    The LTTE in the past has detained civilians, often holding them for 
ransom. There were reports of this practice during the year, such as 
the multiple reports of kidnaping of Muslim businessmen in Batticaloa 
area, particularly during the first 4 months of the year. Reports 
indicate that the LTTE demanded anywhere from a few hundred dollars to 
upwards of $10,415 (1,000,000 Rupees) for their release. At year's end, 
all the Muslim businessmen reportedly had been released.
    The Government does not practice forced exile, and there are no 
legal provisions allowing its use.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.
    The President appoints judges to the Supreme Court, the courts of 
appeal, and the high courts. A judicial service commission, composed of 
the Chief Justice and two Supreme Court judges, appoints, transfers, 
and dismisses lower court judges. Judges serve until the mandatory 
retirement age of 65 for the Supreme Court and 62 for other courts. 
Judges can be removed for reasons of misbehavior or physical or mental 
incapacity, but only after a legal investigation followed by joint 
action of the President and the Parliament.
    In criminal cases, juries try defendants in public. Defendants are 
informed of the charges and evidence against them, and may be 
represented by the counsel of their choice, have the right to appeal. 
The Government provides counsel for indigent persons tried on criminal 
charges in the high courts and the courts of appeal, but it does not 
provide counsel in other cases. Private legal aid organizations assist 
some defendants. In addition, the Ministry of Justice operates 11 
community legal aid centers to assist those who cannot afford 
representation and to serve as educational resources for local 
communities. However, these legal aid centers had tried no cases by the 
end of September. There are no jury trials in cases brought under the 
PTA. Confessions, obtained by various coercive means, including 
torture, are inadmissible in criminal proceedings, but are allowed in 
PTA cases. Defendants bear the burden of proof to show that their 
confessions were obtained by coercion. Defendants in PTA cases have the 
right to appeal. Subject to judicial review in certain cases, 
defendants can spend up to 18 months in prison on administrative order 
waiting for their cases to be heard. Once their cases come to trial, 
decisions are made relatively quickly. During the year, more than 750 
PTA cases were dropped and the prisoners released.
    Most court proceedings in Colombo and the south are conducted in 
English or Sinhala, which, due to a shortage of court-appointed 
interpreters, has restricted the ability of Tamil-speaking defendants 
to get a fair hearing. Trials and hearings in the north and east are in 
Tamil and English, but many serious cases, including those having to do 
with terrorism, are tried in Colombo. While Tamil-speaking judges exist 
at the magistrate level, only four high court judges, an appeals court 
judge, and a Supreme Court justice speak fluent Tamil. Few legal 
textbooks and only one law report exist in Tamil, and the Government 
has complied only slowly with legislation requiring publishing all laws 
in English, Sinhala, and Tamil.
    In the past in Jaffna, LTTE threats against court officials 
sometimes disrupted normal court operations. Although the Jaffna high 
court suspended activities due to security concerns in 2000, it 
reopened in 2001 and still was functioning at year's end. During the 
year, the LTTE expanded the operations of its court system into areas 
previously under the Government's judicial system in the north and 
east. With the expansion, the LTTE demanded all Tamil civilians stop 
using the Governments judicial system and only rely on the LTTE's legal 
system. Credible reports indicated that the LTTE has implemented the 
change through the threat of force.
    The LTTE has its own self-described court system, composed of 
judges with little or no legal training. The courts operate without 
codified or defined legal authority and essentially operate as agents 
of the LTTE rather than as an independent judiciary. The courts 
reportedly impose severe punishments, including execution.
    The Government claims that all persons held under the PTA are 
suspected members of the LTTE and therefore are legitimate security 
threats. Insufficient information exists to verify this claim and to 
determine whether these detainees are political prisoners. In many 
cases, human rights monitors question the legitimacy of the criminal 
charges brought against these persons. More than 750 PTA cases were 
dismissed by the Attorney General by September 1. The Attorney 
General's office expected a few more of the 222 remaining cases to be 
dismissed at year's end. The Government claimed that the cases that 
remained only will be of those individuals directly linked to suicide 
bombings or other terrorist and criminal acts.
    The LTTE also reportedly holds a number of political prisoners. The 
number is impossible to determine because of the secretive nature of 
the organization. The LTTE refuses to allow the ICRC access to these 
prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the right to privacy, 
and the Government generally respected this provision in practice; 
however, it infringed on citizen's privacy rights in some areas. The 
police obtained proper warrants for arrests and searches conducted 
under ordinary law; however, the security forces were not required to 
obtain warrants for searches conducted either under the now lapsed ER 
or the PTA. The Secretary of the Ministry of Defense was responsible 
for providing oversight for such searches. Some Tamils complained that 
their homes were searched as a means of general harassment by the 
security forces. The Government was believed to monitor telephone 
conversations and correspondence on a selective basis. However, there 
were no reports of such activity by security forces during the year.
    On September 4, taking into account the fast progress of the peace 
process, the Government legalized the LTTE.
    The LTTE routinely invaded the privacy of citizens, by maintaining 
an effective network of informants. The LTTE also forcibly recruited 
children during the year (see Section 6.d.). During August and 
September, the LTTE handed over 85 children to UNICEF, stating that the 
children had volunteered to serve, but that the LTTE does not accept 
children (see Section 6.d.). Unlike in the previous year, there were no 
reports that the LTTE expelled Muslims from their homes.

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal Conflicts.--Hostilities between the Government and the LTTE 
abated with the announcement of unilateral ceasefires in December 2001, 
followed by a formal ceasefire accord agreed to in February. 
Subsequently, a number of prisoners have been exchanged and the key 
road connecting Jaffna has been opened. The reconciliation also has led 
to a sharp reduction in roadblocks and checkpoints around the country, 
the return of approximately 150,000 IDPs to their points of origin in 
the north and east, and to the opening of numerous investigations into 
actions by security force personnel.
    On April 29, in Nilaveli, on the east coast, naval personnel opened 
fire and injured two Tamil women. The circumstances surrounding the 
incident remained unclear at year's end. The investigation into the 
incident remained open. On October 10, seven civilians were killed when 
security force personnel fired into a crowd storming their compound in 
the east. Some observers claimed the security forces used excessive 
force in repelling a peaceful crowd that was demonstrating against the 
alleged harassment of LTTE cadre earlier in the day. Others claim the 
security forces were justified in repelling what appeared to be a LTTE-
instigated attack.
    In 2001 an estimated 2,000 combatants and 100 civilians were killed 
in conflict-related incidents. Unlike in previous years, there were no 
reports that the airforce carried out a bombing campaign.
    In the past, the Government often publicized aspects of its planned 
operations to allow civilians time to vacate the probable areas to be 
affected. However, in 2001, the armed forces did not give public 
warnings before the commencement of operations.
    Investigations into the May 2000 incident in which a bomb exploded 
at a Buddhist temple in Batticaloa concluded in 2001. After the bomb 
exploded, security forces reportedly opened fire, killing four children 
and injuring eight more. The Government maintained that the evidence 
and interviews of witnesses do not support those claims. No arrests 
have been made to date, and the incident no longer was under 
investigation.
    In November 2001, the SLA created the Directorate of Human Rights 
and Humanitarian Law in the army. The directorate is charged with 
coordinating all human rights activities for the army from ICRC 
training classes (see Section 4) to overseeing the human rights cells 
that are assigned throughout the military. The SLA also states that all 
of its personnel have completed the appropriate training and pledged to 
adhere to the ``rules of international Humanitarian Law.'' Early in the 
year, the air force and navy instituted similar programs. The armed 
forces operated under written rules of engagement that severely 
restricted the shelling, bombardment, or other use of firepower against 
civilian-occupied areas.
    The Government continued to provide food relief, through the 
Commissioner General for Essential Services (CGES) and the Multi-
Purpose Cooperative Societies (MCPS), to displaced and other needy 
citizens, including those in areas controlled by the LTTE. The 
Government delivered food rations to the Vanni area through a 
checkpoint that is controlled on one side by the security forces and on 
the other by the LTTE. The border into the territory controlled by the 
LTTE was not closed during the year.
    In previous years, NGOs and other groups that sought to take 
controlled items to LTTE-controlled areas in the Vanni region needed 
permission from local officials as well as from the Ministry of 
Defense. Delays were common and approval sometimes was denied. As a 
result, many medical items in the Vanni region and Jaffna were in short 
supply, which contributed to a deterioration in the quality and 
quantity of medical care furnished to the civilian population. Previous 
restrictions on the transport of items such as cement, batteries, and 
currency into the LTTE-controlled areas no longer were no in effect 
during the year.
    The Ministry of Defense reported capturing several LTTE terrorists 
with weapons in government-controlled areas in direct contradiction of 
the terms of the ceasefire agreement. The Government reportedly 
returned most LTTE personnel directly to the closest LTTE checkpoint; 
however, some were detained for longer periods. Previously the military 
sent the cadre they captured or who surrendered to rehabilitation 
centers. The ICRC continued to visit former LTTE members in government 
rehabilitation camps, although the October 2000 massacre of more than 
20 such detainees at a government-run detention facility at 
Bindunuwewa, near Bandarawella, led observers to question the continued 
security of residents of these facilities (see Sections 1.a. and 1.g.).
    In view of the scale of hostilities in previous years and the large 
number of LTTE casualties, some observers have found the number of 
prisoners taken under battlefield conditions to be low and have 
concluded that many LTTE fighters apparently were killed rather than 
taken prisoner. Some observers believed that, on the Government side, 
an unwritten ``take-no-prisoners'' policy had been in effect. The 
military denied this claim, stating that other factors limited the 
number of prisoners taken, such as the LTTE's efforts to remove injured 
fighters from the battlefield, the proclivity of its fighters to choose 
suicide over capture, and the LTTE's occasional practice of killing its 
own badly injured fighters. There were no reports of security forces 
personnel executing LTTE cadres during the year.
    In previous years, the Government refused to permit relief 
organizations to provide medical attention to injured LTTE fighters, 
although it has offered to treat any LTTE injured entrusted to 
government care. According to credible reports, injured LTTE cadres 
surrendering to the Government received appropriate medical care.
    The LTTE admitted that in the past it killed security forces 
personnel rather than take them prisoner. Past eyewitness accounts 
confirm that the LTTE has executed injured soldiers on the battlefield. 
At year's end, the LTTE reportedly had released all security force 
personnel they were holding. The LTTE is believed to have killed most 
of the police officers and security force personnel captured in the 
past few years. In January the LTTE unilaterally released 10 citizens 
including some soldiers. On September 28, the LTTE released 7 prisoners 
in exchange for the release of 13 of their cadres.
    The LTTE used excessive force in the war. During the year, the LTTE 
engaged in hostage taking, hijackings, and forcible recruitment, 
including of children.
    In July 2001, the LTTE attacked Colombo's main airbase and 
international airport. During the attack, the LTTE destroyed six 
military and four civilian aircraft. The LTTE also damaged the civilian 
airport.
    In the past, the LTTE regularly was accused of killing civilians. 
For example, the LTTE was accused of killing four Sinhalese villagers 
at Wahalkada village in March 2001, and killing a Tamil civilian and 
injuring 15 others in Trincomalee in June 2001.
    The LTTE uses child soldiers. In October four children ranging in 
age from 15 to 17 years surrendered to a local church near Trincomalee 
after escaping from the LTTE. According to Sri Lanka Monitoring 
Mission, the international monitors received approximately 600 
complaints about child abductions since early March, and credible 
sources say those children are recruited to be child soldiers. Credible 
sources reported increased LTTE recruitment, including recruitment of 
children during the year.
    The LTTE expropriates food, fuel, and other items meant for IDPs, 
thus exacerbating the plight of such persons in LTTE-controlled areas. 
Malnutrition remained a problem in LTTE-controlled areas as well as in 
other parts of the Vanni region, with nutrition levels falling below 
the national average. Experts have reported a high rate of anemia and a 
low birth rate, both of which indicate lower levels of nutrition. 
Confirmed cases of malnutrition included hundreds of children. However, 
a survey completed by Medecins Sans Frontieres in 1999 found 
malnutrition levels in the war-affected areas at about the same level 
as in the war-free south of the country.
    Landmines were a problem in Jaffna and the Vanni and to some extent 
in the east (see Section 5). Landmines, booby traps, and unexploded 
ordnance pose a problem to resettlement of displaced persons and 
rebuilding. A U.N. landmine team tasked with locating and mapping LTTE 
and army mines in the Jaffna peninsula suspended its mission in 2000 
stating that it was impossible to continue as long as hostilities 
continued. At year's end, a U.N. team had begun coordinating the 
process of mapping the mined areas in the country and established 
oversite for a mine removal program. During the year, the Sri Lankan 
Military and the LTTE removed mines in areas they controlled. During 
the year, the Government reported four mine-related casualties among 
civilians per month. In August 2001, a civilian bus travelling to 
Trincomalee hit a land mine injuring 30 of its passengers. In September 
2001, a vehicle carrying a family hit a mine approximately 5 kilometers 
north of Jaffna, killing all six passengers and the driver.

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, the Government 
restricted these rights in practice, often using national security 
grounds permitted by law; however, there were no reports of such 
practices during the year. During the year, criminal defamation laws, 
which had often been used by the Government to intimidate independent 
media outlets, were eliminated. In 2001 the Government officially 
lifted the censorship on war reporting. However, even when no specific 
government censorship is exercised, private television stations impose 
their own, informal censorship on international television news 
rebroadcast in the country.
    The Government controls the country's largest newspaper chain, two 
major television stations, and the Sri Lanka Broadcasting Corporation 
(SLBC). There are a variety of independent, privately owned newspapers, 
journals, and radio and television stations, most of which freely 
criticize the Government and its policies. The Government imposes no 
political restrictions on the establishment of new media enterprises.
    The President officially eased censorship restrictions on foreign 
journalists in a circular published in June 2000; however, material for 
publication or broadcast within the country, regardless of author, 
remained subject to government approval until the repeal of censorship 
laws in June 2001. Claims of harassment and intimidation of private 
media by the Government continue. In November Paul Harris, a foreign 
national and a journalist loosely affiliated with the ``Daily 
Telegraph'' was denied a visa extension, allegedly for violation of the 
terms of his visa. Speculation in the press is that the denial was 
based on political pressure because of Mr. Harris' criticism of the 
Government and the LTTE. Multiple organizations, including the Editor's 
Guild of Sri Lanka, the Free Media Movement, the Foreign Correspondents 
Association of Sri Lanka, and the President's office have criticized 
the decision as an infringement on freedom of the press.
    Human rights observers commented that in the past Tamils from the 
north or east who criticized the Sri Lankan military and government 
often were harassed and sometimes arrested. They cite the case of 
Thiviyan Krishnasamy, a student leader in Jaffna and critic of the 
military in the Jaffna area. He was arrested in July 2001 and released 
in March (see Section 1.c.).
    In September 2000, police arrested a young man for criticizing the 
president on a radio call-in show. Police traced the call to discover 
the caller's address. The young man's parents alleged that he had a 
mental illness and could not be held responsible for his comments. At 
year's end, the young man was released and the case was dismissed.
    In 2000 police detained two persons for questioning in connection 
with the 1999 murder of Rohana Kumara, editor of a Sinhala-language 
newspaper that had been critical of leading figures in the ruling 
coalition. By year's end, no one had been charged in connection with 
the case.
    No action was taken, nor is any likely, into the following: The 
1999 killing of editor Ramesh Nadarajah, and the 1999 abduction of a 
journalist by an army brigadier. On February 9, two airforce personnel 
were given lengthy jail sentences for the February 1998 killing of a 
journalist who regularly reported on defense matters, including 
corruption in military procurements. At year's end, the airforce 
personnel were released on bail pending conclusion of the appeals 
process.
    During the year, the defamation laws were repealed and all cases 
pertaining to the defamation laws were dropped.
    The Sri Lanka Tamil Media Alliance (SLTMA) was formed in 1999 to 
protect the interests of Tamil journalists, who allege that they are 
subject to harassment and intimidation by Tamil paramilitary groups and 
Sri Lankan security forces. Regional Tamil correspondents working in 
the war zones have complained of arbitrary arrest and detention in the 
past and difficulty in obtaining press accreditation. The SLTMA has 
filed cases on behalf of Tamil journalists, but its cases have not yet 
succeeded in the courts.
    Unlike in the previous year, travel by local and foreign 
journalists to conflict areas was not restricted. The LTTE does not 
tolerate freedom of expression. It tightly restricts the print and 
broadcast media in areas under its control. The LTTE has killed those 
reporting and publishing on human rights.
    The Government did not restrict access to the Internet.
    The Government did not restrict academic freedom.
    The LTTE restricted academic freedom, and it has repressed and 
killed intellectuals who criticize it, most notably the moderate and 
widely respected Tamil politician and academic, Dr. Neelan Tiruchelvam, 
who was killed by a suicide bomber in July 1999. The LTTE also has 
severely repressed members of human rights organizations, such as the 
University Teachers for Human Rights (UTHR), and other groups. Many 
former members of the UTHR have been killed.

    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. Although the PTA may be used to 
restrict this freedom, the Government did not use the act for that 
purpose during the year. Numerous peaceful political and nonpolitical 
rallies were held throughout the country during the year.
    In July 2001, the opposition held a rally that the Government 
claimed was illegal under the 1981 Referendum Act, which essentially 
states that rallies and demonstrations of a political nature cannot be 
held when a referendum is scheduled. Security forces killed two persons 
when the Government confronted the rally with force, prompting further 
demonstrations. However, the Government generally grants permits for 
demonstrations, including those by opposition parties and minority 
groups.
    On October 9, eight Tamil civilians were killed by Special Task 
Force police during a protest in Akkaraipattu. Police and the 
commission tasked with investigating the incident claim that the crowd 
was trying to forcefully enter the police compound and the police were 
defending themselves. Tamils have disputed this finding, asserting that 
the protest was peaceful. In April 2001, a violent clash between the 
Sinhalese and Muslim communities occurred in Mawanella. The Muslim 
community protested alleged police inaction concerning the assault on a 
Muslim store clerk. In response, a group of Sinhalese attacked the 
Muslim protesters. As the conflict escalated, two Muslims were killed 
and scores of buildings and a few vehicles were destroyed. Police 
reportedly did nothing to stop the destruction of Muslim property. The 
investigation into the Mawanella incident remained open at year's end.
    The LTTE does not allow freedom of association in the areas that it 
controls. The LTTE reportedly has used coercion to make persons attend 
rallies that it sponsors. On the Jaffna Peninsula, the LTTE 
occasionally has posted in public places the names of Tamil civilians 
accused of associating with security forces and other government 
entities. The LTTE has killed Tamil civilians who have cooperated with 
the security forces in establishing a civil administration in Jaffna 
under a political leadership elected freely and fairly in January 1998.

    c. Freedom of Religion.--The Constitution accords Buddhism a 
foremost position, but it also provides for the right of members of 
other faiths to practice their religions freely, and the Government 
generally respected this right in practice. Despite the special status 
afforded by the Constitution to Buddhism, major religious festivals of 
all faiths are celebrated as public holidays.
    Foreign clergy may work in the country, but the Government has 
sought to limit the number of foreign religious workers given temporary 
work permits. Permission usually is restricted to denominations 
registered with the Government. The Government has prohibited the entry 
of new foreign clergy on a permanent basis. It permitted those already 
in the country to remain.
    Some evangelical Christians have expressed concern that their 
efforts at proselytizing often meet with hostility and harassment from 
the local Buddhist clergy and others opposed to their work. In April 
two Christians were physically assaulted by a Buddhist monk. 
Evangelicals sometimes complain that the Government tacitly condones 
such harassment, but there is no evidence to support this claim.
    In April 2001, a Muslim cashier was attacked by 4 Sinhalese. When 
the Muslim community protested police inaction, the Muslim persons were 
confronted by rioting Sinhalese, and 2 Muslims were killed. The police 
investigation into this incident remains open and no arrests have been 
reported.
    The LTTE expelled virtually the entire Muslim population from their 
homes in the northern part of the island in 1990. Most of these persons 
remain displaced. During the year, the LTTE leadership has met with the 
leaders of the Muslim community on their incorporation into the peace 
process. In the past, the LTTE has expropriated Muslim homes, land, and 
businesses and threatened Muslim families with death if they attempt to 
return. The LTTE has made some conciliatory statements to the Muslim 
community, but the statements are viewed with skepticism by some 
Muslims.
    In September a group of Christians vandalized a Jehovah's witness 
hall, breaking windows, ripping through electrical systems, and burning 
equipment used to establish a new hall in Negombo. Witnesses claimed 
that the police did not react to the disturbance until after the crowd 
dispersed.
    The LTTE attacked Buddhist sites, most notably the historic Dalada 
Maligawa or ``Temple of the Tooth,'' the holiest Buddhist shrine in the 
country, in Kandy in January 1998. In May 2000, an LTTE bombing near a 
temple at the Buddhist Vesak festival in Batticaloa killed 23 persons 
and injured dozens of others.
    The LTTE has been accused in the past of using church and temple 
compounds, where civilians were instructed by the Government to 
congregate in the event of hostilities, as shields for the storage of 
munitions.
    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 grants every citizen 
``freedom of movement and of choosing his residence'' and ``freedom to 
return to [the country],'' and the Government generally respected the 
right to domestic and foreign travel. However, in the past, the war 
with the LTTE prompted the Government to impose more stringent checks 
on travelers from the north and the east and on movement in Colombo, 
particularly after dark. Tamils had to obtain police passes to move 
freely in the north and east, and frequently they were harassed at 
checkpoints throughout the country. These security measures had the 
effect of restricting the movement of Tamils.
    However, during the year, the Government lifted a majority of the 
travel restrictions within the country. Areas near military bases and 
high security zones still have limited access. Some observers claim the 
high security zones are excessive and unfairly claim Tamil lands, 
particularly in Jaffna. The LTTE limited travel on the road connecting 
Jaffna in the north to the rest of the country; however, in April the 
Government lifted all of its restrictions on travel to Jaffna.
    Fighting between government and the LTTE has displaced hundreds of 
thousands of persons, with many displaced multiple times as front lines 
shifted. The UNHCR reports that there are less than 600,000 IDPs in 
country. Since September 2000, 172,000 IDPs have been living in welfare 
centers ranging from camps, where conditions vary considerably, to 
settlements with a full range of government social services and food 
aid. By the end of 2001, an estimated 500,000 to 800,000 IDPs, 
including those in the Vanni, had registered for government food aid, 
and were receiving medicine and other essential supplies from the 
Government. However, by year's end, more than 220,000 IDPs returned to 
points of origin in country, with more than half of the returnees 
transited to points in Jaffna District.
    The Government has sought to resettle the displaced when possible 
and has arranged for a number of those from Jaffna to return to their 
homes. Over the years, the Government, in cooperation with the UNHCR, 
built permanent housing for 18,000 Muslims in the Puttalam area. An 
additional one-time resettlement program relocated 1,000 families by 
the end of 2001.
    The LTTE has discriminated against Muslims, and in 1990 expelled 
some 46,000 Muslim inhabitants--virtually the entire Muslim 
population--from their homes in areas under LTTE control in the 
northern part of the island. Most of these persons remain displaced and 
live in or near welfare centers. There were credible reports that the 
LTTE has warned thousands of Muslims displaced from the Mannar area not 
to return to their homes until the conflict is over. However, it 
appeared that these attacks by the LTTE were not targeted against 
persons due to their religious beliefs, rather, it appeared that they 
were part of an overall strategy to clear the north and east of persons 
not sympathetic to the cause of an independent Tamil state. During the 
year, the LTTE has invited the Muslim IDPs to return home, asserting 
they will not be harmed. Although some Muslim IDPs have begun returning 
home, the vast majority have not and were instead waiting for a 
guarantee from the Government for their safety in LTTE-controlled 
areas.
    Between October 1996 and the end of 1999, more than 150,000 persons 
moved out of LTTE-controlled regions through Vavuniya and other transit 
points into government controlled regions. Of these, more than 100,000 
reached Jaffna and other Tamil-majority areas. Many had left the Vanni 
region with the intention of proceeding south; they opted for other 
destinations only after learning that they would have to remain in 
transit camps until security clearances for southward travel were 
obtained. Obtaining a clearance could take up to 4 months in some 
cases, and some human rights groups alleged that the procedures were 
arbitrary and unreasonably strict. The Government restricted the 
movement of displaced Tamils due to possible security, economic, and 
social concerns. These restrictions have been lifted with the onset of 
the peace process.
    The LTTE occasionally disrupts the flow of persons exiting the 
Vanni region through the two established and legal checkpoints. In 
particular the LTTE taxes civilians travelling through areas it 
controls. In the past, the LTTE disrupted the movement of IDPs from 
Trincomalee to Jaffna by hijacking or attacking civilian shipping, 
although there were no such reports this year. Humanitarian groups 
estimate that more than 200,000 IDPs live in LTTE-controlled areas (see 
Section 1.g.).
    An estimated 65,000 Tamil refugees live in camps in Tamil Nadu in 
Southern India. Approximately 100,000 refugees may have integrated into 
Tamil society in India over the years. UNHCR reports that a small 
number may have returned from India during the year.
    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 Government cooperates 
with the office of the U.N. High Commissioner for Refugees and other 
humanitarian organizations in assisting refugees. The issue of the 
provision of first asylum did not arise during the year. The Government 
does not permit the entry of refugees into the country or grant first 
asylum, nor does it aid those who manage to enter to seek permanent 
residence elsewhere. 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, fair, and multiparty elections held on the 
basis of universal suffrage; however, recent elections have been marred 
by violence and some irregularities. The country is a longstanding 
democratic republic with an active multiparty system. Power is shared 
between the popularly elected President and the 225-member Parliament. 
The right to change the Government was exercised in the December 2001 
parliamentary elections in which the United National Front, a coalition 
of parties led by the UNP, won a majority in Parliament for the next 6-
year period. Fearing possible infiltration by the LTTE, the Government 
prohibited more than 40,000 Tamil voters from LTTE controlled 
territories from crossing army checkpoints to vote.
    Following the December 2001 elections, the UNP and its allies 
formed the new government. The president's party, the PA, is now the 
opposition in Parliament. The UNP, led by Prime Minister Ranil 
Wickremesinghe, has formed the new government and filled the positions 
in the cabinet. Cohabitation ties between the President and Prime 
Minister have been difficult.
    The President suspended Parliament from July to September 2001 out 
of concern that her coalition had lost its majority in Parliament 
because of defections. The suspension of Parliament angered opposition 
parties, which sponsored numerous demonstrations. One of these 
demonstrations, ended with the deaths of two marchers killed by 
security forces (see Section 2.b.). After further defections from her 
coalition, the President dissolved Parliament in October 2001, and 
called for elections to take place in December 2001.
    In December 2001, 12 supporters of the Sri Lankan Muslim Congress 
were killed, apparently by hired thugs of a PA candidate. Former PA MP 
Anuruddha Ratwatte and his two sons have been indicted for conspiracy. 
In addition, 15 others, including security force personnel, were 
indicted for their alleged involvement in the murders. The trial 
continued at year's end. Despite an extremely violent campaign, 
including credible reports on the use of intimidation by both of the 
major parties, voter turnout exceeded 70 percent. The People's Alliance 
for Free and Fair Elections (PAFFREL) reported 755 incidents of 
violence and 49 deaths; the Center for Monitoring Election Violence 
(CMEV) reported 4,208 incidents, and 73 deaths; and the police reported 
2,247 incidents, and 45 deaths during the year.
    In September 2001, the Parliament passed the 17th Amendment, which 
established an independent Commission on Elections (among other 
commissions), which is to be tasked with ensuring free and fair 
elections; however, implementing legislation has yet to be passed.
    A delegation from the European Union monitoring the election 
expressed concern about violence and irregularities in the voting, but 
concluded that the election ``did to a reasonable degree reflect the 
will of the electorate.''
    The Commissioner of Elections recognized 46 parties at the time of 
general elections in October 2000; only 13 parties actually held seats 
in the 225-member Parliament elected during 2001. The two most 
influential parties, the Sri Lanka Freedom Party (the principal 
component party of the governing PA coalition) and the UNP, generally 
draw their support from the majority Sinhalese community. These two 
parties have alternated in power since independence.
    There are 9 women in the 225 Parliament. There was one in the 73 
member Cabinet and the Supreme Court. In December 1999, a woman was 
elected President for a second term. One woman (Minister of Women's 
Affairs) was appointed to the new cabinet formed after the December 5 
elections.
    There are 28 Tamil and 21 Muslim persons in the 225 member 
Parliament elected in December 2001. The Parliament elected in October 
2000 had 23 Tamil and 22 Muslim members.
    The LTTE refuses to allow elections in areas under its control, 
although it did not oppose campaigning by certain Tamil parties in the 
east during the December 2001 parliamentary elections. In previous 
years, the LTTE effectively had undermined the functioning of local 
government bodies in Jaffna through a campaign of killing and 
intimidation. This campaign included the killing of 2 of Jaffna's 
mayors and death threats against members of the 17 local councils. 
During the period of the conflict, the LTTE killed popularly elected 
politicians, including those elected by Tamils in areas the LTTE 
claimed as part of a Tamil homeland.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Several domestic human rights NGOs, including the Consortium of 
Humanitarian Agencies (CHA), the University Teachers for Human Rights, 
Jaffna (UTHR-J), the Civil Rights Movement (CRM), and the Law and 
Society Trust (LST), monitor civil and political liberties. There are 
no adverse regulations governing the activities of local and foreign 
NGOs, although the Government officially requires NGOs to include 
action plans and detailed descriptions of funding sources as part of 
its registration process. Some NGO workers have seen this as an attempt 
by the Government to exert greater control over the NGO sector after 
previous human rights groups criticisms. Few NGOs complied with these 
new reporting requirements. A number of domestic and international 
human rights groups generally operate without government restriction, 
investigating and publishing their findings on human rights cases. 
Government officials are cooperative and responsive to their views.
    The Government allowed the ICRC unrestricted access to detention 
facilities (see Sections 1.c. and 1.d.). The ICRC provides 
international humanitarian law training materials and training to the 
security forces. The UNHCR, the ICRC, and a variety of international 
NGOs assisted in the delivery of medical and other essential supplies 
to the Vanni area (see Section 1.g.).
    In the first 6 months of the year, the HRC conducted more than 600 
visits to police stations and more than 300 visits to detention 
facilities. The HRC has more than 4,500 cases of alleged human rights 
abuse pending. The Commission's investigation into the allegations by 
former Lance Corporal Rajapakse about mass graves at Chemmani in Jaffna 
resulted in exhumations in 1999 that provided the basis for the ongoing 
case (see Section 1.a.). Nonetheless, some human rights observers 
believed that the work of the HRC was hampered by a lack of strong 
leadership; however, over the past year, many human rights observers 
recognized that the new leader of the HRC was willing to confront other 
branches of the Government on human rights problems and new standard 
procedures. Activists have expressed some satisfaction with the new 
leadership's prompt investigation into the November 2000 Bindunuwewu 
massacre.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution provides for equal rights under the law for all 
citizens, and the Government generally respected these rights. The 
Supreme Court regularly upholds court rulings in cases in which 
individuals file suit over the abridgment of their fundamental civil 
rights. The HRC and the CIUAH are other mechanisms that the Government 
has established to ensure enforcement of constitutional provisions in 
addition to access to the courts (see Section 1.d.).

    Women.--Sexual assault, rape, and spousal abuse (often associated 
with alcohol abuse) continued to be serious and pervasive problems. 
Amendments to the Penal Code introduced in 1995 specifically addressed 
sexual abuse and exploitation and modified rape laws to create a more 
equitable burden of proof and to make punishments more stringent. 
Marital rape is considered an offense in cases of spouses living under 
judicial separation, and laws govern sexual molestation and sexual 
harassment in the workplace. While the Penal Code may ease some of the 
problems faced by victims of sexual assault, many women's organizations 
believe that greater sensitization of police and judicial officials is 
required. The Government set up the Bureau for the Protection of 
Children and Women within the police in 1994 to respond to calls for 
greater awareness and attention; however, there was no information on 
any actions taken by the Bureau nor on the number of crimes against 
women.
    In the previous year, police reported 500 rape case investigations. 
From January 1 to October 1, the police have reported a total of 865 
rape investigations in country, and 29 involve security force 
personnel. In 2001 there were a number of reports of security forces 
raping women in custody (see Section 1.c.). During the year, there was 
one such report. There have been no convictions in the cases involving 
security force personnel.
    Although laws against procuring and trafficking were strengthened 
in 1995, trafficking in women for the purpose of forced labor occurs 
(see Sections 6.f.).
    The Constitution provides for equal employment opportunities in the 
public sector. However, women have no legal protection against 
discrimination in the private sector where they sometimes are paid less 
than men for equal work, often experience difficulty in rising to 
supervisory positions, and face sexual harassment. Women constitute 
approximately one-half of the formal work force.
    Women have equal rights under national, civil, and criminal law. 
However, questions related to family law, including divorce, child 
custody, and inheritance, are adjudicated by the customary law of each 
ethnic or religious group. The minimum age of marriage for women was 18 
years, except in the case of Muslims, who continue to follow their 
customary marriage practices. The application of different legal 
practices based on membership in a religious or ethnic group often 
results in discrimination against women.

    Children.--The Government is committed to protecting the welfare 
and rights of children, but is constrained by a lack of resources. The 
Government demonstrated this commitment through its extensive systems 
of public education and medical care. The law requires children between 
the ages of 5 and 14 to attend school. Approximately 85 percent of 
children under the age of 16 attend school. Education was free through 
the university level. Health care, including immunization, also was 
free.
    In the period from January 1 to October, the police recorded 613 
cases of pedophilia, compared with 767 cases of crimes against children 
for January 2001 to August 2001. Many NGOs attribute the problem of 
exploitation of children to the lack of law enforcement rather than 
adequate legislation. Many law enforcement resources were diverted to 
the conflict with the LTTE, although the police's Bureau for the 
Protection of Children and Women conducts investigations into crimes 
against these two groups. In September the police opened an office to 
work directly with the National Child Protection Authority (NCPA) on 
children's issues to support NCPA investigations into crimes against 
children and to arrest suspects based on those investigations.
    Under the law, the definition of child abuse includes all acts of 
sexual violence against, trafficking in, and cruelty to children. The 
law also prohibits the use of children in exploitative labor or illegal 
activities or in any act contrary to compulsory education regulations. 
The legislation further widened the definition of child abuse to 
include the involvement of children in war. The NCPA is comprised of 
representatives from the education, medical, retired police, and legal 
professions; it reports directly to the President.
    The Government has pushed for greater international cooperation to 
bring those guilty of pedophilia to justice. The penalty for pedophilia 
is not less than 5 years and up to 20 years as well as an unspecified 
fine. Four cases of pedophilia were brought to court in 2000, one 
involving a foreigner. Two cases were brought to court during the year; 
however, in both cases the accused fled the country. There were few 
reported arrests for pedophilia during the year, but there were no 
convictions.
    Child prostitution is a problem in certain coastal resort areas. 
The Government estimates that there are more than 2,000 active child 
prostitutes in the country, but private groups claim that the number is 
much higher (see Section 6.f.). The bulk of child sexual abuse in the 
form of child prostitution is committed by citizens; however, some 
child prostitutes are boys who cater to foreign tourists. Some of these 
children are forced into prostitution (see Section 6.f.).
    The LTTE uses child soldiers and recruits children, sometimes 
forcibly, for use in battlefield support functions and in combat. LTTE 
recruits, some as young as 13, have surrendered to the military, and 
credible reports indicate the LTTE has stepped up recruiting efforts 
(see Section 1.g.). In May 1998, the LTTE gave assurances to the 
Special Representative of the U.N. Secretary General for Children in 
Armed Combat that it would not recruit children under the age of 17. 
The LTTE has not honored this pledge, and even after the ceasefire 
agreement there were multiple credible reports of the LTTE forcibly 
recruiting children (see Section 6.d.).

    Persons with Disabilities.--There was some discrimination against 
persons with disabilities in employment, education, or in the provision 
of other state services. The law does not mandate access to buildings 
for persons with disabilities. The World Health Organization estimates 
that 7 percent of the population was persons with disabilities. Most 
persons with disabilities, who are unable to work, were cared for by 
their families. The Department of Social Services operated eight 
vocational training schools for persons with physical and mental 
disabilities and sponsored a program of job training and placement for 
graduates. The Government also provided some financial support to NGOs 
that assist persons with disabilities; subsidized prosthetic devices 
and other medical aids for persons with disabilities; make some 
purchases from suppliers with disabilities; and has registered 74 
schools and training institutions for persons with disabilities run by 
NGOs. The Department of Social Services has selected job placement 
officers to help the estimated 200,000 work-eligible persons with 
disabilities find jobs. In spite of these efforts, persons with 
disabilities still face difficulties because of negative attitudes and 
societal discrimination. The law forbidding discrimination against any 
person on the grounds of disability. No cases were known to have been 
filed under this law.

    Indigenous Persons.--The country's indigenous people, known as 
Veddas, number fewer than l,000. Some prefer to maintain their isolated 
traditional way of life, and they are protected by the Constitution. 
There are no legal restrictions on their participation in the political 
or economic life of the nation. In 1998 the Government fulfilled a 
long-standing Vedda demand when the President issued an order granting 
Veddas the right to hunt and gather in specific protected forest areas. 
The executive order granted the Veddas the freedom to protect their 
culture and to carry on their traditional way of life without 
hindrance. Under a pilot program, Veddas received special identity 
cards to enable their use of these forest areas. Some Veddas still 
complain that they are being pushed off of their land.

    National/Racial/Ethnic Minorities.--There were approximately one 
million Tamils of comparatively recent Indian origin, the so-called 
``tea estate'' Tamils or ``Indian'' Tamils, whose ancestors originally 
were brought to the country in the 19th century to work on plantations. 
Approximately 75,000 of these persons do not qualify for either Indian 
or Sri Lankan citizenship and face discrimination, especially in the 
allocation of government funds for education. Without national identity 
cards, they also were vulnerable to arrest by the security forces. 
However, the Government has stated that none of these persons would be 
forced to depart the country. During 1999 the Government introduced a 
program to begin registering these individuals; 15,300 tea estate 
Tamils received identity cards between January and September 2001. Some 
critics charged that the program did not progress fast enough.
    Both Sri Lankan and ``tea estate'' Tamils maintained that they long 
have suffered systematic discrimination in university education, 
government employment, and in other matters controlled by the 
Government.

Section 6. Worker Rights

    a. The Right of Association.--The Government respects the 
constitutional right of workers to establish unions, and the country 
has a strong trade union tradition. Any seven workers may form a union, 
adopt a charter, elect leaders, and publicize their views; however, in 
practice such rights can be subject to administrative delays, and 
unofficially are discouraged. Nonetheless, approximately 25 percent of 
the 6.7 million person work force nationwide and more than 70 percent 
of the plantation work force, which is overwhelmingly Hill Tamil, is 
unionized. In total there were more than 1,000,000 union members, 
650,000 of whom were women. Approximately 20 percent of the 
nonagricultural work force in the private sector was unionized. Unions 
represent most workers in large private firms, but those in small-scale 
agriculture and small businesses usually do not belong to unions. 
Public sector employees are unionized at very high rates and are highly 
politicized.
    Most large unions are affiliated with political parties and play a 
prominent role in the political process, though major unions in the 
public sector are politically independent. More than 30 labor unions 
have political affiliations, but there are also a small number of 
unaffiliated unions, some of which have active leaders and a relatively 
large membership. The Ministry of Labor registered 147 new unions and 
canceled the registration of 155 others, bringing the total number of 
functioning unions to 1,580. The Ministry of Labor is authorized by law 
to cancel the registration of any union that does not submit an annual 
report. This requirement was the only legal grounds for cancellation of 
registration.
    This law is being implemented. Employers found guilty of such 
discrimination must reinstate workers fired for union activities but 
may transfer them to different locations.
    During the year, the Government was cited by the ICFTU for failure 
to observe an ILO convention. Unions may affiliate with international 
bodies, and some have done so. The Ceylon Workers Congress, composed 
exclusively of Hill Tamil plantation workers, is the only trade union 
organization affiliated with the International Confederation of Free 
Trade Unions (ICFTU), although a new trade union in the Biyagama export 
processing zone (EPZ) is affiliated with the Youth Forum of the ICFTU. 
No national trade union center exists to centralize or facilitate 
contact with international groups.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to collective bargaining; however, very few 
companies practice it. Large firms may have employees in as many as 60 
different unions. In enterprises without unions, including those in the 
EPZs, worker councils--composed of employees, employers and often a 
public sector representative--generally provide the forums for labor 
and management negotiation. The councils do not have the power to 
negotiate binding contracts, and labor advocates have criticized them 
as ineffective.
    In 1999 Parliament passed an amendment to the Industrial Disputes 
Act to require employers to recognize trade unions and the right to 
collective bargaining. The law prohibits antiunion discrimination.
    All workers, other than civil servants and workers in ``essential'' 
services, have the right to strike. By law workers may lodge complaints 
with the Commissioner of Labor, a labor tribunal, or the Supreme Court 
to protect their rights. These mechanisms were effective and new 
reforms placed limits on the amount of time allowed to resolve 
arbitration cases; however, there continued to be substantial backlog 
delays in the resolution of cases. The Government periodically has 
controlled strikes by declaring some industries essential under the ER 
(which lapsed in 2000). The President retains the power to designate 
any industry as an essential service. The ILO has pointed out to the 
Government that essential services should be limited to services where 
an interruption would endanger the life, personal safety, or health of 
the population.
    Civil servants collectively may submit labor grievances to the 
Public Service Commission, but they have no legal grounds to strike. 
Nonetheless, government workers in the transportation, medical, 
educational, power generation, financial, and port sectors have staged 
brief strikes and other work actions in the past few years. There were 
numerous public sector strikes during the year.
    The law prohibits retribution against strikers in nonessential 
sectors. Employers may dismiss workers only for disciplinary reasons, 
mainly misconduct. Incompetence or low productivity were not grounds 
for dismissal. Dismissed employees have a right to appeal their 
termination before a labor tribunal.
    There are approximately 110,000 workers employed in three EPZs, a 
large percentage of them women. Under the law, workers in the EPZs have 
the same rights to join unions as other workers. Few unions have formed 
in the EPZs, partially because of severe restrictions on access by 
union organizers to the zones. While the unionization rate in the rest 
of the country is approximately 25 percent, the rate within the EPZs 
was only 10 percent. Labor representatives alleged that the 
Government's Board of Investment, which manages the EPZs, including 
setting wages and working conditions in the EPZs, has discouraged union 
activity. The short-term nature of employment and relatively young 
workforce in the zones makes it difficult to organize. Work councils in 
the EPZs are chaired by the Government's Board of Investment (BOI) and 
only have the power to make recommendations. Labor representatives also 
allege that the Labor Commissioner, under BOI pressure, has failed to 
prosecute employers who refuse to recognize or enter into collective 
bargaining with trade unions. While employers in the EPZs generally 
offer higher wages and better working conditions than employers 
elsewhere, workers face other concerns, such as security, expensive but 
low quality boarding houses, and sexual harassment. In most instances, 
wage boards establish minimum wages and conditions of employment, 
except in the EPZs, where wages and work conditions are set by the BOI.

    c. Prohibition of Forced or Bonded Labor.--The law prohibits forced 
or bonded labor; however, there were reports that such practices 
occurred. ILO Convention 105 was not ratified yet by the end of 
September. The law does not prohibit forced or bonded labor by children 
specifically, but government officials interpret it as applying to 
persons of all ages (see Section 6.d.). There were credible reports 
that some rural children were employed in debt bondage as domestic 
servants in urban households, and there were numerous reports that some 
of these children had been abused.
    There were credible reports that some soldiers attached to an army 
camp north of Batticaloa forced local villagers to build a wall around 
the camp during 2000, and that they beat individuals who refused to 
comply. The military apparently transferred the officer responsible for 
the forced labor when the abuse was publicized.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law prohibits labor by children under 14 years of age, 
but child labor is a problem and still exists in the informal sectors. 
The NCPA combats the problem of child abuse, including unlawful child 
labor. The act consolidated existing legislation that established what 
types of employment are restricted for children, which age groups are 
affected. The Ministry of Labor is the competent authority to set 
regulations and carry out implementation, and monitoring. The minimum 
age for employment is 14, although the law permits the employment of 
younger children by their parents or guardians in limited work. The law 
permits the employment of persons from the age of 14 for not more than 
one hour on any day before school. However, the Trade Union Ordinance 
of 1935 allows membership only from the age of 16. The law also permits 
employment in any school or institution for training purposes. The 
Compulsory Attendance at Schools Act, which requires children between 
the ages of 5 and 14 to attend school, has been in effect since January 
1998, although it still is being implemented. Despite legislation, 
child labor still exists in the informal sector. A child activity 
survey carried out in 1998 and 1999 by the Department of Census and 
Statistics found almost 11,000 children between the ages of 5 and 14 
working full time and another 15,000 engaged in both economic activity 
and housekeeping. The survey found 450,000 children employed by their 
families in seasonal agricultural work.
    Persons under age 16 may not be employed in any public enterprise 
in which life or limb is endangered. There are no reports that children 
are employed in the EPZs, the garment industry, or any other export 
industry, although children sometimes are employed during harvest 
periods in the plantation sectors and in nonplantation agriculture.
    Many thousands of children were believed to be employed in domestic 
service, although this situation is not regulated or documented. A 1997 
study reported that child domestic servants are employed in 8.6 percent 
of homes in the Southern Province. The same study reported that child 
laborers in the domestic service sector often are deprived of an 
education. Many child domestics reportedly are subjected to physical, 
sexual, and emotional abuse.
    Regular employment of children also occurs in the informal sector 
and in family enterprises such as family farms, crafts, small trade 
establishments, restaurants, and repair shops. Government inspections 
have been unable to eliminate these forms of child labor (see Section 
5), although an awareness campaign coupled with the establishment of 
hot lines for reporting child labor has led to an increase in the 
prosecutions regarding child labor violations by the Labor Department. 
The Labor Department reported 194 complaints regarding child labor in 
2000, with 79 of these cases withdrawn due to lack of evidence or 
faulty complaints. The Department prosecuted 7 cases in 2000. In the 
first 8 months of the year, the Labor Department reported 199 
complaints, with 48 cases withdrawn and 40 prosecuted. According to the 
Ministry of Labor, there were 10 prosecutions for child labor (below 
the age of 14) during 2000. Under legislation dating from 1956, the 
maximum penalty for employing minors is about $12 (1,000 rupees), with 
a maximum jail term of 6 months.
    Although forced or bonded labor by persons of any age is prohibited 
by law, some rural children reportedly have served in debt bondage (see 
Sections 5 and 6.c.).
    The LTTE continued to use high school-age children for work as 
cooks, messengers, and clerks. In some cases, the children reportedly 
help build fortifications. In the past, children as young as age 10 
were said to be recruited and placed for 2 to 4 years in special 
schools that provided them with a mixture of LTTE ideology and formal 
education. The LTTE uses children as young as 13 years of age in 
battle, and children sometimes are recruited forcibly into the LTTE 
(see Section 5). A program of compulsory physical training, including 
mock military drills, for most of the population of the areas that it 
controls, including for schoolchildren and the aged reportedly still 
functions. According to LTTE spokesmen, this work is meant to keep the 
population fit; however, it is believed widely that the training was 
established to gain tighter control over the population and to provide 
a base for recruiting fighters. Despite repeated claims to the contrary 
by the LTTE, there were credible reports that the LTTE continued to 
recruit forcibly children throughout the year. Individuals or small 
groups of children intermittently turned themselves over to security 
forces or religious leaders saying they had escaped LTTE training camps 
throughout the year. During August and September, the LTTE handed over 
85 children to UNICEF, stating that the children had volunteered to 
serve, but that the LTTE does not accept children.

    e. Acceptable Conditions of Work.--The national minimum wage does 
not provide a decent standard of living for a worker and family, but 
the vast majority of families have more than one breadwinner. The 
Ministry of Labor effectively enforces the minimum wage law for large 
companies through routine inspections; however, staffing shortages 
prevent the department from effectively monitoring the informal sector. 
While there is no universal national minimum wage, approximately 40 
wage boards set minimum wages and working conditions by sector and 
industry. In 2001 minimum wage rates averaged approximately $29.38 
(2,625 rupees) per month in industry, commerce, and the service sector. 
The rate was approximately $1.38 (104.53 rupees) per day in 
agriculture. The minimum wage in the garment industry was $25.73 (2,300 
rupees) per month.
    Most permanent full-time workers are covered by laws that prohibit 
them from regularly working more than 45 hours per week (a 5 \1/2\-day 
workweek). Overtime is limited to 60 hours per month under a recent 
ruling. Labor organizers are concerned that the new legislation does 
not include a provision for overtime to be done with the consent of the 
worker. Such workers also receive 14 days of annual leave, 14 to 21 
days of medical leave, and approximately 20 local holidays each year. 
Maternity leave is available for permanent and seasonal or part-time 
female workers. Several laws protect the safety and health of 
industrial workers, but the Ministry of Labor's small staff of 
inspectors is inadequate to enforce compliance with the laws. Health 
and safety regulations do not meet international standards. Workers 
have the statutory right to remove themselves from situations that 
endanger their health, but many workers are unaware of, or indifferent 
to, health risks, and fear that they would lose their jobs if they 
removed themselves.

    f. Trafficking in Persons.--The law prohibits trafficking in 
persons; however, Sri Lanka is a country of origin and destination for 
trafficked persons, primarily women and children for the purposes of 
forced labor, and for sexual exploitation. Sri Lankan women travel to 
Middle Eastern countries to work as domestics and some have reported 
being forced into domestic servitude and sexual exploitation. A small 
number of Thai, Russian, and Chinese women have been trafficked to Sri 
Lanka for purposes of sexual exploitation. Some Sri Lankan children are 
trafficked internally to work as domestics and for sexual exploitation. 
There were unconfirmed reports that boys were trafficked to the Middle 
East as camel jockeys.
    The law provide for penalties for trafficking in women including 
imprisonment for 2 to 20 years, and a fine. For trafficking in 
children, the law allows imprisonment of 5 to 20 years, and a fine.
    Internal trafficking in male children was also a problem, 
especially from areas bordering the northern and eastern provinces. 
Protecting Environment and Children Everywhere (PEACE), a domestic NGO, 
estimated that in 2001 there were at least 5,000 male children between 
the ages of 8 and 15 years who were engaged as sex workers both at 
beach and mountain resorts. Some of these children were forced into 
prostitution by their parents or by organized crime (see Section 5). 
PEACE also reports that an additional 7,000 young men aged 15 to 18 
years are self-employed prostitutes; however, some organizations 
believe the PEACE numbers to be inflated.
    The Government took action during 2001 to prepare a national plan 
to combat the trafficking of children. The project was part of a 
regional project funded by the ILO. On a local level, on October 1, the 
police opened an office to work as part of the NCPA in children's 
issues, including trafficking in children.
    The country has a reputation as a destination for foreign 
pedophiles. Officials believe that approximately 30 percent of the 
clients were tourists and 70 percent are locals. The Government 
occasionally prosecuted foreign pedophiles, and there have been some 
convictions; however there were no such convictions during the year. 
Many NGOs attribute the problem of child exploitation to a lack of law 
enforcement. There was evidence of continuing, but reduced, 
international interest in Sri Lankan children for the sex trade as 
evidenced in tourism by foreign pedophiles, and in Internet sites 
featuring child pornography involving the country's children.
    The Government has undertaken several initiatives to provide 
protection and services to victims of internal trafficking, including 
supporting rehabilitation camps for victims. In addition, the 
Government has initiated some awareness campaigns to educate women 
about the dangers of trafficking; however, most of the campaigns are 
through local and international NGOs and somewhat through the Bureau of 
Foreign employment.
                           WESTERN HEMISPHERE

                              ----------                              


                          ANTIGUA AND BARBUDA

    Antigua and Barbuda is a multiparty, parliamentary democracy and a 
member of the Commonwealth of Nations. A prime minister, a cabinet, and 
a bicameral legislative assembly composed the Government. A Governor 
General, appointed by the British monarch, was the titular head of 
state, with largely ceremonial powers. Prime Minister Lester B. Bird's 
Antigua Labour Party (ALP) has controlled the Government and Parliament 
since 1976. In the 1999 elections, which observers described as free 
but not fair, the ALP retained power by winning 12 of 17 parliamentary 
seats. The Constitution provides for an independent judiciary.
    Security forces consisted of a police force and the small Antigua 
and Barbuda Defense Force. The police were organized, trained, and 
supervised according to British law enforcement practices. The civilian 
authorities generally maintained effective control of the security 
forces. There were reports of occasional instances of excessive use of 
force by the police and prison guards.
    The country had a mixed economy with a strong private sector. The 
population was approximately 76,000. Tourism was the most important 
source of foreign exchange earnings. Economic activity in the first 
quarter expanded relative to the same period in 2001 due to increased 
activity in the construction, communication, and government services 
sectors. The country was burdened by a large and growing external debt, 
which remained a serious economic problem. Economic growth slowed to 
1.5 percent in 2001 from 2.5 percent in 2000. The unemployment rate was 
11 percent at the end of 2001.
    The Government generally respected the human rights of its 
citizens; however, problems remained in several areas. There were 
reports of a killing in custody and of police brutality. Prison 
conditions were poor, and there were allegations of abuse of prison 
inmates and sexual harassment of female prison guards. Opposition 
parties had greater opportunities to express their views through a 
radio station that started operations in 2001; however, the radio 
station owners continued to report efforts by the Government to limit 
their access to the public. Societal discrimination and violence 
against women continued to be problems. Antigua and Barbuda 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.--In May police shot 
and killed Andy ``Natty Rough'' Francis, who had been held more than 48 
hours without being charged, when he attempted to escape the police 
station. His brother, Richard Williams, who was a prisoner, was denied 
permission to attend the funeral or view the body. The assistant police 
commissioner and three other police officers investigated the shooting; 
in addition, the Ministry of Public Security appointed a two-man 
commission to investigate. The Commission recommended a formal 
coroner's inquest, which could compel witness testimony, and also noted 
discrepancies in the police account of events.
    In September Glen Harper died at his home in the Gambles area while 
police were attempting to subdue him after he beat his father 
unconscious. According to newspaper reports, Harper attacked the 
officers and almost bit off the finger of one of the officers. A post 
mortem revealed that Harper died as a result of a fractured spine after 
reportedly throwing himself against the wall and veranda of the house. 
The Director of Public Prosecutions (DPP) requested a formal coroner's 
inquest, which had not taken place by year's end.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, and the 
authorities generally respected these prohibitions in practice; 
however, there were occasional reports of police brutality and 
threatening behavior and allegations of abuse by prison guards.
    In October a court found police Corporal Clarence Francis guilty on 
charges of shooting and wounding Gerald Collymore Horsford in December 
2000 and sentenced him to 9 months in jail.
    Prison conditions were poor. Conditions at the lone, 18th century 
prison worsened considerably after a fire destroyed most of the 
facility in 1999. The prison remained overcrowded, with 146 prisoners. 
Prison conditions were unsanitary and inadequate, particularly in 
regard to recreation and rehabilitation, but the Government asserted 
that an inspection in June 2001 by the United Kingdom's Inspectorate of 
Prisons had not found the prison or the food unsanitary. A followup 
inspection was conducted in November. The Rehabilitation Center for 
prisoners found guilty of committing minor crimes held seven male 
prisoners at year's end.
    Pretrial detainees were not held together with convicted prisoners.
    In July the Government established a task force to investigate and 
report any inappropriate behavior by management and staff at the prison 
during the previous 6 months and to investigate allegations of sexual 
harassment among prison staff and prisoners. Task force members 
included the Medical Superintendent at the Mental Hospital, a retired 
High Court Judge, a Senior Foreign Affairs Officer, and a retired 
Senior Probation Officer. While the Government did not make the report 
public, in September the Outlet newspaper reported that it called for 
the Prison Superintendent to step down, citing claims by female prison 
officers that the Prison Superintendent had harassed them sexually, 
which the superintendent denied. According to the newspaper, the task 
force also criticized prison management for causing resentment and 
morale problems among staff by favoring younger officers over more 
experienced officers and for not adequately investigating allegations 
that a prison guard was involved sexually with an inmate. The Labor 
Ministry's Permanent Secretary declined to take action on the task 
force report, based on an analysis by the Labor Commissioner that it 
lacked sufficient evidence to support its recommendation that the 
Prison Superintendent be discharged.
    The women's prison facility was separate and did not experience the 
problems encountered in the men's prison. There was no separate 
facility for juveniles, who were housed with adult 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 the Government generally 
respected these prohibitions in practice.
    Criminal defendants had the right to a judicial determination of 
the legality of their detention. The police must bring detainees before 
a court within 48 hours of arrest or detention. However, members of the 
opposition United Progressive Party (UPP) asserted that there were 
instances where this was violated, particularly on Thursdays or 
Fridays, and that increasingly, arresting and detention officers were 
unavailable to arrange bail or to expedite the process of releasing 
detainees. The press reported that Andy Francis was held more than 48 
hours without charges (see Section 1.a.).
    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 judicial system is part of the Eastern Caribbean legal system 
and reflects historical ties to the United Kingdom. The Constitution 
designates the Privy Council in London as the final court of appeal, 
which always is employed in the case of death sentences. There were no 
military or political courts.
    The Constitution provides that criminal defendants should receive a 
fair, open, and public trial. In capital cases only, the Government 
provided legal assistance at public expense to persons without the 
means to retain a private attorney. Courts can reach verdicts quickly, 
with some cases coming to conclusion in a matter of days.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices, and 
government authorities 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, of the press, and other forms of communication, and 
the authorities generally respected these provisions in practice. 
Privately owned print media, including daily and weekly newspapers, 
were active and offered a range of opinion, often publishing vigorous 
criticism of the Government. However, the Government restricted 
opposition parties' access to electronic media, effectively denying 
them equal coverage.
    The Government owned one of the three general interest radio 
stations and the single television station. A religious station 
broadcast without impediment. One of the Prime Minister's brothers 
owned the second radio station, and another brother was the principal 
owner of the sole cable television company. The Government-controlled 
media reported regularly on the activities of the Government and the 
ruling party but limited their coverage of and access by opposition 
parties.
    In April 2001, the country's first independent broadcast media, the 
Observer radio station, became operational. Permission to operate the 
station was granted only after the United Kingdom Privy Council upheld 
the owners' suit against the Government for denying an operating 
license. This radio station, operated by the owners of the Observer 
newspaper, was accessible to political and religious groups of all 
persuasions, and was utilized occasionally by the Government. The 
opposition accused the Government of trying to marginalize the Observer 
radio station by refusing to grant it duty free concessions; ZDK Radio, 
which is owned by members of the Prime Minister's family, received such 
concessions. The opposition UPP, which publishes the Crusader 
newspaper, also applied for and received a radio license in 2001; 
however, the station had not begun operations at year's end.
    The Government continued to restrict the opposition's access to the 
media, and there continued to be allegations of censorship as the 
result of subtle coercive pressure by influential persons. For example, 
owners of the Observer radio station claimed that several large 
corporations declined to advertise on the station for fear of losing 
lucrative government contracts. In addition, the Government, citing 
violations of the Telecommunications Act, revoked the owners' license 
to operate satellite transmission equipment and seized the equipment. 
At year's end, the Government withdrew individual charges against the 
owner but continued to press charges against the company.
    Journalists and media houses continued to report efforts by the 
Government to restrict coverage of alleged government scandals. In 
February the Government asked Julius Gittens, a Barbadian journalist 
hired to help in the start-up phase of the Observer radio station, to 
leave the country on the basis that he had failed to follow the proper 
procedures to secure a work permit. Radio station personnel alleged 
that Gittens was asked to leave because the station had called for 
public inquiries into alleged government scandals. According to 
Gittens, government authorities told him he was not eligible to reapply 
for a new work permit on the basis of a nonpublished government ruling 
that limits work permits to no more than two nonnationals in any media 
house; he would be the third nonnational at Observer radio.
    In August two separate fires interrupted the operations of ZDK 
Radio and the cable television station, both owned by members of the 
Prime Minister's family.
    In May a lone masked assailant shot and killed the 1-year-old son 
of fire fighter Eldred Jacobs in a brutal attack at his home that 
wounded Jacobs and other family members. The newspapers reported that 
Jacobs, recently transferred from police headquarters, had made a call 
to an Observer radio program that was intercepted. According to the 
press reports, Jacobs was accused of saying that he believed in the 
veracity of allegations of criminal wrongdoing made against the Prime 
Minister, and that the police would not arrest the Prime Minister 
because they too were implicated. The radio station owners reported 
that, to their knowledge, no such call came into the station. The DPP 
questioned the accuracy of the press report but said he would ask for 
an inquest into the matter.
    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 right of peaceful assembly. The police generally 
issued the required permits for public meetings but sometimes denied 
them to avert violent confrontations. The opposition held several 
demonstrations during the year to protest government policies and 
alleged government scandals. There were no reports of police 
interference with these demonstrations.
    A court dismissed the Government's case against 10 of the residents 
of Bendals arrested in a protest demonstration in 2001 over threats to 
public health caused by the operation of nearby quarries; however, the 
case against the group's chairman and one other protester remained in 
the courts at 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.
    Members of the Rastafarian community complained that law 
enforcement officials unfairly targeted them. However, it was not clear 
whether such complaints reflected discrimination on the basis of 
religious belief by the authorities or simply enforcement of the laws 
against marijuana, which was used as part of Rastafarian religious 
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 assessed all claims by refugees under the provisions 
of the 1951 U.N. Convention Relating to the Status of Refugees and its 
1967 Protocol. The issue of the provision of first asylum did not arise 
during the year. There were no reports of the forced return of persons 
to a country where they feared persecution.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides for a multiparty political system 
accommodating a wide spectrum of political viewpoints. All citizens 18 
years of age and older may register and vote by secret ballot. The 
Constitution requires general elections at least every 5 years; the 
last general elections were held in 1999. The Commonwealth observer 
group that monitored those elections reported irregularities in the 
electoral process and assessed the elections as free but not fair. The 
Governor General appoints the senators in proportion to the parties' 
representation in Parliament and with the advice of the Prime Minister 
and the leader of the opposition.
    In the 1999 elections, the Antigua Labour Party retained power by 
winning 12 of 17 parliamentary seats, 2 more than it had won in the 
previous elections in 1994. Except for a period in opposition from 
1971-76, the ALP has held power continuously since 1951. The opposition 
charged that the ALP's longstanding monopoly on patronage and its 
influence over access to economic opportunities made it extremely 
difficult for opposition parties to attract membership and financial 
support. In 1992 public concern over corruption in government led to 
the merger of three opposition political parties into the UPP.
    The Commonwealth report indicated that for the 1999 elections, the 
voters' register stood at 52,348 voters, of a total population of 
approximately 69,000 persons. Since 40 percent of the population were 
estimated to be below voting age, the voting rolls appeared to be 
inflated. According to the observer group, the weeklong voter 
registration appeared too restrictive and potentially disfranchised 
citizens, such as persons who would reach the voting age of 18 after 
July but before the elections. The observer group also recommended the 
establishment of an independent electoral commission to improve the 
voter registration process. In December 2001, Parliament amended the 
Representation of the People Act to provide for year-round registration 
to be effective after a new list of voters was compiled. In December 
the deadline to compile the new voters' list was extended to March 
2003.
    On April 4, the Government appointed the new Electoral Commission, 
which includes five members; three of the commission members (including 
the Chairman) were nominated by the Prime Minister and two were 
nominated by the opposition party. In November the opposition members 
walked out to protest the appointment of the Elections Supervisor, 
depriving the commission of a quorum and shutting down its operations. 
At year's end, a compromise was reached with the assistance of the 
Ombudsman, and it was agreed that the commission would start up again 
in early 2003. The Supervisor of Elections, as distinguished from the 
Chairman of the Electoral Commission, manages the office staff; the 
Electoral Commission sets policy.
    There were no impediments to participation by women in government 
and politics. The Directorate of Gender Affairs participated in 
workshops to encourage women to become active in politics. There were 
no women elected to the 17-seat House of Representatives; there was 1 
woman in the 17-seat Senate. In addition, the Speaker of the House of 
Representatives and the President of the Senate, both appointed 
positions, were women. The Attorney General, a Guyanese national 
resident in Antigua, was the only woman in the Cabinet.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were no governmental restrictions on the formation of local 
human rights organizations. The Antigua and Barbuda Human Rights 
Association, chaired by a lecturer at the University of the West 
Indies, met sporadically. It represented individuals and groups who 
claimed that their rights had been violated.
    The Government's Ombudsman has reviewed an increasing number of 
cases annually. The Ombudsman is chosen by both houses of Parliament; a 
resolution sets the length of his term. The current Ombudsman's term is 
10 years or until age 70, whichever comes first. The office of the 
Ombudsman operates independently of the judiciary and the Director of 
Public Prosecutions; however, recommendations for trial must be 
approved by the DPP. The Ombudsman's office has the authority to pursue 
a recommendation through the ministry involved, directly with the Prime 
Minister, and ultimately may take the matter to Parliament. The 
Ombudsman, Hayden Thomas, reported that 90 percent of the cases he 
pursued were resolved successfully by contact with the concerned 
ministries. The Ombudsman makes recommendations to the Government based 
on investigations into citizens' complaints; however, the ministries 
were often slow to implement his recommendations.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The law prohibits discrimination based on race, sex, creed, 
language, or social status, and the Government generally respected 
these provisions in practice.

    Women.--Violence against women was treated as a matter of public 
concern, and nongovernmental social welfare groups focused on the 
problem. Women in many cases were reluctant to testify against their 
abusers. A 1999 Domestic Violence Act prohibits and provides penalties 
for domestic violence, as well as rape and other sexual offenses. 
Organizations such as the Government's Directorate of Gender Affairs 
sought to increase women's awareness of their rights under the law in 
cases of domestic violence. The Directorate of Gender Affairs 
instituted a domestic violence program that included training for 
police officers, magistrates, and judges. The Directorate also ran a 
domestic abuse hot line and worked with a nongovernmental organization 
to provide safe havens for abused women and children. There were a 
number of active nongovernmental organizations that addressed issues 
affecting women.
    Prostitution is prohibited, but it was a problem.
    Sexual harassment is illegal, but it was rarely prosecuted. 
According to the Labor Department, there was a high incidence of sexual 
harassment reported by employees in both the private and public 
sectors.
    While the role of women in society is not restricted legally, 
economic conditions in rural areas tended to limit women to home and 
family, although some women worked as domestics, in agriculture, or in 
the large tourism sector. Women were well represented in the public 
sector; 54 percent of the public service and over half the Permanent 
Secretaries were female. In addition, 41 percent of the bar association 
members were female.
    The Professional Organization for Women of Antigua was a networking 
and resource group for female executives. It held seminars for women 
entering the workforce during the year.

    Children.--While the Government repeatedly expressed its commitment 
to children's rights, its efforts to protect those rights in practice 
were limited. The Government provided education for children through 
the age of 16; it was free, universal, and compulsory. Children had 
access to health care and other public services.
    Child abuse remained a problem. The age of consent is 16 years old. 
In August 2001, the police uncovered a child pornography and 
prostitution ring, and high-ranking members of society reportedly were 
implicated. A task force with representatives from both the Government 
and nongovernmental sectors was created to investigate the matter, but 
no cases had been successfully prosecuted by the end of the year. 
Several were dismissed because the complainant failed to appear.
    In 2000 the Government established a committee to implement the 
U.N. Convention on the Rights of the Child. In addition, the Government 
joined the Global Movement for Children. UNICEF helped support a study 
of the needs of children and families, and its recommendations were 
being used to develop a National Plan of Action on Child Survival, 
Development, and Protection.

    Persons with Disabilities.--No specific laws mandate accessibility 
for persons with disabilities, but constitutional provisions prohibit 
discrimination against the physically disabled in employment and 
education. There was no evidence of widespread discrimination against 
persons with disabilities, although the Government did not enforce the 
constitutional antidiscrimination provisions. There was one complaint 
that a person was not hired due to a disability; the Labor Commission 
had the matter under review at year's end.

Section 6. Worker Rights

    a. The Right of Association.--Workers had the right to associate 
freely and to form labor unions. Approximately 75 percent of workers 
belonged to a union, and the hotel industry was heavily unionized. 
There were two major trade unions: The Antigua and Barbuda Trades and 
Labour Union (ATLU) and the Antigua and Barbuda Workers' Union (AWU). 
The ATLU was associated with the ruling ALP, while the larger and more 
active AWU was allied rather loosely with the opposition.
    The law prohibits antiunion discrimination. During the year, there 
were two reports of antiunion discrimination but, after investigating, 
the Labor Commission determined that the charges had not been proved. 
The Labor Commission can require that employers and employees submit to 
mediation if antiunion discrimination is alleged. However, the 
mediator's recommendations are not binding, and either party may seek 
recourse to the courts. Employers found guilty of antiunion 
discrimination were not required to rehire employees fired for union 
activities.
    Unions were free to affiliate with international labor 
organizations, and they did so in practice.

    b. The Right to Organize and Bargain Collectively.--Labor 
organizations were free to organize and bargain collectively.
    The Labor Code recognizes the right to strike, but the Industrial 
Relations Court may limit this right in a given dispute. Workers who 
provide essential services (including bus, telephone, port, and 
petroleum workers, in addition to health and safety workers) must give 
21 days' notice of intent to strike. Once either party to a dispute 
requests that the court mediate, strikes are then prohibited under 
penalty of imprisonment. Because of the delays associated with this 
process, unions often resolved labor disputes before a strike was 
called. In addition, an injunction may be issued against a legal strike 
when the national interest is threatened or affected. The International 
Labor Organization's Committee of Experts repeatedly requested the 
Government to amend certain paragraphs of the 1976 Industrial Courts 
Act and the extensive list of essential services in the Labor Code, 
asserting that these provisions could be applied to prohibit the right 
to strike. During the year, there were seven strikes or work-related 
protests, including a strike against a government-owned utility company 
and one involving the seaport. The Education Ministry intervened in the 
teachers' disputes; the Labor Ministry intervened in the other cases, 
and the workers returned to work.
    There were no export processing zones, but there were free trade 
zones that facilitated services such as international banking and 
gambling. The Labor Code applied equally to workers in these zones as 
elsewhere in the country.

    c. Prohibition of Forced or Bonded Labor.--The Constitution forbids 
slavery and forced labor, including that by children, and they did not 
exist in practice.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law stipulates a minimum working age of 16 years, 
which corresponds with the provisions of the Education Act. In 
addition, persons under 18 years of age must have a medical clearance 
to work. The Ministry of Labor, which is required by law to conduct 
periodic inspections of workplaces, effectively enforced this law. The 
Labor Commissioner's Office also had an Inspectorate that investigated 
exploitative child labor matters. There was one report of a minimum age 
employment violation; the Labor Commission discussed the matter with 
both the employer and the employee, and the under-age employee stopped 
working.

    e. Acceptable Conditions of Work.--The Labor Code provides that the 
Minister of Labor can issue orders, which have the force of law, to 
establish a minimum wage. During the year a tripartite committee of 
representatives from employers, employees, and government met and 
recommended changes to the minimum wage. In December the Minister of 
Labor increased the minimum wage and set it at $2.22 (EC$6.00) an hour 
for all categories of labor. The minimum wage provided a barely 
adequate standard of living for a worker and family, and in practice 
the great majority of workers earned substantially more than the 
minimum wage.
    The law provides that workers are not required to work more than a 
48-hour, 6-day workweek, but in practice the standard workweek was 40 
hours in 5 days. The law stipulates that workers receive a minimum of 
12 days of annual leave. The law requires employers to provide 
maternity leave with 40 percent of wages for 6 weeks of leave, while 
social service programs provide the remaining 60 percent of wages. The 
employer's obligation ends after the first 6 weeks, but social services 
continue to pay 60 percent of wages for an additional 7 weeks, for a 
total of 13 weeks.
    The Government has not yet developed occupational health and safety 
laws or regulations, but a section of the Labor Code includes some 
provisions regarding occupational safety and health. Plans to 
incorporate comprehensive legislation on safety, health, and the 
welfare of workers into the existing Labor Code have not been 
implemented. The Government was exploring alternative sources of 
funding to purchase health and safety equipment. Although not 
specifically provided for by law, workers may leave a dangerous 
workplace situation without jeopardy to continued employment.

    f. Trafficking in Persons.--There were no laws that specifically 
address trafficking in persons. At year's end, official investigations 
were in progress to determine whether illegal aliens had been 
trafficked from the country to the United States in 2000 and 2001.
                               __________

                               ARGENTINA

    Argentina is a federal constitutional democracy with an executive 
branch headed by an elected president, a bicameral legislature, and a 
separate judiciary. In 1999 voters elected President Fernando de la Rua 
in generally free and fair elections. After protests in December 2001, 
de la Rua resigned and was succeeded briefly by three interim 
presidents before the Legislative Assembly elected Eduardo Duhalde to 
serve out the remainder of the de la Rua term. The Constitution 
provides for an independent judiciary, but judges and judicial staff 
were inefficient and at times subject to political influence.
    The President is the constitutional commander-in-chief, and a 
civilian Defense Minister oversees the armed forces. Several agencies 
share responsibility for maintaining law and order. The Federal Police 
(PFA) report to the Ministry of Justice, Security, and Human Rights, as 
do the Border Police (``Gendarmeria'') and Coast Guard. The PFA has 
jurisdiction in the Federal Capital and over federal crimes in the 
provinces. Provincial police are subordinate to the provincial 
governors. Some members of the security forces committed human rights 
abuses.
    The country has a market-based mixed agricultural, industrial, and 
service economy and a population of approximately 36.2 million. A 
recession that began in 1998 deepened, and production and consumption 
dropped sharply after the banking system was paralyzed, the Government 
defaulted on loan obligations, and the local currency--uncoupled from 
the dollar--lost 70 percent of its value. Per capita gross domestic 
product dropped from $7,418 in 2001 to approximately $2,700, and 
unemployment rose to 21.5 percent. Income disparities increased, and 
over 50 percent of the population lived below the poverty line.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. There were 
instances of killings, torture, and brutality by police and prison 
officials. Authorities prosecuted some police for such actions, 
although impunity continued, particularly in jails and prisons. Police 
corruption was a problem. Police used excessive force against 
demonstrators on several occasions. Overcrowding in jails and prisons 
was a problem. Provincial police sometimes arbitrarily arrested and 
detained citizens. The judiciary showed clear signs of politicization. 
The judiciary continued to work through the legacy of human rights 
abuses of the ``dirty war'' of the 1976-83 military regime. Anti-
Semitism remained a problem; however, the Government took steps to 
combat it. Domestic violence against women was a problem. 
Discrimination against racial and ethnic minorities persisted. Child 
labor was a problem. Argentina 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; however, police and prison 
officers were responsible for a number of killings involving the use of 
unwarranted or excessive force. The authorities investigated and in 
some cases detained, tried, and convicted the officers involved; 
however, impunity for those who committed abuses was sometimes a 
problem.
    There were a number of killings, including prison killings with 
suspected official involvement, killings at the time of apprehension, 
killings of demonstrators, and killings by stray bullets.
    On June 18, Daniel Chocobar died after being attacked by another 
prisoner the previous day. Chocobar had been transferred to Prison Unit 
9 of La Plata, Buenos Aires, after having denounced mistreatment in 
2001 in General Alvear prison, where other prisoners subsequently 
reported that officials offered them incentives to kill Chocobar (see 
Section 1.c). Chocobar's death followed that of at least four other 
prisoners who had filed complaints or served as witnesses against 
prison mistreatment.
    On June 26, Dario Santillan and Maximiliano Kosteki were shot and 
killed following a confrontation between police and roadblock 
demonstrators in the Buenos Aires suburb of Avellaneda (see Sections 
1.c. and 2.b.).
    On September 14, Roque Sebastian Villagra was killed by Federal 
Police in Buenos Aires. The police initially reported that Villagra was 
killed while resisting arrest; however, an autopsy later determined 
that Villagra, who had a police record, was shot in the back of the 
neck at close range. Three police were under preventive detention at 
the end of the year.
    Also on September 14, Federal Police agents forced three youths to 
jump into the Riachuelo river. One of the youths, 19-year-old Ezequiel 
Demonty, drowned. An autopsy showed Demonty, who had a hearing 
disability, received blows in the face and head prior to his drowning. 
Nine police were detained and charged with ``illegal deprivation of 
liberty followed by death,'' although the case initially was filed as 
``torture followed by death.'' At year's end, the case had not come to 
trial.
    Of the estimated 27 deaths that occurred in relation to the 
December 2001 store lootings and demonstrations, at least 5 in the city 
of Buenos Aires, 3 in Rosario and 1 in Santa Fe appeared attributable 
to police, according to information compiled by the Center for Legal 
and Social Studies (CELS). In the case of the five demonstrators killed 
in downtown Buenos Aires, an investigation began shortly after the 
events. A federal judge ordered the arrest of the former Minister of 
Interior, the Secretary of Interior, and various other officials. The 
two political level officials were released, although not exonerated, 
approximately 5 months later at the order of a higher court, which also 
ordered that the former Minister and the former President be questioned 
in the continuing investigation. Judge Oswaldo Barbero's investigation 
into the deaths that occurred in Rosario remained pending at year's 
end.
    The policeman whose personal weapon fired the bullet that killed 
bystander Edith Acevedo in El Talar, Buenos Aires Province, in March 
2001, was convicted of homicide on November 7. The judge suspended his 
sentence of 3 years and released him after he had spent over 18 months 
under detention pending trial.
    Two police officers were charged in the case of the April 2001 
killings of minors Gaston Galvan and Miguel Burgos whose bodies with 
hands and feet tied had been found with multiple gunshot wounds on a 
roadside in Tigre, Buenos Aires Province: One of the officers was in 
jail and the other was a fugitive. Two other officers from the same 
suspected group--which some human rights groups considered a death 
squad--were under detention for the killings of other minors. The 
deaths of 64 minors who were killed in supposed confrontations with 
police in Buenos Aires Province during 1999 and 2000 remained under 
investigation by the Attorney General. In March the Attorney General 
made public the first report on his investigation into the suspicious 
deaths of minors, including a list of 15 police officers suspected of 
involvement.
    There was no new information on the investigations in: The March 
2001 shooting death of 16-year-old Martin Gonzalez in Tigre, Buenos 
Aires Province (with suspected involvement of a policeman) or the June 
2001 deaths of Carlos Santillan and Oscar Barrios (apparently related 
to confrontations between police and roadblock protesters).
    On March 14, Cordoba's general prosecutor closed the investigations 
into the 2000 death of Vanesa Lorena Ledesma, a transvestite who died 
after 5 days under detention for a bar fight, concluding that Ledesma 
died of natural causes related to a congenital heart anomaly.
    In June a court convicted policeman Francisco David Bravo of 
homicide in the line of duty in the 2000 death of Juan Marcelo 
Carunchio in Cordoba. The court sentenced him to 2 years and 6 months, 
which was suspended and prohibited him from working as a police officer 
for 5 years. The court ordered police and provincial government to pay 
an indemnity to Carunchio's family.
    In October a former Caseros prison guard was convicted of homicide 
and sentenced to 20 years for the 2000 restaurant killing in which 
Maximiliano Noguera allegedly participated with the connivance of 
penitentiary staff. Another Caseros prison inmate was sentenced to 8 
years for the associated robbery.
    A policeman, Felipe Gil, was under detention and awaiting trial for 
homicide in the deaths of Jose Zambrano and Pablo Rodriguez in Mendoza 
Province in 2000. Several police who were detained in a related 
corruption case were later exonerated.
    There was no new information on the killings in 2000 of Manuel 
Fernandez in Jujuy, Jorge Marcelo Gonzalez in Corrientes, or Anibal 
Veron in Salta.
    A trial of police officers suspected of killing two hostages as 
well as a robber in the 1999 Villa Ramallo bank robbery--which some 
believe was done to hide possible police involvement in the robbery--
remained pending at year's end. A trial for the robbery itself ended in 
September with several convictions, including that of one policeman.
    The investigation continued into the 1994 terrorist bombing of the 
Buenos Aires Jewish Community Center (AMIA) in which 85 persons were 
killed. The trial of 20 suspects (15 of whom are former police 
officers) accused of providing material support for the attack began in 
September 2001 and continued at year's end (see Section 5).
    Courts continued to challenge the ``Due Obedience'' and ``Full 
Stop'' amnesty laws and pardons that benefited those suspected of 
having committed human rights violations during the 1976-83 military 
regime. In one such case, Judge Rodolfo Canicoba Corral investigated 
cooperation among military and security officials of the six 
participating nations of ``Operation Condor.'' In another case, in July 
Federal Judge Bonadio ordered the detention of over 40 individuals, 
mainly former military, intelligence, and police officials, including 
Leopoldo Galtieri (now deceased) and former generals Cristino 
Nicolaides and Carlos Suarez Mason. Bonadio was investigating the 
kidnaping and killing of 18 exiled Montonero guerrillas who had 
returned to the country for a 1979-80 ``counteroffensive.'' Other 
prosecutions of ``dirty war'' era offenses included cases stemming from 
crimes committed prior to the 1976 military coup, crimes involving 
theft of detainees' goods, and crimes related to the appropriation of 
minor children of detainees (see Section 1.b.). ``Truth Trials'' 
continued and in some cases brought testimony resulting in new court 
cases challenging the amnesty laws.
    The final decision as to the validity of the amnesty laws reached 
the Supreme Court, after federal judge Gabriel Cavallo declared amnesty 
laws invalid in March 2001 and an appeals court upheld that decision 
the following November. Cavallo and the appeals court based their 
decisions in part on the argument that the crimes at issue were 
proscribed by international law, which under Argentina's constitution 
would take precedence over local law (see Section 1.b.). In August 
Attorney General Nicolas Becerra issued an opinion arguing that the 
Supreme Court should declare the amnesty laws unconstitutional.
    Judicial authorities in Spain, Italy, France, Sweden, and Germany 
sought to prosecute those believed responsible for disappearances and 
killings during the military regime. In a December 2001 decree, the 
Government stated that the Foreign Ministry would refuse extradition 
for acts that occurred in its national territory or under its 
jurisdiction, confirming a long-held policy. In January the Government 
rejected Sweden's request for extradition of formal naval officer 
Alfredo Astiz.
    Retired Navy Commander Ricardo Cavallo, arrested in Mexico in 2000, 
continued legal challenges in Mexico to his extradition to Spain to 
face charges of genocide, torture and terrorism.
    In July Chile rejected Judge Maria Servini de Cubria's request for 
extradition of six former military and intelligence officials for the 
1974 assassination of Chilean general Carlos Prats and his wife in 
Buenos Aires on the grounds that the extradition request had not 
included sufficient information to prove the participation of the 
officials in the crime. In March Chilean courts also rejected the 
extradition of the former director of the Chilean intelligence agency 
Manuel Contreras, requested by Judge Canicoba Corral in the Operation 
Condor investigation for similar reasons.
    During the year, 45 Federal Police were killed in the Buenos Aires 
area: Six were on regular duty, and the others were performing official 
guard services.

    b. Disappearance.--There were no reports of politically motivated 
disappearances during the year.
    Judicial proceedings and extradition attempts related to killings, 
disappearances, and torture committed by the 1976-83 military regimes 
continued (see Section 1.a.).
    The Under Secretariat for Human Rights, which maintains the files 
of the National Commission on Disappeared Persons (CONADEP), received 
9,005 claims for financial compensation from families of those who died 
or disappeared during the military dictatorship. While some human 
rights groups claimed that as many as 30,000 persons disappeared, the 
number of compensation applications suggested that a figure between 
10,000 and 15,000 may be more accurate.
    At the urging of the human rights organization Grandmothers of the 
Plaza de Mayo, judicial authorities continued to investigate the 
kidnaping and illegal adoption by members of the former military regime 
of children born to detained dissidents. There were an estimated 250 to 
300 such cases. The Grandmothers also assisted families in presenting 
about 200 cases of kidnaped children nationwide and by mid-year had 
identified 73 children of disappeared persons.
    In March Uruguayan Sara Mendez, whose baby was kidnaped while she 
was detained in a clandestine detention center in Argentina in 1976, 
was reunited with her 26-year-old son Simon Riquelo.
    Francisco Gomez was imprisoned and his wife, Teodora Jofre, placed 
under house arrest, accused of falsifying documents and appropriating 
the child of Patricia Roisinblit and Jose Manuel Perez, born while the 
parents were held in a clandestine detention center. Navy doctor Jorge 
Luis Magnacco also remained under house arrest for having attended the 
clandestine births.
    A Supreme Court decision was pending in the case of a suspected 
daughter of a couple who disappeared; the daughter refused a 2000 court 
order to provide a blood sample for DNA analysis to prove her true 
identity. The woman said that she will submit the sample voluntarily 
only if her adoptive parents, who have been detained since 1999 on 
charges of illegal adoption and substitution of identity, are given 
immunity.
    Many of the military junta leaders sentenced in 1985 to life 
imprisonment for crimes committed during the military dictatorship, who 
were pardoned in 1990 and then rearrested in 2000, remained under house 
arrest.
    Despite amnesty laws benefiting those suspected of human rights 
abuses during the dirty war, since 1995 human rights activists have 
pursued truth trials, intended to correct official records, especially 
with regard to the fate of those who disappeared and those born in 
captivity (see Section 1.a.).

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture, and the Criminal Code 
provides penalties for torture similar to those for homicide; however, 
torture and brutality by police and prison guards remained serious 
problems. Human rights organizations described widespread police 
brutality, the use of torture on suspects, and corruption within the 
prison and police forces. The Government investigated some reports of 
police or prison brutality, but few cases were tried and even fewer 
resulted in convictions. In some jurisdictions, such as Mendoza 
Province and greater Buenos Aires, threats to witnesses and advocates 
made prosecution of abuses and reform more difficult. A January 2001 
report of the U.N. Special Rapporteur on Torture recalled concerns 
raised in the U.N. Human Rights Commission's October 2000 review under 
the International Covenant on Civil and Political Rights. In 
particular, the Rapporteur noted concerns about allegations that 
torture and excessive use of force by police officials were ``a 
widespread problem and that government mechanisms established to 
address it are inadequate.'' The Rapporteur's report also expressed 
concern about prison conditions and cited specifically ``the severe 
overcrowding and the poor quality of basic necessities and services, 
including food, clothing and medical care.'' The report also stated 
that it had been established that there had been ``abuses of authority 
by prison officials, such as torture and ill-treatment and 
corruption.'' A Secretariat for Human Rights for Buenos Aires Province 
was created in January, with one of its first tasks being development 
of a Program for the Prevention of Torture.
    In 2001 three federal judges strongly criticized ``the generalized 
practice of torture in all its forms in a systematic way, in the area 
of investigations and the treatment of detainees, especially in the 
Province of Buenos Aires, where there is a history of authoritarian 
style state violence.'' The judges based their report in part on a 
2000-01 investigation by public defender Mario Coriolano and noted that 
few instances of complaints were sustained in courts because of the 
difficulty of obtaining proof due to witnesses' fear of reprisals.
    According to press reports, a study by the National Attorney 
General's office indicated that of 676 complaints filed in the Federal 
Capital of Buenos Aires in 2000 for illegal harassment or torture, only 
4 public trials were held, and there were no convictions. In the first 
half of 2001, 271 complaints were filed; 2 trials were held that 
resulted in 1 conviction. A July 26 report by CELS to the U.N. Special 
Rapporteur on Torture indicated that the number of complaints for 
torture of minors under state supervision in Buenos Aires Province more 
than doubled in the first 6 months of the year over the same period in 
2001. In general there was little improvement in the treatment of 
prisoners, including minors, and impunity for abuses prevailed. Steps 
were taken that could weaken detection and prosecution, such as placing 
the Buenos Aires provincial prosecutor rather than the public defender 
in charge of registering abuses.
    On May 10, police in the Buenos Aires suburb of Florencia Varela 
detained a young couple to ``check their records.'' The two were then 
beaten. Upon her release, the woman, Andrea Viera, already in poor 
health, had to be taken to a hospital where she died several days 
later. An investigation was begun and seven police were detained and 
are awaiting trial.
    According to witnesses and consistent with an autopsy report, 
Ezequiel Desmonty was beaten by police prior to being forced into a 
river where he drowned on September 14 (see Section 1.a.).
    Two police officers were charged in the April 2001 killings in 
Tigre, Buenos Aires, of two boys whose families had filed torture 
complaints: One of the officers was in jail, and the other was a 
fugitive (see Section 1.a.).
    There was no new information in the two 2001 cases of beating and 
intimidation of police witnesses who alleged police corruption, 
involving Adrian Lopez in Mendoza Province and Roberto Lucero and Maria 
de los Angeles de Romero in Buenos Aires Province.
    Five police agents, including a chief, were jailed and face charges 
for torture in the case of Javier Villanueva, detained in Lomas de 
Zamora, Buenos Aires Province in October 2001, and later determined by 
a medical examination to have been subject to torture by electrical 
shock.
    In May a court convicted a policewoman, three other former 
provincial police, and a member of the national intelligence agency 
(SIDE) and sentenced them to 3 to 15 years in prison for the 2000 
beating of Ariel Simonini in Tres de Febrero, Buenos Aires Province.
    There was no further information in Judge Mario Castillo Sola's 
investigation of the 2000 kidnaping and torture of Aldo Bravo by 
provincial police of Santiago del Estero or in Judge Hugo Perotti's 
investigation into the 2000 police beating of Cristian Omar Lopez in 
Diamante district.
    There were numerous charges of police corruption. Police activities 
were often not well financed and police were not well paid, with a 
starting monthly salary of $110 (400 pesos) compared with an average 
worker's earnings of approximately $150 (550 pesos) monthly. A police 
captain earns approximately $560 (2,000 pesos) monthly. Police often 
performed official contract guard duty to earn extra money. Police 
corruption was systemic; some of the most common practices included 
extortion of and protection for those involved in illegal gambling, 
prostitution, and auto theft rings, as well as detention and extortion 
of citizens under the threat of planting evidence to charge them for 
crimes. Addressing police corruption was difficult in part because the 
suspects intimidated whistleblowing colleagues, judicial officials, and 
civilian witnesses. Threats and beatings allegedly aimed to intimidate 
witnesses were common and, in some cases, occurred in connection with 
murders believed committed by members of security forces (see Section 
1.a.).
    Provincial police and Federal Border Police clashed with 
demonstrators on numerous occasions during the year (see Section 2.b.). 
On a number of occasions police used tear gas, water cannons, and 
rubber bullets to disperse demonstrators, and injuries and deaths were 
reported. In a confrontation in Buenos Aires Province on June 26, two 
persons were killed and others were injured (see Sections 1.a. and 
2.b.).
    The investigation into the killing of at least five persons in 
protests in Buenos Aires in December 2001 continued, and there were a 
number of detentions made in the case (see Sections 1.a., 2.b., and 
3.).
    In the March 2001 beating of Maria Dolores Gomez, public defender 
in San Isidro, Buenos Aires Province, investigations failed either to 
substantiate that the assault on Gomez were related to her work or to 
corroborate evidence of threats to Gomez. However, the Border Police 
provided protection to Gomez in response to a request by the Inter-
American Commission on Human Rights (see Section 1.e.).
    There was no known progress in the investigations into the January 
2001 explosion that damaged a Shi'a Muslim mosque in Buenos Aires (see 
Section 5) or into the May 2001 attack on the daughter of political 
activist Hebe de Bonafini in Buenos Aires Province (see Section 4).
    Prison conditions were poor. Some facilities are old and 
dilapidated, and many prisons and jails were overcrowded. A notable 
increase in crime and stricter provisions for early release combined 
with a slow judicial system to fill prisons and police stations to well 
above capacity. According to CELS, in Buenos Aires Province (which 
accounts for over 37 percent of all prisoners nationwide) 24,200 
prisoners were held in facilities designed for 15,900, and over 80 
percent of those incarcerated were held in pretrial detention. The 
overcrowding contributed both to security problems--such as jailbreaks 
and riots--and to mistreatment of prisoners.
    Torture and brutality by prison guards and officials remained 
serious problems. A number of prisoners who had previously filed 
complaints about torture and mistreatment were killed in prison in 2001 
and 2002. After filing a torture complaint at General Alvear Prison in 
2001, Daniel Chocobar produced witnesses who testified that prison 
officials had offered other prisoners benefits in exchange for killing 
him. Chocobar was transferred but was stabbed by another prisoner at 
Prison Unit 9 in La Plata on June 17 and died the next day. Several 
other prisoners, such as Juan Ramon Gonzalez Sosa, who had testified 
about mistreatment at General Alvear prison, were also killed under 
suspicious circumstances in 2001 (see Section 1.a). There was no 
reported serious investigation of these cases by the penitentiary 
service.
    Hernan Larranaga, a prisoner burned in his isolation cell after 
prison officials were seen carrying a suspicious liquid there in July 
2001, survived after months of intensive burn therapy. He remained 
incarcerated, and there were reports that his life would be under 
threat in any of the Buenos Aires Penitentiary units. There was no new 
information on the investigation into the burning.
    Corruption among prison guards was a problem. Incidents in various 
prisons in Buenos Aires Province suggested the existence of a network 
of prison corruption aimed at retaliating against and silencing 
prisoners who filed complaints about torture. In a public trial that 
began in September for the killing of a police officer guarding a 
restaurant in 1998, a prisoner claimed he was released to commit crimes 
and shared a portion of the proceeds with prison guards, one of whom 
was also a participant in the restaurant incident. This case was linked 
to the 2001 prison guard taping of testimony by prisoner Carlos Sandez 
Tejada and the suspicious deaths of prisoners Maximiliano Noguera and 
his former cellmate and witness to prison irregularities, Miguel Angel 
Arribas (see Section 1.a.). The January 2001 report of the U.N. Special 
Rapporteur for Torture noted concerns about ``abuses of authority by 
prison officials, such as torture and ill treatment, and corruption.''
    Under national regulations, pretrial prisoners may not be held 
together with convicted prisoners; however, reliable reports indicate 
that this segregation of prisoners often was not respected in practice.
    The law provides for separate facilities for women and for minors, 
and these were available.
    The Government permitted prison visits by independent human rights 
observers.

    d. Arbitrary Arrest, Detention, or Exile.--The Penal Code limits 
the arrest and investigatory power of the police and the judiciary; 
however, provincial police sometimes ignored these restrictions and 
arbitrarily arrested and detained citizens. Human rights groups found 
it difficult to document such incidents and said that victims were 
reluctant to file complaints because they feared police retaliation or 
did not believe that their complaints would result in any action.
    Police may detain suspects for up to 10 hours without an arrest 
warrant if the authorities have a well-founded belief that suspects 
have committed, or are about to commit, a crime, or if they are unable 
to determine the identity of a suspect. However, human rights groups 
argued that this provision of law was disregarded in order to extort 
money from persons by threatening to charge them with illegal weapons 
or drug possession.
    A 2001 law permits the Federal Police to question suspects at the 
scene of the crime and to hold suspects incommunicado for up to 10 
hours. It also gives police additional search powers (see Section 
1.f.).
    The law allows pretrial detention for up to 2 years, and the slow 
pace of the justice system often resulted in lengthy pretrial 
detentions (see Section 1.e.). If convicted, a prisoner usually 
receives credit for time already served. According to local 
authorities, approximately 70 percent of the inmates in the federal 
prisons of the greater Buenos Aires area were in pretrial detention. 
The law provides for the right to bail, and it was utilized in 
practice.
    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; however, while the judiciary is nominally 
independent and impartial, its judges and judicial personnel were 
inefficient and at times subject to and apt to exercise political 
influence. The system was hampered by inordinate delays, procedural 
logjams, changes of judges, inadequate administrative support, and 
incompetence. Judges have broad discretion as to whether and how to 
pursue investigations, contributing to a sense that many decisions are 
arbitrary. Allegations of corruption were reported widely, but only a 
small number of investigations, judicial impeachment trials, and 
dismissals of judges actually took place. Allegations of corruption in 
provincial courts were even more frequent than at the federal level, 
reflecting strong connections between some governors and judicial 
powers in their provinces.
    Throughout much of the year, the National Congress pursued an 
effort to impeach all the members of the Supreme Court. Charges against 
the members ranged from failure to investigate the 1992 bombing of the 
Israeli Embassy to a broad variety of ethics issues. There was a 
widespread perception that the impeachment effort was highly 
politicized. Although the Impeachment Committee of the Chamber of 
Deputies recommended the impeachment of all nine Justices, the 
impeachments were shelved in October when none gained a two-thirds 
majority in the full Chamber.
    There were credible allegations of efforts by members of security 
forces and others to intimidate the judiciary and witnesses (see 
Sections 1.a., 1.b., and 1.c.).
    On June 4, in Villa Carlos Paz, Cordoba Province, teenage Ian Duran 
was shot to death shortly before he was expected to testify in the 
investigation into the May murder of Pablo Jossens. In June a detective 
investigating the Jossens case was also shot to death, and, according 
to press accounts, the initial prosecutor for the case received threats 
and turned the case over to another prosecutor. In September Duran's 
family began receiving death threats, and in November Duran's mother, 
also a potential witness in the Jossens case, was attacked and told to 
keep silent. In December the former police chief was taken into custody 
and charged with secondary participation in the murder of Jossens.
    The Government provided a Border Police protection detail for 
public defender Maria Dolores Gomez, who was beaten and reportedly 
received threats attributed to prison authorities in March 2001. An 
investigation into the threats failed to substantiate them (see Section 
1.c.).
    There was no new information in the investigation into the 2000 
death threats received by Judge Maria Romilda Servini de Cubria and her 
judicial secretary Ricardo Parodi, apparently in relation to 
investigations of kidnaping of children during the dirty war (see 
Section 1.b.). Additional security was provided to them.
    The judicial system is divided into federal and provincial courts, 
each headed by a Supreme Court with chambers of appeal and section 
courts below it. The federal courts are divided between the criminal 
courts and economic courts.
    The Council of Magistrates submits a slate of candidates for each 
federal judicial vacancy to the President, whose selection is subject 
to Senate approval. The Council also conducts impeachment hearings and 
administers the federal court system. In October there were 93 vacant 
positions and 67 slates awaiting Executive decisions. Two judges were 
removed by the Council.
    Trials are public, and defendants have the right to legal counsel 
and to call defense witnesses. A panel of judges decides guilt or 
innocence. Federal and provincial courts continued the transition to 
oral trials in criminal cases, instead of the old system of written 
submissions. However, substantial elements of the old system remain. 
For example, before the oral part of a trial begins, judges receive 
pretrial written documentation regarding the case, which, according to 
prominent legal experts, could bias a judge before oral testimony is 
heard. Lengthy delays in trials were a problem. The 1994 Constitution 
provides for trial by jury; however, required implementing legislation 
has not been passed. There is a provision for counsel for indigents; 
however, in practice counsel may not always be provided due to a lack 
of resources.
    Several groups expressed concern regarding laws for judicial 
proceedings regarding minors (see Section 5).
    Nine of the 11 prisoners convicted in the 1989 assault on the army 
barracks at La Tablada received conditional liberty in May.
    There were no other reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices, and the 
Government generally respected these prohibitions in practice. 
Violations were subject to legal sanction. In practice local police 
stopped and searched individuals without probable cause--a practice 
that increased as crime rates rose.
    A 2001 law gave Federal Police new powers, including the power to 
enter the scene of a search without civilian witnesses in case of 
danger; to take evidence of a crime found while searching for items 
related to a different crime; and to search anyone, their belongings 
and cars, without a court order in order to find items ``stemming from 
or constituting a crime or which could be used to commit one'' as long 
as prior circumstances justify it and they are done in a place that is 
public or with unrestricted access. The law also provides for expanded 
powers of detention (see Section 1.d.).
    A 2001 intelligence law provides for legislative oversight over 
government intelligence activities and prohibits unauthorized 
interception of telephone, postal, facsimile, or other voice or image 
transmissions as well as other kinds of information, files, and private 
documents. On June 6, the Government issued implementing regulations.

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.
    A number of independent newspapers and magazines published freely, 
and all print media were owned privately. Privately owned radio and 
television stations broadcast freely. The Federal government owns the 
Telam wire service, a radio network, and a television station. A few 
provincial governments also own broadcast media.
    There was no information on the status of investigations into the 
March 2001 delivery of a hand grenade and note to Carlos Abrehu, editor 
of La Gaceta of Tucuman, or of the shots fired into the homes of radio 
journalists Edgardo Soto in Santa Rosa and Martin Oeschger in Santa 
Fe's Capitan Bermudez in February and June 2001, respectively.
    In June 2001, the Special Rapporteur for the U.N. Commission on 
Human Rights visited the Province of Santiago del Estero where daily El 
Liberal's reproduction of an insulting headline brought an onerous 
legal challenge by the Women's Branch of the Peronist Party. In his 
report released on February 25, the Special Rapporteur stated that the 
right of freedom of opinion and expression was widely respected and 
realized in the country; however, in the case of Santiago del Estero 
Province, he expressed deep concern. He urged provincial authorities to 
find a peaceful settlement to the crisis in which the Government 
withheld advertising to cripple El Liberal, which had become the target 
of abuse of executive power.
    There was no additional information with respect to reports in 2000 
of wiretaps and threats against El Liberal and threats against 
Cordoba's La Voz del Interior, which had published information about 
wiretapping and other abuses attributed to the provincial government of 
Santiago del Estero.
    Suspects on trial for the 1999 killing of Ricardo Gangeme in Chubut 
Province, which some observers believed was related to his writing, 
were acquitted in a trial that began in August.
    The law provides for academic freedom, and the Government did not 
restrict this right in practice.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
and the law provide for freedom of assembly, and the Government 
generally respected this right in practice. There were numerous 
peaceful protests and demonstrations throughout the country during the 
year (see Section 6.a.). However, on a number of occasions, the 
security forces used rubber bullets, tear gas, and water cannons to 
disperse unruly demonstrators, resulting in several deaths and a number 
of injuries (see Section 1.a).
    Protest marches, roadblocks, and other demonstrations occurred 
frequently during the year. Often the protests were related to 
restrictions on withdrawals from banks and conversion of dollar 
deposits to pesos, cuts in or late payment of public employees' wages, 
loss of employment, distribution of public benefit programs, and 
deterioration of public services. Roadblocks usually carried out by 
organized groups of the unemployed were common. The vast majority of 
these protests were carried out peacefully; however, in some cases, 
there was violence, and clashes occurred between demonstrators and 
public security forces, which generally used tear gas and rubber 
bullets to disperse protesters. Demonstrators sometimes were detained, 
often leading to charges that the Government, whether national or 
provincial, was ``criminalizing'' protests.
    On June 26, in the Buenos Aires suburb of Avellaneda, a group of 
several hundred club-wielding demonstrators clashed with provincial 
police and Naval Prefecture forces. While initially using tear gas and 
rubber bullets, police forces pursuing demonstrators subsequently used 
force that resulted in two deaths and numerous injuries. Autopsies on 
demonstrators Maximiliano Kosteki and Dario Santillan found they were 
killed by metal shot. Press photos showed police pointing shotguns 
toward Santillan. In the same clash, it was reported that more than 100 
persons were injured by such means as rubber and lead shot and that 
there were dozens of brief detentions and a search without a warrant of 
the nearby United Left/Communist Party headquarters (where protesters 
had taken refuge). An investigation began immediately, and the 
provincial governor replaced the Security Minister and police 
officials. A number of police were detained, including the police chief 
in charge of the operation (see Section 1.a.).
    The Constitution and the law provide 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. The Constitution states that the Federal government 
``sustains the apostolic Roman Catholic faith,'' and the Government 
provides the Catholic Church with a variety of subsidies. Other 
religious faiths were practiced freely.
    The Secretariat of Worship in the Ministry of Foreign Relations, 
International Trade, and Worship is responsible for conducting the 
Government's relations with the Catholic Church, non-Catholic Christian 
churches, and other religious organizations in the country. Religious 
organizations that wish to hold public worship services and to obtain 
tax exempt status must register with the Secretariat, and must report 
periodically to the Secretariat in order to maintain their status.
    Acts of discrimination and violence against religious minorities, 
particularly the Jewish and Muslim communities continued to be 
reported. Combating this and other forms of intolerance was a priority 
for the National Institute against Discrimination, Xenophobia, and 
Racism (INADI). The Government continued to support a public dialog to 
highlight past discrimination and to encourage improved religious 
tolerance. There were a number of reports of anti-Semitic acts and of 
threats against Jewish organizations and individuals during the year. 
The most frequent incidents included the appearance of anti-Semitic and 
pro-Nazi graffiti and posters in cities throughout the country.
    On July 14, some 150 tombs in an Islamic cemetery in the La Matanza 
district of Buenos Aires Province were attacked. Tombstones were broken 
and graves disturbed, but no offensive messages or graffiti were found. 
INADI and predominantly Jewish groups, acting in solidarity with the 
Islamic community, immediately issued statements repudiating the 
attacks as discriminatory. The La Matanza prosecutor was charged with 
the investigation.
    On November 8, an anti-tank grenade was found outside a Jewish club 
in La Plata, Buenos Aires Province. The grenade, which was not equipped 
to explode, was found in a box along with a note bearing anti-Semitic 
slogans and a drawing of a swastika.
    There was no progress in the investigations into the January 2001 
attack on the Shi'a Muslim mosque in Buenos Aires, the bomb threat 
reportedly received 2 days later by the San Justo Islamic Cultural 
Center in Buenos Aires, or the April 2001 letter bomb which injured 
musician Alberto Merenson.
    The Government began a Holocaust Education Project, under the 
auspices of the International Holocaust Education Task Force, which the 
country joined in June. The Ministry of Education worked to include 
Holocaust education in primary and secondary schools, and schools now 
commemorate a national day of tolerance on April 19. The Government 
renewed the charter of the National Commission for Clarification of 
Nazi Activities (CEANA), enabling CEANA to continue its investigations 
and to cooperate in Holocaust education.
    The investigation into the 1992 bombing of the Israeli Embassy in 
Buenos Aires came to a virtual standstill. However, the investigation 
to find those directly responsible for the 1994 bombing of the AMIA 
Jewish community center (in which 85 persons died) continued during the 
year.
    The public trial of 20 individuals (including 15 former Buenos 
Aires Province police officers) accused of providing the vehicle used 
in the 1994 bombing of the AMIA Jewish community center continued. 
Since the trial began in September 2001, testimony of over 800 
witnesses focussed largely on carefully establishing the facts of the 
case, particularly the use of a van filled with explosives to carry out 
the attack (see Section 1.a.).
    In May the third suspect accused in the 1995 beating of a youth 
believed to be Jewish surrendered to authorities after failing to 
appear in the December 2001 trial in which the other two defendants 
were convicted. In August he was released from detention, and a trial 
date had not been set 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 and laws provide for 
these rights, and the Government generally respected them in practice. 
Protesters frequently blocked roads and streets (see Sections 2.b. and 
6.a.).
    A committee composed of representatives of the Ministries of 
Justice, Foreign Affairs, and the Interior determines grants of refugee 
status, using the criteria of the 1951 U.N. Convention Relating to the 
Status of Refugees and its 1967 Protocol. A representative of the U.N. 
High Commissioner for Refugees may participate in committee hearings, 
but may not vote. The Government granted refugee status to numerous 
persons and accepted refugees for resettlement. As of September, 1,500 
persons were awaiting decisions on their refugee status requests. 
During the year, the country received 360 new requests for refugee 
status from persons from 23 countries, compared with 861 requests 
received in 2001, 1,320 in 2000, and 1,456 in 1999. The country also 
implemented a cooperation program with the UNHCR, enabling them to more 
efficiently examine the large influx of cases in 1999 and 2000. 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. In 1999 voters elected Fernando de la Rua, leader of the 
``Alianza'' coalition of opposition parties, as president. In national 
midterm legislative elections in October 2001, the opposition 
Justicialist party maintained its absolute majority in the Senate and 
replaced the Alianza as the largest party in the Lower House. This was 
the first time that the voters directly elected the Senate; previously 
provincial legislatures elected senators.
    On December 20, 2001, after protests, street violence, looting, and 
deadly confrontations between security forces and demonstrators, 
President De la Rua resigned. After several short-term interim 
presidencies, including one lasting 1 week headed by fomer San Luis 
Governor Adolfo Rodriguez Saa, the legislature selected former Buenos 
Aires provincial governor Eduardo Duhalde to serve out the remainder of 
the De la Rua term. In June Duhalde called for presidential elections 
to be moved forward to allow a new President to take office by May 25, 
2003.
    The Constitution calls for political parties to implement measures 
to increase women's representation in elective office. Decrees were 
issued in 1993 and 2000 effectively resulting in an increase in the 
representation of women in the national legislature. In the lower 
chamber, 77 of 257 members were women. In the Senate, there were 24 
women among the 72 members. Three cabinet members were women, the 
Minister of Labor, Employment and Social Security, the Minister of 
Education, and the Minister of Social Development. There were no female 
Supreme Court justices, but women were prominent in other levels of the 
judiciary.

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 was 
usually cooperative, although not always responsive to their views.
    Among the most active human rights organizations were the 
Grandmothers of Plaza de Mayo, the Mothers of Plaza de Mayo Founding 
Line, the Center for Legal and Social Studies, the Permanent Assembly 
for Human Rights, Service for Peace and Justice, and New Rights of Man.
    There were credible allegations of efforts by members of security 
forces and others to intimidate the judiciary, witnesses, and local 
human rights organizations (see Section 1.e.). For example, in June 
Daniel Chocobar, a witness to alleged prison guard abuses was killed in 
prison apparently by another prisoner, but prison official involvement 
was plausible (see Section 1.a.). On September 20, unknown assailants 
shot into the home of Estela de Carlotto, a well-known leader of the 
Grandmothers of the Plaza de Mayo. She was not injured in the attack, 
and the provincial government immediately began an investigation into 
the attack.
    Within the Federal government, the Ministry of Justice, Security 
and Human Rights' Under Secretariat for Human Rights addresses human 
rights concerns at a domestic level. Human rights issues at the 
international level are handled by the Directorate General of Human 
Rights of the Ministry of Foreign Relations, International Trade, and 
Worship. The Foreign Ministry passes information on human rights issues 
raised internationally to the Ministry of Justice, which in turn, 
coordinates with a network of human rights representatives in the 
provinces. The Foreign Ministry and Ministry of Justice, Security and 
Human Rights cooperated with international human rights entities and 
provided helpful follow up information and assistance on key cases.
    Representatives of the Inter-American Commission on Human Rights 
(IACHR) visited the country from July 29 to August 6. The IACHR 
representatives noted government efforts to solve amicably pending 
human rights cases, the deep impact of the social and economic crisis 
on human rights, the serious lack of confidence in the judiciary, and 
the need for a well functioning judiciary as a base for the protection 
of human rights. They also took note of public concern about 
deterioration in public security and of numerous complaints related to 
abuses by public security forces. The IAHCR representatives highlighted 
overcrowding and consequent problems in jails and prisons and 
encouraged measures adopted by the Buenos Aires provincial government 
to improve protection of fundamental rights in the province.
    A 2000 law calls for the human rights commissions of both chambers 
to write an annual report on human rights in the country beginning in 
2001; the two committees had begun work but had not issued a report by 
year's end.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution and law provide for equal treatment for all 
citizens, and the law provides for prison terms of up to 3 years for 
discrimination based on race, nationality, ideology, political opinion, 
sex, economic position, social class, or physical characteristics.
    INADI is mandated to identify and combat all forms of intolerance 
in the country. INADI investigates violations of the antidiscrimination 
law and carries out research and educational programs to promote social 
and cultural pluralism and combat discriminatory attitudes. After 
several years of institutional difficulties, the law establishing INADI 
was amended to provide INADI with greater independence and a budget of 
its own.
    A 2000 Amnesty International (AI) report expressed concern over 
reports that police targeted, tortured, and harassed gays, lesbians, 
and bisexuals (see Section 1.c.). The report included information 
regarding the 2000 death in police custody of a transvestite whose body 
showed signs of torture (see Section 1.a.). AI noted that police bylaws 
and provincial codes of misdemeanors allow police to detain or sanction 
members of sexual minorities for actions that do not constitute a 
criminal offense.

    Women.--Domestic violence and sexual harassment against women were 
recognized as serious social problems; however, the lack of official 
statistics on these crimes made accurate measure of the problems 
difficult. The Government, through the National Council of Women, 
implemented a new database system to standardize statistics on domestic 
violence, permit a more accurate evaluation of the scope of the 
problem, and promote better public policy. Although no national 
statistics on domestic violence were available, there were 658 
complaints of sexual abuse filed in Buenos Aires in 2001, and experts 
estimated that only 10 to 20 percent of such incidents were reported.
    Any person suffering physical or psychological domestic violence by 
a family member may file a formal complaint with a judge or police 
station; the level of injury inflicted determines the punishment under 
the civil and criminal codes. In addition, the Law on Protection 
Against Family Violence gives a judge the right to prevent the 
perpetrator of a violent act from entering the home or place of work of 
the victim and temporarily to decide issues of family support, child 
custody, and arrangements for communication with children.
    Reliable statistics as to the extent of rape were not available. 
The crime of rape falls under the Law of Crimes Against Sexual 
Integrity. Marital rape and acquaintance rape are offenses under the 
law, if force is involved, but the need for proof, either in the form 
of clear physical injury or the testimony of a witness, often presented 
problems. The penalties for rape vary from 6 months to 20 years and 
depend on the nature of the relationship between the rapist and victim 
and the physical and mental harm inflicted.
    Public and private institutions offered prevention programs and 
provide support and treatment for women who had been abused, but 
transitory housing was almost nonexistent. The Buenos Aires municipal 
government operated a small shelter for battered women and a 24-hour 
hot line offering support and guidance to victims of violence, but few 
other shelters exist. NGOs working in the area of women's rights 
stressed that women often did not have a full understanding of their 
rights or of what actions could be considered punishable offenses.
    Sexual harassment was a serious problem. In 2001 Buenos Aires 
Province adopted the first law outlawing sexual harassment in 
provincial agencies. However, women lacked information about what 
constitutes sexual harassment.
    Prostitution is illegal but did occur. Some women have been 
trafficked to the country for purposes of prostitution in the past (see 
Section 6.f.).
    Despite legal prohibitions, women encountered economic 
discrimination and occupied a disproportionate number of lower paying 
jobs. Often women were paid less than men for equivalent work, although 
this is prohibited explicitly by law. Working women also were 
represented disproportionately in the informal sector, where they did 
not have the work-related economic and social benefits enjoyed by 
registered workers.
    The National Council of Women, an interagency organization under 
the authority of the President's Cabinet Chief, carried out programs to 
promote equal opportunity for women in the social, political, and 
economic arenas. The Special Agency for Women's Issues, a unit in the 
Ministry of Foreign Affairs, participated in studying domestic law 
standards so as to adapt them to the rules of international law. This 
Agency and the National Council of Women, together with the Labor 
Ministry and union and business organizations, formed the Tripartite 
Committee on Equal Opportunity for Men and Women in the Workplace, 
which sought to foster equal treatment and opportunities for men and 
women in the job market.

    Children.--The Government voiced strong commitment to issues of 
children's rights and welfare, including education and health; however, 
austere federal and provincial budgets meant that programs in these 
areas received insufficient funding. The Ministry of Justice, Security, 
and Human Rights' Under Secretariat for Human and Social Rights worked 
with UNICEF and other international agencies to promote children's 
rights.
    The law requires that all children receive a minimum of 9 years of 
schooling, beginning at 6 years of age. Education is compulsory, free, 
and universal for children up to the age of 15; however, adequate 
schooling is unavailable in some rural areas. A 1999 study by the 
National Council for Childhood, Adolescence and the Family--an 
independent government organization reporting to the Ministry of Social 
Development and Environment--stated that approximately 99 percent of 
all children of primary school age attended schools, with roughly the 
same percentages for both genders. There were numerous federal and 
provincial health care programs for children, although not all children 
had access to them.
    NGOs and church sources indicated that child abuse and prostitution 
increased, although no corroborating statistics were available. A 2000 
UNICEF report stated that sexual exploitation of children was 
widespread due to police inefficiency and lack of judicial 
intervention. The children involved usually worked in the same 
institutions as adults. The National Council for Childhood, 
Adolescence, and the Family has developed an Action Plan, together with 
the Attorney General, the Ministry of Justice, Security and Human 
Rights, the National Council of Women, and UNICEF, on the elimination 
of child prostitution.
    The country's economic crisis disproportionately affected children. 
Almost 3 out of 4 children under age 12 lived under the official 
poverty line. Nearly 40 percent of children were considered indigent, 
as their families did not earn enough to meet their basic food 
necessities. According to the Center for Studies on Infant Nutrition, 
malnutrition increased from 11 percent to 20 percent between 2001 and 
2002. The public health system did not keep pace with the increased 
risks. The press reported over 60 deaths of children attributed to 
malnutrition, and the health minister estimated that some 11,000 
children in Argentina die each year from such preventable causes. 
Schools often had meal programs, and elementary school attendance 
reportedly remained high even in poor communities. The Government's 
subsidy program for unemployed heads of households assisted more than 2 
million people by year's end. An emergency feeding program was also 
implemented nationwide. Many school meal programs were kept open over 
the summer break in order to help ameliorate the situation.
    There was a report of an isolated case of two Bolivian children 
trafficked to the country for labor (see Section 6.f.).
    UNICEF and the National Council for Childhood, Adolescence and the 
Family were concerned about existing laws for judicial proceedings 
regarding minors. Children under the age of 16 have immunity. However, 
under the Law of Guardianship, those accused of a crime who are between 
the ages of 16 and 18 are taken before a judge and assumed guilty of 
the crime, without the benefit of either an oral or written trial. 
Punishment is then determined based not on the severity of the crime 
under the law but on the financial ability of the guardians to provide 
treatment and rehabilitation. Thus, minors who commit serious crimes 
but come from wealthier families may be released to the guardians, 
while minors from impoverished backgrounds may be sent to juvenile 
detention centers for lesser crimes.

    Persons with Disabilities.--The law prohibits discrimination 
against persons with disabilities in employment, education, and the 
provision of other state services, and mandates access to buildings for 
persons with disabilities. There was some progress in these areas. The 
National Advisory Commission on the Integration of People with 
Disabilities (a governmental office), the national ombudsman, and 
numerous NGOs defended the rights of persons with disabilities and 
helped them to find employment.
    A 1994 law mandates standards regarding access to public buildings, 
parks, plazas, stairs, and pedestrian areas. Street curbs, commuter 
train stations, and some buildings in Buenos Aires have been modified 
to accommodate wheelchairs, but many public buildings and lavatories 
remained inaccessible to persons with disabilities. The Buenos Aires 
subway system installed a small number of escalators and four elevators 
for one of the city's five subway lines; however, the other four subway 
lines remained inaccessible to many persons with disabilities.
    A 2000 law mandated greater accessibility to buses and trains for 
persons with disabilities such that 1 of 50 buses must be equipped with 
a lowered floor or wheelchair lift. However, NGO groups claimed that 
these buses were not maintained, that these bus services were not 
regular, and that bus drivers were not given special training to deal 
with the needs of persons with disabilities.
    NGOs and special interest groups claimed accessibility laws often 
were not respected in practice. The law does not define the term 
``accessible'' nor does it provide deadlines or penalties for 
noncompliance. The national law is not mandatory for the provinces, and 
there are no penalties for provincial noncompliance. Accessibility laws 
have not been implemented in local building codes, and many new 
buildings were not accessible to persons with disabilities. Grievances 
filed about the failure to comply with these laws may result in a fine, 
but usually no action was taken to make the building accessible to 
persons with disabilities.
    The National Ombudsman's 2001 report criticized the Government for 
insufficient funding and failure to enforce laws regarding 
discrimination and accessibility for persons with disabilities, such as 
ensuring that government buildings provide space for persons with 
disabilities to operate small businesses and that at least 4 percent of 
the work force in government offices be comprised of persons with 
disabilities. A newly enacted law put into effect at the end of the 
year provides for the Ministry of Labor and National Advisory 
Commission for the Integration of People with Disabilities jointly to 
oversee fulfillment of the 4-percent national government employment 
quota.

    Indigenous Persons.--The Constitution recognizes the ethnic and 
cultural identities of indigenous people and states that Congress shall 
protect their right to bilingual education, recognize their communities 
and the communal ownership of their ancestral lands, and allow for 
their participation in the management of their natural resources. 
However, in practice, indigenous people did not participate in the 
management of their lands or natural resources. The National Institute 
of Indigenous Affairs (INAI) is the Government agency responsible for 
implementing these provisions. The Indigenous Advisory Council has not 
yet been established as provided in the law creating INAI.
    The principal indigenous groups--the Kollas in Salta and Jujuy, the 
Mapuches in the Patagonian provinces, and the Wichis and Tobas in the 
northern provinces--were believed to represent less than 5 percent of 
the national population. The INAI estimated that there were 
approximately 700,000 indigenous persons, most of whom resided in rural 
areas. However, the nongovernmental Indigenous Association of the 
Argentine Republic estimated the indigenous population at 1.5 million 
persons. Other demographers in recent years estimated there were at 
most 450,000 indigenous persons. The 2001 national census collected 
information about indigenous identity for the first time; however, 
results of the information about indigenous identity had not been 
released at year's end.
    Poverty rates were higher than average in areas with large 
indigenous populations. Indigenous persons have higher rates of 
illiteracy, chronic disease, and unemployment. Government efforts to 
offer bilingual education opportunities to indigenous people continued 
to be hampered by a lack of trained teachers.
    Since 1994 the Government has restored approximately 2.5 million 
acres of land to indigenous communities. Nonetheless, some communities 
were involved in land disputes with provincial governments and private 
companies, particularly over questions of natural resource extraction 
and road construction.

    National/Racial/Ethnic Minorities.--Racist incidents were 
underreported, and racism often was denied as a problem; however, 
members of racial minorities, such as those of African descent, 
reported frequent cases of verbal insults and, in some cases, physical 
assaults on the streets of Buenos Aires.
    Individuals of indigenous descent from the northern part of the 
country, as well as from Bolivia, Peru, and other Latin American 
countries, reportedly were subjected frequently to verbal insults 
because of their dark skin. Accounts by those who have been subject to 
incidents of racial prejudice indicated that this was a more common 
problem than was reported widely. There were several incidents of 
apparent racial discrimination against Afro-Americans, including two 
serious cases involving unprovoked beatings in public establishments by 
private security personnel. Members of minority groups reported 
avoiding buses and other crowded public facilities out of fear of being 
subjected to racial harassment.
    In March 2001, the U.N. Committee on the Elimination of Racial 
Discrimination expressed concern regarding reports throughout the 
country of police brutality committed on a variety of pretexts on 
grounds of race, color, or ethnic origin.
    In January 2001, a Bolivian woman, Marcelina Meneses, and her 10-
month-old Argentine son were insulted, then were pushed or fell from a 
suburban train. Both were killed. There was no reported progress in the 
investigation despite efforts by the Bolivian immigrant community to 
locate witnesses.
    There was no further information on the investigation into the 2000 
racial discrimination case of a woman of African descent, Elisa Souza 
de Melgarejo, and her grandson, who were assaulted verbally in a 
supermarket.
    In 2001 the Argentine Soccer Association established rules to stop 
or cancel games when any ethnic incidents or taunting erupts, such as 
anti-Semitic and anti-immigrant incidents that occurred at soccer 
matches in the past several years. Such incidents diminished after the 
rules were implemented.

Section 6. Worker Rights

    a. The Right of Association.--The Constitution provides for the 
right to form ``free and democratic labor unions, recognized by simple 
inscription in a special register,'' and unions exercise this right. 
With the exception of military personnel, all workers are free to form 
unions. An estimated 35 percent of the work force was organized. Trade 
unions are independent of the Government and political parties, 
although many union leaders traditionally have supported the 
Justicialist Party. Most unions are affiliated with one of the two 
factions of the General Confederation of Labor (CGT). A smaller 
federation, the Argentine Workers' Central, also is recognized legally.
    Labor groups not affiliated with the CGT continued to argue that 
the Professional Associations Law provision for legal recognition of 
only one union per sector conflict with International Labor 
Organization (ILO) Convention 87. The ILO's Committee of Experts, in a 
document released during the year, noted with satisfaction various 
measures the Government had taken in 2001 to provide trade union 
associations merely registered with rights and benefits similar to 
those of unions legally recognized. However, it indicated that it would 
address all the matters raised earlier in its next session.
    The law prohibits antiunion practices, and the Government generally 
enforced this prohibition in practice.
    Unions are free to join international confederations without 
government restrictions; many unions also were active in international 
trade secretariats.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides unions with the right to negotiate collective 
bargaining agreements and to have recourse to conciliation and 
arbitration. The Ministry of Labor, Employment, and Social Security 
ratifies collective bargaining agreements, which cover roughly three-
fourths of the formally employed work force. According to the ILO, the 
ratification process impedes free collective bargaining because the 
Ministry not only considers whether a collective labor agreement 
contains clauses violating public order standards, but also considers 
whether the agreement complies with productivity, investment, 
technology, and vocational training criteria. However, there were no 
known cases during the year when the Government refused to approve any 
collective agreements under the above criteria.
    The 2000 Labor Reform Law allows collective bargaining on a 
regional, provincial, or company basis. A conciliation service, which 
began operation in 1997, has helped reduce the number of labor disputes 
in courts. In April and September, foreign experts conducted training 
sessions in mediation for labor professionals, particularly government 
officials.
    The Constitution provides for the right to strike, and this right 
was observed in practice. There were no national general strikes by the 
largest union confederations, but there were numerous smaller scale 
strikes. These strikes generally were brief protests related to sector 
specific problems or were carried out by public sector employees, 
including teachers, against the economic model or specific government 
austerity measures.
    Groups of unemployed and underemployed workers, retirees, and 
unions around the country frequently demonstrated and used roadblocks 
as acts of protest. Hundreds of incidents took place during the year. 
Many of the roadblocks were carried out by groups of impoverished 
persons demanding retention or restoration of jobs, more federal and 
provincial unemployment payments or job subsidies. The roadblocks 
usually were organized by political or labor leaders. While most 
roadblocks were resolved by negotiated settlements, sometimes including 
promises of extended or expanded unemployment programs, some ended in 
confrontations between the police and demonstrators. Two persons were 
killed in Buenos Aires Province in association with such a 
confrontation (see Sections 1.a., 1.c., and 2.b.).
    There are three functioning export processing zones with many 
others legally registered but not active. The primary commercial 
advantages of these zones are related to customs and duty exemptions. 
The same labor laws apply within these zones as in all other parts of 
the country.

    c. Prohibition of Forced or Bonded Labor.--The law prohibits forced 
or bonded labor, including by children. During the year, there was only 
one report of workers found in conditions of forced labor with poor pay 
and working conditions. In December the press reported that police 
arrested two Bolivians who owned a garment factory in the city of 
Buenos Aires where 15 young Bolivians, including two minors, were found 
working in conditions constituting ``servitude.''

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The education law requires that children attend school 
until the age of 15, effectively prohibiting formal employment of 
children under 15; however, other laws are inconsistent and child labor 
was a problem. The labor laws still allow children to work at the age 
of 14, and in rare cases the Ministry of Education may authorize a 
younger child to work as part of a family unit. Children between the 
ages of 15 and 16 may work in a limited number of job categories, but 
not more than 6 hours a day or 35 hours a week. The penalty for 
employing underage workers ranges from $278 to $1,388 (1,000 to 5,000 
pesos) for each child employed.
    In May the Ministry of Labor published, with IPEC support, a 
Diagnostic Synthesis on Child Labor that estimated the number of 
children working in 2000 at 483,000--a 91.6 percent increase in 5 
years. Relying on a broader definition, which includes children working 
in their homes, the Diagnostic estimates that there were 1.5 million 
child laborers.
    In June a UNICEF education consultant reportedly stated that in the 
large urban areas 6 of every 10 adolescents (ages 13-17) worked rather 
than studied. Such considerable and continuing growth in child labor 
was considered credible given the country's economic distress.
    In 2000 the President formally established a National Commission 
for the Eradication of Child Labor to work with the Government, 
organized labor, the business community, religious groups, UNICEF, and 
NGOs. The Commission, whose activities are financed largely by IPEC, 
signed several agreements with provinces to cooperate in addressing 
child labor problems and conducted training activities.

    e. Acceptable Conditions of Work.--The monthly national minimum 
wage was $54 (200 pesos), which was not sufficient to provide a decent 
standard of living for a worker and family. It is determined by a 
tripartite committee and has not changed since 1993. However, few 
workers in the formal sector made the minimum wage; according to a 
prominent labor expert, the estimated average income of a laborer was 
approximately $150 (550 pesos) per month. Those employed full time in 
the informal sector were estimated to make closer to $100 (370 pesos) 
per month.
    Federal labor law sets standards in the areas of health, safety, 
and hours. The maximum workday is 8 hours, and the maximum workweek is 
48 hours. Overtime payment is required for hours worked in excess of 
these limits. The law also sets minimums for periods of rest and paid 
vacation. However, laws governing acceptable conditions of work are not 
enforced universally, particularly for workers in the informal sector 
who constituted an estimated 40 percent of the work force prior to the 
current economic crisis and likely an even larger share of the work 
force during the year.
    Employers are required by law to insure their employees against 
accidents at the workplace, and when traveling to and from work. 
Workers have the right to remove themselves from dangerous or 
unhealthful work situations, after having gone through a claim 
procedure, without jeopardy to continued employment. Nonetheless, 
workers who leave the workplace before it has been proven unsafe risk 
being fired; in such cases, the worker has the right to judicial 
appeal, but the process can be very lengthy.

    f. Trafficking in Persons.--No laws specifically address 
trafficking in persons; however, other laws may be used to prosecute 
crimes associated with trafficking, such as kidnaping, forced labor, 
use of false documents, and prostitution. Laws against child abuse 
provide penalties for trafficking children for purposes of 
prostitution, and other laws prohibit alien smuggling, indentured 
servitude, and similar abuses. There were credible reports that women 
brought from the Dominican Republic to work in Argentina in the mid to 
late 1990s were coerced into prostitution. An investigation 
encompassing nearly a dozen such women was underway at year's end, and 
the International Organization of Migration approved the return of 51 
Dominicans during the year. There also was a report of 15 Bolivians, 
including 2 children, who may have been trafficked to the country.
    While there were no government programs specifically to assist 
trafficking victims, the Office for Assistance to Migrants can provide 
help, and the Office for Assistance to the Victims of Crime provided 
practical, legal, and psychological support to several Dominican 
victims of trafficking who are pursuing cases in the legal system. The 
Government seldom detained immigrants on immigration-related charges.
                               __________

                                BAHAMAS

    The Commonwealth of the Bahamas is a constitutional, parliamentary 
democracy and a member of the Commonwealth of Nations. Queen Elizabeth 
II, the nominal head of state, is represented by an appointed Governor 
General. Prime Minister Perry Christie's Progressive Liberal Party 
(PLP) regained control of the Government after May elections that 
observers found to be generally free and fair. The judiciary was 
generally independent.
    The national police force maintains internal security, and the 
small Royal Bahamas Defence Force is responsible for external security 
and some minor domestic security functions such as guarding foreign 
embassies and ambassadors; both answer to civilian authority. There 
continued to be reports that the police occasionally committed human 
rights abuses.
    The country has a developing market-based economy that depends 
primarily on tourism, which accounts for 60 percent of the gross 
domestic product. The country's population is approximately 305,000. 
Financial services, particularly offshore banking and trust management, 
are also major sources of revenue. While many citizens enjoyed 
relatively high income levels, there was considerable underemployment 
and poverty. The unemployment rate was estimated at 9.1 percent during 
the year.
    The Government generally respected the human rights of its 
citizens; however, problems remained in several areas. There were 
reports that police occasionally beat and abused detainees, and prison 
conditions remained harsh. The police occasionally used arbitrary 
arrest and detention. Lengthy pretrial detention and delays in trials 
were problems. Violence and discrimination against women and violence 
against children also were problems. Discrimination against persons 
with disabilities and persons of Haitian descent persisted. Bahamas 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 torture and other cruel and 
degrading treatment or punishment; however, the police occasionally 
beat or otherwise abused suspects. Many of the charges of abuse 
involved beatings to extract confessions. There were no formal 
complaints involving beatings to extract confessions filed during the 
year; however, in April a Nassau man alleged that two police officers 
pulled him from his home and beat him without provocation. The victim 
displayed visible bruises to the media. At year's end, the matter was 
under active investigation by the police complaints unit. Human rights 
monitors and members of the public continued to express concern over 
such instances of police abuse of criminal suspects. Police officials, 
while denying systematic or chronic abuses, acknowledged that police on 
occasion abused their authority, and pledged to address any wrongdoing 
by police officers. According to officials, defendants' rights were 
protected by trial judges (see Section 1.e.).
    The Police Complaints and Corruption Branch, which reports directly 
to the Deputy Commissioner of Police, was responsible for investigating 
allegations of police brutality. This unit determines if enough 
evidence of abuse or misconduct exists in a particular case to warrant 
disciplinary action within the police system or, in some cases, 
criminal prosecution by the Attorney General. Local human rights 
observers doubted the police force's ability to investigate itself 
impartially in cases of alleged abuse and misconduct and believed that 
many incidents of improper police behavior were unreported. An 
independent civilian was supposed to be appointed to oversee the 
complaints and corruption branch; however, at year's end the Government 
had not selected anyone for this position. This civilian would report 
directly to the Minister of National Security and consult with the 
Police Commissioner. Police officials insisted that their 
investigations were fair and thorough. There were 398 complaints 
against the police during the year, compared with 428 in 2001. Of these 
398 cases, 170 remained under investigation at year's end, and 88 
resulted in disciplinary action. Examples of disciplinary action 
included suspension without pay, fines, and dismissal. No officers were 
dismissed during the year because of alleged human rights abuses. 
Police officials believed that continuing turnover in personnel was a 
contributing factor in disciplinary cases. There were approximately 
2,200 officers.
    Corporal punishment is permitted by law with some restrictions; 
however, it has not been used for several years. For example, caning 
was permitted at police stations but only if performed by a sergeant or 
higher ranking official. Cat-o'-nine-tails were allowed at prisons but 
have not been used for several years.
    Conditions at Fox Hill, the only prison, continued to improve but 
remained harsh. Overcrowding was a major problem. The men's maximum-
security block, originally built in 1953 to house 400 to 600 inmates, 
held more than 700 of the prison's total of more than 1,400 inmates. 
The remaining prisoners were housed in medium- and minimum-security 
units that were at, or above, intended capacity. Male prisoners were 
crowded into poorly ventilated cells that generally lacked regular 
running water. Most prisoners lacked beds. Many of them slept on 
concrete floors and were locked in their cells 23 hours per day. With 
the opening of a new maximum-security wing in August, prison officials 
hoped to alleviate overcrowding and separate prisoners being held ``on 
remand'' (detention pending trial or further court action) from 
convicted prisoners. All inmates were screened for infectious diseases, 
and prison officials estimated that approximately 7 percent of the 
incoming prison population was infected with the HIV virus. There were 
occasional escapes from Fox Hill prison (see Section 1.d.).
    Organizations providing aid, counseling services, and religious 
instruction had regular access to inmates. The Government provided 
limited funds for improvements in prison facilities and prisoner 
rehabilitation programs. Prison officials instituted some technical and 
vocational programs, and correctional officers were undergoing 
instruction to become certified trainers, although the process was 
hindered by resource constraints. Modern training facilities are 
equipped with new computers, and the prison also offered some 
educational and literacy programs for prisoners.
    Women were held separately from male prisoners. The prison's female 
population was around 40 inmates, considerably less than the female 
unit's full capacity of 200. Conditions for women were less severe, and 
the facilities had running water.
    The new maximum-security building has a separate section for 
juvenile offenders between the ages of 16 and 18. Offenders younger 
than that, along with children made wards of the court by their parents 
because of ``uncontrollable behavior,'' were housed at the Simpson Penn 
Center for Boys and the Williamae Pratt Center for Girls.
    Domestic and international human rights groups were able to visit 
the prison during the year.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest and detention; however, police occasionally 
arbitrarily arrested and detained persons. In general the authorities 
conducted arrests openly and, when required, obtained judicially issued 
warrants. The law provides that a suspect must be charged within 72 
hours of arrest. The Government generally respected the right to a 
judicial determination of the legality of arrests.
    Serious cases, including those of suspected narcotics or firearms 
offenses, do not require warrants where probable cause exists. Arrested 
persons appear before a magistrate within 72 hours (or by the next 
business day for cases arising on weekends and holidays) to hear the 
charges against them. Arrested persons may hire an attorney of their 
choice, and the Government does not provide legal representation except 
to destitute suspects charged with capital crimes. Some local legal 
professionals and human rights observers believed that this lack of 
representation risked hasty convictions on the basis of unchallenged 
evidence, particularly in the case of poor or illiterate defendants. 
However, there was no statistical evidence to indicate that this was 
more than an occasional problem.
    The Bail Act prohibits bail for repeat offenders and those accused 
of certain violent crimes. Judges tended not to grant bail to foreign 
suspects, particularly on more serious offenses, since the authorities 
considered foreign offenders more likely to flee if released on bail. 
Judges sometimes authorized cash bail for foreigners arrested on minor 
charges; however, in practice foreign suspects generally prefer to 
plead guilty and pay a fine rather than pursue their right to defend 
themselves, given possible delays in court cases and harsh conditions 
in the prison. Attorneys and other prisoner advocates continued to 
complain of excessive pretrial detention (see Section 1.e.). The 
Constitution mandates that suspects can be held for a ``reasonable 
period of time'' before trial, giving considerable flexibility. It was 
not unusual for a murder suspect to be held 2 years before trial and on 
occasion up to 4 years.
    The authorities detained illegal immigrants, primarily Haitians and 
Cubans, at the detention center located off Carmichael Road until 
arrangements could be made for them to leave the country, or they 
obtain legal status. In the detention center, which can hold up to 600 
detainees, women and men were housed separately. The highest occupancy 
at any one time was approximately 350. Haitians usually were 
repatriated within 48 hours, due to increased cooperation between 
Bahamian and Haitian authorities and improved efficiency in processing. 
In addition to Haitians and Cubans, immigration authorities also housed 
illegal migrants from China, Equador, Venezuela, India, and Nigeria. 
Average length of detention varied dramatically by nationality and 
availability of funds to pay for repatriation. Cuban immigrants tended 
to have longer stays that reached 7 months and averaged 3.5 months. 
Many detainees were provided with food and other items by relatives and 
friends on a regular basis, and those who can arrange and finance their 
repatriation generally were deported much more quickly. Illegal 
immigrants convicted of crimes other than immigration violations were 
held at Fox Hill prison where they may remain for weeks or months after 
serving their sentences, pending deportation.
    Exile is illegal and was not practiced 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.
    Magistrate's courts are the lowest level courts and only handle 
crimes with a maximum sentence of 5 years. Trial by jury is available 
only in the Supreme Court, which is the trial court that handles most 
major cases. Its decisions may be appealed to the Court of Appeal; the 
Privy Council in London is the final court of appeal. The Governor 
General appoints judges on the advice, in most cases, of the 
independent Judicial and Legal Services Commission.
    The justice system derives from English common law. The 
Constitution provides for the right to a fair trial, and an independent 
judiciary generally enforced this right. However, the judicial system 
had a large backlog of cases, and delays reportedly lasted as long as 2 
years. To reduce the backlog, the Government continued the process of 
streamlining appeals, computerizing court records, and hiring new 
judges, magistrates, and court reporters. The Supreme Court established 
a task force to recommend further reforms in the court system and 
published a report in 1999 proposing modifications in the system to 
facilitate case flow management, including the disposition of cases 
within 6 months of initial filing.
    Despite these measures to improve efficiency, complaints persisted 
of excessive pretrial detention, outdated record keeping, delayed 
justice for victims, and a failure to update new laws in the books. 
Some judges have been brought in from abroad; while familiar with 
English common law, they lacked experience regarding local law and 
procedures. There were isolated complaints of deviations from normal, 
fair court proceedings--particularly in civil matters--but there were 
no indications that this was a widespread problem.
    In 1999 the final appeals court, the Privy Council, ruled that 
death-row inmates appealing their sentences must be given the chance to 
be heard by bodies such as the U.N. Human Rights Committee (UNHRC) and 
the Inter-American Commission on Human Rights (IACHR). Death-row 
inmates have petitioned the UNHRC or IACHR, but the Government, while 
it accepts the Privy Council's ruling, has not agreed that it will be 
bound by UNHRC or IACHR recommendations.
    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 
usually requires a court order for entry into or search of a private 
residence, but a police inspector or more senior police official may 
authorize a search without a court order where probable cause to 
suspect a weapons violation exists. Such an official also may authorize 
the search of a person (which extends to the vehicle in which the 
person is traveling) without a court order, should probable cause exist 
to suspect drug possession.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and press, and the Government generally respected 
this right in practice.
    Three daily and several weekly newspapers, all privately owned, 
expressed a variety of views on issues of public interest, including 
varying degrees of criticism of the Government and its policies. 
Foreign newspapers and magazines were readily available.
    There is a government-run radio station and five privately owned 
radio broadcasters. The country's sole television station, the state-
owned Broadcasting Corporation of the Bahamas, presented a variety of 
views, although opposition politicians claimed, with some 
justification, that their views did not receive as extensive coverage 
as those of the Government.
    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 freedoms of assembly and association, and the Government 
generally respected these rights in practice. Groups must obtain 
permits to hold public demonstrations, and the authorities generally 
grant such permits.
    The law permits private associations.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. There was no separation of church and State in the country, 
and the Constitution explicitly calls for respect for Christian values; 
however, there were no allegations of violations of religious freedom 
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 these 
rights, and the Government generally respected them in practice.
    The Government cooperated with the office of the U.N. High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in assisting refugees.
    There was no legislation governing the processing of asylum 
seekers, and applications for political asylum were supposed to be 
adjudicated on a case-by-case basis at the cabinet level. Trained 
immigration officials screened asylum applicants, and the UNHCR 
reviewed the interview records and offered advice on certain cases. 
Local and international human rights observers criticized the 
Government for failing to screen potential asylum applicants 
adequately. These organizations claimed that some Haitians with a 
legitimate fear of persecution were repatriated without having the 
opportunity to make a claim for asylum. Although the repatriation 
agreement between the Bahamas and Haiti expired at the end of 1995, the 
Government continued to repatriate illegal Haitian immigrants based on 
the terms of that agreement, and on December 20, the Bahamian and 
Haitian governments signed an agreement to share repatriation costs of 
illegal Haitian immigrants. They are all interviewed by immigration 
officials and given the opportunity to claim asylum. The Government 
signed a repatriation agreement with Cuba in 1998. The Royal Bahamian 
Defence Force brings all migrants intercepted at sea back to port.
    The Department of Immigration reported that 5,462 Haitian, 68 
Cuban, and 74 Dominican Republic citizens had been repatriated, out of 
a total of 6,368 repatriations. A total of 54 persons requested asylum 
during the year, and of these, 2 were recommended for refugee status.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage.
    The country is a constitutional, parliamentary democracy with 
general elections at least every 5 years. An elected Prime Minister and 
Parliament govern. The political process is open to all elements of 
society, and citizens 18 years of age and older are eligible to 
register and vote. Voting is by secret ballot. The two principal 
political parties are the ruling Progressive Liberal Party and the 
opposition Free National Movement (FNM). In May the PLP won 30 of 40 
seats in the House of Assembly and formed the new government under 
Perry Christie. The FNM won only six seats and independents won four. 
Both the ruling party and the opposition name members to the upper 
house, the Senate, in compliance with constitutional guidelines. 
Although it does pass legislation, the Senate is primarily a 
deliberative body that serves as a public forum to discuss national 
problems and policies.
    There were no legal impediments to participation by women in 
government and politics. The 40-seat House of Assembly has 8 elected 
women members and 7 appointed women Senators, including the President 
of the Senate. Cynthia Pratt was the country's first woman Deputy Prime 
Minister and first woman Minister of National Security. Women also 
headed the Ministry of Transportation and Aviation, the Ministry of 
Financial Services and Investment, and the Ministry of Social Services 
and 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 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 Government generally respected in practice the constitutional 
provisions for individual rights and freedoms regardless of race, place 
of origin, political opinion, creed, or sex. However, the Constitution 
and the law contained certain provisions that discriminated against 
women.

    Women.--Violence against women continued to be a serious, 
widespread problem. Government crime statistics did not separate 
domestic violence from other incidents of violence. The Government 
operated a nationwide toll-free hot line, with two trained volunteers 
on each of the inhabited islands who were on call to respond in the 
event of a crisis. Government and private women's organizations 
conducted public awareness campaigns highlighting the problems of abuse 
and domestic violence. In November 2000, the Department of Social 
Services in partnership with a private company established, for the 
first time, two safe houses to assist battered women. The Domestic 
Court, which exclusively addresses family issues such as spousal abuse, 
maintenance payments, and legal separation, continued to receive a high 
volume of cases. The court can and does impose various legal 
constraints to protect women from abusive spouses or companions. Rape, 
including spousal rape, was a crime. Prosecutions and convictions on 
rape charges were common and the maximum penalty frequently was 
applied. However, advocates for women's rights saw a need to improve 
the effectiveness of enforcement of the court's orders. They cited a 
general reluctance on the part of law enforcement authorities to 
intervene in domestic disputes and a lack of police training and 
sensitivity in dealing with domestic violence. The police recognized 
domestic violence as a high priority and provided specialized training 
to several hundred officers in mandatory classes for all incoming 
officers as well as in ongoing training. Women's rights activists noted 
the new training the police had received and believed that it was a 
positive development.
    The Constitution discriminates against women by not providing them 
with the same right as men to transmit citizenship to their foreign-
born spouses. The law also makes it easier for men with foreign spouses 
to confer citizenship on their children than for women with foreign 
spouses. Some inheritance laws also favored men over women. For 
example, when a person dies without a will, the estate passes to the 
oldest legitimate son, or in cases where there is no son, the closest 
legitimate male relative. Prominent women of all political persuasions 
continued to push for an amendment to the Constitution and related laws 
to redress this situation. In 2001 Parliament passed legislation to 
amend the Constitution and eliminate this discrimination; however, the 
amendment (along with four other proposed constitutional changes) was 
defeated soundly in a referendum after the PLP and much of the local 
religious community opposed it. The Government promised to consult with 
the citizens before again moving forward with this legislation, but no 
firm timetable had been established to do so.
    Women participated fully in society and were well represented in 
the business and professional sectors.

    Children.--The Government claimed child welfare and education are a 
priority but they lacked sufficient funding. The public schools, in 
particular, lacked basic educational materials, and facilities were 
overcrowded and substandard. Public education was compulsory for 
children through the age of 16, and most children attended school until 
this age.
    Both the Government and civic organizations conducted intensive 
public education programs aimed at the problem of child abuse and 
appropriate parenting behavior; however, child abuse and neglect 
remained serious problems. In 2001 there were 101 reports of sexual 
abuse of minors, 13 reports of incest, 18 reports of physical abuse, 83 
reports of child neglect, and 9 cases of child abandonment. More recent 
statistics were unavailable.
    The law requires that all persons who have contact with a child 
they believe to be abused sexually report their suspicions to the 
police. However, the same reporting requirement does not apply to cases 
of physical abuse, which health care professionals believe occurred 
quite frequently. The police referred reported cases of sexual and 
physical abuse to the Department of Social Services, which investigates 
them and can bring criminal charges against perpetrators. The 
Department may remove children from abusive situations if the court 
deems it necessary. The highly publicized death of a 4-year-old boy, 
and subsequent arrest of his father, focused renewed attention on this 
issue.

    Persons with Disabilities.--Although the 1973 National Building 
Code mandates certain accommodations for persons with physical 
disabilities in new public buildings, the authorities rarely enforced 
this requirement. There was no overarching disability act. There were 
housing units in Nassau designed specifically for persons with 
disabilities, but very few buildings and public facilities were 
accessible to persons with disabilities. The code also failed to 
mandate accommodations in new private buildings, which often lacked 
accessibility as well. Advocates for persons with disabilities 
complained of widespread job discrimination and general apathy on the 
part of private employers and political leaders toward their need for 
training and equal opportunity. They noted that there was no general 
legislation to implement and enforce equal opportunity policies in the 
workplace, educational institutions, or elsewhere.
    The Disability Affairs Unit of the Ministry of Social Development 
and National Insurance worked with the Bahamas Council for Disability, 
an umbrella organization of nongovernmental organizations (NGOs) that 
offered services for persons with disabilities, to provide a 
coordinated public and private sector approach to the needs of persons 
with disabilities. A mix of government and private residential and 
nonresidential institutions provided a range of education, training, 
counseling, and job placement services for adults and children with 
both physical and mental disabilities.

    National/Racial/Ethnic Minorities.--Unofficial estimates suggest 
that between 20 and 25 percent of the population are Haitians or 
citizens of Haitian descent, making them the largest and most visible 
ethnic minority in the islands. While 30,000 to 40,000 Haitian citizens 
resided in the country legally, some observers believed that similarly 
large numbers were in the country illegally. Haitian children were 
granted access to education and social services. Children born of non-
Bahamian parents or to a Bahamian mother with a non-Bahamian father in 
the Bahamas do not automatically acquire citizenship.
    Although Haitians and Bahamians of Haitian descent generally were 
well integrated into society, interethnic tensions and inequities 
persisted. Some members of the Haitian community complained of 
discrimination in the job market, and resentment of continued Haitian 
immigration was widespread. However, reports of ethnic violence or 
blatant discrimination against legally resident Haitians were scarce. 
Some leaders of the Haitian community approved of the Government's 
approach to the repatriation of illegal migrants and pointed to the 
high number of ethnic Haitians in the public service.

Section 6. Worker Rights

    a. The Right of Association.--The Constitution provides labor 
unions with the right of free assembly and association, and the 
Government generally respected these rights in practice. Private sector 
and most public sector workers may form or join unions without prior 
approval. Members of the police force, defense force, fire brigade, and 
prison guards may not organize or join unions. Workers exercised the 
right of association extensively, with almost one-quarter of the work 
force (and 80 percent of the workers in the important hotel industry) 
belonging to unions.
    Three major umbrella labor organizations--the National Workers 
Council of Trade Unions and Associations, the Trade Union Congress, and 
the National Congress of Trade Unions--along with individual labor 
unions, all functioned independently of government or political party 
control.
    The Constitution and the Industrial Relations Act prohibit 
antiunion discrimination by employers. The act requires employers to 
recognize trade unions, and it requires the reinstatement of workers 
fired for union activities. Employers may dismiss workers in accordance 
with applicable contracts, which generally require some severance pay. 
The Government enforced labor laws and regulations uniformly throughout 
the country.
    In order to resolve trade disputes more quickly, in 1996 Parliament 
amended the Industrial Relations Act to establish an industrial 
tribunal. According to the act, labor disputes first are filed with the 
Ministry of Labor and then, if not resolved, are turned over to the 
tribunal. The tribunal follows normal court procedures for the 
admission of evidence, direct examination, and cross-examination. The 
tribunal's decision is final and can only be appealed in court on a 
strict question of law. Some employers complained that the industrial 
tribunal was biased unfairly in favor of employees.
    All labor unions have the right to maintain affiliations with 
international trade union organizations.

    b. The Right to Organize and Bargain Collectively.--Workers freely 
exercised their right to organize and participate in collective 
bargaining, which the law protects. Unions and employers negotiated 
wage rates without government interference.
    The Industrial Relations Act requires that, before a strike begins, 
a simple majority of a union's membership must vote in favor of a 
motion to strike. The Department of Labor must supervise the vote. 
Workers have the right to strike, and it was generally respected in 
practice; however, the Government has the right to intervene in the 
national interest to assure delivery of essential services. Unions 
threatened several work stoppages against both public and private 
employers during the year.
    Freeport was a specially designated free trade zone. Labor law and 
practice in this zone do not differ from those in the rest of the 
country. However, human rights advocates asserted that the Port 
Authority has allowed the Hong Kong-based company Hutchinson-Whampoa, 
which owned the harbor, airport, and many major hotels in Freeport, to 
discourage unions.

    c. Prohibition of Forced or Bonded Labor.--The Constitution 
prohibits forced or bonded labor by all persons, including children, 
and such labor did not exist in practice.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law prohibits the employment of children under the age 
of 14 for industrial work or work during school hours. Children under 
the age of 16 may not work at night. There was no legal minimum age for 
employment in other sectors, and some children worked part time in 
light industry and service jobs. On June 14, the Government ratified 
the International Labor Organization's Convention 182 on elimination of 
the worst forms of child labor.

    e. Acceptable Conditions of Work.--The Minimum Wage Act, passed in 
December 2001, established a minimum wage for the private sector of 
$3.50 (B$3.50) an hour or $150 (B$150) a week for the first time. In 
2000 the Government established a minimum wage of $4.66 (B$4.66) per 
hour for all hourly and temporary workers throughout the public sector. 
In view of the high cost of living, these minimum wages did not provide 
more than a subsistence living for a worker and family. The act reduces 
the regular workweek from 48 hours to 40 hours, provides for one 24-
hour rest period, and requires overtime payment (time and a half) for 
hours beyond the standard.
    The Ministry of Labor was responsible for enforcing labor laws and 
has a team of inspectors who conduct on-site visits to enforce 
occupational health and safety standards and investigate employee 
concerns and complaints; however, inspections occurred infrequently. 
The Ministry normally announced inspection visits in advance, and 
employers generally cooperated with inspectors to implement safety 
standards.
    The national insurance program compensates workers for work-related 
injuries. The Fair Labor Standards Act requires employers to find 
suitable alternative employment for employees injured on the job but 
still able to work. The law does not provide a right for workers to 
remove themselves from dangerous work situations without jeopardy to 
continued employment.

    f. Trafficking in Persons.--There are no laws that specifically 
address trafficking in persons; however, the Penal Code bans 
prostitution and prohibits the detention of persons against their will 
and for immoral purposes. There were no reports that persons were 
trafficked to, from, within, or through the country, and the Government 
did not prosecute any cases against traffickers.
                               __________

                                BARBADOS

    Barbados is a constitutional democracy with a multiparty, 
parliamentary form of government and is a member of the Commonwealth of 
Nations. The Queen was head of state and was represented by an 
appointed Governor General. Prime Minister Owen Arthur of the Barbados 
Labour Party (BLP) was the head of government and governed with an 
appointed cabinet. The judiciary was generally independent.
    The Royal Barbados Police Force was charged with maintaining public 
order. The small Barbados Defense Force (BDF) was responsible for 
national security and can be employed to maintain public order in times 
of crisis, emergency, or other specific need; the BDF supported the 
police during the year. Police occasionally committed some human rights 
abuses.
    The free market economy was based on tourism, services, light 
manufacturing, and agriculture. The country's population was 
approximately 275,000. The Government was the single largest employer, 
employing about 21 percent of the work force. The economy contracted as 
real growth declined by 0.6 percent, compared to a drop of 2.8 percent 
in 2001. Tourism declined by 2.8 percent, compared to a drop of 5.9 
percent in 2001. Crop damage resulting from tropical storm Lili, which 
hit the island in September, contributed to losses in the agricultural 
sector. The unemployment rate at the end of September was 10.3 percent.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. There were 
occasional allegations of excessive use of force by police. Societal 
violence against women and children were problems. Barbados 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 specifically prohibits torture and 
inhuman or degrading punishment or other treatment. The majority of 
complaints against the police alleged unprofessional conduct and 
beating or assault.
    In March newspapers reported that four policemen allegedly beat 
Colin Gaul, a Guyana-born Swedish citizen, and forcibly removed him 
from a flight bound for Guyana after the captain of the flight refused 
to take off with him on board. The press reported that Gaul, who was 
traveling with his 3-year-old son, had complained loudly at having to 
walk from the back of the aircraft to his seat near the front of the 
aircraft, while other passengers with children seated near the front 
had been allowed to board from the front of the plane. The airline told 
the press that Gaul had been abusive on an earlier flight and cited 
security concerns as a reason to remove him. After Gaul refused 
requests by security guards and police to leave the plane, the 
policemen allegedly grabbed him and punched him in the head with bare 
fists and forced him off the plane. According to press reports, one of 
the passengers who witnessed the incident gave a statement to the 
Guyana Human Rights Association. The police conducted an investigation, 
but no results were made public.
    At year's end, assault charges filed by students at the University 
of the West Indies against a police officer were still pending before 
the High Court. These charges arose out of an incident in 2001 when 
students barricaded the main campus road and clashed with police (see 
Section 2.b.).
    The police force has an Office of Professional Responsibility 
headed by a superintendent to deal with matters of inappropriate police 
conduct. Although Parliament passed a law in 2001 creating an 
independent Police Complaints Authority to review complaints against 
the police, this entity was not yet functioning at year's end.
    Police procedures provide that the police may question suspects, 
and other persons they hold, only at a police station, except when 
expressly permitted by a senior divisional officer. An officer must 
visit detainees at least once every 3 hours to inquire about the 
detainees' condition. After 24 hours, the detaining authority must 
submit a written report to the Deputy Commissioner. The authorities 
must approve and record all movements of detainees between stations. 
The authorities generally adhered to these basic principles, although 
there were occasional allegations that officials used excessive force.
    For a decade, the authorities have issued firearms to special foot 
patrols in high crime areas in response to public concern. In 2000 the 
Government created an armed special rapid response unit, which 
continued to operate during the year. Aside from this exception, the 
police force was mostly unarmed, in keeping with its British 
traditions. In addition, the law provides that the police can request 
the BDF to assist them when needed for specific periods of time. During 
these times, such as the annual ``Crop Over'' carnival period, the 
police and BDF may run joint patrols. In addition, the police operated 
a mobile unit that could be dispatched as needed, including to the 
tourism areas.
    Prison conditions were inadequate. The sole prison (Glendairy) was 
antiquated and overcrowded, with more than 700 male and 92 female 
inmates in a 150-year-old structure built for 350 inmates.
    There were separate areas for pretrial detainees and convicted 
prisoners at the prison; however, there was occasional mixing due to 
space constraints.
    There was a separate wing for female prisoners at the prison, and 
there were separate detention facilities for boys and girls.
    In March the Government discharged 8 of the 14 prison officers who 
were suspended in November 2001 for the alleged beatings of 36 inmates. 
The other six officers, including three senior officers, were suspended 
with half-pay. A total of 9 officers faced over 100 charges, mainly for 
assault, as a result of the alleged beatings. At year's end, the 
officers were free on bail pending further court hearings.
    The Government allowed private groups to visit prisons to ascertain 
conditions.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest and imprisonment and requires detainees to 
be brought before a court of law within a reasonable time, and the 
Government generally respected these provisions in practice. Criminal 
defendants had the right to counsel, and attorneys had ready access to 
their clients.
    The Constitution prohibits exile, and it was not used.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and it was generally free of intervention by 
other branches of government.
    The judiciary includes the Supreme Court, which consists of the 
high court and court of appeal. The Governor General, on the 
recommendation of the Prime Minister and after consultation with the 
leader of the opposition, appoints the Chief Justice and other judges. 
Judges serve until the age of 65.
    The Constitution provides that persons charged with criminal 
offenses be given a fair public hearing within a reasonable time by an 
independent and impartial court, and the Government generally respected 
this right in practice. The judicial system provides for the right of 
due process at each level. The law presumes defendants innocent until 
proven guilty.
    The Government provided free legal aid to the indigent, with the 
exception of a limit of approximately $2,100 (--1,300) on expenses 
incurred for appeals by death row prisoners to the Privy Council in 
London. Two inmates challenged this limit and sued the Government on 
the grounds that it effectively deprived them of their right to due 
process.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits arbitrary entry, search, or 
seizure, and the law requires warrants to be issued before privately 
owned property may be entered and searched. The Government did not 
interfere routinely in the private lives of its citizens.
    The Government did not censor mail. However, the Government 
restricted the receipt of foreign publications deemed to be 
pornographic. Other foreign publications of a nonprurient nature were 
allowed without restriction.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice. There were two independent daily 
newspapers, both of which presented opposition political views. The 
Government regularly came under criticism in the newspapers and on 
daily call-in radio programs. There were six radio stations, two of 
which were owned by the Government. The Caribbean Broadcasting 
Corporation (CBC) television service (the only television source, 
excluding direct satellite reception) was government-owned. Although 
CBC was a state enterprise, it regularly reported views opposing 
government policies. The press remained vigorously critical of the 
Government on a broad range of issues. The Government prohibited the 
production of pornographic materials.
    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 right of peaceful assembly, and the Government 
generally respected this right in practice. Political parties, trade 
unions, and private organizations functioned and held meetings and 
rallies generally without hindrance.
    The Public Order Act of 1970 requires police approval for public 
assemblies, which was granted routinely.
    Gatherings related to school activities do not require written 
police permission. In March 2001, students at a demonstration at the 
University of the West Indies barricaded the main campus access road 
and clashed with police, who arrested several students, a clerk, and a 
law lecturer. The authorities charged the students and lecturer with 
impeding the public road access in violation of the Road Traffic Act; 
lawyers for the students filed assault charges against a police officer 
and also filed a constitutional motion asserting that statements made 
by the Prime Minister prejudiced their chances of a free trial. At 
year's end, the motion had not yet been heard, and all parties remained 
free on bail.
    The Constitution provides for the right 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.
    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. 
Citizens and legal residents move freely within the country and leave 
and enter it without restriction.
    The Government had 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
    Citizens have this right in law and exercised it in practice. 
Political parties compete in free and fair elections by secret ballot 
at least every 5 years. There were no impediments to participation in 
the political process, and all citizens over the age of 18 may vote. 
The Prime Minister exercised executive power along with the Cabinet of 
Ministers that he appoints, balanced by the bicameral Parliament and 
the judicial system. In the 1999 elections, the BLP won a decisive 
victory, gaining a 26-to-2 majority over the Democratic Labour Party.
    There were no legal impediments to the participation of women and 
minorities in government or politics. There were four female Senators 
and four female members of the Cabinet, including the Deputy Prime 
Minister, who served concurrently as Foreign Minister, and the Attorney 
General.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Local groups involved with human rights operated freely and without 
government hindrance. The Caribbean Human Rights Network, a Caribbean-
wide human rights organization that had its headquarters and a small 
staff in Barbados, disbanded in March 2001 due to a lack of funding.
    The Government Ombudsman's office hears complaints against 
government offices for alleged injuries or injustices resulting from 
administrative conduct. The Governor General appoints the Ombudsman on 
the recommendation of the Prime Minister in consultation with the 
Leader of the Opposition; Parliament must approve the appointment. The 
Ombudsman serves until age 65 but may be extended for an additional 5 
years. The office was prohibited from involvement in policy issues 
involving foreign affairs, immigration questions, and certain other 
matters. The office did investigate complaints of inappropriate 
behavior by police. The Ombudsman's reports were submitted to 
Parliament.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution provides for equal treatment under the law, 
regardless of race, religion, or sex. The Government generally 
respected these rights in practice.

    Women.--Violence and abuse against women continued to be 
significant social problems. In 2001 there were 71 cases of rape 
reported to the police; more recent figures were not available. Spousal 
abuse remained a significant criminal activity during the year. Spousal 
rape, as distinguished from spousal abuse and domestic violence, is not 
specifically mentioned in the criminal statutes but was addressed as 
part of British common law, which generally was followed in the 
country.
    The Domestic Violence Law specifies the appropriate police response 
to domestic violence; it is intended to protect all members of the 
family, including men and children. It applies equally to marriages and 
to common law relationships. Criminal penalties for violent crimes were 
the same regardless of the sex of the offender or the victim; however, 
in practice female offenders usually received lighter sentences than 
their male counterparts for similar offenses. The courts heard a number 
of cases of domestic violence against women involving assault or 
wounding. Victims may request restraining orders, which the courts 
often issue. The courts can sentence an offender to jail for breaching 
such an order. The police had a Victim Support Unit, made up of 
civilians and volunteers, who offered support to victims, particularly 
female victims, of violent crimes.
    There were public and private counseling services for victims of 
domestic violence, rape, and child abuse. The Business and Professional 
Women's Club ran a crisis center staffed by 30 trained counselors and 
provided legal and medical referral services. The center also had a hot 
line for clients who wished to maintain their anonymity. The Government 
funded a shelter for battered women, which accommodates 20 women and 
children; nongovernmental organizations operated it. The shelter 
offered psychological and physiological counseling by trained 
counselors to victims of domestic violence. The counselors accompanied 
victims to the hospital and other agencies if necessary. In the first 8 
months of the year, the shelter assisted 36 women and 34 children; the 
maximum stay was 3 months.
    Prostitution is illegal, but it was a problem, fueled by poverty 
and tourism.
    Government statistics showed that women bore a greater share of the 
unemployment burden than men; the unemployment rate for women was 12.6 
percent at the end of 2001, compared to a rate of 9.8 percent for men.
    Sexual harassment in the workplace was a problem, but no statistics 
were available. Draft legislation aimed at preventing sexual harassment 
in the workplace was under discussion in connection with other 
proposals to harmonize labor legislation among the Caribbean nations. 
In addition, the Barbados Workers Union continued to seek guidelines on 
sexual harassment in contracts and agreements it concluded with 
employers.
    Women actively participated in all aspects of national life and 
were well represented at all levels of both the public and private 
sectors. They headed 44 percent of all households and were not 
discriminated against in public housing or other social welfare 
programs. A Poverty Eradication Fund focused on encouraging 
entrepreneurial activities to increase employment for women and youth. 
Women owned approximately 30 percent of all businesses in the Small 
Business Association and carried in excess of 70 percent of the recent 
mortgages in the country. The Government reported that the number of 
female applicants for the police force as well as for other jobs 
traditionally held by men increased dramatically during the year.
    The National Organization of Women was an affiliate of the 
Caribbean Women's Association, a regional women's organization.
    Children born overseas and out of wedlock to Barbadian men are 
considered citizens. Previously, Barbadian women married to non-
Barbadian men were unable to confer citizenship on their children. A 
2000 law, retroactive to the date of independence in 1966, provides 
that a child born to a male or female citizen has immediate 
citizenship.

    Children.--The Government was committed to children's human rights 
and welfare, although violence and abuse against children remained 
serious problems. The Government provided for compulsory education 
until the age of 16. The national health insurance program provided 
children with free medical and dental services for most medical 
conditions. The Child Care Board had a mandate for the care and 
protection of children. This involved investigating day care centers, 
cases of child abuse or child labor, the provision of counseling 
services, residential placement, and foster care. The Welfare 
Department offered counseling on a broad range of family-related 
issues, and the Child Care Board conducted counseling for child abuse 
victims.
    The press reported that there was an increase in the number of 
complaints of rape of girls under 16 years old. According to the media, 
police officials were concerned that children had become targets 
because rapists saw them as less likely to be infected with the HIV/
AIDS virus.

    Persons with Disabilities.--Other than constitutional provisions of 
equality for all, there are no laws that specifically prohibit 
discrimination against persons with disabilities in employment, 
education, or the provision of other state services. However, the 
Ministry of Social Transformation established the Disabilities Unit to 
address the concerns of persons with disabilities and created an 
advisory committee on disabilities. The Labor Department, a unit within 
the Ministry that finds jobs for the disabled, has long advocated the 
introduction of legislation prohibiting discrimination. In September 
the Government issued a White Paper on Persons with Disabilities 
outlining policies to facilitate the full integration and participation 
in society of persons with disabilities.
    In 2001 the Disabilities Unit found employment for 26 persons, of 
whom 11 were hired on a permanent basis. In addition to the work 
experience program, the unit announced plans to acquire two buildings 
to be used for income generating activities and career counseling. In 
2001 the unit began loaning wheelchairs to persons who otherwise would 
have not had access to wheelchairs. Despite these efforts, in September 
newspapers reported that a wheelchair-bound child with cerebral palsy 
was unable to attend classes at her new school in the north of the 
island because specially equipped buses did not run that far. After her 
transportation problems were highlighted in the press, a local 
charitable organization agreed to provide the necessary transportation. 
In addition, the Government announced that the Transport Board had 
purchased two adaptive buses and the disability unit purchased a 14-
seat bus capable of accommodating 8 wheelchairs.
    The Government launched a well-financed fight against the high 
incidence of HIV/AIDS. In addition to actions designed to limit the 
spread of the disease, the Government initiated programs designed to 
assist persons living with HIV/AIDS and to discourage discrimination 
against infected persons. The Elroy Phillips Center, a residence 
facility for persons with HIV/AIDS, was in its 7th year of operation.
    While there is no legislation mandating provision of accessibility 
to public thoroughfares or public or private buildings, the Town and 
Country Planning Department set provisions for all public buildings to 
include accessibility to persons with disabilities. As a result, the 
majority of new buildings had ramps, reserved parking, and special 
sanitary facilities for such persons.

Section 6. Worker Rights

    a. The Right of Association.--Workers freely exercised their right 
to form and belong to trade unions and to strike. Approximately 30 
percent of the labor force belonged to trade unions. Overall union 
membership declined slightly during the year due to job losses in some 
industries. There were two major unions and several smaller ones, 
representing various sectors. The public service union, the National 
Union of Public Workers, was independent of any political party or the 
Government. Some officers of the largest union, the Barbados Workers' 
Union, were associated personally with the Democratic Labour Party. 
Most unions belonged to the Congress of Trade Unions and Staff 
Associations.
    Employers have no legal obligation to recognize unions under the 
Trade Union Act of 1964, but most did so when a significant percentage 
of their employees expressed a desire to be represented by a registered 
union. While there is no specific law that prohibits discrimination 
against union activity, the courts provided a method of redress for 
employees who allege wrongful dismissal. The courts commonly awarded 
monetary compensation but rarely ordered reemployment. Legislation to 
address the union recognition process was still pending at year's end.
    Trade unions were free to form federations and were affiliated with 
a variety of regional and international labor organizations. The 
Caribbean Congress of Labor has its headquarters in the country.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to organize and bargain collectively. Normally, 
wages and working conditions were negotiated through the collective 
bargaining process, but in 1993 the Tripartite Prices and Incomes 
Policy Accord established a 2-year wage freeze. Since then, negotiated 
protocols contain provisions for increases in basic wages and increases 
based on productivity. Protocol Four, which covers 2001-04, was 
intended to encompass the needs of an increasingly global workforce as 
the Caribbean nations move towards the development of a single market 
economy and the free movement of skilled labor. It included an appendix 
covering the treatment of HIV/AIDS in the workplace. These protocols 
did not have the force of law.
    The law accords full protection to trade unionists' personal and 
property rights. All private and public sector employees were permitted 
to strike, but essential workers may strike only under certain 
circumstances and after following prescribed procedures. The 
International Labor Organization (ILO) has criticized the Better 
Security Act of 1920, which provides that persons who willfully and 
maliciously break a contract knowing that it would cause injury to 
persons are liable for a fine or 3 months' imprisonment. The ILO asked 
that the law be amended on the grounds that it could be invoked in the 
case of a strike; the Government had not taken any action to do so.
    In 2000 the nonunion Barbados Police Association supported the 
police over unfulfilled promises of increased wages and increased 
allowances. At year's end, the Government was still reappraising civil 
service salary scales. The Government insisted that the police should 
be included in this exercise and that they should not receive special 
treatment. In the interim, in keeping with promises made by the then-
Attorney General, Parliament approved an allowance package for certain 
ranks of the police force.
    There were no manufacturing or special areas where collective 
bargaining rights were legally or administratively impaired. There were 
no export processing zones.

    c. Prohibition of Forced or Bonded Labor.--The Constitution 
prohibits forced, compulsory, 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 working age of 16 was broadly observed. 
Compulsory primary and secondary education policies reinforced minimum 
age requirements (see Section 5). The Labor Department had a small 
cadre of labor inspectors who conducted spot investigations of 
enterprises and checked records to verify compliance with the law. 
These inspectors may take legal action against an employer who is found 
to have underage workers.

    e. Acceptable Conditions of Work.--The law provides for and the 
authorities establish minimum wages for specified categories of 
workers. Only two categories of workers have a formally regulated 
minimum wage--household domestics and shop assistants (entry level 
commercial workers). Household domestics were entitled to a minimum 
wage of $0.75 (BDS$1.50) per hour, although in actual labor market 
conditions, the prevailing wage was triple that amount. There were two 
age-related minimum wage categories for shop assistants. The adult 
minimum wage for shop assistants was $2.13 (BDS$4.25) per hour and the 
minimum wage for 16- and 17-year-old shop assistants was $1.97 
(BDS$3.95) per hour. The minimum wage for shop assistants was 
marginally sufficient to provide a decent standard of living for a 
worker and family; most employees earned more. Some persons also 
received remittances from relatives abroad or operated cottage 
industries to supplement their income.
    The standard legal workweek is 40 hours in 5 days, and the law 
requires overtime payment for hours worked in excess. The Government 
accepts ILO conventions, standards, and other sectoral conventions 
regarding maximum hours of work. However, there was no general 
legislation that covered all occupations. Employers must provide a 
minimum of 3 weeks' annual leave. Unemployment benefits and national 
insurance (social security) covered all workers. A comprehensive, 
government-sponsored health program offered subsidized treatment and 
medication.
    The Factories Act of 1983 sets the officially recognized 
occupational safety and health standards. The Labor Department enforced 
health and safety standards and followed up to ensure that management 
corrected problems cited. The Factories Act also requires that in 
certain sectors firms employing more than 50 workers create a safety 
committee. This committee could challenge the decisions of management 
concerning the occupational safety and health environment. Trade union 
monitors identified safety problems for government factory inspectors 
to ensure the enforcement of safety and health regulations and 
effective correction by management. The Barbados Workers Union accused 
government-operated corporations in particular of doing a ``poor job'' 
in health and safety. The Government pledged to undertake inspections 
of government-operated corporations and manufacturing plants, and the 
Labor Department's Inspections Unit conducted several routine annual 
inspections of such corporations. During the year, several workers died 
as a result of cave-ins or falls while digging deep trenches. These 
well-publicized incidents led to increased calls for more stringent 
safety standards. Workers had a limited right to remove themselves from 
dangerous or hazardous job situations without jeopardizing their 
continued employment.

    f. Trafficking in Persons.--There were no laws specifically 
addressing trafficking in persons, although laws against slavery and 
forced labor could be applied. There were no reports that persons were 
trafficked to, from, or within the country.
                               __________

                                 BELIZE

    Belize is a parliamentary democracy with a constitution enacted in 
1981 upon independence from the United Kingdom. The Prime Minister, a 
cabinet of ministers, and a legislative assembly govern the country. 
The Governor General represented Queen Elizabeth II in the largely 
ceremonial role of head of state. Prime Minister Said Musa's People's 
United Party (PUP) held 26 of the 29 seats in the House of 
Representatives following generally free and fair elections in 1998. 
The judiciary was generally independent.
    The Police Department had primary responsibility for law 
enforcement and maintenance of order. The Belize Defence Force (BDF) 
was responsible for external security but, when deemed appropriate by 
civilian authorities, could be tasked to assist the police department. 
Throughout the year, armed BDF soldiers routinely accompanied police 
patrols in Belize City in an attempt to reduce the worsening violent 
crime rate. The police reported to the Minister of Budget Management, 
Investment, and Home Affairs, while the BDF reported to the Minister of 
Defence and National Emergency Management. The civilian authorities 
maintained effective control of the security forces. Some members of 
the police committed human rights abuses.
    The market-based economy was primarily agricultural, although 
tourism has become the principal source of foreign exchange earnings; 
the country's population was approximately 250,000. There was a very 
small industrial sector, comprised of limited agribusiness, clothing, 
and boat manufacturing. The agricultural sector was heavily dependent 
upon preferential access to export markets for sugar and for bananas. 
In 2001 gross domestic product grew at an annual rate of 4.6 percent, 
and inflation was minimal. The gap between rich and poor was not a 
major societal concern.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Principal human 
rights abuses included alleged unlawful police killings, brutality and 
excessive use of force by some members of the police and prison guards, 
poor prison conditions, allegations of arbitrary arrest and detention, 
and lengthy pretrial detention, but the number of complaints of human 
rights abuse decreased from 2001. Violence and discrimination against 
women, abuse of children, and employer mistreatment of undocumented 
foreign workers also were problems. There were reports of trafficking 
in persons. Belize 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 
political killings by the security forces; however, there were some 
alleged unlawful or unwarranted killings by the police.
    On January 9, police found the bodies of Kirk Thompson and Edmund 
Velasquez floating in the Old Northern River. Thompson and Velasquez 
were suspected of murdering a police officer, a security guard, and a 
businessman, and injuring another police officer. Several members of 
the police told the press the two men would never be taken alive. An 
autopsy found no signs of gunshot or puncture wounds and determined 
that the two drowned with no sign of foul play. Despite the autopsy, 
the victims' families and others remain convinced the police killed 
Thompson and Velasquez.
    On September 27, two forestry officials and two police officers 
attempted to confiscate a quantity of illegally harvested mahogany at a 
remote site near the Ke'kchi Maya village of Otoxha but were prevented 
from doing so by the arrival of 30 Maya, armed with machetes. The Maya, 
who had been hired to cut the timber, said that the police could not 
take it because they had not been paid for their work; the police said 
the Maya advanced on them in a threatening manner. Although the police 
said they fired warning shots in the air, the police shot and killed 
two Maya and injured three others. The Government paid compensation to 
the families of the Maya who were killed and convened a Commission of 
Inquiry to investigate. The Commission's preliminary finding was that 
the police acted in self-defense.
    On December 30, Albert Pennil was shot to death outside a 
restaurant in Belize City. The next day police arrested three suspects, 
one of whom was police constable Kevin Alvarez. In November 2001, the 
authorities fired Alvarez from the police force after a number of 
complaints about his behavior, including his alleged involvement in a 
lethal shooting and a beheading, but rehired him early in the year. 
Alvarez was expected to appear in court in January 2003.
    In the September 2001 killing of Frederick Reynolds by police 
constable Mervin Vernon, in August the Director of Public Prosecutions 
(DPP) charged Vernon with manslaughter by negligence, and a trial was 
expected early in 2003.
    In the October 2001 death of George Michael Hyde, the Human Rights 
Commission of Belize (HRCB) investigated and found the police action to 
be justified. At year's end, the coroner's inquests into the February 
2000 death of Kelvin Barrow and the March 2000 death of prisoner Cecil 
Ramirez had been delayed because files were destroyed in a September 
fire at the Magistrate's Court.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    On September 8, while on patrol, police constable Martin Castillo 
and two BDF soldiers (on assignment with the police) kidnaped two men 
in Belize City and turned them over to a suspected drug gang. Castillo 
and the soldiers were arrested as they were on their way to abduct a 
third person. The authorities charged the police constable with 
kidnaping but dropped all charges against the soldiers after they 
explained that they thought they were conducting legitimate police 
business.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture or other inhuman 
punishment; however, there were several reports that the police and 
prison staff used excessive force. Some of the most common complaints 
received by the office of the Ombudsman involved alleged misconduct and 
abuse by police and Department of Corrections personnel. The Ombudsman 
reported that the number of such reports decreased; however, a number 
of cases of alleged abused featured in the press were never reported to 
the Ombudsman's office. The Ombudsman stated that police use of force 
was appropriate in the majority of cases he investigated, usually due 
to the complainant having resisted arrest, even if the level of force 
used was sometimes excessive.
    The Police Department's internal affairs and discipline (IAD) 
section, the DPP, and the Ombudsman's office investigated allegations 
of abuse by officials. According to IAD, there were 322 sanctions 
against police officers for infractions during the year. The vast 
majority of these were for petty offenses, with 190 for being absent 
without leave. A small number of the offenses were more serious, 
including two convictions for using unwarranted personal violence, two 
for discharge of a weapon without cause, one conviction for negligent 
use of a firearm, and three for permitting a prisoner to escape.
    An Amnesty International study found that human rights violations 
by police, the military, and prison guards were sporadic, but also 
found a general lack of systematic investigation and judicial followup 
when abuses were reported. In many cases, the Government ignored 
reports of abuses or withheld action until the case had faded from the 
public's attention, at which point no action was. Despite this 
generally poor approach, the Government did take action in a small 
number of cases.
    On March 5, a four-person police patrol entered a store in Belize 
City, assaulted the owner and a customer, and stole some money, an 
event recorded on the store's surveillance system. The authorities 
arrested the four police officers and charged them with theft, 
conspiracy to commit theft, and two counts of common assault each.
    On May 27, four inmates attempted to escape from Hattieville 
Prison. They were caught and brought to a room in the maximum-security 
section where prison officers beat them with batons and rifles, and 
officer Ean Daley shot each prisoner in the upper thigh. Over the next 
2 days, human rights groups reported that a dozen other prisoners were 
severely beaten by guards. The authorities brought no criminal charges 
against any guard but dismissed Daley, who had been suspended in 2000 
for beating and shooting a prisoner. At year's end, the Ombudsman was 
trying to convince the Government to bring charges against Daley.
    In early December, a prisoner escaped from Hattieville Prison. He 
was recaptured but was injured in the process. Prison guards George 
Myvett and Joshua Trapp escorted the prisoner to a hospital for 
treatment. While at the hospital, the two guards began to beat the 
prisoner in front of witnesses. On December 17, the authorities fired 
both Myvett and Trapp from their jobs.
    In April police used force to break up a peaceful protest march. 
Two civilians were shot, a number were beaten, and several hundred 
affected by teargas; several police officers were injured by thrown 
stones (see Section 2.b.).
    Prison conditions were poor. Conditions at the country's only 
prison, in Hattieville, deteriorated since it opened in 1993. Although 
designed to house 500 inmates, it housed 917 male and 34 female 
prisoners, resulting in significant overcrowding. In the remand 
section, 151 detainees shared 13 15- by 20-foot cells, equipped with 
beds for only a quarter of that number. The remand section flooded in 
the rain, and the detainees shared one shower in an unlit room. Health, 
hygiene, and nutrition were problems at the prison. The prison had a 
medical clinic and nurse, but its budget for medical care was 26 cents 
(Bz$0.52) per prisoner per month. Prisoners often had to pay for their 
own treatment and medicine. The lack of a duty nurse on weekends 
contributed to the diabetes-related death of a prisoner on July 6. 
Meals were delivered to the prisoners in 5-gallon buckets on a 
wheelbarrow, and prisoners ate in their cells--often next to uncovered 
buckets used as toilets. These buckets were dumped into a ditch 
directly behind one cellblock, contaminating ground water and creating 
a breeding ground for insects.
    Pretrial detainees were housed in overcrowded cells separate from 
convicted criminals. The prison psychiatrist provided mental health 
services; there was no separate facility for inmates with mental 
illnesses. First-time offenders were housed in the same building as 
those who committed capital crimes. Although the Assembly passed 
legislation that would reduce the number of first-time offenders sent 
to prison, the Government had only limited funding to support the 
proposed changes, such as developing community service projects to 
employ first-time offenders.
    There were reports of physical brutality by prison wardens. Inmates 
claimed that guards sometimes beat troublesome prisoners and placed 
them in an isolation cell until their wounds healed. A common 
punishment was placing inmates in an unlit and unventilated punishment 
cell, and restricting their diet to bread and water. This cell was 8- 
by 10-feet, and held up to nine prisoners for as long as 1 month each. 
In addition, prisoners enforced their own code of conduct and attacked 
prisoners convicted of particularly serious crimes, such as child 
molestation. Incidents of gang- and drug-related violence in the prison 
continued. Frequent prison breaks, confiscation of weapons, and reports 
of beatings occurred throughout the prison's history. During the year, 
prison authorities confiscated a large number of deadly weapons, 
including machetes and makeshift guns.
    The prison included a separate facility for women, located about 
200 yards outside the main compound. Conditions in the women's facility 
were significantly better than those in the men's compound. The 34 
women held there occupied 17 cells; each inmate had her own bed. The 
facility was clean, and inmates had access to limited educational 
classes and vocational classes in computers.
    The Government's efforts to rehabilitate prisoners decreased during 
the year. Its Youth Enhancement Agency closed, and minor prisoners were 
then housed in a separate boot-camp style section of the main prison. 
Opportunities for work or skills training at the prison were extremely 
limited. The prison's fish farm closed shortly after it opened due to 
lack of funds, and inmates no longer worked at a nearby citrus farm. 
Approximately 10 inmates took a welding class, a handful created mosaic 
tiles, and a limited number of others were allowed to work outside the 
prison, often in construction. There was a time-off program for good 
behavior.
    In August the Government privatized the management of Hattieville 
Prison. The Government's Ministry of Home Affairs retained oversight 
responsibility, but management was taken over by the nonprofit Kolbe 
Foundation, created by members of the Prison Advisory Board and the 
local Rotary Club. Kolbe's first acts were to streamline finances and 
increase professionalism among the staff; by year's end it had acquired 
beds for most prisoners, and had almost completed building a mess hall 
and improving the kitchen. Kolbe believed it could improve the prison 
by reducing endemic waste and corruption, and by using unpaid prison 
labor on infrastructure projects.
    The Government permitted prison visits by independent human rights 
observers.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest or detention, and the Government generally 
observed these provisions; however, there were occasional accusations 
of arbitrary arrest and detention.
    Police were required to obtain a search or arrest warrant issued by 
a magistrate in most cases. The only exceptions were in cases of hot 
pursuit, when there was probable cause, or if there was suspicion a 
firearm was present. Customs officers could search a premise with a 
Writ of Assistance issued by the Comptroller of Customs. The law 
requires the police to inform a detainee of the cause of detention 
within 48 hours of arrest and to bring the person before a court to be 
charged formally within 48 hours. In practice the authorities normally 
informed detainees immediately of the charges against them.
    Police were required to follow ``The Judges' Rules,'' a code of 
conduct governing police interaction with arrested persons. In rare 
instances, entire cases were thrown out when the Judges' Rules were 
violated. More commonly, a confession obtained through violation of 
these rules was deemed invalid. Detainees were usually granted timely 
access to family members and lawyers, although there were occasional 
complaints that inmates were denied access or denied a phone call after 
arrest. Bail was available for all cases except murder and was granted 
in all but the most serious cases. In cases involving narcotics, the 
police cannot grant bail, but a magistrate's court may do so after a 
full hearing. Detainees sometimes could not afford bail, and backlogs 
in the docket often caused considerable delays and postponement of 
hearings, resulting in an overcrowded prison, and at times prolonged 
pretrial detention (see Sections 1.c. and 1.e.).
    Immigration violators ordered deported often spent months in prison 
while the Government decided what to do with them. In April two Cubans 
illegally entered Belize, falsely claiming to be U.S. citizens. They 
were sentenced to 3 months in prison for immigration fraud; they 
applied for political asylum, which was denied. Despite their prison 
sentences having ended in July, the pair remained in prison until 
December (see Section 2.d.).
    The Constitution forbids exile, and it 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. In the past, judicial independence had possibly 
been compromised because some foreign judges had to negotiate renewal 
of their contracts with the Government, but judges now hold lifetime 
appointments (until the mandatory retirement age of 65). Only one of 
the four justices sitting on the Supreme Court was a citizen. There 
were 17 magistrates with 2 vacant positions; only 3 of the magistrates 
had a legal background. Every magistrate was a citizen. Most judges 
were members of the civil service and were routinely transferred 
between court and administrative postings. The few judges who were 
trained in law spend most of their career as a magistrate, but the 
majority were transferred on and off the bench. In May the Government 
appointed a new Director of Public Prosecutions, and for the first 
time, appointed him to the job for life. The DPP reported no attempt at 
political interference in his job. The judiciary was seen as relatively 
honest; one corrupt Supreme Court justice was impeached and disbarred 
in January.
    The judiciary consists of the alcalde courts (with jurisdiction 
over small civil claims and minor criminal infractions), the 
magistrate's courts, the Supreme Court, the Court of Appeals, and a 
family court that handles cases of child abuse, domestic violence, and 
child support. Those convicted by either a magistrate's court or the 
Supreme Court may appeal to the Court of Appeals. In exceptional cases, 
including those resulting in a capital sentence, the convicted party 
may make a final appeal to the Privy Council in the United Kingdom. 
Trial by jury was mandatory in capital cases.
    Persons accused of civil or criminal offenses had constitutional 
rights to presumption of innocence, protection against self-
incrimination, defense by counsel, a public trial, and appeal. 
Defendants had the right to be present at their trial unless the 
opposing party fears for his or her safety. In such a case, the court 
granted interim provisions under which both parties were addressed 
individually during a 5-day period.
    Legal counsel for indigent defendants was provided by the State 
only for capital crimes. In 1999 the Government appointed an attorney 
to the Legal Aid Center to improve and strengthen legal aid services to 
the public. Most defendants could not afford an attorney, and these 
were convicted at a much higher rate than those with legal 
representation. The Legal Aid Center's staff attorney handled up to 150 
cases a year, leaving the majority of defendants unrepresented. The 
judicial system was constrained by a severe lack of trained personnel, 
and police officers often acted as prosecutors in the magistrate's 
courts. At year's end, the DPP started hiring professional, full-time 
prosecutors to replace the largely untrained and inexperienced police 
prosecutors.
    The family court is at the same level as the magistrate's courts; 
however, trials in cases that come before the family court generally 
were private. The convicted party in family court may appeal to the 
Supreme Court.
    There were lengthy trial backlogs in the judicial system. Routine 
cases without a defense attorney were disposed of within 1 month, but 
cases involving a serious crime or where there was a defense attorney 
took up to 1 year. The Government briefly implemented a ``fast track'' 
trial court to cut the backlog, but the new Director of Public 
Prosecutions discontinued this process as unconstitutional. Despite an 
increase in serious crimes, poor case management, lack of attorney 
discipline, unreliable witnesses, and several cases that had been 
ongoing for years, the backlog of cases was shrinking.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices, government 
authorities generally respected these prohibitions, and violators were 
subject to legal action. However, disputes regarding the Government's 
exercise of eminent domain rights arose in the past and took some time 
to resolve.

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 provisions in practice. The Constitution also permits 
the authorities to make ``reasonable provisions'' in the interests of 
defense, public safety, public order, public morality, or public 
health. These provisions include forbidding any citizen to question the 
validity of the financial disclosure statements submitted by public 
officials. Anyone who questioned these statements orally or in writing 
outside a rigidly prescribed procedure was subject to a fine of up to 
$2,500 (Bz$5,000), or imprisonment of up to 3 years, or both.
    A wide range of viewpoints was presented publicly, usually without 
government interference, in 10 privately owned weekly newspapers, 3 of 
which were owned by major political parties. There were no daily 
newspapers. All newspapers were subject to the constraints of libel 
laws, but these laws had not been invoked in several years. Newspapers, 
especially the one owned by the opposition party, were routinely 
critical of the Government without fear of reprisal.
    There were 11 privately owned commercial radio stations, including 
1 British military station that broadcast news directly from London and 
other Caribbean nations. Popular radio call-in programs were lively and 
featured open criticism of, and comments on, government and political 
matters.
    There were two privately owned television stations that produced 
local news and feature programming. There were also several cable 
television providers throughout the country that rebroadcast foreign 
stations. The Belize Broadcasting Authority regulated broadcasting and 
asserted its right to preview certain broadcasts, such as those with 
political content, and to delete any defamatory or personally libelous 
material from political broadcasts. While this right exists, it has not 
been exercised in several years.
    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 freedom of assembly and for freedom of association, and 
the Government generally respected these rights in practice. Political 
parties and other groups with political objectives freely held rallies 
and mass meetings. The organizers of public meetings must obtain a 
permit 36 hours in advance of the meetings; such permits were not 
denied for political reasons and were granted routinely in practice.
    On April 24, over 200 people demonstrated against an increase of 
bus fares in the town of Benque Viejo del Carmen. Police attempted to 
disperse the crowd, with some police pushing the demonstrators, some of 
whom responded by throwing sticks and stones. In the ensuing violence, 
Corporal Thomas Flores shot and severely wounded two people at close 
range with an M-16 rifle, and police beat a number of people and 
indiscriminately fired tear gas. The tear gas affected as many as 300 
persons, including 60 elementary school students in a classroom. A 
police investigation found several officers used excessive force, but 
no criminal charges were filed against the police. Several protesters 
were charged, but their cases were postponed indefinitely.

    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 law provides for granting of asylum or refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol. Until closing its Refugee Department in 
1999, the Government cooperated directly with the office of the U.N. 
High Commissioner for Refugees (UNHCR). Since then, the UNHCR relied 
upon a local nongovernmental organization (NGO) to monitor the status 
of asylees and to represent its interests. It was unclear how many 
outstanding refugee or asylum claims there were as of year's end. Of 
the 39 cases pending from 2001, several became Belizean residents, 
mostly through marriage, and others left the country. There were 18 new 
cases during the year. The Government has not recognized any individual 
as a refugee since 1997 and had no procedure in place to accept or 
resettle refugees.
    The Government last honored the principle of first asylum in the 
case of four persons in 1995.
    Since 1999 the Government has not accepted asylum applications, and 
there was no mechanism to adjudicate asylum requests, nor any 
legislation that formalized the asylum process. An eligibility 
committee was reestablished early in the year and met once to discuss 
procedures, but no subsequent meetings were held. In April two Cubans 
applied for asylum. Lacking a formal mechanism to review their claim, 
the case went before the Supreme Court, which denied asylum. The 
Government could not afford to deport the two, so they remained 
incarcerated at Hattieville Prison, even though they were no longer 
serving any sentence (see Section 1.d.). In December the Government 
released them and ordered them to leave the country with another group 
of Cubans who had been denied asylum by the Magistrate's Court. The 
refugees requested they not be returned to Cuba, so instead the 
Government allowed them to depart the country by sea, possibly in boats 
donated by a local businessman. None of the Cubans had valid travel 
documents, and their destination was 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 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 country is a democracy governed by a national 
assembly with executive direction from a cabinet of ministers headed by 
Prime Minister Said Musa. The law requires national elections every 5 
years. The Government changed hands in August 1998 when the PUP won 26 
of 29 seats in the House of Representatives in generally free and fair 
elections.
    All elections were held by secret ballot, and suffrage was 
universal for citizens 18 years of age and older. National political 
parties included the People's United Party, the United Democratic Party 
(UDP), and the National Alliance for Belizean Rights. Another political 
party, calling itself ``We the People,'' was formed in 2001 and planned 
to field a full slate of candidates in the next election. The country's 
ethnic diversity was reflected in each party's membership.
    No laws impeded participation of women in politics, and 82 percent 
of both men and women were registered to vote. There were three women 
in the House of Representatives; two were elected Representatives and 
the other was appointed to serve as Speaker of the House. There were 5 
women in the 12-member appointed Senate, and another woman served as 
president of the Senate. There was one woman in the Cabinet, and five 
women were chief executive officers of ministries. The Chief Elections 
Officer was also a woman.
    There were no laws impeding participation by indigenous persons or 
minority groups in politics. There were Mestizo, Creole, Maya, and 
Garifuna representatives in the National Assembly. Voter registration 
and participation were not tracked by ethnicity; however, there were no 
complaints or reports of electoral discrimination on the basis of 
ethnicity.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    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. The main limitation on human 
rights monitoring was the limited number of NGOs in the country and 
their problems attracting funding.
    The Human Rights Commission of Belize (HRCB), an NGO affiliated 
with regional human rights organizations and partly funded by the 
UNHCR, operated without government restriction on a wide range of 
issues, including migrant and agricultural workers' rights and cases of 
alleged police abuse. The HRCB published human rights complaints and 
urged police and other governmental bodies to act upon them. The HRCB 
gained prominence through media reports about its workshops and 
seminars that educate citizens about human rights.
    In 1999 the Government created the position of Ombudsman to act as 
a check against governmental abuses. The Ombudsman stated in his third 
annual report that he received 334 formal complaints between April 2001 
and March. While most complaints were against the Government, a number 
were against private entities. There were 109 complaints against the 
Police Department; 65 regarding the Lands Department; followed by the 
Department of Corrections with 25 complaints; and the Family Courts 
with 15 complaints. The Ombudsman received an average of five 
complaints of human rights violations each month, a number that 
decreased over the last 2 years. The Ombudsman investigated the 
majority of these cases and published his findings on many of them in 
the annual reports.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution prohibits discrimination based on race, place of 
origin, political opinion, color, creed, or sex. The country is 
multiracial and multiethnic, and discrimination was rare, although 
ethnic tension, particularly resentment of recently arrived Central 
American and Asian immigrants, continued to be a problem. The 
Government continued to reserve certain professions for citizens, 
granting permits and licenses to noncitizens only in specific cases. 
These occupations included fishing, souvenir manufacturing, sightseeing 
tours, accounting, insurance, real estate, and legal services.

    Women.--Domestic violence against women was a worsening problem. 
The Family Violence Unit of the police recorded approximately 1,000 
instances of domestic violence against women during the year. Two-
thirds of the reported cases were from Belize City, the country's only 
urban center, although the amount of violence may have been 
underreported in other parts of the country where persons were 
reluctant to discuss or report it. A shelter for battered women offered 
short-term housing. The Belize Organization for Women and Development, 
an NGO, advised women on their rights and provided counseling.
    Laws prohibit rape and sexual harassment. The police and courts 
began to treat rape more seriously than in previous years, but it was 
still not a priority. The Magistrate's Court reported five convictions 
for rape and one for attempted rape, with sentences ranging from 5 to 
28 years. Arrests and convictions for rape were widely covered in the 
press. The police and courts more strongly enforced statutory rape 
laws, with 27 convictions. The Criminal Code prohibits marital rape.
    Adult prostitution is not illegal, although the law prohibits 
loitering for prostitution, operating a brothel, or for a man to 
solicit for prostitution. The laws, which carry penalties of fines up 
to $500 (Bz$1,000) or 1 year of imprisonment, were weakly enforced. 
Several prominent brothels openly operated, and sex tourism increased.
    Despite constitutional provisions for equality, women faced social 
and economic prejudice. It was harder for women to find employment, and 
in 1999 the female unemployment rate was 20.3 percent compared with 9 
percent for men. Most employed women were concentrated in female-
dominated occupations with traditionally low status and wages. Although 
there was no statistical support for the claim, it was believed widely 
that women found it more difficult than men to obtain business and 
agricultural financing and other resources. In recent years the 
proportion of women in higher education increased, and 64 percent of 
students at the University of Belize were women.
    The Women's Department in the Ministry of Human Development, Women 
and Children, and Civil Society is charged with developing programs to 
improve the status of women. A number of officially registered women's 
groups worked closely with various government ministries to promote 
social awareness programs. There were no legal impediments to women 
owning or managing land or other real property. Women were active in 
all spheres of national life, but relatively few held top managerial 
positions. However, women headed the Belize Business Bureau, the Belize 
Citrus Growers Association, several prominent environmental NGOs, and 
the Belize Rotary Club. The law mandates equal pay for equal work; 
however, women tended to earn less than men; in 1999 the median monthly 
income for a working woman was $290 (Bz$580) compared to $317 (Bz$634) 
for a man.

    Children.--Education is compulsory for children between the ages of 
5 and 15. After children finish their primary education, they may enter 
a secondary school, the Government-run apprenticeship program, or a 
vocational institution. However, these programs had room for only about 
one-half of the children finishing primary school; competition for 
spaces in secondary school was intense. Education was nominally free, 
but various school, book, and uniform fees placed education out of 
reach for many poor children. There were also many truants and 
dropouts. Religious organizations administered a number of educational 
institutions, including a majority of primary schools and the most 
prestigious girls' and boys' secondary schools.
    The Family Services Division in the Ministry of Human Development, 
Women and Children, and Civil Society was devoted primarily to 
children's issues. The division coordinated programs for children who 
were victims of domestic violence, advocated remedies in specific cases 
before the family court, conducted public education campaigns, 
investigated cases of trafficking in children (see Section 6.f.), and 
worked with NGOs and UNICEF to promote children's welfare. The National 
Committee for Families and Children included a representative from the 
Ministry of Human Development, Women and Children, and Civil Society.
    Child abuse was not considered to be widespread or a societal 
problem; the Family Violence Unit recorded around 100 cases of domestic 
violence against children a year, nationwide. The 1998 Families and 
Children Act allows authorities to remove a child legally from an 
abusive home environment, removes the limit placed on child support 
that a parent must pay, and allows men to file for support, as well as 
women. It requires parents to maintain and support children until they 
reach the age of 18, compared with the previous law's mandate of 
support until the age of 16. The law also accepts DNA testing as legal 
proof of paternity and maternity. It requires that all adoptions be 
reported to the Human Development Department of the Ministry of Human 
Development, Women and Children, and Civil Society, and that 
prospective parents be screened before they may adopt a child. In 
January the Minister enacted a statutory instrument to strengthen the 
Families and Children Act to help prevent child abuse and aid 
prosecution. The National Organization for the Prevention of Child 
Abuse and Neglect (NOPCAN) instituted a nationwide telephone help line 
to encourage discourse and reduce abuse.
    A practice that occurred throughout the country was that of parents 
selling their female children to an older man, often a friend of the 
family (see Section 6.f.).

    Persons with Disabilities.--The law does not provide specifically 
for accessibility for persons with disabilities or prohibit job 
discrimination against them. The Government's Disability Services Unit, 
as well as a number of NGOs, such as the Belize Association of and for 
Persons with Disabilities and the Belize Center for the Visually 
Impaired, provided assistance to such persons. Children with 
disabilities had access to government special education facilities, 
although the requirements to enter such programs were strict.

    Indigenous Persons.--Among the country's indigenous people, the 
Mopan and Ke'kchi were grouped under the general term Maya, although 
their leaders stated that they should be identified as the Masenal, 
meaning ``common people.'' The Maya sought official recognition of 
their communal claims to land, but the Government was reluctant to 
single out one ethnic group for special consideration. The Government 
designated 77,000 acres as 9 separate Mayan reserves; however, Mayan 
leaders claimed that the Maya have an ancestral claim to a total of 
500,000 acres. The Maya formed cultural councils and other groups to 
advance their interests, sometimes with the collaboration of NGOs 
concerned with environmental and indigenous issues. Several Mayan 
organizations filed suit to force the Government to recognize the 
Maya's ancestral land claims and to prevent further granting of logging 
concessions on the disputed land. At year's end, the suit was still 
pending in civil court.
    In 2000 the Government and the Mayan People of Southern Belize (a 
loose association of Mayan and nongovernmental groups) signed a 
collective agreement to address the grievances set forth in a petition 
by Mayan community leaders in 1998. The Mayan people live in the south, 
the poorest region of the country and the area that received the least 
government funding. On December 19, the Government signed an agreement 
with the Maya Leader's Alliance to begin implementing phase one of the 
2000 agreement.

Section 6. Worker Rights

    a. The Right of Association.--By law and in practice, workers 
generally were free to establish and join trade unions. Seven 
independent unions, whose members constituted approximately 11 percent 
of the labor force, represented a cross-section of workers, including 
most civil service employees. The Ministry of Labor recognizes unions 
after they file with the Registrar's Office. Unions may organize 
freely, and the law requires employers to recognize unions when a 
critical level of membership is reached. The law empowers members to 
draft the bylaws and the constitutions of their unions, and they were 
free to elect officers from among the membership at large. Unions that 
chose not to hold elections may act as representatives for their 
membership, but the National Trade Union Congress of Belize permitted 
only unions that held free and annual elections of officers to join its 
ranks. Both law and precedent effectively protect unions against 
dissolution or suspension by administrative authority.
    Although no unions were affiliated officially with political 
parties, several were sympathetic to one or the other of the two main 
parties (the PUP and the UDP).
    The Constitution prohibits antiunion discrimination both before and 
after a union is registered. However, since 1989 the ILO has been 
drawing the Government's attention to the need to ensure that workers 
benefit from adequate protection against antiunion discrimination, 
stating that the fine of $125 (Bz$250) does not exert a sufficiently 
dissuasive effect against actions of antiunion discrimination. 
According to the Trade Unions and Employers Organizations Act, any 
worker who is a victim of antiunion discrimination can seek redress in 
the Supreme Court with allowable judgments of up to $2,500 (Bz$5,000). 
Some employers have been known to block union organization by 
terminating the employment of key union sympathizers, usually on 
grounds purportedly unrelated to union activities. Effective redress 
was extremely difficult to obtain in such situations. Technically, a 
worker could file a complaint with the Labor Department, but in 
practice it was difficult to prove that a termination was due to union 
activity.
    Unions freely exercised the right to form federations and 
confederations and affiliate with international organizations.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining and unions practice it freely 
throughout the country. Employers and unions set wages in free 
negotiations, or, more commonly, employers simply established them. The 
Labor Commissioner or his representative acted as a mediator in 
deadlocked collective bargaining negotiations between labor and 
management, offering nonbinding counsel to both sides. Historically the 
Commissioner's guidance has been accepted voluntarily. However, should 
either union or management choose not to accept the Commissioner's 
decision, both were entitled to a legal hearing of the case, provided 
that it was linked to some provision of civil or criminal law.
    The law permits unions to strike and does not require them to give 
notice before going on strike. However, this right was limited for 
public sector workers in areas designated as ``essential services.'' 
Both the ILO and the International Confederation of Free Trade Unions 
have found the Government's definition of essential services to be 
overly broad and an infringement on some workers' right to strike. The 
Essential Services Act also empowers the Government to refer a dispute 
to compulsory arbitration to prohibit or terminate a strike.
    There was one strike during the year. On March 12, an estimated 
2,500 members of the National Teachers Union held a 1-day strike in 
Belmopan to protest low wages. The Government began negotiations with 
the union and agreed to a pay raise in late December. In the year's 
only other labor action, the Belize Agricultural Health Authority 
(BAHA) held a ``work to rule'' protest the last week of November. 
BAHA's workers were protesting management's refusal to recognize the 
Public Service Union as the workers' representative, the unilateral 
imposition of new employment conditions, and the termination of three 
employees. The protest ended when management agreed to enter a dialog 
with the union.
    The Labor Code applies in the country's export processing zones 
(EPZs). There were no unions in the EPZs.

    c. Prohibition of Forced or Bonded Labor.--The Constitution and 
laws forbid forced, compulsory, or bonded labor, including that 
performed by children, and it generally was not known to occur. 
However, there were instances of Chinese migrants being forced to work 
in local (Chinese-owned) sweatshops. Members of the East Indian 
community also imported employees from India in effect as bonded labor, 
holding their passports and paying less than minimum wage. In at least 
one case, the employer arranged for an Indian employee to be deported 
when the employee asked for his salary after 2 years' work.
    The ILO Committee of Experts criticized a section of the Trade 
Union Act that calls for the penalty of imprisonment (involving, 
according to prison rules, an obligation to work) for an employee of 
the Government, municipal authority, or any employer in charge of 
supplying electricity, water, railway, health, sanitary or medical 
services or communications who breaks a contract of service, knowing 
that the probable consequence will be injury, danger, or grave 
inconvenience to the community.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Labor Act prohibits all employment of children under 
age 12 and prohibits employment of children between the ages of 12 and 
14 before the end of school hours on official school days. However, 
there was a long tradition of children's employment on family farms and 
in family-run businesses, which the law allows. The minimum age for 
employment was 17 years for work near hazardous machinery. Inspectors 
from the Departments of Labor and Education enforced this regulation.
    A January 2001 NOPCAN report stated that child labor existed in 
many forms in the Corozal district, with children working as shop 
assistants, gasoline attendants, and cane farmers. In 1999 the ILO 
estimated that 2 percent of children between the ages of 10 and 14 were 
working. In the rural regions, children worked on family plots and 
businesses after school, on weekends, and during vacations and were 
involved in the citrus, banana, and sugar industries as field workers. 
In urban areas, children shined shoes, sold newspapers and other small 
items, and worked in markets. Teenage girls, many of whom were migrants 
from neighboring Central American countries, worked as domestic 
servants, and some were rumored to work as bar maids and prostitutes. 
Other reported instances of violation of child labor laws were rare; 
one report that received wide exposure involved the employment of 16- 
to 18-year-olds in the Commercial Free Zone, an EPZ near the Mexican 
border, where the teenagers reportedly worked during school hours and 
for longer hours than allowed by law.

    e. Acceptable Conditions of Work.--The minimum wage was $1.12 
(Bz$2.25), except in export industries, where it was $1.00 (Bz$2.00) 
per hour. For domestic workers in private households and shop 
assistants in stores where liquor was not consumed, the rate was raised 
to $1.00 (Bz$2.00) per hour during the year. The minimum wage law did 
not cover workers paid on a piecework basis. The Ministry of Labor was 
charged with enforcing the legal minimum wage, which generally was 
respected in practice. The minimum wage as sole source of income did 
not provide a decent standard of living for a worker and family. Most 
salaried workers received more than the minimum wage.
    The law sets the normal workweek at no more than 6 days or 45 
hours. It requires payment for overtime work, 13 public holidays, an 
annual vacation of 2 weeks, and sick leave for up to 16 days. An 
employee is eligible for severance pay provided that he was employed 
continuously for at least 5 years.
    The exploitation of undocumented Guatemalan, Honduran, and 
Salvadoran workers, particularly young service workers and some 
agricultural workers, continued to be a problem. Health clinics in the 
region reported that the most frequently treated ailments were 
pesticide-related skin conditions. During the year, 200 families of 
banana farm workers were given housing off the farms. The company that 
buys all the country's banana exports built and donated the village of 
San Juan to its workers. The Government provided land for the village 
of Bella Vista, and the European Union provided water and electricity. 
Local NGOs reported that banana workers no longer lived near where 
pesticides are sprayed.
    A patchwork of health and safety regulations covered numerous 
industries, and the Ministry of Labor enforced these regulations to 
varying degrees. Enforcement was not universal, and the ministries 
committed their limited inspection and investigative resources 
principally to urban and more accessible rural areas where labor, 
health, and safety complaints had been registered. Workers had the 
legal right to remove themselves from a dangerous workplace situation 
without jeopardy to continued employment.

    f. Trafficking in Persons.--The law prohibits certain types of 
trafficking in persons, and there were reports that persons were 
trafficked to the country. The Criminal Code does not specifically 
mention trafficking in persons, but outlaws procuring for sexual 
purposes. The Summary Jurisdiction (Offenses) Act outlaws maintenance 
of a brothel, living off of the earnings of prostitution, and 
solicitation. The maximum sentence for operating a brothel was a $250 
(Bz$500) fine or up to 6 months in prison. The maximum fine for living 
off of the earnings of prostitution was $50 (Bz$100) or up to 6 months 
in prison. Enforcement of these laws was rare. Two brothel owners were 
arrested during the year for employing foreign prostitutes, but they 
were only charged for immigration violations.
    The Ministry of Human Development, Women and Children, and Civil 
Society, the police, and Immigration all have the authority to 
investigate cases of trafficking in women or children. In practice, 
Immigration handled most suspected cases of trafficking. On December 6, 
Immigration raided a number of brothels in Orange Walk and apprehended 
26 female immigrants working as prostitutes--23 from Guatemala and 3 
from El Salvador. Most were legal residents; only three were found to 
be illegally in the country and were deported. All were over 18 years 
of age, and none complained of coercion.
    In 2001 the National Committee for Families and Children (NCFC) and 
UNICEF commissioned a study of sex trafficking, which concluded that 
many minors were involved in the sex industry and that some women and 
children were trafficked to Belize from other Central American 
countries. NCFC's report found that approximately 35 percent of those 
working in the sex industry were under age 18 (the Corozal region 
ranked the highest, with 45 percent of sex workers reportedly being 
minors), with the youngest girls being only 13 years old. The majority 
of women working in brothels were from Honduras, El Salvador, and 
Guatemala; many had worked in the sex industry in their home countries, 
but came to earn more money as a prostitute in Belize. According to 
this report, very few claimed to have been coerced or tricked into 
coming to the country.
    In February International Human Rights Law Institute (IHRLI), an 
NGO, investigated sex trafficking in Belize and found reports of women 
who were lured to the country under false pretences. The IHRLI study 
cited two public health workers who believed that up to one-half of all 
prostitutes had been tricked into coming to Belize. IHRLI also found 
that the brothel owners kept the personal documents and passports of 
many of the prostitutes to keep them at the brothels. The report 
acknowledged that much of its information was anecdotal, from secondary 
sources.
    An NGO representative who distributed condoms and taught HIV 
awareness in organized brothels reported that he had not met a single 
prostitute who was coerced or tricked into coming to the country. He 
believed most prostitutes were adults, with only an estimated 5 percent 
being under 18, and reported that bar owners traded the women around 
the country, but only with the women's consent.
    The NCFC and IHRLI reports also found many instances of minors 
engaged in prostitution with an older man, in some case of their own 
volition, in others arranged by their family. These girls were 
typically of high-school age, but some as young as 13 were reported, 
and came from economically disadvantaged families. They provided sexual 
favors to an older man in return for clothing, jewelry, or school fees 
and books. In a limited number of cases where the Government attempted 
to prosecute the men for unlawful carnal knowledge, these efforts were 
usually stymied by the unwillingness of the girls' families to press 
charges. In some cases, at least one of which involved a 13-year-old, 
the family coerced the man to marry their daughter to avoid criminal 
charges.
    There were few confirmed cases of trafficking in children for the 
purpose of prostitution. On May 3, police arrested Norma Patricia Moz 
and John Majarrez. Moz, a recent immigrant from El Salvador, had 
allegedly sold her 10- and 13-year-old daughters to elderly businessman 
Majarrez for sexual purposes. A police medical exam confirmed that both 
of the girls had been raped. Majarrez was charged with one count each 
of carnal knowledge and indecent assault and two charges of common 
assault. Moz was initially indicted for procuring, but those charges 
were dropped in December.
                              ----------                              


                                BOLIVIA

    A constitutional, multiparty democracy with an elected president 
and bicameral legislature, Bolivia has separate executive, legislative, 
and judicial branches of government, with an attorney general 
independent of all three. President Gonzalo Sanchez de Lozada of the 
Nationalist Revolutionary Movement (MNR) took office on August 6 after 
he was elected by a joint session of the Bolivian Congress following 
the June 30 national election, in which the MNR won a plurality of the 
vote. The governing coalition controlled both houses of the 
legislature. Coalition members held the top leadership positions in 
both chambers. The executive and legislative branches suffered from 
corruption and inefficiency. The judiciary, while generally 
independent, also suffered from corruption and inefficiency.
    The National Police have primary responsibility for internal 
security, but military forces can be called upon for help in critical 
situations, and this occurred during the year. The Judicial Technical 
Police (PTJ) conducts investigations for common crimes (cases that do 
not involve narcotics). The police provided security for coca 
eradication work crews in the Chapare region, a tropical area where 
illegal coca is grown. The Special Counternarcotics Force (FELCN), 
including the Mobile Rural Patrol Unit (UMOPAR), is dedicated to 
antinarcotics enforcement. The Expeditionary Task Force (FEC), a 
military force composed of conscripts who had completed their 
obligatory service and commanded by active duty military officers, was 
disbanded in July. Civilian authorities generally maintained effective 
control over the security forces; however, at least one member of these 
forces was convicted of human rights abuses.
    The country has a market-oriented economy. There is extensive 
poverty, and 58.6 percent of the population of 8.3 million lived below 
the poverty line. Many citizens lacked access to such basic services as 
potable water, sewage, electricity, and primary health care. The 
country is rich in minerals and hydrocarbons; however, most workers 
were engaged in traditional agriculture, and many citizens were barely 
linked to the cash economy. The Government remained heavily dependent 
on foreign assistance to finance development projects.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Legal and 
institutional deficiencies prevented the full protection of citizens' 
rights. Security forces killed five protesters and injured dozens of 
others in violent demonstrations during the year. Five members of the 
security forces were killed and dozens of others injured, allegedly by 
militant cocaleros (illegal coca growers). There were unconfirmed 
allegations of torture by the police and security forces. There were 
credible reports of abuses by police, including use of excessive force, 
petty theft, extortion, and improper arrests. Investigations of alleged 
official abuses moved slowly. Prison conditions were harsh, and 
violence in prisons was a problem. At times police arbitrarily arrested 
and detained persons. Prolonged detention due to antiquated procedures, 
inefficiency, and corruption in the judicial system remained a serious 
problem, although this began to change in 2001 with the implementation 
of the new Code of Criminal Procedures (CCP). The Government enacted a 
new Public Ministry Law to adapt the prosecutorial function of the 
judicial system to the requirements of the CCP. There were reports that 
the Government infringed on citizens' property rights. Other problems 
included domestic violence and discrimination against women, abuse of 
children, discrimination against and abuse of indigenous people, 
discrimination against Afro-Bolivians, child labor, inhuman working 
conditions in the mining industry, and trafficking in persons. Bolivia 
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 government 
agents; however, security forces allegedly killed five protesters 
during violent demonstrations. Most deaths and injuries occurred in or 
near the Chapare where cocaleros often violently opposed the security 
forces' attempts to enforce the law and reduce the illegal coca crop 
that is used mainly to manufacture cocaine. Some human rights groups 
blamed the forced eradication for the violence, and cocaleros demanded 
its suspension, often by blocking a strategic highway used to transport 
legal crops to market.
    On January 15, violent protests erupted in the town of Sacaba, 
Cochabamba, as police responded to cocalero protests against a decree 
banning the transport and sale of illegal coca leaf from the Chapare. 
Sacaba has a legal market for coca from the Yungas, and the market's 
closure was not the intended object of police actions. However, 
thousands of demonstrators entered the offices of the General Coca 
Directorate (DIGECO) and the main market, setting fire to 25 vehicles 
and damaging other property. Police responded with tear gas, rubber 
bullets, and live ammunition. On January 16, violence escalated, and a 
number of injuries were reported on both sides. Demonstrators Fidel 
Montano Espinoza and Fortunato Markani Limachi were killed by gunfire, 
but it was not clear who fired the shots. On January 17, cocaleros 
again entered the coca market, and violent clashes ensued. The next 
day, four members of the security forces were found dead. Police 
arrested over 70 cocalero leaders in an attempt to quell the 
disturbances; all were released shortly afterwards, but some complained 
of mistreatment by police under the command of Colonel Eduardo Wayar. 
At year's end, several investigations were underway to determine 
responsibility in the various incidents.
    On January 22, in Cochabamba, 67-year-old Filomena Soliz Terceros 
was allegedly struck on the head by a tear gas canister fired by police 
during a violent demonstration. Soliz apparently fled into the market 
during the confusion, where she was struck by a projectile and rendered 
unconscious. She was evacuated to Viedma hospital where she died on 
January 27. Authorities investigated the case and concluded that her 
death was accidental.
    On January 29, in Sinahota, Chapare, FEC soldiers led by army 
Colonel Aurelio Burgos Blacutt confronted a group of cocalero 
demonstrators attempting to block the strategic Cochabamba-Santa Cruz 
highway. According to reports, the FEC soldiers tried to disperse the 
crowd by firing shots into the air. Other accounts state that the group 
had just completed an uneventful march and were resting and chewing 
coca leaves when the soldiers fired into the crowd and attacked them 
without warning. According to some witnesses, Burgos aimed and fired 
his sidearm directly at Marcos Ortiz Llanos, who died shortly after 
being evacuated to Villa Tunari hospital. The witnesses also claimed 
that Burgos beat them as they tried to render assistance to the 
stricken Ortiz. The military investigated the shooting and exonerated 
Burgos, concluding that the officer found Ortiz already wounded and 
only gestured at him with his pistol while giving orders. The military 
reported testing Burgos' weapon and determined that it had not been 
recently fired, although it was not clear whether ballistics tests were 
conducted. The Attorney General's office opened a parallel 
investigation into the case but concluded that there was insufficient 
evidence to bring charges against Colonel Burgos.
    On February 5, in Sinahota, Roberto Vargas Villareal died of 
cardiac arrest following his participation in a peaceful demonstration. 
According to his family, Vargas was exposed to large quantities of tear 
gas the previous day in Cochabamba during violent demonstrations. Some 
individuals charged that the exposure to tear gas caused Vargas' death; 
however, no medical examination corroborated their contention.
    On February 7, Segindina Ichuta Mamani was struck on the head by a 
rock as she traveled in an open truck along the Cochabamba to Oruro 
highway. She died shortly afterwards from the injury in Oruro's General 
Hospital. Although it was not established who threw the rock, some 
individuals blamed Ichuta's death on the violence surrounding the 
earlier police crackdown in Sacaba.
    On October 6, near Ichoa Alto in the Chapare, a group of 
approximately 300 cocaleros armed with stones and dynamite sticks 
surrounded and harassed a Joint Eradication Task Force (FTC) group 
engaged in coca plant eradication. The FTC security unit fired shots, 
and cocalero Gabino Toledo was killed, and two others, Erasmo Aguirre 
Aguirre and Diogenes Melgarejo Candia, were wounded. Cocaleros 
reportedly did not allow officials access to Toledo's body for 
examination. The cocaleros later pulled a nearby UMOPAR police officer 
from his car, beat and then released him, and burned the vehicle. An 
investigation determined that the police acted in self-defense; no one 
was charged in the beating of the UMOPAR police officer.
    There were several deaths due to violence in the prisons during the 
year (see Section 1.c.).
    In September approximately 1 year after the shooting death of Ramon 
Perez, policeman Macarlo Wilfredo Beltran was tried, convicted of 
``negligent and imprudent'' homicide, and sentenced. Perez was killed 
when security forces fired shots at a group of protesters attempting to 
occupy a camp for coca eradication workers near Loma Alta in the 
Chapare. The judge who convicted Beltran suspended his 3-year jail 
sentence under light conditions and restrictions.
    In December 2001, FEC soldier Juan Eladio Bora shot and killed 
Casimiro Huanca Coloque, a leader in the Chimore Coca Growers 
Federation, during a confrontation between the FEC and cocalero 
protesters seeking to block the Cochabamba-Santa Cruz highway. A second 
protester, Fructuoso Herbas, was shot in the shin, resulting in the 
amputation of his leg. A military court determined that security forces 
acted in self-defense, and it did not charge Eladio Bora. However, the 
court sanctioned his commanding officer, Lieutenant Heriberto Ramos 
Salazar, with a 72-hour house arrest for failure to maintain 
discipline. A separate civilian investigation by the Public Ministry 
similarly concluded that there was insufficient evidence to charge 
Eladio Bora.
    In the case of Richard Cordoba, who died in February 2001 as a 
result of asphyxiation through hanging while in police custody in 
Cochabamba, the PTJ investigated, and the authorities charged at least 
five police officers in the death. The trial was in its final phase at 
year's end, and a verdict was imminent.
    There was no progress in the November 2001 killing of 3 protesters 
(Maximo Rojas, Abel Orozco, and Claudio Quiroga Herrera) and injury of 
more than 13 others in violent clashes with security forces near Senda 
Seis in the Chapare. According to the Government, a crowd of 
demonstrators formed around security forces; the security forces first 
fired warning shots and then, following training doctrine, fired at the 
feet of the protesters. The Government theorized that several bullets 
may have ricocheted and struck the demonstrators, causing the deaths 
and injuries. Human rights organizations disputed the Government's 
version of events, but public prosecutors concluded there was 
insufficient evidence to charge any members of the security forces, and 
no further action appeared likely.
    In October 2001, Nilda Escobar Aguilar was killed near Los Amigos, 
Central Isarzama in the Chapare, when she was struck in the head by a 
tear gas canister during a clash between demonstrators and security 
forces. The Attorney General's office continued to investigate his case 
after receiving new information.
    In connection with the November 2001 deaths of 7 persons and 
injuries to 20 others in clashes between landless peasants and small 
landowners in Pananti near Yacuiba, the authorities arrested nine 
campesinos and eight landowners. In November a court in Tarija 
convicted the landowner defendants of ``brawls and fighting,'' and the 
judge suspended their 3-year sentences. A separate trial was scheduled 
for the campesino defendants under the new oral arguments trial system. 
Dissatisfied with the trial results and the Attorney General's 
investigation, the NGO Permanent Assembly for Human Rights in Bolivia 
(APDHB) referred the case to the Inter-American Commission on Human 
Rights.
    In December 2001, security forces and squatters clashed near 
Yapacani, a town near the Chapare, reportedly resulting in injuries to 
a number of police and squatters, and the gunshot death of one 
civilian, Jose Luis Velazquez. Local police reportedly said that they 
were attacked while attempting to lift a blockade, but a relative said 
Velazquez was not involved in the protests. There were no further 
developments in the case, and none appears likely.
    The military justice system closed the April 2000 case against 
Captain Robinson Iriarte Lafuente, who was videotaped in civilian 
clothes kneeling alongside troops and firing a rifle during the April 
2000 disturbances in Cochabamba.
    There was no progress in the case of Miguel Angel Rivero Siles, who 
died in 1999 from severe burns suffered in a solitary confinement cell 
at San Sebastian prison in Cochabamba. Charges against police at the 
prison remained pending at year's end.
    The 1999 case of Carlos Freddy Cano Lopez, who died of burns after 
his arrest, continued to work through the court under the old trial 
system. Cano's widow continued to press charges against policeman 
Carlos Balderrama and others implicated in the case. At year's end, the 
Attorney General's office reported that the trial was in its final 
stage.
    There was no progress in the 1998 case of five civilian deaths in 
the Chapare and further progress appeared unlikely.
    There was no progress in the 1996 cases against officers accused of 
responsibility for violence in countering a protest that resulted in 
civilian deaths in Amayapampa areas of Potosi Department, and none 
appeared likely. In December the Attorney General closed cases against 
then-President Gonzalo Sanchez de Lozada and other senior officials for 
their alleged involvement in the cases.
    The Government's delay in completing effective investigations and 
identifying and punishing those responsible for either civilian or 
security force deaths resulted in a perception of impunity. However, 
the Congressional Human Rights Committee, the Ombudsman's office, the 
Ministry of Justice and Human Rights, and NGOs continued to press the 
Government to expedite action in the cases.
    There were reports of killings of government security forces by 
nongovernmental actors. On January 17, during violent confrontations in 
Sacaba, 4 members of the security forces were killed and approximately 
60 more were injured in the days after the demonstrations. Army 
conscripts Waldo Cartagena and Humberto Pinaya died from gunshot wounds 
fired by snipers, and policeman Antonio Gutierrez and Army Second 
Lieutenant Marcelo Trujillo Aranda died of strangulation and trauma to 
the head. Their bodies showed signs of torture and appeared to have 
been severely beaten by rocks and dragged approximately 2 miles to 
where they were killed. The Government believed that illegal coca 
growers were responsible for the four deaths, and investigations 
continued at year's end.
    On October 4, in Majo, south of Chimore, Marine conscript and FTC 
member Robin Huanacoma was critically wounded when he triggered a 
buried explosive booby trap while eradicating illegal coca plants. 
Huanacoma was evacuated to a hospital in Santa Cruz where he died a few 
hours later. Authorities suspected militant cocaleros of planting the 
device and confirmed that some cocaleros received special training on 
the handling of firearms and the fabrication of homemade mines from 
individuals opposed to eradication. The case was under investigation at 
year's end, but it appeared unlikely that those responsible would be 
identified.
    There was no progress in the investigation of the 2000 killings of 
four security officials and the spouse of one security official who 
disappeared in the Chapare during violent disturbances and were later 
found tortured and killed. Another security official was still missing 
and presumed dead. The Government believes that illegal coca growers 
were responsible for the deaths of the security officials, but it 
appeared unlikely that evidence would be found to prosecute a case.
    On November 17, at Sindicato Los Yukis, near Yapacani, 
approximately 30 armed and hooded men invaded a building of the 
Federation of Colonizers and shot and killed campesino Luciano Jaldin 
Fermin. A week later, the bodies of three other men (Ricardo Rojas 
Caravallo, Martin Condori, and Wilber Nunez Flores) were found nearby 
in the jungle; autopsies revealed signs of torture and strangulation. A 
local landowner was suspected of hiring the gunmen who killed Jaldin; 
however, responsibility for the killings of the other individuals 
remained unclear, and the Attorney General's office was investigating 
the cases at year's end.
    There were several reported cases of alleged criminals lynched or 
burned by civilians, sometimes resulting in death, for their alleged 
crimes.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    On December 10, the President submitted a bill to Congress that 
would make disappearance a crime punishable by up to 30 years in 
prison.
    The case of Juan Carlos Trujillo Oroza, who disappeared during the 
1971-78 de facto regime of President Hugo Banzer, was reopened pursuant 
to a November 2001 ruling of the Constitutional Tribunal, but further 
developments appeared unlikely.
    The death in mid-year of Hugo Banzer ended any further action on 
the December 2001 international arrest warrant that an Argentine judge 
had filed for the former president to face legal proceedings in 
Argentina for his alleged role in ``Plan Condor'' in the mid-1970s.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, and the 
Government generally respected these provisions; however, there were a 
number of allegations of torture, beatings, and abuse by members of the 
security forces.
    Security forces clashed with demonstrators on several occasions 
during the year, resulting in the deaths of five demonstrators and 
dozens of injuries (see Sections 1.a. and 2.b.). In January dozens of 
protesters were injured during clashes between violent demonstrators 
and government security forces in Sacaba. At least some of the injuries 
were attributed to rubber bullets used by the security forces. 
Investigations into these incidents were pending at year's end.
    There were allegations that security officials beat cocalero 
leaders whom they detained in Sacaba during the January disturbances 
and that they beat other civilians to try to learn the names of those 
responsible for security officers' deaths. At year's end, the Public 
Ministry continued investigating the allegations to determine the 
security units and commanders involved.
    There also were credible allegations that military commissioned and 
noncommissioned officers beat and otherwise mistreated military 
conscripts. For example, Colonel Rory Barrientos, the Commander of the 
2nd Ecological Battalion, allegedly beat conscripts in four separate 
incidents but reportedly was only lightly sanctioned by the military. 
In October the Permanent Assembly for Human Rights (APDH) sought 
charges against Barrientos in a civil court, and the Human Rights 
Ombudsman's office began an investigation into his actions. Barrientos 
was suspended from duty and received unspecified sanctions from a 
military court.
    On November 10, in Cochabamba, army Major Luis Fernando Garcia, in 
an apparently inebriated state, shot and wounded Jose Luis Alvarez, 
whom Garcia may have misidentified for an assailant who had accosted 
him earlier. Police arrested Garcia, who remained in jail at year's end 
awaiting trial.
    Pursuant to agreements with the Human Rights Ombudsman's office and 
the Ministry of Justice and Human Rights, the Armed Forces between 
1999-2002 provided human rights training for 1,110 instructors and 
approximately 30,000 recruits.
    Several police officers were fired and charged for off-duty crimes, 
and a number were dismissed for corruption. However, the police 
generally did not investigate their own colleagues, and prosecutors 
were reluctant to prosecute security officials for alleged offenses 
committed while on duty. The FELCN internal affairs unit investigates 
allegations against FELCN officers of malfeasance, wrongdoing, and 
human rights abuses.
    Approximately 6,000 FELCN members, PTJ members, lawyers, law 
students, prosecutors, judges, and NGO representatives received 
training on the new Code of Criminal Procedures over the last 3 years. 
During the year, policemen and military officers received crowd control 
training that emphasized respect for human rights and internationally 
accepted principles of crowd control. FELCN officers also received 
training over the last 3 years on human rights issues incorporated in 
general counternarcotics training. Basic FELCN and UMOPAR training 
includes a human rights module.
    Indigenous communities in areas with little or no central 
government presence imposed punishment that reportedly included the 
death penalty for members who violated traditional laws or rules, 
although the Constitution prohibits the death penalty.
    In attacks on government security forces and coca eradication 
crews, militant cocaleros killed five members of the security forces 
and injured more than 70 others.
    On September 3, near Guadalupe in the Chapare, approximately 70 
cocaleros armed with weapons and dynamite confronted a FTC group 
preparing to eradicate coca plants. Police fired tear gas to disperse 
the crowd. In the ensuing skirmish, Fructuoso Apaza struck armed 
policeman Silverio Chinchi Plata with a machete on the head and 
shoulder, severely wounding him. The policeman was evacuated to a 
hospital in Santa Cruz. Apaza, who suffered broken ribs during his 
arrest, was charged with attempted murder; at year's end, he was free 
on bail while the case remained under investigation.
    On October 19, near Alto San Pablo in the Chapare, Army conscript 
Jose Luis Aramayo suffered leg and abdomen injuries when his pick 
struck a booby trap while he and his JTF companions were eradicating 
coca. The JTF commander said that 12 such homemade mines were found and 
deactivated in the area in previous weeks. Officials suspected 
cocaleros of planting the devices, but it appeared unlikely that those 
responsible would be found.
    On November 16, during routine eradication activities, four Navy 
members of the Joint Eradication Task Force were injured when a booby 
trap exploded at an eradication site near San Pablo, south of Chimore. 
Injuries to three of the eradicators (Armando Arteaga, 19, Aurleio 
Sejas Soliz, 18, and Edilberto Gonzales Teran, 22) were relatively 
minor, and they were treated at the eradication camp. The fourth, Juan 
Marcelo Chicoba, 22, was injured more seriously and was evacuated to 
Santa Cruz where he was treated and later discharged. Following the 
incident, UMOPAR commander Hernan Capriolo said that 25 booby traps had 
been deactivated in the area during the preceding 15 days. The Ministry 
of government also said that some peasants in the Chapare had received 
training by individuals opposed to anti-drug efforts, in the handling 
of firearms and the fabrication of booby-traps.
    Prison conditions were harsh. Prisons were overcrowded and in poor 
condition. With the exception of the maximum-security prison of 
Chonchocoro in El Alto, government authorities effectively controlled 
only the outer security perimeter of each prison. Inside prison walls, 
prisoners usually were in control. Violence between prisoners and, in 
some cases, the involvement of prison officials in violence against 
prisoners were problems. Corruption was a problem among low-ranking and 
poorly paid guards and prison wardens. Detention centers, which are 
supposed to house the accused prior to the completion of their trials 
and sentencing (if convicted), also were overcrowded. Convicted 
criminals often were housed in detention centers on a judge's orders 
because of overcrowding in the larger prisons.
    According to the Director General of the Penal System in the 
Ministry of government, as of December, there were 5,535 prisoners in 
facilities designed to hold 4,700 prisoners. Nearly 90 percent of 
prisoners (almost 90 percent of them men) were held in prisons in the 
major cities. The majority of all prisoners were held for narcotics 
crimes. The Pardon and Extraordinary Freedom Jubilee 2000 Law, as 
amended, reduced the overcrowding. The law pardoned prisoners under the 
age of 21 or over the age of 60; reduced felony sentences by one-third 
for all prisoners sentenced prior to August 2000; and pardoned 
prisoners who are parents of minor children and have completed at least 
50 percent of their sentences. Reductions in felony sentences were not 
extended to prisoners convicted of murder, parricide, or treason, nor 
to most prisoners convicted of terrorism, rape, or narcotics 
trafficking. In addition, prisoners who were convicted of murder, rape, 
kidnaping, terrorism, or narcotics crimes and sentenced to more than 10 
years in jail were not eligible for the benefits given to prisoners 
under age 21 or over age 60, or to parents of minor children.
    A prisoner's wealth can determine cell size, visiting privileges, 
day-pass eligibility, and place or length of confinement. Cell prices 
ranged from $17 to $4,340 (130 to 32,500 bolivianos), paid to prior 
occupants or to prisoners who control cell blocks. For example, in the 
poorest parts of San Pedro prison in La Paz, inmates occupy tiny cells 
(3 by 4 by 6 feet) with no ventilation, lighting, or beds. Crowding in 
some ``low-rent'' sections obliges inmates to sleep sitting up. 
Although only children up to 6 years old are supposed to live with an 
incarcerated parent, children as old as age 12 live with their fathers 
in San Pedro prison. According to the Director General, in December 
there were 803 children living with a parent in prison. If such 
children have nowhere else to go, the Government considers it more 
humane to support them in prison than to leave them homeless. The 
standard prison diet can cause anemia. The Government budgets only 
$0.30 (2 bolivianos) per prisoner per day for food, and prisoners who 
can afford to supplement the standard prison diet by buying food do so. 
There was no adequate health care within the prisons, and it was 
difficult for prisoners to get permission for outside medical 
treatment. However, affluent prisoners can obtain transfers to 
preferred prisons or even to outside private institutional care for 
``medical'' reasons. Drugs and alcohol were readily available for those 
inmates who can pay.
    There was no progress, and none appeared likely in the following 
prison death cases: The March 2001 hanging of Jose Valentin Mujica at 
the maximum security San Pedro de Chonchocoro prison near La Paz; the 
June 2001 killing of three prisoners at Palmasola prison in Santa Cruz 
resulting from violence among inmates; the 2000 hanging of Brazilian 
prisoner Mustafa Samir and shooting of Peruvians Omar Casis and Renaldo 
Montesinos at San Pedro de Chonchocoro prison.
    There are separate prisons for women; conditions for female inmates 
were similar to those for men. However, overcrowding at the San 
Sebastian women's prison in Cochabamba was worse than in most prisons 
for men.
    Convicted juvenile prisoners were not segregated from adult 
prisoners in jails. Rehabilitation programs for juveniles or other 
prisoners were scarce to nonexistent. The Government acknowledged these 
problems but did not budget sufficient resources to correct them.
    The Government permits prison visits by independent human rights 
observers and news media representatives.

    d. Arbitrary Arrest, Detention, or Exile.--There were some 
instances of arbitrary arrest and detention. Arrests were carried out 
openly. The new CCP requires an arrest warrant, and the police must 
inform the prosecutor of the arrest within 8 hours. The prosecutor 
within 16 hours then must have the detainee released under bail or ask 
a court to continue to hold the detainee in jail until trial. A 
detainee may not be held for more than 24 hours without court approval. 
However, there were credible reports that these legal safeguards were 
violated in some cases.
    Denial of justice through prolonged detention remained a serious 
ongoing problem, although this began to change with the full 
implementation in 2001 of the new CCP that provides that a detainee 
cannot be held for longer than 18 months awaiting trial and sentencing 
(see Section 1.e.). If the process is not completed in 18 months, the 
detainee may request his release by a judge. However, judicial 
corruption, a shortage of public defenders, inadequate case-tracking 
mechanisms, and complex criminal justice procedures keep persons 
incarcerated for months, or even years, before trial. The Constitution 
provides for judicial determination of the legality of detention. 
Prisoners are released if a judge rules detention illegal, but the 
process can take months. Prisoners may see a lawyer, but approximately 
70 percent cannot afford legal counsel, and public defenders were 
overburdened (see Section 1.e.).
    A 2001 report of the U.N. Committee Against Torture estimated that 
two-thirds of the prison population were waiting for the processing of 
their cases to be finished.
    The Government continued to address the problem of delay of justice 
by implementing the 1994 constitutional reforms to streamline the 
judicial system and by taking measures to correct other deficiencies as 
they come to light. Most prisoners still awaited either trial or 
sentencing, but under the CCP the courts had begun to provide release 
on bail for some prisoners. Judges still have the authority to order 
preventive detention for suspects under arrest deemed to be a flight 
risk or for obstruction of justice. If a suspect is not detained, a 
judge may order significant restrictions on a suspect's travel.
    Children from 11 to 16 years of age can be detained indefinitely in 
children's centers for known or suspected offenses, or for their 
protection, simply on the orders of a social worker. There is no 
judicial review of such orders.
    The 1997 detention case of Waldo Albarracin, President of the APDH, 
continued to move slowly through the judicial system. The authorities 
had yet to take any action regarding the four police officials accused 
of abducting Albarracin; although legal cases against two policemen 
remained pending at year's end, further action was unlikely.
    The Constitution prohibits forced exile of citizens, and the 
Government did not employ it.

    e. Denial of Fair Public Trial.--The judiciary was generally 
independent; however, corruption and inefficiency in the judicial 
system remained major problems. Poor pay and working conditions made 
judges and prosecutors susceptible to bribes.
    The judicial system has three levels of courts: Trial Court, 
Superior Court, and the Supreme Court or Constitutional Tribunal 
appellate review. The Supreme Court hears appeals in general, while the 
Constitutional Tribunal only hears appeals on constitutional issues.
    With the full implementation in 2001 of the CCP, the criminal 
justice system changed from essentially a closed, written system to a 
system of transparent oral trials. The earlier system made it difficult 
for poor, illiterate persons to have effective access to courts and 
legal redress and gave rise to lengthy judicial processes and prolonged 
pretrial incarcerations (see Section 1.d.). The CCP specifically 
addresses this problem by requiring that no pretrial detention exceed 
18 months. In cases in which a sentence has been issued, but the case 
is being appealed, the maximum period of detention is 24 months.
    The 2001 Public Ministry Law provides that the prosecutor, instead 
of the judge, is in charge of the investigative stage of a case. The 
prosecutor instructs the police, from the perspective of a legal 
practitioner, as to what witness statements and evidence are needed to 
prosecute the case. Counternarcotics prosecutors lead the investigation 
of narcotics cases. During its first stage, the prosecutor tries the 
case before a judge of instruction if it is a misdemeanor case (which 
carries a possible sentence of less than 4 years), or before sentencing 
courts that include three citizen judges (jurors) and two professional 
judges for felony cases (possible sentence of 4 years or more).
    The superior court review is restricted to a review of the 
application of the law. Supreme Court review, the third stage, is 
restricted to cases involving exceptional circumstances. During the 
superior court and Supreme Court reviews, the courts may confirm, 
reduce, increase, or annul sentences, or provide alternatives not 
contemplated in lower courts.
    Defendants have constitutional rights to a presumption of 
innocence, to remain silent, to have an attorney, to confront 
witnesses, to present evidence on their own behalf, to due process, and 
to appeal judicial decisions. In practice almost none of these rights 
have been protected systematically, although the implementation of the 
CCP facilitated more efficient investigations, transparent oral trials, 
and credible verdicts.
    The law provides for a defense attorney at public expense if 
needed; however, one was not always promptly available. There were 
approximately 167 public defenders, legal assistants, and social 
workers nationwide. The public defender program also provides 
information about human rights to citizens and seeks to involve public 
defenders in arrest cases at the earliest possible juncture to ensure 
that human rights and due process are honored. Mobile public defenders 
who travel to the more remote parts of the country had some positive 
effect; however, public defenders remained overburdened.
    The CCP also recognizes the conflict resolution traditions of 
indigenous communities, but not the imposition of the death penalty 
(see Section 1.c.).
    The Judicial Council oversees the disciplinary aspects of the 
judicial process and provides an impartial body to review the actions 
of judges. Its powers include the authority to conduct administrative 
investigations and to censure for malpractice judges at all levels 
found culpable of malfeasance; however, the dismissal of a superior 
court or higher level judge requires a final judgment and sentence of 
conviction in a criminal case tried before the Supreme Court. The 
Council may suspend without pay, for up to 13 months, judges against 
whom a criminal charge has been filed or against whom a disciplinary 
process has been initiated. At year's end, legislation remained pending 
to give the Council the power to effect suspension of up to 3 years or 
specifically to establish the Council's power to dismiss judges found 
guilty of malpractice by the Council.
    The military justice system generally was susceptible to senior-
level influence and corruption and avoided rulings that would embarrass 
the military. When a military member is accused of a crime related to 
his military service, the commander of the affected unit assigns an 
officer to conduct an inquiry and prepare a report of the findings. The 
results of the findings are forwarded to a judicial advisor--usually at 
the division level--who then recommends a finding of either innocence 
or guilt. For minor infractions, the advisor may recommend sanctions 
such as house arrest or loss of time-in-grade (which delays promotions 
and affects future assignments). For major infractions, the case is 
forwarded to a military court (the permanent tribunal for cases 
involving enlisted members and officers below the rank of general/
admiral and the supreme tribunal for generals/admirals and appeals of 
cases from the permanent tribunal). General officers head both 
tribunals. For the permanent tribunal, a judge advocate of war (usually 
a civilian lawyer) reviews the findings of the advisor and may change 
the recommendations of the advisor. The permanent tribunal usually 
accepts the recommendations of the judge advocate of war. Authorities 
recognize conflicts over military and civilian jurisdiction in certain 
cases involving human rights. An inter-ministerial commission, headed 
by the Ministry of Justice and Human Rights, was charged to prepare 
legislation to address these conflicts as well as to incorporate 
various international human rights agreements into domestic law.
    There were no reports of political prisoners.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the sanctity of the home 
and the privacy of citizens; however, while the authorities generally 
respected these provisions, there were credible allegations of security 
forces involved in thefts of property. Residents in the coca-growing 
areas generally were reluctant to file and pursue formal complaints.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution provides for the 
right to express ideas and opinions freely by any means of 
dissemination; however, there were some limitations on freedom of 
speech. Newspapers were privately owned and frequently adopted 
antigovernment positions. State-owned and private radio and television 
stations generally operated freely. In January the Government briefly 
closed the Chapare's ``Radio Soberania,'' a forum for cocalero leader 
and then-presidential candidate Evo Morales. Although it lacked proper 
permits, engaged in tendentious speech, and broadcast instructions to 
cocaleros on where to gather for rallies and roadblocks, the station 
continued to operate freely.
    The Penal Code provides that persons found guilty of insulting, 
defaming, or slandering public officials for carrying out their duties 
may be jailed from 1 month to 2 years. If the insults are directed 
against the President, Vice President, or a minister, the sentence may 
be increased by one-half.
    Press associations criticized the Government for the death in 
September 2001 of a civilian who was accompanying journalists as they 
approached an eradication camp near Loma Alta in the Chapare (see 
Section 1.a.). They also called for the Government to provide for 
protection and freedom of movement in the Chapare, where illegal coca 
growers often block roads (see Section 2.d.).
    The 40-person La Paz Press Tribunal, an independent body, is 
authorized to evaluate journalists' practices that are alleged to 
violate either the Constitution or citizens' rights. The Government 
prohibited the importation of pornographic books, magazines, and 
artwork, but it did not block Internet sources.
    The Government did not restrict academic freedom, and the law 
grants public universities autonomous status.

    b. Freedom of Peaceful Assembly and Association.--The law provides 
for the right of peaceful assembly, and the authorities generally 
respected this right in practice; however, security forces killed five 
persons and injured others during violent protests during the year (see 
Sections 1.a. and 1.c.). The Government routinely granted permits for 
marches and rallies. There were numerous demonstrations throughout the 
year; in some cases protesters blocked roads, and on several occasions 
protesters became violent. The authorities generally tried to avoid 
confronting demonstrators, and frequent marches in downtown La Paz 
caused chronic traffic congestion and inconvenience for citizens. 
However, security forces clashed with union and other demonstrators on 
several occasions during the year. The authorities intervened only when 
rallies became violent or interfered substantially with normal civic 
activity. The police regularly used tear gas and other forms of crowd 
control.
    The law provides for freedom of association, and the authorities 
generally respected this right in practice. The Government requires 
nongovernmental organizations (NGOs) to register with the appropriate 
departmental government, and authorities granted such registration 
routinely and objectively.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. Roman Catholicism predominates, and the Constitution 
recognizes it as the official religion. The Roman Catholic Church 
received support from the State (about 300 priests receive small 
stipends) and exercised a limited degree of political influence.
    Non-Catholic religious organizations, including missionary groups, 
must register with the Ministry of Foreign Affairs and Worship and 
receive authorization for legal religious representation. The Ministry 
is not allowed to deny registration based on an organization's articles 
of faith, but the legal process can be time-consuming and expensive, 
leading some groups to forgo registration and operate informally 
without certain tax and customs benefits. Most registered religious 
groups were identified as Protestant or ``evangelical.''
    In 2000 then-President Banzer signed a Supreme Decree governing the 
relationships between religious organizations and the Government. The 
decree, reflecting input from religious groups, was designed to 
increase transparency and dialog in church-state 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 for these 
rights, and the Government generally respected them in practice. The 
law permits emigration and provides for the right to return. The 
Government does not revoke citizenship for political or other reasons.
    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 office of the U.N. High 
Commissioner for Refugees and other humanitarian organizations in 
assisting refugees.
    The Government accepted eight refugees during the year. The total 
number of registered refugees, according to UNHCR, was 351. The issue 
of the provision of first asylum did not arise during the year.
    There were no reports of persons forced to return to a country 
where they feared persecution.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. Political parties ranging from far left to moderate 
right functioned openly. Implementing regulations for the 1994 
constitutional revisions specify that half of the congressional 
deputies be elected individually and directly, rather than from party 
lists. On August 6, President Gonzalo Sanchez de Lozada of the centrist 
Nationalist Revolutionary Movement assumed the presidency (succeeding 
Jorge Quiroga of the Nationalist Democratic Action Party) after he was 
elected in a joint session of the Bolivian Congress following the June 
30 national election. The MNR won a plurality but not a majority of the 
popular vote. A coalition of parties supported the MNR in the Joint 
Session vote, which is required when no candidate wins a majority of 
the popular vote. Although there were some allegations of vote-counting 
irregularities in the June elections, most observers, including a 
mission from the Organization of American States, concluded that the 
elections were free and fair. The governing coalition controlled both 
houses of the legislature, holding 17 of 27 seats in the Senate and 71 
of 130 seats in the Chamber of Deputies. Coalition members held the top 
leadership positions in both chambers. Elections for national offices 
and municipal governments are held every 5 years; the next national 
election is scheduled for June 2007.
    The National Electoral Court (CNE) and its lower departmental 
courts oversee the electoral process, including voter registration, 
tabulation, and certification of ballots. Pursuant to a July 2001 
mandate from Congress, the CNE selected new departmental electoral 
court judges and modified the Electoral Code so that head departmental 
electoral judges are selected by congressional vote.
    There are no legal impediments to women or indigenous people 
voting, holding political office, or rising to political leadership. 
The law requires that every third candidate on party candidate lists be 
female. In addition, every other candidate on municipal election 
ballots, beginning with the second candidate, must be a woman--a 
requirement that has increased female representation to approximately 
30 percent of municipal council positions. However, in 2000 there were 
reports that in some municipalities party leaders pressured 
councilwomen to resign in favor of their male substitutes, and women in 
three separate municipalities allegedly were threatened with death if 
they did not resign their positions. There were 28 women among the 157 
deputies and senators, 3 women among the 50 vice ministers, and 2 women 
in the 18-member Cabinet. There were no indigenous members of the 
Cabinet, and the number of indigenous members of the Chamber of 
Deputies was estimated at 35 percent--a figure difficult to confirm 
since designation as indigenous is self-declared.

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; however, NGOs 
and the Ombudsman complained that occasionally government security 
forces and government ministries refused to cooperate when NGOs or the 
Ombudsman were conducting investigations.
    The Human Rights Ombudsman is a position with a 5-year term 
established in the Constitution. The Ombudsman is chosen by Congress 
and is charged with providing oversight for the defense, promotion, and 
spread of human rights, specifically to defend citizens against abuses 
by the Government. The Human Rights Ombudsman, Ana Maria Romero de 
Campero, conducted numerous investigations and in September presented a 
comprehensive report to Congress that was critical of the Government. 
The report stated that for the fourth consecutive year the police force 
was the Government organization most often accused of human rights 
abuses. Indigenous people filed approximately 60 percent of all 
complaints received by the Ombudsman. The Congressional Human Rights 
Committee also investigated alleged human rights abuses in the Chapare.
    The Chimore Center for Justice and Human Rights (CCJHR) continued 
to be active in the Chapare region. It reported its findings to the 
Ministry of Justice and Human Rights, disseminated human rights 
information, accepted complaints of abuses committed, kept records and 
referred complaints to the Public Ministry. The CCJHR also houses a 
medical forensic expert and an investigative staff to review 
complaints.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution prohibits discrimination based on race, sex, 
language, political or other opinion, origin, or economic or social 
condition; however, there was significant discrimination against women, 
indigenous people, and the small Afro-Bolivian minority.

    Women.--Violence against women was a pervasive problem, but no 
system existed to record the incidence of cases. The Family Violence 
Units of the police handle crimes of domestic violence and physical or 
sexual abuse against women and children. The La Paz unit alone received 
1,212 complaints for the period January-July: 519 for physical 
violence, 178 for psychological violence and 56 for sexual violence. 
There was only one reported conviction under the Family Violence Law--a 
case in which a husband was sentenced to 8 years and 2 months for 
slashing his spouse. On November 25, Vice Minister for the Woman Martha 
Noya stated that 7 out of 10 women suffered psychological or physical 
violence in the home 3 to 5 times a year and that 3 of 10 women 
suffered a higher rate of abuse. The Family Violence Unit estimated 
that more than 53 percent of the victims do not take any action when 
exposed to domestic violence.
    Rape was also a serious but underreported problem. The Law on 
Domestic and Family Violence makes the rape of an adult victim a public 
crime; however, the victim must press charges, and only 3 percent of 
complaints received by the Public Ministry were for rape. The Law 
Against Sexual Violation criminalizes statutory rape, with penalties of 
10 to 20 years for the rape of a child under the age of 14, 2 to 6 
years for statutory rape of a person from 14 to 18 years of age, and 5 
to 20 years for forcible rape of a child or an adult. The CCP provides 
that crimes against adults included in previous laws on sex crimes can 
be made public crimes; however, the victim must press charges. Sexual 
crimes against minors automatically are considered public crimes. 
Public agencies stated that reports of abuse increased markedly as a 
result of these laws, as citizens became more aware of the problem and 
of the availability of help.
    Prostitution is legal for adults age 18 and older, and there were 
reports of trafficking in women for the purposes of prostitution and 
forced labor (see Section 6.f.).
    The CCP (see Section 1.e.) considers sexual harassment a civil 
crime. There were no statistics on the incidence of sexual harassment, 
but the problem generally was acknowledged to exist widely in the male-
oriented society.
    Legal services offices devoted to family and women's rights 
operated throughout the country. The Maternal and Infant Health 
Insurance Program provided health services, focused on maternal and 
infant health, to women of reproductive age and to children under the 
age of 5.
    Women generally do not enjoy a social status equal to that of men. 
Many women do not know their legal rights. Traditional prejudices and 
social conditions remained obstacles to advancement. In rural areas, 
for instance, traditional practices restricting land inheritance for 
women remained a problem. The Labor Code restricts the proportion of 
female staff in business to 45 percent of the workforce unless large 
groups of women are required in a particular enterprise; however, this 
restriction was not enforced actively. The minimum wage law treats men 
and women equally; however, women generally earned less than men did 
for equal work. Most women in urban areas worked in the informal 
economy and the services and trade sectors, including domestic service 
and micro-business, whereas in rural areas the vast majority of 
economically active women worked in agriculture. Young girls often left 
school early to work at home or in the economy. A 2000 UNDP study found 
that the literacy rate for women over the age of 15 was 79 percent 
compared with 92 percent for men. Although not effectively enforced, 
the national labor law limits women to a workday 1 hour shorter than 
that of men and prohibits them from working at night (see Section 
6.e.).

    Children.--The Government is aware of the need to provide legal and 
institutional infrastructure for the protection of children. There are 
seven Defender of Children and Adolescents offices to protect 
children's rights and interests. However, the Government did not give 
the situation of children sufficient political priority to improve 
conditions quickly and effectively.
    Although the law requires all children to complete at least 5 years 
of primary school, this requirement was enforced poorly, particularly 
in rural areas. The Ministry of Education and the World Bank estimated 
in 1997 that 26 percent of children graduated from high school. Girls 
had lower rates of school participation and higher dropout rates than 
boys.
    The National Institute of Statistics calculated in 1998 that 
approximately 24 percent of children less than 3 years old were 
chronically undernourished. A 1999 UNICEF report on infant mortality 
indicated that 85 of every 1,000 children died before the age of 5. 
Many children, particularly from rural areas, lack birth certificates 
and the identity documents they need to secure social benefits and 
protection. The Government developed but had not funded a plan to 
provide these documents free of charge.
    Physical and psychological abuse in the home was a serious problem. 
Corporal punishment and verbal abuse were common in schools.
    Child prostitution was a problem, particularly in urban areas and 
in the Chapare region. At least two NGOs, Fundacion La Paz and 
Q'Haruru, had active programs to combat child prostitution. The 
Government's plan to combat child labor included a campaign against 
child prostitution (see Section 6.d.).
    There were reports of children trafficked for forced labor to 
neighboring countries (see Section 6.f.).
    The Code for Boys, Girls, and Adolescents establishes the rights of 
children and adolescents; it also regulates adoptions and tightens 
protection against exploitative child labor and violence against 
children. However, resource constraints continued to impede full 
implementation of this law.
    Children from 11 to 16 years of age may be detained indefinitely in 
children's centers for known or suspected offenses, or for their own 
protection, simply on the orders of a social worker (see Section).
    Child labor was a serious problem (see Section 6.d.). In September 
the Government received $1.5 million (11.2 million bolivianos) for a 
project to combat child labor in the Department of Potosi.

    Persons with Disabilities.--The Law on Disabilities requires 
wheelchair access to all public and private buildings, duty free import 
of orthopedic devices, a 50 percent reduction in public transportation 
fares, and expanded teaching of sign language and Braille. A National 
Committee for Incapacitated Persons was mandated to oversee the law's 
enforcement, conduct studies, and to channel and supervise programs and 
donations for persons with disabilities; however, there was little 
information on its effectiveness. The electoral law requires 
accommodation for blind voters; however, in general there were no 
special services or infrastructure to accommodate persons with 
disabilities. A lack of adequate resources impeded full implementation 
of the law. Societal discrimination kept many persons with disabilities 
at home from an early age, limiting their integration into society.

    Indigenous Persons.--In the 2001 census, approximately 62 percent 
of the population over 15 years of age identified themselves as 
indigenous, primarily from the Quechua or Aymara groups. The Agrarian 
Reform Law provides for indigenous communities to have legal title to 
their communal lands and for individual farmers to have title to the 
land they work. The Government and indigenous leaders jointly developed 
provisions of this law. However, the issue of land, specifically the 
Agrarian Reform Law, was a continuing source of complaints and protests 
by indigenous people. Indigenous people complained that their 
territories were not defined legally or protected, and that outsiders 
exploited their resources.
    Indigenous groups have taken advantage of the Popular Participation 
Law to form municipalities that offer them greater opportunities for 
self-determination. The CCP recognizes the conflict resolution 
traditions of indigenous communities (see Section 1.e.).

    National/Racial/Ethnic Minorities.--There is societal 
discrimination against the small Afro-Bolivian minority. Afro-Bolivians 
generally remained at the low end of the socioeconomic scale, and faced 
severe disadvantages in health, life expectancy, education, income, 
literacy, and employment. The majority of the estimated 25,000 Afro-
Bolivians live in the Yungas region of the department of La Paz.

Section 6. Worker Rights

    a. The Right of Association.--The Constitution and the Labor Code 
provide that workers have the right to form trade unions; however, 
inefficient labor courts and inadequate government regulation at times 
limited the exercise of this right by workers. Workers may form a union 
in any private company of 20 or more employees; however, an estimated 
70 percent of workers were employed in micro or small enterprises with 
fewer than 20 employees. Moreover, labor leaders said that a section of 
the 1985 Economic Liberalization Decree, which eliminated the 
Government's role in authorizing worker dismissals had been exploited 
by the private sector to fire workers for organizing or to avoid paying 
severance benefits, although both actions remain illegal. Public sector 
workers also have the right to form a union. The Labor Code requires 
prior government authorization to establish a union and confirm its 
elected leadership, permits only one union per enterprise, and allows 
the Government to dissolve unions by administrative fiat. Following the 
1997 visit of an International Labor Organization (ILO) direct contacts 
mission, the Government agreed to amend its labor laws with respect to 
the powers of authorities to dissolve trade unions by administrative 
order and its power to supervise union affairs; however, it has not 
done so. The Government was not known to abuse this authority for 
political or other reasons and generally did not penalize workers for 
union activities.
    Because of the legal costs and time required to register new 
nongovernmental entities, almost all unions are affiliates of the 
Bolivian Labor Federation (COB). Less than one-half of the workers in 
the formal economy belong to unions, and employment in the formal 
economy itself has fallen markedly in recent decades to approximately 
30 percent of those employed. Several large groups of informal workers, 
including up to 50,000 ``cooperative'' miners, thousands of street 
vendors, and hundreds of thousands of poor indigenous farmers 
(campesinos) were loosely affiliated with the COB.
    In many respects, the country's labor laws and regulations are 
favorable to workers; however, many of the standards were ignored in 
practice.
    Unions were not free from influence by political parties, but many 
in organized labor increasingly rejected traditional political parties 
and supported movements seeking fundamental change in the economic and 
political system. Most parties have labor committees that attempted to 
influence union activity and also had party activists inside the 
unions.
    The law prohibits discrimination against union members and 
organizers. However, labor laws intended to protect workers' rights to 
freedom of association and to form and join trade unions are inadequate 
and fail to deter employers from retaliating against workers, nor does 
the law protect workers against acts of interference by employers. The 
Government agreed to amend these laws following an ILO direct contacts 
mission in 1997; however, the Government has failed to do so. 
Complaints of antiunion discrimination go to the National Labor Court, 
which can take a year or more to rule due to a significant backlog of 
cases. The court ruled in favor of discharged workers in some cases and 
successfully required their reinstatement. However, union leaders said 
that problems were often moot by the time the court ruled.
    The law allows unions to join international labor organizations. 
The COB worked with mainstream international labor organizations.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution and the Labor Code provide workers with the right to 
organize and bargain collectively. Collective bargaining, or voluntary 
direct negotiations between employers and workers without the 
participation of the Government, was limited. Most collective 
bargaining agreements are restricted to wages and exclude other 
conditions. The Labor Code requires unions to revert to government 
mediation before beginning a strike and employers to do likewise before 
initiating a lockout. The practice of direct employee-management 
negotiations in individual enterprises expanded, as the private 
sector's economic role expanded.
    There was limited major strike activity during the year, in part 
because attention was focused on national elections.
    The Labor Code bans strikes in public services, including banks and 
public markets; however, workers in the public sector frequently did 
strike, with strikes by teachers and health care workers the most 
common. Public sector employees have not been penalized for strike 
activities in recent years. Solidarity strikes are illegal, but the 
Government neither prosecuted nor imposed penalties in such cases.
    Labor law and practice in the seven special duty-free zones are the 
same as in the rest of the country.

    c. Prohibition of Forced or Bonded Labor.--The law prohibits forced 
or bonded labor, including by children; however, the practices of child 
apprenticeship and agricultural servitude by indigenous workers 
continued, as did some alleged individual cases of household workers 
effectively held captive by their employers (see Sections 5 and 6.d.). 
The ILO Committee of Experts reported that the abuses and lack of 
payment of wages constitute forced labor in the agriculture sector.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law prohibits all work for payment by children under 
the age of 14; however, in practice the Ministry of Labor generally did 
not enforce child labor laws, including those pertaining to the minimum 
age and maximum hours for child workers, school completion 
requirements, and health and safety conditions for children in the 
workplace. Child labor was a serious problem. The law prohibits a range 
of dangerous, immoral, and unhealthy work for minors under the age of 
18. Labor law permits apprenticeship for those 12 to 14 years old under 
various formal but poorly enforced restrictions, which have been 
criticized by the ILO and were considered by some to be tantamount to 
bondage (see Section 6.c.).
    Approximately one in every four children between the ages of 7 and 
14 was employed in some way. A 1999 ILO study estimated that 
approximately 70,000 children between the ages of 7 and 14 were working 
in cities and that approximately 300,000 children in the same age group 
were working in rural areas--usually to help provide for family 
subsistence--in uncontrolled and sometimes unhealthy conditions. The 
extreme poverty of many families dictated the involuntary employment of 
their children to survive.
    In April 2001, the Inter-Institutional Commission for the 
Progressive Elimination of Child Labor released a 10-year ``Plan for 
the Progressive Elimination of Child Labor'' to address financial, 
health, education, and other needs of children and to provide 
incentives for poor families to keep children in school, improve 
governmental enforcement of labor laws, and prevent the worst forms of 
child labor. However, the plan had little funding. The new 
administration endorsed the plan, and at year's end was completing 
plans to eliminate child labor in its worst forms, including in mining, 
sugar cane harvesting, and prostitution.
    In December the country completed ratification of ILO Convention 
182 on the worst forms of child labor.
    The Labor Ministry is responsible for enforcing child labor 
provisions but did not enforce them throughout the country. Urban 
children sold goods, shined shoes, and assisted transport operators. 
Rural children often worked with parents from an early age, generally 
in subsistence agriculture. Children generally were not employed in 
factories or formal businesses but, when employed, often worked the 
same hours as adults. Children also worked in mines and other dangerous 
occupations in the informal sector. Child prostitution was a growing 
problem (see Section 5).
    The NGO Defense of Children International criticized traffickers 
for using children under the age of 14 to transport drugs.
    The traditional practice of ``criadito'' service persisted in some 
parts of the country. Criaditos are indigenous children of both sexes, 
usually 10 to 12 years old, whom their parents indenture to middle- and 
upper-class families to perform household work in exchange for 
education, clothing, room, and board. Such work is illegal, and there 
are no controls over the benefits to, or treatment of, such children, 
who may become virtual slaves for the years of their indenture.

    e. Acceptable Conditions of Work.--The Government establishes the 
minimum wage for the public and private sectors by supreme decree 
following traditional negotiation with the COB, and the wage increased 
in January by almost 9 percent to approximately $57 (430 bolivianos) 
per month, plus bonuses and fringe benefits. The minimum wage did not 
provide a decent standard of living for a worker and family, and most 
formal sector workers earned more, although many informal sector 
workers earned less. Although the minimum wage fell below prevailing 
wages in most jobs, certain benefit calculations were pegged to it. The 
minimum wage did not cover members of the informal sector, who 
constituted the majority of the urban work force, nor did it cover 
farmers, who accounted for 30 percent of the working population.
    Although not effectively enforced, the law establishes an 8-hour 
workday and a maximum workweek of 48 hours, limits women to a workday 1 
hour shorter than that of men, and prohibits women from working at 
night (see Section 5). The Labor Ministry's Bureau of Occupational 
Safety has responsibility for protection of workers' health and safety, 
but relevant standards were enforced poorly. Many workers died due to 
unsafe conditions. With support from an international donor, the 
Government reestablished a national tripartite committee charged with 
monitoring and improving occupational safety and health standards. The 
Labor Ministry maintained a hot line for worker inquiries, complaints, 
and reports of unfair labor practices and unsafe working conditions.
    Working conditions in the mining sector were particularly poor. 
Although the State Mining Corporation has an office responsible for 
safety, many mines, often old and using antiquated equipment, were 
dangerous and unhealthy. In some mines operated as cooperatives, miners 
earned less than $3 (22 bolivianos) per 12-hour day. Miners in such 
cooperatives worked without respirators in mines where toxic gases and 
cancer-causing dusts abound; bought their own supplies, including 
dynamite; had no scheduled rest periods; and many worked underground 
for up to 24 hours continuously. There are no special provisions in the 
law defining when workers may remove themselves from dangerous 
situations. Unless the work contract covers this area, any worker who 
refuses to work based on the individual's judgment of excessively 
dangerous conditions may face dismissal.

    f. Trafficking in Persons.--The law prohibits trafficking in 
persons for the purpose of prostitution. There are no other laws that 
specifically address trafficking in persons, although many aspects of 
the problem are covered in other laws and in the Constitution. 
Trafficking in women and children was a problem.
    There were reports of domestic trafficking in women for the purpose 
of prostitution. NGOs expressed continued concern that women were 
trafficked for prostitution.
    There were credible reports that the country was a source of 
persons trafficked for forced labor in neighboring countries, 
especially Argentina, and to a lesser extent Chile and Brazil, although 
there were no reliable estimates available as to the extent of the 
problem. A small percentage of economic migrants received fraudulent 
information about prospective jobs in neighboring countries, which 
turned out to be forced labor under harsh conditions. Some of the fraud 
leading to involuntary servitude originated within the country.
    Women and adolescents, especially from indigenous ethnic groups in 
the altiplano (high plains) region, were more at risk of being 
trafficked. Victims generally were trafficked to Argentina to work in 
agriculture, factories, trades, and as domestic employees; to Chile to 
work as domestic employees; and to Brazil to work in factories and as 
domestic employees.
    The Government, including top immigration officials, did not 
facilitate, condone, or otherwise act complicitly in trafficking; 
however, individual low-ranking employees of various government 
agencies took bribes to allow various types of smuggling, including 
contraband and persons.
    The Immigration Service is primarily responsible for combating 
trafficking, with the assistance of the National Police when active law 
enforcement investigations are necessary. The Immigration Service has 
responsibility for all ports of entry/exit and border crossings. There 
is an interagency Minor's Committee to combat trafficking in 
adolescents for forced labor to neighboring countries. However, the 
Government did not commit the resources necessary to address this 
problem.
    The 1999 Law for the Protection of the Victims of Crimes Against 
Sexual Freedom specifically outlaws trafficking in persons for the 
purpose of prostitution and provides for sentences of up to 12 year's 
imprisonment. Heavier sentences are imposed if the victim is a minor. 
There are also laws prohibiting the falsification of government 
documents, such as passports, visas, and civil registry documents. In 
addition, the Penal Code prohibits slavery or an ``analogous state,'' 
and it is punishable with 2 to 8 years of imprisonment. The Government 
also cooperated with other governments to investigate and prosecute 
trafficking cases. There were no known prosecutions during the year. 
Several NGOs worked with vulnerable groups, providing assistance, 
incentives to education, and information about legal rights.
                               __________

                                 BRAZIL

    Brazil is a constitutional federal republic composed of 26 states 
and the Federal District. The federal legislative branch exercises 
authority independent of the executive branch. In October voters 
elected President Luiz Inacio Lula da Silva of the Workers Party (PT) 
to a 4-year term. The elections marked the fourth time since the end of 
military rule in 1985 that citizens freely chose their president and 
elected the legislative bodies in accordance with the 1988 
Constitution. All parties were able to compete on the basis of fair and 
equal procedures. The Constitution provides for an independent 
judiciary; however, it was often inefficient and, especially at the 
state level, subject to political and economic influences.
    The military was responsible for national defense and remained 
subject to effective civilian control, both in law and in practice. The 
federal police force was very small and primarily investigative. It 
played little role in routine law enforcement. Police forces fell 
primarily under the control of the states and were divided into two 
groups: The ``civil police'' were plain-clothes officers and had an 
investigative role, and the ``military police'' were uniformed police 
and were responsible for maintaining public order. Although the 
individual state governments controlled the military police, the 
Constitution provides that they can be called into active military 
service in the event of an emergency, and they maintained some military 
characteristics and privileges, including a separate judicial system. 
The state police forces committed numerous serious human rights abuses.
    The country had a market-based and diversified economy and a 
population of approximately 175 million. The Government, which 
traditionally played a dominant role in shaping economic development, 
encouraged greater private sector participation in the economy through 
privatization of state enterprises, deregulation, and removal of some 
impediments to competition, trade, and investment. Industrial 
production, including mining operations and a large and diversified 
capital goods sector, accounted for 34 percent of gross domestic 
product (GDP), agriculture contributed 8 percent, and services 
accounted for 58 percent. Exports consisted of both manufactured and 
primary goods. Per capita GDP was approximately $2,900 in 2001, and the 
economy grew by 1.5 percent. Income distribution remained highly 
skewed. The real average wage fell 10 percent from 1997 to 2001.
    The Federal government generally respected the human rights of its 
citizens; however, there continued to be numerous serious abuses, and 
the record of some state governments was poor. State police forces 
(both civil and military) committed many extrajudicial killings, 
tortured and beat suspects under interrogation, and arbitrarily 
arrested and detained persons. Police also were implicated in a variety 
of criminal activities, including killings for hire, death squad 
executions, extortion, kidnapings for ransom, and narcotics 
trafficking. Despite new powers to intervene in certain types of human 
rights cases granted in January, the federal police failed to act in 
the numerous human rights violations by state authorities. The 
Government established a national torture hot line for victims of 
torture, but it did not result in more convictions or a diminution of 
the problem.
    Government authorities often failed to prevent violence inside 
prisons. The state governments did not punish most perpetrators of 
these abuses effectively. The separate system of military police 
tribunals remained overloaded, rarely investigated cases thoroughly, 
seldom convicted abusers, and contributed to a climate of impunity for 
police officers involved in extrajudicial killings or abuse of 
prisoners. Prison conditions ranged from poor to extremely harsh. 
Prison officials often tortured and beat inmates. The judiciary had a 
large case backlog and often was unable to ensure the right to a fair 
and speedy trial. Justice remained slow and often unreliable, 
especially in regions where powerful economic interests influenced the 
local judiciary. Victims, particularly those who were suspected 
criminals, had difficulty in being heard by oversight bodies. 
Investigations of human rights abuses by police officials were often 
limited to internal police reviews and were not referred to the Office 
of the Public Prosecutor or other independent bodies for review.
    Police used excessive force to disperse demonstrators on several 
occasions, causing serious injuries. Human rights monitors on occasion 
faced threats and harassment. Violence and discrimination against 
women, and child prostitution and abuse, remained chronic problems. 
Government authorities often failed adequately to protect indigenous 
people from outsiders who encroached on their lands or to provide them 
with adequate health care and other basic services in many areas. 
Discrimination against Afro-Brazilians and violence against homosexuals 
were serious problems. Rural violence, including the killings of land 
reform and rural labor activists, persisted. Forced labor for adults 
and children continued. Trafficking in persons, particularly women and 
children for the purpose of prostitution, persisted. Brazil 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 National Human Rights Program focused on social, as well as 
cultural and economic, rights. Congress ratified into law a 
presidential decree giving the federal police authority to intervene at 
the state level in certain human rights cases and in kidnapings that 
were politically motivated, but the federal police did not use this 
authority.
                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary and Unlawful Deprivation of Life.--Extrajudicial 
killings committed by state police (military and civil) remained a 
serious problem throughout the country. Uniformed police summarily 
executed suspected criminals and then filed false reports that the 
deceased were resisting arrest. There were numerous killings by police. 
Statistics released by the Sao Paulo State Secretary for Security 
indicated that 610 people were killed during the year by Sao Paulo 
police (civil and military); statistics released by the Sao Paulo 
police ombudsman indicated that 825 people were killed by Sao Paulo 
police during the year. The ombudsman's figures included killings by 
off-duty police. In April 2001, the U.N. Special Rapporteur on Torture 
noted that torture by jail and prison officials often resulted in death 
(see Section 1.c.). Harsh prison conditions and prison riots continued 
to lead to the death of inmates (see Section 1.c.). Police also killed 
street children, indigenous persons, and labor activists (see Sections 
5 and 6.a.). Death squads and other criminal groups, many of which 
included police as members, committed other killings. Numerous credible 
reports indicated the involvement of state police officials in crime, 
including revenge killings and the intimidation and killing of 
witnesses involved in testifying against police officials (see Section 
1.e.). The authorities' failure to investigate, prosecute, and punish 
police who committed such acts perpetuated a climate of impunity that 
encouraged human rights abuses. Many persons continued to be killed in 
disputes over land ownership and usage.
    An April 2001 report by human rights organizations stated that law 
enforcement authorities summarily executed approximately 2,000 persons 
each year.
    According to the police ombudswoman in Rio de Janeiro, in the first 
9 months of the year, citizens registered complaints for 23 police 
homicides in the state, believed to be only a small fraction of the 
actual total of police homicides. A human rights nongovernmental 
organization (NGO) estimated that the number of police homicides during 
the first 9 months of the year exceeded the number officially reported 
for the same period of 2000 (312). The Rio de Janeiro State government 
halted release of data on police homicides after September 2000. 
Research conducted by the Institute for Religious Studies (ISER) in the 
mid-1990s suggested that during that period the level of police 
homicides was double the official number reported. The ISER report 
cited 40 cases in Rio de Janeiro that clearly demonstrated execution-
style deaths, in which police first immobilized the victims and then 
shot them at point-blank range. In 64 percent of the cases examined by 
ISER, the victims were shot in the back.
    In the first 4 months of the year, the Sao Paulo ombudsman received 
128 complaints of police homicide, 62 complaints of disciplinary 
infractions, and 44 complaints of poor service. According to the 
Ombudsman, in the first 6 months of the year, 73 cases of police abuse 
were presented to the Public Prosecutor, and action was taken on only 
12 of the cases. The Sao Paulo State Secretary for Security reported 
that Sao Paulo police on average killed 59 civilians monthly, a rate 33 
percent higher than in 2001, and the highest figure since statistics on 
police killings began to be kept in 1995; statistics released by the 
Sao Paulo police ombudsman indicated that the monthly average was 69. 
State Secretary of Security figures indicated that during the year 59 
Sao Paulo policemen were killed and 537 injured in the line of duty. 
According to a domestic NGO, international human rights observers, and 
diplomats, killing by police was a national problem, not limited to the 
largest cities or states.
    According to press reports, in February in Campo Grande, military 
police officer Guaracy Arede shot and killed Alessandra Luisa de 
Carvalho Marques who was riding with a friend in a passenger van. 
Arede, described as drunk, entered the vehicle and molested Carvalho 
Marques who then sought to exit the van. In front of numerous 
witnesses, Arede shot Carvalho Marques once in the head and once in the 
neck as she fled from the vehicle. Police arrested Arede, and the trial 
was pending at year's end.
    In February in Campos, Sao Paulo, highway patrolman Jose Vargas de 
Oliveira was accused of shooting to death a truck driver who wouldn't 
pay a ``tip.'' Oliveira was later arrested when he surrendered to the 
Federal Highway Police; there was no further information regarding 
action in the case.
    In February Rio de Janeiro taxi driver Sergio Luiz Couto was shot 
several times and killed the day before he was to give a deposition 
denouncing military police officials. Seven months prior to his death, 
Couto had been kidnaped by a team of public security officers who 
demanded a ransom of approximately $57,140 (200,000 reais). For his 
involvement in the kidnaping, police Major Dilo Pereira Soares Junior 
was imprisoned for 31 days. Couto's wife stated that her husband had 
received multiple threats from an officer with the military police 
prior to his murder. There was no indication of new developments in the 
case at year's end.
    On March 5, Sao Paulo police killed 12 members of the criminal 
faction and prison gang First Command of the Capital (known as the PCC) 
in a highway shootout. The police reportedly suspected that the group 
planned a prison break or robbery. Over 100 military police mounted a 
roadblock near the town of Sorocaba. The 17 suspects, traveling in 6 
different vehicles including a bus, opened fire and attempted to flee. 
Five suspects escaped but were later captured. The Sao Paulo police 
ombudsman's advisor stated that marks on the bodies indicated that 
excessive force had also been employed.
    Sao Paulo State Secretary of Public Security Saulo de Castro Abreu 
Filho expressed regret over the deaths but stated that this ``war 
operation'' was ``well carried out.'' However, Sao Paulo Vice Mayor 
Helio Bicudo--relying on the findings of an independent medical 
examiner--contended that the operation was ``an execution.'' Bicudo 
testified about the case before the Organization of American States' 
Inter-American Commission on Human Rights (IACHR) in October. In its 
response, the Government indicated that the facts of the case were 
still under investigation. The IACHR accepted the case for inquiry. The 
civil and military police each opened investigations into the case; by 
year's end, no determination had been made on whether to charge any 
police officials in connection with the incident.
    In April in Baixada Santista, Sao Paulo, military police killed 
five boys and a bar owner while searching for a youth who stole a 
sergeant's weapon. Witnesses asserted that the police entered a bar 
looking for the ``thief,'' then stole wallets and forced the patrons to 
lie on the floor. The bar owner refused and was shot twice and killed 
along with five youths who were also present.
    In May police antikidnaping investigators killed 56-year-old Jorge 
Jose Martins in his home in Campinas, Sao Paulo. Police claimed that 
Martins fired first, but Martins' family asserted that he was executed. 
The Sao Paulo police ombudsman endorsed the family's version and 
demanded an investigation. At year's end, a police officer had been 
charged but was free while the trial was pending. In the interim, the 
officer continued his duties and received a promotion.
    Lack of accountability and an inefficient criminal justice system 
allowed police impunity to continue. All crimes less serious than 
intentional homicide committed by uniformed police officers against 
civilians remained in the military justice system. Long delays allowed 
many cases to expire due to statutes of limitations (see Section 1.e.). 
In 2000 the military justice system processed 527 cases.
    The 1996 ``Bicudo'' Law provides civil courts with jurisdiction 
over serious crimes committed by uniformed police officers, allowing 
civil prosecutors to review the most egregious criminal cases while the 
police themselves review less prominent cases. According to human 
rights activists, the law had marginal success since it applies only to 
an intentional killing by police. Almost without exception, police 
investigators concluded that suspects were killed while resisting 
arrest, and thus the deaths were justified.
    The Sao Paulo police ombudsman convinced some judges to review more 
carefully the circumstances surrounding the deaths of civilians by 
police. During the year, the ombudsman appealed to judges to consider 
three factors: 1) the crime alleged, 2) the alleged resistance of the 
suspect to arrest, and 3) the possible crime committed by police in 
killing the suspect.
    In October the Sao Paulo police ombudsman protested the conclusion 
of an internal police investigation regarding the 2001 killing by five 
civil police of four individuals suspected of involvement in the murder 
of the mayor of Caraguatatuba, Sao Paulo. According to press reports, 
the policemen claimed they shot the suspects in self-defense while 
trying to arrest them. However, the ombudsman alleged that the 
investigation suggested the case should have been sent to a civilian 
prosecutor to review evidence of intentional homicide by the police. 
The ombudsman indicated he would review the case to ascertain whether 
the police actually executed the suspects. The case has been referred 
to the public prosecutor, and an investigation was opened; by year's 
end no determination had been made on whether to file charges against 
the policemen involved.
    In October the case of retired police Colonel Ubiratan Guimaraes--
the highest ranking policeman to face a civilian jury under the Bicudo 
law--was complicated when Guimaraes was elected to a 4-year term in the 
Sao Paulo State Legislative Assembly. Guimaraes had been convicted of 
murder in 2001 for his involvement in the 1992 Carandiru prison 
rebellion in which 111 prisoners were killed (see Section 1.c.). He was 
sentenced to a 632-year prison term, although under the Constitution 
his prison term would be limited to 30 years. Guimaraes appealed his 
conviction and was subsequently released pending resolution of the 
appeal. The other 85 officers accused of involvement in the Carandiru 
massacre were still awaiting trial. While the statute of limitations 
has expired for the charges of torture and beatings, the officers can 
still be tried for murder. All of the officers were free awaiting 
trial.
    In July the Sao Paulo press reported that the 40-member Group for 
Repression of Crimes of Intolerance (GRADI), a military police 
intelligence network directly subordinate to the Secretary of Public 
Security, had illegally recruited prisoners to infiltrate PCC cells on 
three separate occasions. In the 9 months between July 2001 and March 
2002, the 3 GRADI infiltration operations reportedly resulted in 7 
arrests and 22 deaths, including 1 informant. The dead informant, 22-
year-old Fernando Henrique Rodrigues Batista, was allegedly killed in 
July 2001 by the same police who recruited him.
    Human rights activists and some within the judiciary compared GRADI 
to the police ``death squads'' that operated in the 1970s. The police 
ombudsman reported that he had evidence linking 21 homicides to GRADI; 
so far no charges have been brought against GRADI officers. The Sao 
Paulo Public Prosecutor ordered an inquiry into these allegations, as 
did the Congress' Human Rights Commission; however, in an official 
statement, the Sao Paulo Secretary of Public Security defended GRADI's 
actions.
    In October in the coastal town of Garuja, two members of the Sao 
Paulo uniformed police were arrested for the October murders of two 
motorcyclists detained after a pursuit, 17-year-old Anderson do Carmo 
and 20-year-old Celso Giolelli Malgahaes Junior. An eyewitness reported 
that the policemen placed the youths in the back of their vehicle and 
drove away. The following morning, their bullet-ridden bodies were 
found in a garbage dump. Corporal Mauricio Miranda and Private Silvio 
Ricardo Monteiro Batista were arrested and were being tried for 
homicide; they remained in custody pending the conclusion of the case.
    As of November, no police officers were charged in the 2000 killing 
of a member of the Landless Movement (MST) during a confrontation 
between protesters and uniformed police in Curitiba, Parana. An 
internal police investigation concluded that the police had not 
committed a crime and that the police were justified in using their 
weapons in self-defense after the marchers failed to comply with an 
order to disperse.
    In 2000 the Sao Paulo Secretary of Security created a Special 
Commission to curb excessive use of police force and required police in 
Sao Paulo who kill a suspect to complete within 24 hours a detailed 
report explaining why lethal force was used. According to the Sao Paulo 
ombudsman, the police did not fully comply with this regulation: Many 
filed no report while others filed incomplete or inaccurate reports.
    Two military police were convicted in the August 2001 murder of 
Roberto Angelo de Souza in Canoas, Rio Grande do Sul. Each received the 
minimum penalty of 6 years' incarceration, and they were expelled from 
the police force.
    In the case of Thomas Feltes Engel, killed in Sao Leopoldo, Rio 
Grande do Sul, in September 2001, prosecutors were seeking the 
conviction of a military policeman for homicide.
    In the September 2001 case of two Sao Paulo military police accused 
of murdering Sidney de Lima Advento, the accused officers provided 
depositions, but the case had not come to trial by year's end.
    No further information was available concerning reports that in 
2000, a local police officer was arrested near Boa Vista, Roraima, on 
the charge that he had participated in the killing of seven 
adolescents. The case was believed to be inactive.
    In 2001 a court convicted 5 and acquitted 19 police officers (of 31 
charged with participation) in the 1993 massacre of 21 residents of the 
Vigario Geral neighborhood of Rio de Janeiro. At year's end, four 
officers still awaited trial. None of the victims' families received 
compensation from the Government.
    The use of torture by police sometimes led to the death of the 
victims (see Section 1.c.).
    Harsh and life-threatening prison conditions, official negligence, 
poor sanitary conditions, abuse by guards, and a lack of medical care 
led to a number of deaths in prisons. Prison homicides, due to both 
prisoner violence and action by authorities during rebellions, 
continued during the year, but official statistics were unavailable.
    No further information was available in the case of the director of 
security and discipline of Andradina Penitentiary in Sao Paulo State 
charged with triple homicide in the February 2001 asphyxiation deaths 
of three prison gang members reportedly involved in prison rebellions.
    Police killings of street children continued (see Section 5).
    By year's end, no arrests had been made in the case of two Truka 
indigenous persons allegedly murdered by state police in January 2001 
in Pernambuco.
    No progress was reported in the case of Xucuru leader Francisco de 
Assis Santana, murdered in August 2001 in Pernambuco while en route to 
a meeting with the National Indian Foundation (FUNAI) to complain about 
encroachment on indigenous lands.
    No information was available as to the date of a possible new trial 
in the case of a landowner accused of ordering the 1983 killing of 
Guarani land activist Marcal Tupa-I. In April 2001, the Supreme Court 
overturned a verdict of innocence in the case.
    Several labor activists were killed during the year (see Section 
6.a.).
    By year's end, two mayors and two other persons had been indicted 
in the September 2001 killing of labor leader and city councilman 
Carlos ``Gato'' Alberto Santos de Oliveira in Sergipe State. Three 
witnesses interviewed by prosecutors received police protection.
    According to public security officials, death squads in which the 
police are involved continued to operate. Human rights groups reported 
the existence of organized death squads linked to the police forces 
that target suspected criminals and persons considered 
``undesirable''--such as street children--in almost every state. In 
2000 Amnesty International (AI) reported that police death squads 
remained active in Mato Grosso do Sul. A 1999 report on death squads by 
the Human Rights Committee of the Federal Chamber of Deputies found 
that death squad activity with police involvement also existed in 
several other states, including Bahia, Rio Grande do Norte, Mato 
Grosso, Amazonas, Para, Paraiba, Ceara, Espirito Santo, and Acre. The 
report did indicate that, with the exception of Bahia, death squad 
activity was declining. However, human rights groups and the local 
press reported that murders by death squads continued, although no 
examples were cited.
    According to investigations by human rights committees in the Bahia 
legislature and the lower house of the Congress, in Bahia State alone 
death squads murdered 123 persons from January to August, compared with 
321 persons in all of 2001. These numbers represented about 10 percent 
of all adolescent and young adult murder victims in the state. Most 
victims were poor and black, and in many cases they were tortured 
before being killed. However, Bahia's public security secretary, 
testifying in a Justice Ministry investigation, denied the existence of 
death squads in the state.
    In April and May 2001, the authorities arrested eight uniformed 
policemen, an investigative policeman, and two firemen suspected of 
participating in death squad killings in Rio de Janeiro State. Three of 
the suspects were accused of the April 2001 murder of 21-year-old 
Leonardo Marinho, son of another fireman. There was no further 
information on the case.
    In Espirito Santo State, a 1999 state police investigation and a 
state parliamentary committee of inquiry initially reported that an 
informal organization called the ``Squad le Cocq'' involving police, 
judicial, and elected authorities--including president of the State 
Assembly Jose Carlos Gratz--was responsible for the vast majority of 
organized crime in the state. However, a yearlong investigation by the 
parliamentary committee failed to prove any of the accusations against 
Gratz. The legislator was reelected in October, but an election court 
judge annulled the result on grounds that Gratz had committed illegal 
acts during his campaign. Press reports indicated continuing activity 
by organized crime in Espirito Santo. Human rights activists, NGOs, and 
politicians urged the Federal government to intervene, and late in the 
year a federal-state task force began investigations to root out 
organized crime in the state.
    Many persons have been killed in recent years in conflicts 
involving disputes over land ownership and usage. The MST continued its 
campaign of legal occupation of lands identified as unproductive and 
illegal occupation of land not so designated. The MST also continued 
its occupation of public buildings. MST activists often used 
confrontational and violent tactics and destroyed private property 
during some occupations. The Catholic Church's Pastoral Land Commission 
(CPT), the country's foremost entity monitoring human rights in rural 
areas, reported that at least 16 rural laborers were murdered in land 
conflicts. Moreover, according to CPT, at least 73 persons received 
death threats as a result of land disputes.
    A 2000 CPT report concluded that the impunity enjoyed by landed 
interests as a result of the ``fragile'' justice system and the 
collusion of local political interests continued to encourage serious 
human rights abuses of landless activists, including murder and 
torture. However, the report also noted that the tactics of the land 
reform movement led to a self-perpetuating cycle in the past several 
years, in which increased confrontation and tension led to increased 
government attention, encouraging in turn more land occupations.
    No arrests or prosecutions were reported in the 2001 killings of 
two leaders of landless movements in the State of Mato Grosso do Sul: 
In April 2001, Jose Rafael do Nascimento, founder and leader of the 
Movement of Rural Workers (MTR), was killed by civil police, who 
alleged he was shot while resisting arrest in connection with homicides 
in Sao Paulo, and in June 2001, Valdecir Padilha, a local leader of the 
MST, was killed by an unidentified gunman. There was no further 
information available on either case.
    There were no known developments in the killings in 2000 of Jose 
Dutra da Costa, a rural activist in Para State and Manuel Souza Neto, a 
leader of the MST. Landowners were suspected of involvement in both 
cases.
    Military police involved in the 1996 massacre of 19 MST protesters 
at Eldorado dos Carajas, Para State, went on trial in April. Of the 146 
police tried, 144 were absolved, and 2 were convicted. Major Jose 
Oliveira was sentenced to 158 years in prison, and Lieutenant Colonel 
Mario Pantoja to 228 years. Both appealed the verdict and remained 
free. AI criticized the decision, citing numerous errors in the trial.
    Violence committed against children remained a serious problem. A 
UNESCO study reported that 75 percent of deaths of adolescents between 
the ages of 15 to 19 resulted from violence.

    b. Disappearance.--Police were implicated in kidnapings for ransom. 
Most observers believed that uniformed and civil police involvement in 
criminal activity, including kidnaping and extortion, was widespread. 
(see Sections 1.a. and 1.c.).
    On January 24, then-President Cardoso issued a temporary executive 
decree authorizing the federal police to intervene at the state level 
in certain human rights cases, including kidnapings. The decree became 
law on May 8; however, the federal police were not known to have used 
this new authority during the year.
    A 1995 law assigned government responsibility for the deaths of 
political activists who ``disappeared'' during the military regime 
while in custody and obligated the Government to pay indemnities of 
between $74,000 and $110,000 (200,000 to 300,000 reais) to each of the 
families. In 1997 President Cardoso signed a decree awarding 
reparations to the families of 43 such persons. As of August, 280 out 
of 366 requesters had received indemnities. A commission created by the 
law continued to evaluate requests for, and authorize payment of, 
indemnities. In October Rio de Janeiro State created a legislative 
commission to review requests for state indemnities for persons who 
disappeared or were tortured under the military regime. The 
indemnities, which were based on life expectancy, could range from 
about $28,570 to $42,860 (100,000 to 150,000 reais).

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution and a 1997 law prohibit torture and 
provide severe legal penalties for its use; however, torture by police 
and prison guards remained a serious and widespread problem.
    In a 2001 report on torture in jails and prisons, U.N. Special 
Rapporteur on Torture Sir Nigel Rodley concluded that torture was still 
widespread, systematic, and often deadly (see Section 1.a.). Rodley 
based his report primarily on visits to prisons in five different 
states during 2000. Torture was reportedly practiced during every phase 
of detention: Initial questioning, temporary detention, and long-term 
detention. Rodley noted that the most common forms of torture were 
electric shocks, beatings, and threats. Usually the torture victims 
were poor and uneducated. According to Rodley, police and prison 
officials usually were inadequately trained and unfamiliar with proper 
investigative procedures. In response the Government undertook to 
implement the report's recommendations but also noted that the 
Constitution restrains the Federal government from controlling the 
actions of state governments and police authorities.
    Several human rights groups, including AI and Justica Global, 
issued reports during the year on torture. The AI report noted that 
systematic torture and maltreatment continued throughout the justice 
system in 2001, often commencing at the initial moment of detention. 
The press also claimed that GRADI police tortured prisoners.
    In March two prisoners--one convicted of homicide, the other of 
theft--were allegedly tortured. With a judge's consent, GRADI police 
officers had removed the two prisoners from Sao Paulo's Carandiru 
prison to infiltrate a PCC gang that was planning a robbery near 
Guaruja, on the Sao Paulo coast. During the operation, the two 
prisoners attempted to escape. Police recaptured the prisoners and 
allegedly beat them, returning the two to prison the following day with 
multiple cuts and other injuries.
    In July Osmarilton Meneses dos Santos was tortured and badly beaten 
for 3 days by civil police in Bahia State. Allegedly, the police were 
seeking a false confession for the robbery of a motorcycle. The victim 
later reported the incident to the legislature's Commission on Human 
Rights. Despite promises by the governor for quick action, the officers 
were only moved to new stations.
    The police appeared to benefit from a high level of impunity in 
cases of torture. Often the police themselves were responsible for 
investigating cases of torture carried out by fellow policemen. The 
problem remained most pervasive at the state level. The Government 
began a ``National Campaign to Combat Torture'' to sensitize all 
segments of civil society--judges, attorneys, and legislators, as well 
as the general public--to the rights of prisoners. Judges, public 
prosecutors, and attorneys were expected to receive training in 
investigating complaints of torture. The campaign also included media 
advertisements that torture is a crime and a nationwide toll-free 
number to receive complaints.
    The NGO National Movement for Human Rights, which administers the 
Ministry of Justice's torture hot line reported it received 873 calls 
alleging torture or inhuman or degrading treatment during the year. 
Among metropolitan capitals, Sao Paulo had the highest percentage of 
complaints. In 51 percent of the calls alleging torture or inhuman or 
degrading treatment, the alleged perpetrators were public agents--198 
were civil police and 240 were uniformed police. States with the 
highest number of allegations of mistreatment at the hands of civil and 
uniformed police were Sao Paulo (175), Minas Gerais (129), Bahia (87), 
Para (88) and Rio (65). Sixty-nine percent of alleged victims were men, 
21 percent were women, and 10 percent were juveniles. Actual incidents 
of torture may be significantly higher than use of the hot line 
indicated. A 2002 Justica Global report, citing data from two other 
human rights groups working in Sao Paulo State prisons, reported 1,631 
cases of torture in the state's prisons.
    While agreeing that the hot line was a positive step, human rights 
activists cautioned that it did not attack the heart of the 
mistreatment problem. The activists urged that attorneys, prosecutors, 
and judges receive training on how to investigate allegations of 
torture and bring offenders to justice.
    Long delays in the special police courts allowed many cases of 
torture and lesser charges to expire due to statutes of limitations 
(see Section 1.e.).
    The police investigation in the February 2001 torture case of 
Wander Cosme Carvalheiro (whom Sao Paulo civil police were accused of 
torturing while trying to obtain a murder confession) was still 
underway. The report on the police investigation in the case of Marcos 
Puga--allegedly beaten by Sao Paulo police in 2000--was referred to the 
court in August for a determination of whether to bring criminal 
charges against the police officials involved in the incident; a 
separate disciplinary inquiry remained underway. No new information was 
available on the case of two alleged cigarette smugglers in Foz de 
Iguacu reportedly beaten by two police officers.
    At year's end, a local court was still conducting pretrial hearings 
of witnesses regarding the allegations that in January 2001 police in 
Minas Gerais beat and tortured Alexandre de Oliveira into falsely 
confessing that he had raped his infant daughter.
    There was no further progress by year's end in the case of two 
alleged shoplifters reportedly tortured in January 2001 by Carrefour 
department store security guards and local drug traffickers.
    Police violence against homosexuals continued (see Section 5). Gay 
rights activists in the city of Recife compiled substantial evidence of 
extortion and the unlawful use of violence against transvestite 
prostitutes. Police routinely extorted money from transvestites and 
often beat or killed those who failed to cooperate. Several NGOs 
documented the existence of skinhead, neo-Nazi, and ``machista'' 
(homophobic) gangs that attacked suspected homosexuals in cities 
including Rio de Janeiro, Sao Paulo, Salvador, Belo Horizonte, and 
Brasilia (see Section 5). In some cases, these gangs allegedly included 
police officers.
    Human rights groups criticized the alleged sexual abuse of members 
of indigenous groups by army units stationed in Roraima State (see 
Section 5).
    The National Secretariat for Human Rights sponsored human rights 
training programs throughout the country in cooperation with federal 
and state entities and national and international organizations. The 
Secretariat administered human rights training for policemen in 
cooperation with AI in 10 states. Human rights groups maintained that 
the effect of these programs was limited. However, human rights 
activists in many states reported willingness of police authorities to 
address their concerns and to deal with problems brought to their 
attention.
    Respect for human rights and sensitivity to the problems of 
minorities and the poor were included in police training in Rio de 
Janeiro. An Institute for Public Security, created in 2000 to reform 
police organization, recruitment, and training in Rio de Janeiro, made 
only limited progress in improving human rights performance of the 
police. A number of states have established ombudsmen (see Section 4).
    In December the International Committee of the Red Cross (ICRC) 
concluded its human rights training courses for high-ranking state 
military police officers at the Federal Police Academy in Brasilia. 
Military police from several states were trained in basic techniques, 
including the apprehension and interrogation of criminal suspects 
without recourse to excessive or unnecessary force.
    Sao Paulo's community policing initiative provided training to 
about one-fifth of the city's uniformed police force under the state 
initiative. Pursuant to the initiative, high-ranking police officials 
met with citizens' consultative groups weekly. The uniformed police 
also instituted a policy of ``recycling'' policemen involved in 
shootings, removing them from patrols for 6 months and offering them 
counseling.
    Prison conditions throughout the country ranged from poor to 
extremely harsh and life threatening. Penal authorities in those states 
with the highest prison populations often did not separate young 
offenders from adults and petty offenders from violent criminals. 
Prison riots were frequent. Discipline was difficult to maintain under 
such conditions, and prison officials often resorted to brutal 
treatment, including torture. Harsh or dangerous working conditions, 
official negligence, poor sanitary conditions, abuse and mistreatment 
by guards, and a lack of medical care led to a number of deaths in 
prisons (see Section 1.a.). The poor working conditions for prison 
guards also encouraged corruption. According to an official in Sao 
Paulo State's School of Penitentiary Administration, however, guards 
were investigated more aggressively and disciplined more effectively. 
This official also noted the 2- to 5-year period required to fire 
corrupt police and prison guards had been cut to 8 months.
    Sao Paulo State prison officials took steps to improve the quality 
of the guard force, including training over 7,000 guards during the 
year, with instruction in human rights, infectious diseases, drug 
addiction, and ethics. The Sao Paulo State also attempted to improve 
conditions by building more prisons and creating committees of 
community leaders to monitor prison conditions. Sao Paulo State--like 
the states of Parana and Rio Grande do Sul--had a prison ombudsman 
program.
    Severe overcrowding in prisons and police detention centers was 
prevalent and was most critical in the states with the largest prison 
populations, including Sao Paulo, Rio de Janeiro, Bahia, Rio Grande do 
Sul, Maranhao, Mato Grosso do Sul, Minas Gerais, Parana, and 
Pernambuco. A national prison census completed in November 2001 
indicated that there were approximately 233,000 prisoners in a prison 
system designed to accommodate 167,000 prisoners. Construction of 
penitentiaries continued but was inadequate to alleviate overcrowding.
    Sao Paulo State completed 10 model prisons, or ``resocialization 
centers,'' and 5 more were under construction, each designed to hold 
210 prisoners. In addition to the resocialization centers, 39 
penitentiaries were under construction in Sao Paulo State during the 
year. Seven were operational at year's end.
    Overcrowding was an even greater problem in police jails than in 
penitentiaries. The jails were intended to be temporary holding 
facilities; however, due to pretrial delays and overcrowding in state 
penitentiaries, almost 53,000 of the 229,000 prisoners resided in local 
lockups, awaiting either trial or transfer to state penitentiaries. 
According to Sao Paulo State's School of Penitentiary Administration, 
approximately 14,000 persons awaiting trial were incarcerated in the 
state's local police stations. Another 12,500 who had been tried and 
convicted were awaiting transfer to permanent facilities.
    Overcrowding, poor conditions, prisoner riots, and accusations of 
sexual abuse and torture pervaded Sao Paulo's juvenile detention 
centers, known as FEBEM. Early in the year, Maria Luiza Granado was 
appointed to oversee Sao Paulo's 57 FEBEM facilities--the sixth FEBEM 
president in just over 2 years.
    The number of inmate rebellions decreased--a trend that the Public 
Prosecutor for Children and Youth attributed to greater efforts by the 
authorities to maintain peace during an election year. According to the 
Public Prosecutor, the number of complaints of torture against juvenile 
inmates in Sao Paulo increased to 93 in the first half of the year.
    Construction of new FEBEM facilities continued at a slow pace. 
After prison riots in 1999, Sao Paulo State undertook to build 20 new 
FEBEM facilities; 10 new facilities were completed and 8 were renovated 
by year's end.
    On January 2, Fernando Dutra Pinto, the convicted kidnaper of the 
daughter of a television personality, died in the Belem Provisionary 
Detention Center, in Sao Paulo. An investigation by a University of Sao 
Paulo pathologist found that Pinto--who had been attacked by prison 
guards on December 10, 2001--had suffered a cut that developed into a 
generalized infection. Left untreated, the wound contributed to Pinto's 
death. The four guards suspected of having carried out the attack were 
not relieved of duty but were transferred to other prisons. The Civil 
Police initiated an administrative inquiry into the case. By year's 
end, no one had been tried for criminal misconduct.
    In the first half of the year, there were four new accusations of 
torture at FEBEM's Franco da Rocha site. One youth alleged the 
existence of a torture room. The Brazilian Bar Association (OAB) cited 
100 percent overcrowding in the facility, leading to ``an extraordinary 
state of tension.'' In March two of the directors of the Franco da 
Rocha complex were relieved of duty, leading to a 1-day strike by over 
90 percent of the guard force.
    A July rebellion at the Tatuape FEBEM facility resulted in a number 
of injuries but no deaths.
    The Public Prosecutor for Children and Youth acknowledged that 
FEBEM's Unit 27 of the Raposo Tavares complex had been the subject of 
numerous complaints of torture. In November 2001, a judge ordered that 
16 guards and 4 directors of the facility be criminally prosecuted for 
torture. Despite the court order, the accused remained on duty at the 
complex. A subsequent accusation of torture was substantiated and led 
to the removal of one of the directors in July.
    FEBEM's Parelheiros facility was closed in July at the orders of 
both a judge and the governor of Sao Paulo. NGOs and public prosecutors 
had protested that juveniles should not be housed in the converted 
adult maximum-security prison.
    There was no new information on the case of the May 2001 rebellion 
at the Tatuape FEBEM facility. Following the rebellion, guards 
allegedly beat 78 inmates.
    In December a UNICEF Project Coordinator criticized the FEBEM 
incarceration system in a press interview. In response to an AI 
criticism of the Sao Paulo government, the FEBEM president stated that 
600 guards were relieved in 2001 based on abuse allegations, and that 
all juveniles were treated in accordance with the law. In May the State 
of Sao Paulo reduced the number of public defenders assigned to FEBEM 
from 13 to 7. AI expressed its concern over this further reduction in 
resources.
    In November the IACHR announced plans to investigate systematic 
human rights abuses in FEBEM institutions in response to eight specific 
cases in which the Sao Paulo State Justice Tribunal had halted 
investigations into mistreatment of inmates on the grounds that they 
prejudiced ``public security.'' FEBEM responded that such an 
investigation would be irrelevant since the facilities already had been 
closed.
    Prisons generally did not provide adequate protection against 
violence inflicted by inmates on one another. In April three inmates, 
two of whom were 18 years old, were decapitated by fellow inmates in 
the Praia Grande Jail in Santos, Sao Paulo. One was also dismembered. 
In the confusion that followed, 10 prisoners escaped. At the time, the 
prison, with a capacity of 512, held 788 prisoners.
    In September Sao Paulo State closed the Carandiru prison complex, 
the scene of a 1992 riot in which state police killed 111 prisoners and 
where 16 inmates were killed in a 2001 riot. Carandiru's approximately 
7,000 inmates were moved to smaller prisons throughout the state and 
other parts of the country.
    Although there was no official count, there were numerous prison 
riots and rebellions during the year.
    In January a prison rebellion provoked by warring factions left 45 
dead in the White Bear Penitentiary in Rondonia State. Most of the 
deaths appeared to have resulted from prisoner-on-prisoner violence, 
although NGOs attributed some of the deaths to use of excessive force 
by penal authorities.
    Prisoners also were subjected to extremely unhealthy conditions. 
Scabies and tuberculosis--diseases uncommon in the general population--
were widespread in Sao Paulo prisons, as were HIV/AIDS and even 
leprosy. In December 2001, the Ministry of Justice estimated that 10 to 
20 percent of the national prison population was HIV positive. Denial 
of first aid and other medical care sometimes was used as a form of 
punishment. According to the U.N. Committee on Torture's report, 
homosexuals and patients with AIDS were discriminated against in 
prisons and often confined in separate cells.
    The judiciary's ineffective use of alternative sentencing 
contributed to the problem of overcrowding. Only 10 states used 
alternative punishments, and only 3 percent of convicted prisoners 
received such a sentence.
    Authorities attempted to hold pretrial detainees separately from 
convicted prisoners; however, due to prison overcrowding, pretrial 
detention facilities often were also used to house convicted criminals.
    The States of Rio de Janeiro and Sao Paulo provided separate prison 
facilities for women; however, in those states, there were no 
facilities for women that had only women guards and wardens. Elsewhere 
women were held with men in some facilities. Male officers served in 
women's prisons, and abuse and extortion of sexual favors were common. 
In Rio de Janeiro State, there were only two police districts in which 
women were held in gender-segregated short-term jail facilities. 
Women's facilities in Sao Paulo's penitentiary system were even more 
overcrowded than those for men. There were 1,971 women in facilities 
built to accommodate 1,700 female inmates.
    It is government policy to permit prison visits by independent 
human rights observers, and state prison authorities generally followed 
this policy in practice. Federal officials in the Ministry of Justice 
responsible for penal matters offered full cooperation to AI, which 
reported no significant problems in gaining access to state-run prison 
facilities.

    d. Arbitrary Arrest, Detention, or Exile.--The law prohibits 
arbitrary arrest and detention and the Government generally observed 
these prohibitions; however, police continued at times to arrest and 
detain persons arbitrarily. The Constitution limits arrests to those 
caught in the act of committing a crime or those arrested by order of a 
judicial authority.
    Human rights observers alleged that civil and uniformed police 
regularly detained persons illegally to extort money or other favors.
    The authorities generally respected the constitutional provision 
for a judicial determination of the legality of detention, although 
many convicted inmates were detained beyond their sentences due to poor 
record keeping. The law permits provisional detention for up to 5 days 
under specified conditions during a police investigation, but a judge 
may extend this period. In general detainees were allowed prompt access 
to family members or a lawyer, but there were cases when detainees--
typically poor and uneducated--were held longer than the provisional 
period. Groups that assisted street children claimed that the police 
sometimes detained youths without judicial orders or held them 
incommunicado.
    In criminal cases, defendants arrested in the act of committing a 
crime must be charged within 30 days of their arrest. Other defendants 
must be charged within 45 days, although this period may be extended. 
In practice the backlog in the courts almost always resulted in 
extending the period for charging defendants.
    Bail was available for most crimes, and defendants for all but the 
most serious crimes had the right to a bail hearing.
    The Constitution prohibits forced exile, and it was not practiced.

    e. Denial of Fair Public Trial.--The judiciary is an independent 
branch of government; however, it was inefficient, often subject to 
political and economic influences--especially at the state level--and 
lacked adequate resources. Judicial officials were often poorly 
trained. In many instances, poorer, less educated citizens made limited 
use of the appeals process that might ensure their rights to a fair 
trial.
    The judicial system with the federal Supreme Court at its apex 
included courts of first instance and appeals courts. States organized 
their own judicial systems but must adhere to the basic principles in 
the Constitution. Specialized courts dealt with police, labor, 
elections, juveniles, and family matters.
    Based on the police investigation that led to the formal charges, 
prosecutors prepared an indictment for the review of a judge who 
determined if the indictment met the legal requirements to bring the 
accused to trial. A jury process tried those accused of capital crimes, 
including attempted homicide. A judge tried lesser crimes. Defendants 
had the right to appeal all convictions to state superior courts. They 
had the further right to appeal state court decisions to both the 
federal Supreme Court on constitutional grounds and to the federal 
Superior Court to contest whether a decision was consistent with the 
decision of a court in another state or infringed on federal law. All 
defendants sentenced to 20 years in prison or more had the automatic 
right to a retrial.
    Special police courts composed of four ranking state uniformed 
police officials and one civilian judge had jurisdiction over state 
uniformed police (except those charged with homicide). Most police 
accused of crimes appeared before these courts (which are separate from 
the courts-martial of the armed forces, except for the final appeals 
court). Within these courts, conviction was often the exception rather 
than the rule. With too few judges for the caseload, there were severe 
backlogs, and human rights groups noted a lack of willingness by police 
to investigate fellow officers. Long delays allowed many cases of 
torture and lesser charges to expire due to statutes of limitations.
    The law provides civilian courts with jurisdiction over cases in 
which uniformed police officers were accused of homicide (see Section 
1.a.). However, except for the most egregious cases, the internal 
police investigation determined whether the homicide was intentional, 
while the police tribunal decided whether to forward the case to a 
civilian court for trial. As a result, few cases were referred to the 
civilian courts. The average case took 8 years to reach a definitive 
decision. At the appellate court level, a large backlog of cases 
hindered the court's ability to ensure fair and expeditious trials.
    There continued to be numerous credible reports of state police 
officials' involvement in intimidation and killing of witnesses 
involved in testifying against police officials (see Sections 1.a. and 
1.c.).
    Defendants were entitled to counsel and must be made fully aware of 
the charges against them. There was no presumption of innocence. 
According to the Ministry of Justice, approximately 85 percent of 
prisoners could not afford an attorney. In such cases, the court must 
provide one at public expense; the law requires courts to appoint 
private attorneys to represent poor defendants when public defenders 
are unavailable; however, often no effective defense was provided.
    The right to a fair public trial as provided by law generally was 
respected in practice, although in some regions--particularly in rural 
areas--the judiciary generally was less professionally capable and more 
subject to external influences. Similarly, when cases involved gunmen 
hired by landowners to kill squatters or rural union activists, local 
police often were less diligent in investigating, prosecutors were 
reluctant to initiate proceedings, and judges found reasons to delay 
(see Section 1.a.).
    Low pay and exacting competitive examinations that could eliminate 
as many as 90 percent of the applicants made it difficult to fill 
vacancies on the bench. The law requires that trials be held within a 
set period of time from the date of the crime; however, due to the 
backlog, old cases frequently were dismissed unheard. This practice 
reportedly encouraged corrupt judges to delay certain cases purposely 
so that they could eventually be dismissed. Defense counsel often 
delayed cases in the hope that an appeals court might render a 
favorable opinion, and because they were paid according to the amount 
of time that they spend on a case.
    According to one observer, courts convicted a much higher 
percentage of Afro-Brazilian defendants than they did whites (see 
Section 5).
    There were no reports of political prisoners, although the MST 
claimed that its members jailed in connection with land disputes were 
in effect political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices; however, 
there were reports that the police conducted searches without a warrant 
(see Section 1.c.). Wiretaps authorized by judicial authority were 
permitted.
    The inviolability of private correspondence generally was 
respected.
    In midyear a human rights NGO and the press reported that armed 
drug traffickers in several slums in Rio de Janeiro forced families out 
of their homes if they refused to comply with traffickers' demands or 
tolerate illegal drug sales in the neighborhood. In one case, 
traffickers allegedly murdered a 15-year-old girl in her home and 
caused the rest of her family to flee. In November the NGO reported 
that an average of 33 families per week were displaced in this manner. 
According to the NGO and press reports, police often assisted the 
families in moving, but failed to provide protection that would enable 
them to remain in their homes.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution prohibits all 
forms of censorship and provides for freedom of speech and a free 
press, and the authorities generally respected these rights in 
practice; however, there were several attacks against journalists 
during the year.
    Privately owned newspapers, magazines, and a growing number of on-
line electronic publications vigorously reported and commented on 
government performance. Both the print and broadcast media routinely 
discussed controversial social and political issues and engaged in 
investigative reporting. Most radio and television stations were owned 
privately; however, the Government had licensing authority, and 
politicians frequently obtained licenses. The Liberal Party controlled 
a national network of radio and television stations. Current or former 
congressional representatives, some of whom were members of the 
committee that oversees communications, owned many television and radio 
stations, as well as local newspapers. It was unknown how many media 
outlets were controlled indirectly by politicians, since concessions 
often were registered in the names of family members or friends.
    Penalties for libel under the 1967 Press Law include imprisonment, 
which rarely was imposed. The National Newspaper Association (ANJ) 
pressed for an updated press law, noting that the existing law does not 
establish criteria for calculating maximum fines for libel. The ANJ and 
newspaper owners throughout the country complained about huge fines and 
jail terms imposed against newspapers for ``moral damage'' that 
appeared aimed at crippling news organizations.
    Complex electoral campaign laws regulate the broadcast media and 
apportion the free use of commercial radio and television broadcast 
time granted to political parties during an election campaign. The 
short periods for rulings and nonappeal provisions of the regulations 
are designed to enforce discipline and ensure that remedies are applied 
in a timely manner. Media and free speech advocates generally accepted 
the manner in which the campaign laws were enforced.
    Foreign publications were distributed widely; prior review of 
films, plays, and radio and television programming was used only to 
determine a suitable viewing age.
    The National Federation of Journalists (FENAJ) and the ANJ 
documented a number of violent attacks, including killings and threats, 
against journalists. The August 2001 ANJ report--covering the period 
August 2000 through July 2001--listed seven cases of physical 
aggression against journalists (including one case that involved 
Brazilian journalists in Paraguay). The ANJ report noted that seven 
journalists were murdered since 1995 and that none of the crimes had 
been solved. The ANJ further stated that impunity for crimes committed 
against journalists in conjunction with the inappropriate and 
inconsistent application of the Press Law impeded the functioning of a 
free press.
    In October the NGO Reporters without Borders denounced the 1998 
murder of journalist Manoel Leal in Itabuna, Bahia, as an attack on 
press freedom and called on the authorities to revive the stalled 
investigation of the case.
    In September Savio Brandao, owner of the Folha do Estado newspaper 
in Mato Grosso State, was killed at close range, allegedly by hit men. 
The newspaper had been carrying stories on organized crime in the 
state. A police chief characterized the murder as ``a carefully 
executed crime.'' In October former uniformed police officers Hercules 
Araujo Agostinho and Celio de Souza were arrested for the crime and at 
year's end were awaiting trial. The Minister of Justice promised 
federal assistance in the form of a federal police antiorganized crime 
taskforce to assist the State of Mato Grosso's investigation.
    In October journalist Felipe Santolia--who had published articles 
about corruption in Piaui State and alleged that congressmen in the 
state had bought votes--was tied and nailed to a tree in a mock 
crucifixion but survived.
    On October 23, a regional election tribunal judge in Brasilia 
ordered the seizure of all copies of the next day's edition of the 
newspaper Correiro Braziliense if it printed the transcript of the 
governor's phone conversations that reportedly implicated the governor 
in an illegal land deal. The judge acted at the request of the governor 
and the Frente Brasilia Solidaria, which backed him in the election. 
The judge's order was overturned by the Supreme Election Tribunal.
    In June prominent television journalist Tim Lopes was murdered in 
Rio de Janeiro; seven persons accused of the crime were arrested in 
September, and their trial was pending at year's end. A human rights 
NGO reported in November that, as a result of this case, newspaper 
editors had instructed their reporters to be more cautious in pursuing 
their investigations and to stay out of high risk areas. According to 
the Inter-American Press Association, Lopes was the fourth journalist 
murdered in Rio de Janeiro State since 1994.
    There were no further developments in the case of the August 2001 
murder of journalist Mario Coelho de Almeida Filho in Rio de Janeiro. 
Coelho was killed the evening before he was to testify in a criminal 
defamation lawsuit involving a local politician.
    A domestic television journalist, who in August 2001 received 
repeated implied death threats after her series of investigative 
reports on drug trafficking in Rio de Janeiro's shantytowns, remained 
in hiding after failing to receive the police protection she had 
requested.
    The Government did not impose restrictions on the use of the 
Internet; however, federal and state police began to monitor the 
Internet to detect on-line recruitment by sex traffickers (see Section 
6.f.).
    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. Permits were not required for outdoor 
political or labor meetings, and such meetings occurred frequently.
    On March 25, approximately 150 members of the MST invaded Fazenda 
Santa Maria, the farm of a personal friend and business partner of 
then-President Cardoso. The invasion came in retaliation for the arrest 
of 16 MST leaders during the March 23-24 occupation of President 
Cardoso's farm.
    In 2000 police injured more than 30 persons while using bullets and 
tear gas to disrupt a march protesting ceremonies marking the 
quincentennial of the arrival of the Portuguese. Indigenous leaders 
filed suit against the police for damages and at year's end continued 
to press the Minister of Justice to accelerate a decision in the case.
    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. In the 2000 census approximately 74 percent of the population 
identified themselves as Roman Catholic; however, there was no favored 
or state religion. There were no registration requirements for 
religions or religious groups, and all faiths were free to establish 
places of worship, train clergy, and proselytize. The Government 
controlled entry into indigenous lands and required missionary groups 
to seek permission from the FUNAI.
    Leaders in the Jewish community expressed concern over the 
continued appearance of anti-Semitic material on Internet websites 
compiled by neo-Nazi and ``skinhead'' groups.
    In September a Rio de Janeiro state court upheld a sentence of 
community service imposed on a writer for publishing anti-Semitic slurs 
in a small-city newspaper. In October a court in Minas Gerais State 
imposed a fine of $500 (1,800 reais) on a retired lawyer for using a 
racial slur in talking with a 29-year-old stonemason (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.--The Constitution provides for these 
rights, and the Government generally respected them in practice, 
although there were restrictions on entry into protected indigenous 
areas, and a parent is not allowed to leave the country with children 
under the age of 18 without the permission of the other parent.
    A 1997 law provides for asylum and refugee status in accordance 
with the principles of the 1951 U. N. Convention Relating to the Status 
of Refugees and its 1967 Protocol. The Government provided first asylum 
and cooperated with the U.N. High Commission for Refugees (UNHCR) and 
other humanitarian organizations in assisting refugees. There were an 
estimated 2,894 refugees in the country, mostly from Angola and other 
African countries, but also including persons from Iran, Bosnia, and 
Kosovo. The Government expanded its resettlement program to accept 
UNHCR referral of 100 refugees from Iran, Namibia, and Afghanistan. 
During the year, a total of 68 persons were granted refugee status, out 
of a total of approximately 531 requests. According to the Ministry of 
Justice, the number of refugees granted asylum was significantly lower 
than in 2001 due to the end of the Angolan civil war.
    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. Voting is secret and mandatory for all literate 
citizens aged 18 to 70, except for military conscripts who may not 
vote. It is voluntary for minors from 16 to 18 years of age, for the 
illiterate, and for those aged 70 and over.
    In the October national elections, Worker's Party candidate Inacio 
Luiz Lula da Silva won a 4-year term with over 61 percent of the vote 
in the second-round runoff.
    The Chamber of Deputies has 513 seats; the Senate has 81 seats. In 
the October elections, the PT won 91 Chamber seats and 14 Senate seats, 
becoming the largest single party in the Chamber. At year's end, the PT 
was negotiating with other parties to build majority coalitions in both 
houses.
    A September 2001 constitutional amendment limits the President's 
power to legislate by ``provisional measure'' (MP). The amendment 
limits the validity of presidential MPs to 60 days (renewable once). 
The President no longer may issue MPs that address nationality, 
citizenship, political rights, legal due process, or the judicial 
branch, or that could change the Constitution or the budget (except 
under extraordinary circumstances).
    Women had full political rights under the Constitution and were 
increasingly active in politics and government. Cultural, 
institutional, and financial barriers continued to limit women's 
participation in political life. In the October elections, there were 
2,647 female candidates (14 percent of the total), compared with 1,778 
female candidates in 1998 (12 percent of the total). Representation of 
women in the national Congress increased from 6.1 percent to 8.4 
percent after the October elections: 42 women were elected to the 
Chamber of Deputies and 8 to the Senate. Incoming President Lula da 
Silva nominated four women to hold cabinet-level positions, including 
that of Secretary of State for Women's Affairs, which previously was 
supervised by the Ministry of Justice and now reports directly to the 
President.
    Diverse ethnic and racial groups, including indigenous people, were 
free to participate politically.
    In September the regional electoral tribunal in Acre State ruled 
that incumbent Governor Jorge Viana could not stand for reelection 
because of alleged campaign law abuses. The TSE overturned the 
decision.
    In September several voters in poor regions of the Federal District 
alleged that they had received threats from representatives of the 
governor and other incumbent candidates campaigning for reelection. 
Voters alleged that they were warned that if they did not vote for the 
specified candidates, health and other social benefits would be cut 
off.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Local and national human rights groups generally operated without 
government restriction, investigating and publishing their findings on 
human rights cases. Federal officials usually were cooperative and 
responsive to their views. Federal and state officials in many cases 
actively solicited the aid and cooperation of NGOs in addressing human 
rights problems; however, human rights monitors occasionally were 
threatened and harassed for their efforts to identify and take action 
against human rights abusers, especially members of the state police 
forces.
    AI denounced death threats made during the year against more than 
50 human rights activists working in Espirito Santo State and called on 
the state government to do more to investigate human rights abuses and 
organized crime. AI also challenged President Cardoso to do more to 
assist the Ministry of Justice's investigation into the abuses in 
Espirito Santo.
    Denise Frossard, a retired judge working for Transparency 
International, received death threats. Former military policeman Jadir 
Simeone Duarte--who allegedly received an offer of $270,000 (1 million 
reais) to kill Frossard--was arrested before he could commit the 
murder.
    The Justice Ministry's National Secretariat of Human Rights 
administered and sponsored programs to reduce violence among the poor, 
to train police officials in human rights practices, and to combat 
discrimination against blacks, women, children, indigenous peoples, the 
elderly, and persons with disabilities.
    During the year, the Government appointed Paulo Sergio Pinheiro, 
former U.N. Special Rapporteur for Human Rights in Burundi and the U.N. 
Special Rapporteur for Human Rights in Myanmar, as the new Secretary 
for Human Rights. In October 2001, the Government established a Federal 
Commission Against Torture (see Section 1.c.).
    A number of states have ombudsmen (see Sections 1.a. and 1.c.). 
However, some NGOs and human rights observers questioned the 
independence of some of the ombudsmen. All ombudsmen offices suffered 
from insufficient resources.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The law prohibits discrimination on the basis of sex, race, 
religion, or nationality; however, discrimination against women, 
blacks, and indigenous people continued unabated, and there was 
widespread violence against homosexuals. The International Labor 
Organization (ILO) noted that significant differences in wages affected 
women and blacks, particularly in rural areas. A 1997 law provides 
prison penalties and fines for racist acts, including promulgation of 
pejorative terms for ethnic or racial groups, use of the swastika, or 
acts of discrimination based on sex, religion, age, or ethnic origin. 
There were no known convictions under this law.
    There continued to be reports of violence against homosexuals, 
although it was not always clear that the victim's sexual orientation 
was the reason for the attack. The Gay Group of Bahia (GGB), the 
country's best known homosexual rights organization, and AI documented 
the existence of skinhead, neo-Nazi, and ``machista'' gangs that 
attacked suspected homosexuals in cities including Rio de Janeiro, Sao 
Paulo, Salvador, Belo Horizonte, and Brasilia. In some cases, these 
gangs included police officers (see Section 1.c.).
    The GGB claimed that 132 homosexuals--male and female--were killed 
in 2001. Transvestite prostitutes--the most visible homosexual group--
were at greatest greater risk of violence; there were reports of police 
abuse of transvestites (see Section 1.c.). The police reportedly 
investigated 46 murders related to homosexuality.
    In September Igor Xavier was reportedly killed in Minas Gerais 
State by an antigay farmer. The farmer, who admitted the shooting, 
claimed that the victim abused his 19-year-old son; however, evidence 
pointed to an elaborately planned murder. According to witnesses, the 
farmer met Xavier at a bar, took him home, shot him twice at close 
range, and dumped the body on the side of a rural highway. The farmer's 
family members later helped him clean up the murder scene.
    In April Jose Marcio Santos Almeida, a known homosexual, was stoned 
and beaten in a small town in Alagoas State. Before dying the following 
day, Almeida named his attackers, who were arrested and remained in 
police custody at year's end. His death was labeled a hate crime. A 
2000 survey conducted on the killing of homosexuals registered 28 
deaths in Sao Paulo, 18 in Pernambuco, and 10 in Alagoas. Bahia State 
allegedly recorded 1,960 homosexual-related killings between 1980 and 
2000.
    In the case of the 2000 beating death in Sao Paulo of Edson Neris 
da Silva--seen holding hands with another man--a court sentenced two 
alleged gang members to 21 years in prison, while a third suspect 
received a lighter sentence. The status of the court cases against 15 
other defendants in the case was unknown.
    The Secretariat of State Security of Rio de Janeiro, in partnership 
with NGOs, continued to operate a hot line for complaints of violence 
or other crimes against homosexuals, as well as for complaints of 
prejudice, discrimination, or other crimes based on race, ethnicity, 
color, religion, or national origin. The offices in police headquarters 
where both hot lines were located also offered professional counseling 
to victims of such offenses.

    Women.--The most pervasive violations of women's rights involved 
sexual and domestic violence, which were both widespread and 
underreported. Most major cities and towns had special police offices 
to deal with such crimes against women; however, reporting crimes and 
receiving help continued to be a problem for women living in remote 
areas sometimes great distances from the nearest special office. For 
example, the large but sparsely populated states of Acre and Roraima 
each had only one such office.
    In Rio de Janeiro an integrated center for support to women victims 
of violence or discrimination, which opened in March 2001, provided 
psychological and legal assistance to 130 women per month and had a hot 
line to encourage women to register complaints. Women who consulted the 
center about domestic violence could stay at women's shelters run by 
the city of Rio de Janeiro and a smaller town. Demand by women and 
their children to stay in the shelters exceeded their capacity.
    Each state secretariat for public security operated ``women's 
stations'' (delegacias da mulher). However, the quality of services 
provided varied widely, and the availability was especially limited in 
isolated areas. The stations were intended to provide the following 
services for victims of domestic violence: Psychological counseling; a 
``shelter home'' for victims of extremely serious abuses who had no 
place to go; hospital treatment for rape victims, including treatment 
for HIV and other sexually transmitted diseases; and initiation of 
criminal cases by investigating and forwarding evidence to the courts. 
However, a November 2001 Ministry of Justice report revealed that many 
of the women's stations fell far short of standards. For example, 20 
percent lacked a conventional telephone line, 53 percent lacked police 
officers trained in dealing with violence against women, and 77 percent 
did not have an officer on duty 24 hours a day. In Rio de Janeiro 
State, the women's police stations registered 1,364 cases of sexual 
violence against women during the year, a 2.4 percent increase over the 
1,332 cases in 2001.
    The sentences for rape varied from 8 to 10 years. An offender 
accused of domestic violence in a case that did not involve a serious 
offense and carried penalties of less than 1 year's imprisonment could 
receive alternative sentencing with no jail term. A national study of 
rape cases carried out by a group of Sao Paulo academics indicated that 
family members committed roughly 70 percent of rapes.
    Spousal rape is illegal; however, men who committed crimes against 
women, including sexual assault and murder, were unlikely to be brought 
to trial. A 1999 study indicated that 70 percent of criminal complaints 
regarding domestic violence against women were suspended without a 
conclusion. Only 2 percent of criminal complaints of violence against 
women led to convictions. In 1998 the National Movement for Human 
Rights (NMHR) reported that female murder victims were 30 times more 
likely to have been killed by current or former husbands or lovers than 
by others, a rate that the NMHR believed still continued.
    Adult prostitution is not illegal; however, various associated 
activities, such as running an establishment of prostitution, are 
illegal.
    Trafficking in women for the purpose of prostitution was a serious 
problem (see Section 6.f.).
    Sexual harassment is a criminal offense, punishable by 1 to 2 years 
in jail. In addition to its application in the workplace, the law 
encompasses sexual advances between family members, individuals in 
educational institutions, and service providers or clients. In the 
workplace, it applies only in hierarchical situations, where the 
harasser is of higher rank or position than the victim.
    The Constitution prohibits discrimination based on gender in 
employment or wages and provides for 120 days of paid maternity leave. 
However, the provision against wage discrimination rarely was enforced. 
According to a study conducted by the Getulio Vargas Foundation, women 
had to study 25 percent more in order to receive the same salary as 
men. On average, each additional year of studies yielded a 10 percent 
salary increase for men, and only an 8 percent increase for women.
    A 2000 study by the Brazilian Institute of Geography and Statistics 
(IBGE) indicated that in the country's six largest metropolitan areas, 
the median income for women was 67 percent that for men; 1998 
government statistics indicated that women with a high-school education 
or less earned, on average, 63 percent of the salaries earned by men 
with comparable education. Afro-Brazilian women earned on average 26 
percent of a white male's salary. A 2001 Ministry of Labor survey 
reported that the average starting salary for high school educated 
women in Sao Paulo was one-third less than the average starting salary 
for high school educated men. According to the Ministry of Labor and 
Employment (MLE), Centers for the Prevention of Workplace 
Discrimination existed in 16 states. These centers, which were housed 
in regional bureaus of the Ministry, promoted programs to end 
discrimination in the workplace and cultivated partnerships with other 
organizations that combat discrimination. The centers also served as 
clearinghouses for allegations of discrimination.
    The Maternity Leave Law prohibits employers from requiring 
applicants or employees to take pregnancy tests or present 
sterilization certificates; however, some employers sought 
sterilization certificates from female job applicants or tried to avoid 
hiring women of childbearing age. Employers found violating the law are 
subject to a jail term ranging from 1 to 2 years, while the company 
must pay a fine equal to 10 times the salary of its highest-paid 
employee. At year's end, there was no information on enforcement of 
this law.
    In December in one of his first appointments, incoming President 
Lula da Silva named a woman to the newly created cabinet-level position 
of Secretary of State for Women's Affairs.

    Children.--Millions of children continued to suffer from the 
poverty afflicting their families, worked to survive, and failed to get 
an education. Schooling is free and compulsory between the ages of 7 
and 14 and was available in all parts of the country; however, not all 
children attended school regularly. The rate of school enrollment of 
children aged 7 to 14 increased from 89 percent in 1994 to 95 percent 
in 1999, but there were still 1.1 million children in this age group 
who did not attend school. Repetition rates and the poor quality of 
public schools continued to be a problem. Fully 40 percent of first-
graders repeated the year, and in a number of states first-graders were 
more likely to fail than to pass. Girls and boys attended school in 
roughly comparable numbers.
    In 2000 UNICEF reported that each year nearly 100,000 children died 
before their first birthday, almost half during the perinatal period. 
Between 1989 and 1999, the national infant mortality rate declined from 
51 to 34 per 1,000 live births; however, in some states, such as 
Alagoas, it was as high as 72 per 1,000, and some municipalities had 
rates of 110 per 1,000.
    A 2001 UNICEF report based on 1999 data estimated that over 20 
million children and adolescents--almost 39 percent of the total--lived 
in poverty. The Inter-American Development Bank estimated in 2001 that 
30 million children lived below the poverty line.
    Child abuse was widespread, but the 2001 UNICEF report noted that 
there were no useful nationwide statistics on its extent.
    Sexual exploitation of children and child prostitution remained a 
significant problem throughout the country. In association with the 
Ministry of Justice, the NGO ABRAPIA since 1997 has operated a 
telephone hot line to register complaints of sexual abuse against 
children and adolescents. In the 5-year period ending December 2001, 
the hot line received a monthly average of 40 complaints nationwide, of 
which one-third came from the States of Rio de Janeiro and Sao Paulo. 
In the first 6 months of the year, the hot line received 797 
complaints, compared with 303 in the first 6 months of 2001. ABRAPIA 
also administered the ``SOS-child'' program in Rio de Janeiro State 
that registered complaints of domestic abuse against children and 
provided medical and social assistance.
    A 1999 study by the Reference Center on Children and Adolescents 
(CECRIA), an entity within the National Human Rights Secretariat, 
indicated that patterns of sexual exploitation of children corresponded 
to the distinct economic and social profile of the country's region. In 
the northern Amazonian region, sexual exploitation of children centered 
around brothels that catered to mining settlements. In the large urban 
centers, children, principally girls, who left home to escape abuse or 
sexual exploitation often prostituted themselves on the streets in 
order to survive. In the cities along the northeast coast, sexual 
tourism exploiting children was prevalent and involved networks of 
travel agents, hotel workers, taxi drivers, and others who actively 
recruited children and even trafficked them outside the country (see 
Section 6.f.). Child prostitution also developed in the areas served by 
the country's navigable rivers, particularly in ports and at 
international borders. The report noted that although trafficking 
developed in part to meet the demands of foreigners, the local 
population sustained it. In 2000 the ILO reported that observers had 
cited over 3,000 girls who were subjected to debt servitude and forced 
into prostitution in Rondonia State.
    A June law lengthened the maximum sentence to 10 years in prison 
for persons who manage brothels that exploit child prostitutes. In 
December the Ministry of Justice announced a program in cooperation 
with the U.N. Drug Control Program (UNDCP) to combat trafficking in 
persons for sexual exploitation--the National Plan to Combat Sexual 
Exploitation of Children (see Section 6.f.).
    In 2000 the Government instituted the Sentinel Program to combat 
the sexual exploitation of minors. The program envisioned construction 
of 200 centers in capital cities and areas where sexual exploitation 
was prevalent, with multiprofessional staffs to assist victims of 
sexual abuse and exploitation. When necessary, staff also placed 
victims in foster homes. As of September, Sentinel included 40 centers 
throughout the country.
    Trafficking in children for the purpose of prostitution was a 
serious problem (see Section 6.f.).
    Child labor was a serious problem (see Section 6.d.).
    There were no reliable figures on the number of street children. 
Some were homeless, but the majority returned to a home at night. In 
2000 a study in the city of Sao Paulo found 609 children living 
permanently on the street; a much greater number of children spent 
their days on the streets but had families with whom they spent the 
night.
    The city of Rio de Janeiro, in cooperation with NGOs, provided 41 
shelters and group homes, but the shelters reportedly were overcrowded 
and the staff was inadequately trained; two of the shelters closed 
during the year. Drug use, particularly glue sniffing and crack, was 
increasingly prevalent among street children. NGOs reported that 
extreme poverty at home or sexual abuse by fathers and stepfathers were 
the principal reasons that many children chose to live in the streets. 
An IGBE study reported that 47 percent of Sao Paulo street children 
came from families that earned less than $150 (540 reais) per month.
    Police killings of street children continued. In December 2001, 
U.N. High Commissioner for Human Rights Mary Robinson stated that 
police violence against street children was a major concern. She 
specifically expressed concern about the kidnaping of street children 
for adoption and sexual abuse.
    From 1990 to 2000, there were 21 murders of boys between the ages 
of 9 and 13 in Maranhao State, many of whom bore signs of sexual 
assault. In 2000 Justica Global and the Macros Passerini Defense Fund 
filed a complaint with the IACHR accusing the state government and the 
federal authorities of failing to investigate the crimes; in November 
2001 the IACHR gave the Government 2 months to investigate and halt the 
killings. There were no known developments in the cases by year's end.
    Youth were both victims and perpetrators of violence. Of all deaths 
of 15- to 19-year-olds, 72 percent were due to causes such as homicide, 
suicide, and traffic accidents; approximately 85 percent of the victims 
had been sexually exploited. These violent deaths reduced by at least 3 
years the average life expectancy of men. Homicide was the leading 
cause of death for children aged 10 to 14, and only 1.9 percent of 
their murderers served prison sentences.
    The News Agency for Children's Rights closely tracked stories in 
the media, published studies, and recognized media outlets that 
effectively covered child welfare issues. UNICEF worked in cooperation 
with the media organization Rede Globo to coordinate the Child Hope 
campaign.

    Persons with Disabilities.--The Constitution contains several 
provisions for persons with disabilities, stipulating a minimum wage, 
educational opportunities, and access to public buildings and public 
transportation. However, groups that worked with persons with 
disabilities reported that state governments failed to meet the legally 
mandated targets for educational opportunities and work placement. A 
1991 law stipulates percentages of vacancies that businesses must 
reserve for persons with disabilities: 2 percent in firms over 100 
employees; 3 percent in firms over 300 employees, and 5 percent in 
firms over 500 employees. In 2001 in Rio de Janeiro State, the Ministry 
of Labor began on-site inspections of firms to encourage compliance 
with the law; similarly, a Federal District information campaign to 
encourage compliance continued. The Rio de Janeiro State government's 
employment bank for persons with physical, auditory, or visual 
disabilities continued to place job applicants. At least two NGOs in 
Rio de Janeiro State offered job placement services for persons with 
disabilities, and demand for their services expanded during the year as 
businesses sought to comply with the employment law.
    There was little progress nationwide on eliminating architectural 
barriers. A December 2001 city of Rio de Janeiro law requires 
multifamily condominiums to make alterations ensuring access to 
handicapped residents. In the city of Rio de Janeiro, the disabled had 
little or no access to buses (the main public transportation), subway, 
phone booths, and many other public facilities. In 1999 Rio de Janeiro 
mandated bus companies to make a specific number of buses on certain 
routes accessible to wheelchair users within 3 months; however, there 
were reportedly no buses in the city adapted for wheelchairs. In the 
city of Rio de Janeiro, bus companies were required to provide free 
passes to persons with disabilities. The Rio de Janeiro State 
government also created interagency committees to consult with NGOs on 
how to provide more access for persons with disabilities to buildings, 
employment opportunities, and competitive sports. During the year, a 
state housing program delivered 86 new houses equipped for handicapped 
residents, implementing a policy that 10 percent of publicly provided 
homes shall be so equipped. To assist visually impaired persons, some 
private firms have implemented Braille instructions for shopping and 
placing orders.
    The country made significant advances in expanding the availability 
of special instruction for children with disabilities. In 1997 only 43 
percent of school districts offered special education programs, 
compared with 59 percent in 1999. The availability of such programs 
varied greatly by region: In the northeast, only 37 percent of school 
districts had such programs, while they were available in 81 percent of 
school districts in the southernmost three states.
    There were over 7,300 instances of persons being committed to 
mental institutions during the year. There were no statistics available 
on the total number of patients in mental institutions. Some nonviolent 
patients spent their entire lives in institutions. The Government paid 
hospitals about $12 (28 reais) per day for each patient. A 2000 Chamber 
of Deputies' Human Rights Commission report of conditions of mental 
hospitals and asylums cited many examples of understaffed and poorly 
administered hospitals, substandard living conditions for many 
patients, and severely overcrowded and dirty facilities. A 2001 
patients' bill of rights law establishes clear criteria for commitment 
into mental institutions and gives the Public Minister (an independent 
watchdog agency) an opportunity to review each case of involuntary or 
compulsory commitment.

    Indigenous Persons.--The Constitution grants the indigenous 
population broad rights, including the protection of their cultural 
patrimony and the exclusive use of their traditional lands; however, 
the Government did not secure these rights for indigenous people in 
practice. The Government estimated that over half lived in poverty in 
communities whose traditional ways of life were threatened on a variety 
of fronts.
    A March 2001 study by the Social Economic Institute found that the 
indigenous population grew by 3.5 percent in 2000, to a total of 
approximately 350,000 persons, spread among 216 ``nations.'' The report 
noted many problems faced by indigenous people, including disease and 
poor health care, loss of native culture, and recurring trespasses and 
illegal mining and extraction activities on indigenous lands. Road 
construction and deforestation were also threats.
    Indigenous leaders and activists complained that indigenous people 
had only limited participation in decisions taken by the Government 
affecting their land, cultures, traditions, and allocation of national 
resources. They also criticized the Government for devoting 
insufficient resources to health care, other basic services, and 
protection of indigenous reserves from outsiders. Illegal mining, 
logging, and ranching were endemic on indigenous land.
    The National Indian Foundation was responsible for the coordination 
and implementation of indigenous policies. The President appoints the 
head of FUNAI; it was organized into 52 regions with directors 
appointed directly by the FUNAI president.
    The 1988 Constitution charged the Federal government with 
demarcating indigenous areas within 5 years. Reportedly, the Government 
had completed demarcation of almost all of the total area of recognized 
indigenous territory. At least 400 of the 600 recognized indigenous 
areas had reached the final registration stage, 136 remained to be 
demarcated legally, and 64 had yet to be processed. Identified 
indigenous territory constituted 12 percent of the national territory.
    The Constitution provides indigenous peoples with the exclusive 
beneficial use of the soil, waters, and minerals on indigenous lands; 
the Government administers the lands but was obliged to consider the 
views of the affected communities regarding development or use of the 
land, and the communities had the right to ``participate'' in the 
benefits gained from such use. However, legislation regulating mining 
on indigenous lands pending before the Congress since 1995 has never 
been passed.
    Many indigenous lands were exploited illegally by nonindigenous 
persons for mining, logging, and agriculture. Nonindigenous persons 
destroyed the environment and wildlife, spread disease and provoked 
violent confrontations. FUNAI acknowledged that it did not have the 
resources to protect indigenous lands from encroachment and depended on 
the federal police--an understaffed and poorly equipped agency--for law 
enforcement on indigenous lands.
    The Ministry of Public Health was responsible for delivery of 
mandated health care to indigenous people. According to health workers' 
unions, poor working conditions and lack of resources from the 
Government made it difficult for health workers to travel into 
indigenous areas to provide sufficient medical care. Due partly to the 
Government's failure to provide legally mandated medical care, 
indigenous people periodically suffered epidemics of malaria, measles, 
and tuberculosis; however, there were significant advances in 
indigenous health since 1999. For example, the incidence of registered 
cases of malaria among the Yanomami fell from 8.3 percent in January 
2000 to 0.3 percent in September 2001, while infant mortality dropped 
significantly, although it was still higher than in the general 
population.
    Human rights groups and the Human Rights Commission of the Chamber 
of Deputies criticized the alleged sexual abuse of members of 
indigenous groups by soldiers in army units stationed in Roraima State. 
The Minister of Defense denied the allegations, stating that any sexual 
relations that took place were consensual in nature and usually 
involved soldiers of indigenous origin.

    National/Racial/Ethnic Minorities.--Although the law prohibits 
racial discrimination, darker-skinned citizens frequently encountered 
discrimination.
    The U.N. Special Rapporteur on Torture noted that the majority of 
the victims of torture were of Afro-Brazilian descent (see Section 
1.c.). Research by the Institute of Applied Economic Research (IPEA) 
noted a disproportionately high rate of police killings of Afro-
Brazilians. Persons of color were five times more likely to be shot or 
killed in the course of a law enforcement action than were persons 
perceived to be white. The Sao Paulo police ombudsman claimed that the 
majority of victims in police killings were young black men from 
impoverished areas on the periphery of major cities.
    The law specifically prohibits, among other practices, denial of 
public or private facilities, employment, or housing to anyone based on 
race. The law also prohibits, and provides jail terms for the 
incitement of racial discrimination or prejudice and the dissemination 
of racially offensive symbols and epithets. The media reported arrests 
of several persons charged with using racial slurs during the year.
    A federal government quota system that went into effect in June 
required that at least 20 percent of new hires be Afro-Brazilian, 20 
percent women, and 5 percent persons with disabilities. There were 
exceptions; for example, the Ministry of Foreign Affairs will not 
automatically hire 20 percent Afro-Brazilians, but instead will offer 
scholarships to 20 Afro-Brazilians to help them prepare for the 
diplomatic exam.
    In its first 22 months of operation (through October), a hot line 
created by Rio de Janeiro State received slightly more than 800 
accusations of racist offenses, of which 104 were referred to the 
criminal justice system and 48 were being actively investigated or 
prosecuted.
    A study of 22 states, done at Sao Paulo's Pontifical Catholic 
University, showed that between 1995 and 2000, the authorities received 
1,050 discrimination complaints, of which 651 were investigated and 394 
were brought to trial; however, there were no convictions. The study 
noted that this record reflected the difficulty of proving acts of 
racism and demonstrated a lack of knowledge of the existing antiracism 
statutes on the part of lawmakers, public attorneys, judges, and 
lawyers.
    IPEA reported that citizens of African descent--constituting 
approximately 45 percent of the population--represented 60 percent of 
the poorest segment of society and received 7 percent of the national 
income. Studies also showed that rates of police torture, court 
convictions, child labor, illiteracy, and infant mortality were higher 
among citizens of African descent than among whites (see Section 1.c.).
    Education played a role in perpetuating racial disparities. The 
difference in average number of years of education between a black 
person and white person had not changed in 40 years. Approximately 60 
percent of Afro-Brazilians in the lowest social class had less than 3 
years of education, compared with 37 percent of whites. A 1999 IPEA 
study found that the illiteracy rate among Afro-Brazilians was 20 
percent, compared with 8 percent for whites and the national average of 
13 percent. Afro-Brazilians were not admitted to universities in large 
numbers, in part due to economic pressures and the low quality of 
public education. Only 5 percent of university students and 2.2 percent 
of university graduates were Afro-Brazilian.
    Some educational institutions and official entities instituted 
programs to narrow the educational gap between blacks and whites. The 
Steve Biko Institute in the city of Salvador provided extra classes to 
help 200 Afro-Brazilian students gain admission to universities in 
Bahia State; about 180 students were enrolled in the classes paying 
tuition of approximately $35 dollars (80 reais) per month. At least 
three nongovernmental projects helped Afro-Brazilians pass university 
entrance exams in Rio de Janeiro.
    In February the Governor of the Federal District, Joaquim Roriz, 
was accused of being a racist after comments made during a speech in 
the city of Brazlandia. Angered by Worker's Party protesters, Roriz 
asked the audience to boo Marinaldo Nascimento, whom he slurred with a 
racial epithet.
    Concern continued over the appearance of racist material on the 
Internet. In June the Sao Paulo State legislature and various NGOs 
requested that the Attorney General investigate who was responsible for 
disseminating neo-Nazi, racist, and discriminatory content on five 
Internet sites and submitted a 100-page document, providing examples of 
language inciting attacks on people of color and Jews in Sao Paulo, Rio 
de Janeiro, and Belem (Para), as well as a threat to set fire to the 
City Hall in Caxias do Sul (Rio Grande do Sul). The document cited 
texts exhorting the ``preservation of the pure race'' by means of 
violent attacks. The Attorney General's investigation continued at 
year's end.
    There was no further information regarding investigations into the 
threats two members of the Sao Paulo State assembly's Human Rights 
Committee reportedly received in 2000 from a group identifying itself 
as ``raca pura'' (pure race).
    Afro-Brazilian women were particularly disadvantaged by 
discrimination. An IPEA researcher found that women of African descent 
suffered discrimination in the work place: Nationwide, white men had an 
average monthly salary of about $269 (726 reais), white women $212 (573 
reais), Afro-Brazilian men $125 (337 reais), and Afro-Brazilian women 
$107 (289 reais). The study also found that white men had an 
unemployment rate of 7.3 percent, black men 11 percent, white women 
12.5 percent, and black women 16.5 percent.

Section 6. Worker Rights

    a. The Right of Association.--The Constitution and the Labor Code 
provide for union representation of all workers (except members of the 
military, the uniformed police, and firemen) but imposes a 
hierarchical, unitary system funded by a mandatory union tax on workers 
and employers. New unions must register with the Ministry of Labor and 
Employment, which accepts the registration if no objections are filed 
by other unions. Registration may be contested by other unions that 
represent workers in the same geographical area and professional 
category. In the case of such an objection, the MLE's Secretariat for 
Labor Relations has 15 days to consider the validity of the objection. 
If the objection is found to be valid, the MLE does not register the 
union and union organizers may challenge this decision in the labor 
courts.
    The 1988 Constitution stipulates certain restrictions, such as 
``unicidade'' (``one-per-city''), which limits freedom of association 
by prohibiting multiple, competing unions of the same professional 
category in a given geographical area. Most elements of the labor 
movement, as well as the International Confederation of Free Trade 
Unions (ICFTU), criticized the retention of unicidade.
    In practice a number of competing unions were allowed to exist 
among the thousands of local unions; however, the MLE and the courts 
actively enforced the principle of unicidade in decisions regarding the 
registration of new unions.
    Approximately 16 percent of the work force was unionized, but 
nearly twice this percentage was charged a mandatory union tax and also 
was covered by collective bargaining agreements (see Section 6.b.). 
Most informal sector workers, including self-employed workers and those 
not formally registered with the Labor Ministry, fell outside the 
official union structure. As a result, they did not enjoy union 
representation and were usually unable to exercise fully their labor 
rights. The informal sector grew rapidly over the previous decade and 
accounted for approximately half of the labor force. In the 
agricultural sector, 70 percent of workers were unregistered.
    The Ministry of Labor estimated that there were approximately 
11,000 unions across the country. Local unions legally may affiliate 
with state federations and national confederations in their 
professional category. Although the law makes no provision for central 
labor organizations that include multiple categories of workers, there 
were four major centrals: The Workers' Unitary Central (CUT), the Forca 
Sindical (Union Force or FS), the Workers' General Confederation (CGT), 
and the Social Democratic Union (SDS). Labor centrals channeled much of 
the political activity of the labor movement, organized strikes 
involving multiple categories, and represented workers in governmental 
and tripartite councils. Centrals did not have legal standing to 
represent professional categories of workers in collective bargaining.
    The Constitution prohibits government interference in labor unions. 
Unions and their leadership generally were independent of the 
Government and of the political parties; however, there were some 
exceptions. A number of labor leaders also held prominent positions in 
political parties. Labor organizations often formed alliances with 
political parties and social movements to advocate for specific issues. 
For example, the CUT joined with the National Conference of Bishops, 
the Landless Movement, and a variety of NGOs to conduct a national 
plebiscite on debt repayment in 2000 and to organize the World Social 
Forum in Porto Alegre in January 2001. The same forces organized a 
national ``plebiscite'' on participation in the Free Trade Agreement of 
the Americas during the year. The major union centrals had close 
relationships with left-of-center political parties and often 
coordinated actions with party leaders. The October elections 
demonstrated the closeness of these ties: FS leader Paulo Pereira da 
Silva (Paulinho) served as vice presidential candidate for Ciro Gomes, 
and CUT Metalworkers' president Roberto Marinho ran for Deputy Governor 
of Sao Paulo alongside Workers Party candidate Jose Genoino.
    There were no further developments in the police investigation into 
the November 2001 murder of Aldamir Carlos dos Santos, the president of 
Sintergia, the electrical workers' union in Rio de Janeiro.
    Intimidation and killings of rural labor union organizers and their 
agents continued to be a problem. The CPT reported that labor leaders 
were victimized by a campaign of violence in rural areas, with the 
perpetrators enjoying relative impunity (see Section 1.a.). Only 85 of 
the 1,222 killings of rural labor leaders and land reform activists 
registered by the CPT since 1985 came to trial, and only 8 persons were 
convicted. The CPT reported that 18 rural labor leaders were murdered 
through the first 8 months of the year.
    In July labor activist Jose Pinheiro Lima and his wife and son were 
killed near Maraba, Para. The authorities charged a landowner with 
ordering the deaths but released him from custody.
    Para continued to be the state with the most violence directed 
toward labor leaders. According to leaders of the National 
Confederation of Agricultural Workers, there was an organized campaign 
in Para State to kill rural labor leaders. Catholic Church sources 
reported that eight activists were killed in Para State in 2001, and 
through August there were six more killings, including those of MST 
leader Ivo Lindo do Carmo and union official Bartolomeu Morais de 
Silva. CPT leaders in Para State claimed that gunmen hired by estate 
owners committed most of these murders. They noted that those who hire 
gunmen had become more adept at hiding their participation and 
increasingly targeted labor leaders with significant experience in 
organizing and leading land appropriations.
    In May a local judge in Rio Maria, Para, ordered that a trial of 
two men (including the former mayor) charged with the 1985 murder of 
Joao Canuto, the first president of the local rural workers' union, 
should proceed; the trial had not started by year's end. Canuto's 
daughter, Luzia Canuto, received death threats as a result of the case.
    Human rights groups and land reform activists criticized a jury 
verdict in June in Paraiba absolving a landowner of guilt in the 1983 
slaying of rural labor leader Margarida Maria Alves. The case was also 
the subject of an action in the Inter-American Court of Human Rights.
    The Constitution prohibits the dismissal of employees who are 
candidates for or holders of union leadership positions. However, the 
authorities did not effectively enforce laws that protect union members 
from discrimination. Those who were dismissed often must resort to a 
lengthy court process for relief. Labor courts charged with resolving 
these and other disputes involving unfair dismissal, working 
conditions, salary disputes, and other grievances were slow and 
cumbersome. It was estimated that more than 3 million complaints 
languished in the labor court system at year's end. Although most 
complaints were resolved in the first hearing, the appeals process 
introduced many delays, and some cases remained unresolved for 5 to 10 
years. According to the Supreme Labor Court, over 2 million complaints 
were registered annually in labor courts.
    The Government sought to reduce this backlog and increase the 
efficiency of the courts. A 2000 law permits cases with relatively low 
monetary claims to be adjudicated in one meeting with a judge within 30 
days of the filing; another law promotes the formation of employee/
employer conciliation commissions designed to resolve grievances before 
they reach the labor courts. Approximately 1,400 such commissions 
operated, and approximately half of the complaints reaching labor 
courts could be handled with the expedited procedure. Nonetheless, 
lengthy delays remained frequent.
    Unions and centrals freely affiliated with international trade 
union organizations; the CUT, FS, and CGT were affiliated with the 
ICFTU.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides for the right of workers to organize and to 
engage in collective bargaining. Businesses and unions worked to 
improve collective bargaining by training negotiators, but many local 
representatives had not received this training and remained unprepared 
to represent members effectively in negotiations. The labor justice 
system, which may set wages and working conditions when negotiations 
break down and either party appeals to labor courts, continued to 
weaken collective bargaining. Although such appeals occurred less 
frequently than a decade ago, the possibility of a better result in 
labor courts still led to a lack of bargaining in good faith by parties 
in numerous negotiations.
    Collective bargaining was widespread in the formal sector. In the 
first 10 months of the year, 17,741 agreements were registered with the 
Ministry of Labor, compared with 21,963 agreements in all of 2001. The 
law obliges unions to negotiate on behalf of all registered workers in 
the professional category and geographical area they represent, 
regardless of whether an employee pays voluntary membership dues to the 
union. Unions typically negotiated with employer associations (also 
called unions) that represent companies with employees in the same area 
and occupational category.
    A 1995 regulation that ended inflation indexing of wages also 
allowed for mediation of wage settlements with consent of the parties 
involved and provided greater latitude for collective bargaining. Free 
mediation services were provided by the Ministry of Labor and the 
federal Labor Prosecutor's Office (MPT), and unions and employers also 
may choose a private mediator from a registry kept by the Labor 
Ministry. According to the MLE, in the first 10 months of the year, 
more than 8,000 collective bargaining agreements used mediation 
services, compared with over 10,000 in all of 2001.
    The Constitution provides workers with the right to strike, except 
for the military, police, and firemen. The law stipulates that a strike 
may be ruled ``abusive'' by labor courts and be punishable by law if a 
number of conditions are not met, such as maintaining essential 
services during a strike and notifying employers at least 48 hours 
before the beginning of a walkout. Failure to end a strike after a 
labor court decision is punishable by law. The Government generally did 
not interfere with the right to strike, provided that all laws were 
obeyed. Employers are prohibited from hiring substitute workers during 
a legal strike and from firing workers for strike-related activity 
provided that the strike is not ruled abusive. However, in practice, 
employers did fire strike organizers for reasons ostensibly unrelated 
to strikes, and legal recourse related to retaliatory discharge was 
often a protracted process.
    The number of strikes diminished in the past several years. During 
the year, teachers, health workers, port officials, transport workers, 
stevedores, health-care providers, and metalworkers all engaged in 
strikes.
    The Congress has not passed enabling legislation for labor code 
provisions permitting strikes in the public sector; however, in 
practice the Government seldom interfered with the right of government 
workers to strike. Numerous public sector unions at the federal, state, 
and local levels held strikes during the year to demand salary 
increases. According to the Interunion Department of Socioeconomic 
Studies and Statistics (DIEESE), the Federal government had not given a 
general salary increase to federal employees in 7 years, resulting in a 
significant erosion of real earnings. Public sector unions who struck 
during the year included social security workers, professors, judicial 
workers, and customs agents.
    In 2001 civil and uniformed police walked out in many states to 
demand salary increases and safer working conditions. While civil 
police are allowed to form unions and conduct strikes, uniformed police 
are prohibited from organizing.
    Labor law applies equally in the country's four free trade zones.

    c. Prohibition of Forced or Bonded Labor.--The Constitution 
prohibits forced or bonded labor, including by children; however, 
forced labor and trafficking of workers were reported in the majority 
of states (see Section 6.f.). The practice occurred most commonly in 
the rural north and central west of the country, in activities such as 
forest clearing, logging, charcoal production, raising of livestock, 
and agriculture. Forced labor typically involved young men drawn from 
the impoverished northeast, but women and children also were engaged in 
activities such as charcoal production. Children involved in forced 
labor typically worked alongside their parents. Although indigenous 
people constituted a small percentage of the overall population, they 
were especially vulnerable to forced labor schemes when separated from 
their communities (see Section 5). Labor inspectors also found 
immigrants working in conditions of forced labor in Sao Paulo. 
According to government officials, Bolivian, Korean, and Chinese 
laborers were exploited in urban sweatshops under conditions that may 
involve fraud or coercion.
    The CPT estimated that approximately 15,000 workers were trapped in 
forced labor schemes throughout the country, although it acknowledged 
that the hidden nature of the practice made estimates inexact. Labor 
intermediaries (``gatos'') trafficked most forced laborers to the 
remote estates where they worked (see Section 6.f.). At the worksite, 
laborers were forced to work in brutal conditions until they repaid 
inflated debts related to the costs of travel, tools, clothing, or 
food. Armed guards sometimes were used to retain laborers, but the 
remoteness of the location, confiscation of documents, and threats of 
legal action or physical harm usually were sufficient to prevent 
laborers from fleeing. The CPT reported that fleeing workers were 
killed or beaten to set an example to others at the worksite. Dire 
poverty, low levels of education, and workers' lack of awareness about 
their rights contributed to their vulnerability to forced labor 
schemes. The MLE reported that nearly 80 percent of forced laborers had 
no official documentation and that most were illiterate.
    The Penal Code provides that violators of forced or compulsory 
labor laws may be sentenced up to 8 years in prison. The law also 
provides penalties for various crimes related to forced labor, such as 
recruiting, transporting, or obliging workers to incur debt as part of 
a forced labor scheme (see Section 6.f.). However, the ILO expressed 
concern that the effective abolition of forced labor was hindered by 
failure to impose effective penalties, the impunity of those 
responsible, delays in judicial procedure, and the absence of 
coordination between the various government bodies. The law allows the 
Government to expropriate lands on which forced labor has been found 
and to distribute the property in the Government's land reform program; 
however, these provisions rarely were applied, in part because the 
Government must compensate landowners for seized lands, sometimes at 
values that were criticized for being overly generous. Enabling 
legislation for the constitutional provision allowing confiscation of 
land on which forced labor is discovered remained under consideration.
    Violators of forced labor laws enjoyed virtual impunity. There were 
only 26 arrests and 3 convictions in the nearly 5,000 instances of 
forced labor uncovered by inspection teams since 1995. Those convicted 
were freed on appeal or sentenced to do community service. Factors 
contributing to this record included: Disputes over legal jurisdiction; 
a lack of a clear definition of forced labor in the Penal Code; local 
political pressure; weak coordination among the police, the judiciary, 
and prosecutors; the remoteness of areas in which forced labor is 
practiced; witnesses' fear of retaliation; and police failure to 
conduct criminal investigations when accompanying labor inspectors on 
raids. The ILO, ICFTU, Anti-Slavery International, and the Pastoral 
Land Commission found that the current system did not effectively 
penalize those who exact forced labor. A complaint has been lodged with 
the OAS against the Government for negligence in investigating forced 
labor in the Brazil Verde estate. A number of ranchowners and 
employers, although cited repeatedly for using forced labor schemes, 
received only token sentences.
    However, there were exceptions to the impunity: In November a labor 
court judge in Para fined a plantation owner approximately $18,000 
(60,000 reais) for using forced labor. It was the first time that a 
farmer had been fined on the basis of the damage he caused to the 
workers. The president of the Supreme Labor Court, Francisco Fausto, 
praised the decision of the Regional Labor Court, noting that forced 
labor would be ended only by the application of such sanctions.
    The Executive Group to Combat Forced Labor (GERTRAF) coordinated 
the Government's efforts to eliminate forced labor since 1995. GERTRAF 
is chaired by the Ministry of Labor and Employment, and it includes 
representatives from seven ministries, unions, employers, and NGOs. In 
December 2001, the President appointed a special advisor on forced 
labor issues, and the Secretariat for Human Rights of the Justice 
Ministry created a parallel commission to develop recommendations to 
improve the enforcement of laws on forced labor and child labor. During 
the year, the MPT and the Brazilian Bar Association established forced 
labor commissions. Prosecution of forced labor cases is the 
responsibility of the Federal Prosecutor's Office, but the MPT also may 
become involved in investigating such cases (see Section 6.f.).
    GERTRAF's enforcement arm--the Special Group for Mobile 
Inspection--had responsibility for locating and liberating workers 
trapped in forced labor. The mobile unit worked in conjunction with 
federal police officers, who accompanied labor inspectors on raids to 
provide protection. When mobile teams found workers in conditions of 
forced labor, they levied fines on estate owners and required employers 
to provide back pay and benefits to workers before returning the 
workers to their municipalities of origin. In October labor inspectors 
in the mobile unit received death threats while conducting raids in 
Para State.
    Through August the mobile group had located approximately 1,600 
forced laborers, exceeding the number of liberated workers for any 
previous full year of operation. Forced laborers were found during the 
year in activities including deforestation, logging, mining, raising 
livestock, and harvesting sugarcane, coffee, cotton, papayas, pepper, 
and soybeans. In March the mobile unit found 53 workers toiling in 
conditions of forced labor on a ranch owned by a leading member of the 
federal Chamber of Deputies. Although the Labor Minister issued a 
statement exonerating the politician, subsequent testimony revealed the 
use of debt servitude on the ranch. The MPT forwarded the case to the 
Attorney General and also filed a civil suit against the politician for 
damages equaling about $5,800 (20,000 reais) per worker. In another 
major raid in October, the mobile unit liberated 180 workers, including 
30 children, working on a black pepper ranch in Para State.
    Despite its efforts, the mobile unit had only a limited impact on 
the incidence of forced labor. The CPT, whose network of local churches 
was responsible for the vast majority of forced labor complaints 
reaching the mobile unit, reported that forced labor may actually be 
growing. The CPT noted that the number of raids by the mobile unit 
remained relatively constant in the past 3 years, while the number of 
liberated workers had grown significantly, revealing an increase in the 
number of forced laborers per ranch. In Para State, where most forced 
labor was found, the CPT received complaints of approximately 3,200 
cases of forced labor on 80 ranches through September, nearly three 
times the total for all of 2001. The mobile unit reportedly was unable 
to keep up with the increase in forced labor complaints due to 
insufficient resources and the cost and time required to mount an 
operation. The mobile unit encountered resistance from local 
authorities, including from the local bureaus of the Labor Ministry, in 
a number of states.
    Poverty and a lack of viable alternatives led many workers 
repeatedly to fall prey to trafficking and forced labor schemes. In 
October the Government moved to end this cycle by instituting a measure 
that allows workers freed from forced labor schemes to receive three 
installments of unemployment insurance equal to the minimum wage--
approximately $57 (200 reais) per month--and to be eligible for job 
training. To educate rural workers about the dangers of forced labor, 
the CPT ran an informational campaign in which it distributed pamphlets 
to rural workers in areas targeted by traffickers (see Section 6.f). In 
some states, local unions registered and tracked workers who left the 
municipality to work on remote ranches. The National Confederation of 
Agricultural Workers' radio programs also educated rural workers about 
forced labor.
    In March the ILO officially established a program to support 
governmental efforts to fight forced labor through improved interagency 
cooperation, strengthened enforcement, heightened public awareness, 
training for relevant government agencies, and the provision of 
additional resources to the Government. The ILO program had already 
contributed to increased discussion of forced labor through a number of 
seminars and workshops.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law restricts work that may be performed by children; 
however, child labor was a widespread problem despite government 
efforts to combat it. The minimum working age is 16 years of age, and 
apprenticeships may begin at 14. The law bars all minors under age 18 
from work that constitutes a physical strain or from employment in 
nocturnal, unhealthy, dangerous, or morally harmful conditions. 
However, the authorities rarely enforced additional legal restrictions 
intended to protect working minors under age 18.
    The law requires permission of the parents for minors to work as 
apprentices, and apprentices must attend school through the primary 
grades. Because the legal working age is 16, the Government sought to 
increase the number of apprenticeships to provide more opportunities to 
14- and 15-year-olds. A 2000 law expands apprenticeship programs by 
allowing a wider range of enterprises to participate.
    According to government figures, the number of working children age 
14 and under decreased from 2.97 million in 1999 to 2.23 million in 
2001. The largest decline was in the 10- to 14-year-old age group. The 
percentage of children who worked in the 5 to 14 age group dropped from 
9 percent in 1999 to 6.8 percent 2 years later. Approximately half of 
child laborers received no income, and 90 percent worked in the 
unregistered informal sector. The highest incidence of child labor was 
found in the northeast, where half of all child workers were employed. 
Slightly over half of child laborers worked in rural areas, and two-
thirds were boys.
    The Labor Ministry reported that children worked in approximately 
100 rural and urban activities. Common rural activities included 
fishing, mining, raising livestock, producing charcoal, and harvesting 
sugarcane, sisal, tobacco, cotton, citrus fruits, and a variety of 
other crops. In urban areas, children worked in shoe shining, 
transportation, construction, restaurants, street peddling, begging, 
drug trafficking and prostitution (see Section 5). The ILO estimated 
that approximately 500,000 children and adolescents worked as domestic 
servants and that 20 percent of 10- to 14-year-old girls worked as 
domestics. Most of these workers received less than half the minimum 
wage and worked in excess of 40 hours a week.
    The hidden and informal nature of child labor made children 
especially vulnerable to workplace accidents. For instance, children 
who produced charcoal, sisal, sugarcane, and footwear suffered from 
dismemberment, gastrointestinal disease, lacerations, blindness, and 
burns caused by applying pesticides with inadequate protection.
    The Ministry of Labor and Employment was responsible for inspecting 
worksites to enforce child labor laws. These efforts were guided 
regionally by Special Groups for the Eradication of Child Labor, which 
gathered data and developed plans for child labor inspection. Still, 
most inspections of children in the workplace were driven by complaints 
brought by workers, teachers, unions, NGOs, and the media. Through the 
first 8 months of the year, approximately 3,250 inspectors conducted 
over 19,500 inspections that reached workers under 18 years of age. 
Labor inspectors continued to prioritize inspections in the informal 
sector to reduce the number of unregistered workers, but they remained 
unable to enter private homes and farms, where much of the nation's 
child labor was found. In most cases, inspectors attempted to reach 
agreements and to have employers desist from labor law violations 
before levying fines of $115 (400 reais) per violation. As a result, 
few employers were actually fined for employing children.
    Labor Ministry inspectors often worked closely with labor 
prosecutors from the MPT, who had broader powers and were able to 
impose larger fines. The MPT--an independent government agency 
responsible for prosecuting labor infractions--had a national 
commission to fight child labor. The commission included 50 prosecutors 
and focused on strategic areas including sexual exploitation, trash-
picking, apprenticeships, and work in a family setting. The commission 
allowed the Ministry of Labor to be more responsive to complaints 
regarding child labor and to encourage public commitments from 
officials to address child labor.
    The Ministry of Social Security and Assistance coordinated the 
Government's Program for the Eradication of Child Labor (PETI), which 
provided cash stipends to low-income families who kept their children 
in school and out of work. This program was the Government's primary 
effort to end the worst forms of child labor. Because the public school 
day lasts only 4 hours, PETI emphasized complementary educational 
activities for children during nonschool hours as an alternative to 
working. PETI assisted approximately 800,000 children in all 26 states 
and the federal capital during the year, focussing on removing children 
from work activities considered to be among the most hazardous by the 
Government. Although the program concentrated on rural areas, it had 
also grown rapidly in urban areas.
    To prevent child labor and promote education, the Federal 
government also continued to expand its Bolsa Escola (School Stipend) 
program. The program provided mothers of low-income families with 
stipends of $4 (15 reais) per child between the ages of 6 and 15, up to 
a total of 3 children per family. To receive the stipend, the child's 
monthly school attendance rate must be 85 percent. The Ministry of 
Education coordinated the Bolsa program, but responsibility for day-to-
day management fell largely on municipal governments. At year's end, 
the program provided stipends to the mothers of approximately 9 million 
children in over 5,000 municipalities. In addition to the federal 
program, an estimated 100 municipal governments operated stipend 
programs, including Belem, Campinas, Belo Horizonte, Manaus, Olinda, 
and Recife.
    In order fully to comply with ILO conventions on the minimum age 
for work and on the eradication of the worst forms of child labor, in 
September the Minister of Labor created the National Commission to 
Eradicate Child Labor, which was developing a comprehensive national 
child labor plan to strengthen child labor eradication efforts.
    Civil society supported the Government's child labor elimination 
programs. For example, the National Forum for the Prevention and 
Eradication of Child Labor--with chapters in every state and over 40 
institutional members from government and the private sector--promoted 
debate and broad analysis of national child labor prevention efforts. 
The Centers for the Defense of Children and Adolescents also were 
active in many parts of the country and reported violations of 
children's rights and implemented eradication programs (see Section 5).
    The private sector and unions also played a major role in fighting 
child labor. The Toy Industry's ABRINQ Foundation for Children's Rights 
operated a labeling program that identified companies with child-
friendly policies and a commitment to eliminate child labor. The 
Foundation also fostered prochild initiatives through its awards 
programs for organizations, journalists, and mayors. The Pro-Child 
Institute in Sao Paulo State coordinated a labeling program in the 
footwear industry. The Institute helped to reduce instances of child 
labor in footwear production in the state. All major labor centrals 
implemented programs to educate union members about the hazards of 
child labor and encouraged members to report instances of child labor 
to authorities.
    The ILO's Program on the Elimination of Child Labor focused on 
capacity building, awareness raising, research promotion, and the 
incorporation of income generating schemes and monitoring systems in 
child labor prevention programs. The ILO also coordinated a program to 
reduce sexual exploitation of children and child labor in domestic 
service (see Section 5). UNICEF supported over 200 programs to improve 
the lives of children and since 1999 has helped to remove over 13,000 
children from work in garbage dumps and place them in schools, in part 
by providing scholarships to families and helping adults in those 
families find other forms of income generation.

    e. Acceptable Conditions of Work.--The Government adjusts the 
minimum wage annually; in April it was raised from $51 to $57 (from 180 
to 200 reais), which was not sufficient to provide a decent standard of 
living for a worker and family. A 2000 study by the DIEESE concluded 
that the minimum wage was about one-fifth of the salary necessary to 
support a family of four in the Sao Paulo metropolitan area. The IBGE 
estimated that approximately one in three workers earned the minimum 
wage or less.
    The Constitution limits the workweek to 44 hours and specifies a 
weekly rest period of 24 consecutive hours, preferably on Sundays. The 
law also includes a prohibition on excessive overtime and stipulates 
that hours worked above the weekly limit must be compensated at a rate 
equal to time and a half; these provisions generally were enforced in 
the formal sector. The law allows employers to compensate workers with 
time off rather than with overtime pay, provided that the local union 
agrees to the arrangement.
    Unsafe working conditions were prevalent throughout the country. 
While workplace accidents dropped by 6 percent in 2001, there were 
still nearly 340,000 such accidents. The number of workplace deaths due 
to accidents dropped by more than one-third, to slightly over 2,500. 
The Ministry of Labor sets occupational, health, and safety standards, 
which are consistent with internationally recognized norms. However, 
the Ministry devoted insufficient resources for adequate inspection and 
enforcement of these standards. Employees or their unions may file 
claims related to worker safety with regional labor courts, although in 
practice this was frequently a protracted process. According to the 
Ministry of Labor, the most dangerous industries in the country were 
logging, mining (including oil drilling), construction, and oil 
refining.
    The law requires employers to establish internal committees for 
accident prevention in workplaces. It also protects employee members of 
these committees from being fired for their committee activities. 
However, such firings did occur, and legal recourse usually requires 
years before resolution. The MPT reported during the year that numerous 
firms used computerized records to compile ``black lists'' identifying 
workers who had filed claims in labor courts. Individual workers did 
not have the legal right to remove themselves from the workplace when 
faced with hazardous working conditions; however, workers could express 
such concerns to an internal committee for an immediate investigation.

    f. Trafficking in Persons.--The law prohibits the transport of 
persons for illicit reasons within and outside the country; however, 
trafficking in persons primarily from and within the country was a 
problem. Internal trafficking of rural workers into forced labor 
schemes was a serious problem, while trafficking from rural to urban 
areas occurred to lesser extent (see Section 6.c.). Although 
comprehensive government statistics on the problem were unavailable, 
authorities estimated that thousands of women and adolescents were 
trafficked, both domestically and internationally, for commercial 
sexual exploitation. Labor inspectors also found a small number of 
persons from other countries trafficked to work in urban sweatshops.
    The NGO CECRIA's June report on trafficking in persons for 
commercial sexual exploitation--drawing on police, media, and other 
sources--identified over 130 sex trafficking routes, including 109 
domestic routes (see Section 5). Domestic routes included: From Goias 
State to Sao Paulo and Rio de Janeiro; from rural areas in the north 
and northeast to coastal cities for sexual tourism; and from small 
towns in the north to outposts in the Amazon region where itinerant 
workers often transit. CECRIA's report also identified trafficking 
routes of children for sexual exploitation from the southern region of 
the country into Argentina and Paraguay. The survey also called 
attention to sex trafficking to areas with major development projects. 
Internationally, Spain was the destination of most identified routes 
(32), followed by the Netherlands (11), Venezuela (10), Italy (9), 
Portugal (8), and Paraguay (7). The report indicated that many sex 
trafficking routes were closely related to arms and drug trafficking 
routes.
    CECRIA found that the typical sex trafficking victims were darker-
skinned women between 15 and 27 years of age, but researchers also 
noted the presence of adolescent boys as victims, some of whom worked 
as transvestites. Persons who fell prey to trafficking schemes 
typically came from low-income families and usually had not finished 
high school. Traffickers often lured victims with promises of lucrative 
work as dancers or models in Europe; beauty contest winners were cited 
as common targets. Girls were recruited at clubs and modeling agencies, 
or through the Internet, want ads, mail-order bride schemes, and maid 
and au pair services. Most women who were trafficked internationally 
were older than 18, but younger victims were also trafficked with 
falsified documents.
    Police officials believed that most women who were recruited by 
trafficking organizations understood that they were to work as 
prostitutes, but they did not know about working conditions and their 
prospective earnings. In other cases, women were told that they would 
work as nannies or domestic workers. Upon arrival, the victims' 
passports were often confiscated and they were forced to prostitute 
themselves and live in virtual confinement. In addition to threatening 
physical violence, traffickers often used debt and isolation to control 
the victims.
    In addition to sex trafficking, the other major type of trafficking 
was the internal trafficking of workers into forced labor schemes. This 
typically occurred when employers recruited laborers from poor, rural 
towns and transported them to remote areas where escape was difficult. 
Workers were then obliged to toil in brutal conditions until they were 
able to repay inflated debts (see Section 6.c.). Union leaders claimed 
that nearly all of the 15,000 people estimated to be working as forced 
laborers had been trafficked by labor recruiters. The ILO cooperated 
with the Government, unions, and the CPT to construct a data base for 
use in recording and combating trafficking.
    The Penal Code establishes a prison sentence of 3 to 8 years for 
transporting women in or out of the country for the purposes of 
prostitution, but it does not directly address the substantial internal 
trafficking of women. The Statute on Children and Adolescents provides 
some regulations on the matter by requiring the permission or presence 
of both parents for children to leave the country; it also prohibits 
children from leaving the country with a foreigner unless previous 
approval is given by the authorities. Still, local activists claimed 
that laws on trafficking for exploitation were open to interpretation 
and difficult to enforce, especially in relation to domestic 
trafficking. They called for comprehensive legislation to aid in 
prosecution of traffickers.
    Laws regarding trafficking for forced labor present similar 
shortcomings, and activists advocated legislation to define more 
clearly modern forms of slave labor, such as the use of fraud and debt 
servitude. A 1998 Penal Code Amendment provides that traffickers may 
receive a fine and prison sentences of 1 to 3 years, which may be 
increased if the victim is under 18, a senior citizen, pregnant, a 
person with disabilities, or a member of an indigenous group. 
Nevertheless, disputes regarding legal jurisdiction contributed to the 
Government's failure to prosecute labor traffickers effectively.
    Laws on forced labor and domestic trafficking were not enforced 
effectively. Although labor inspectors had identified 5,000 instances 
of forced labor since 1995--nearly all of which involved traffickers--
only 3 people had been convicted for related crimes (see Section 6.c.). 
Factors impeding such arrests included: The mobility of labor 
contractors, lack of training for police officers, and the potential 
witnesses' fear of reprisal and inability to remain in the area to 
testify. In most cases, police officers accompanying mobile inspection 
teams did not conduct investigations, thus hampering prosecutors' 
efforts to build strong cases. Federal prosecutors and NGOs also 
reported that corruption among state police often impeded the 
apprehension of traffickers. However, in November federal police in 
Tocantins State arrested 5 men for trafficking 190 rural workers to 
ranches in Para State.
    The Federal Highway Police were responsible for checking documents 
and monitoring movement along highways and roads. In a limited number 
of cases, they were involved in apprehending suspected traffickers. 
Federal and state police monitored the Internet to detect on-line 
recruitment by sex traffickers, and at least one prosecution for such 
an offense occurred due to a complaint from an NGO (see Section 2.a.).
    Police officers reported difficulty in capturing and incarcerating 
traffickers because of the need to apprehend them in the act of 
traveling with the victims. In addition, most women who left the 
country with traffickers did so willingly. Fear of reprisals also kept 
victims from seeking police intervention or from testifying against 
traffickers. As a result, few trials involving traffickers resulted in 
convictions. CECRIA reported that only 10 of the 36 trafficking cases 
dealt with by federal courts in Rio de Janeiro and Sao Paulo in recent 
years went to trial, with only 2 convictions.
    In June 2001, federal police in Rio de Janeiro uncovered a 
trafficking scheme responsible for taking men and women to Japan to 
work as prostitutes. During the investigation, the police found 
evidence implicating Japanese organized crime in trafficking other men 
and women to Japan from Rio de Janeiro and Sao Paulo. Interpol 
cooperated with investigations in the case, but there were no major 
developments by year's end.
    The Government coordinated several antitrafficking programs, 
including public information campaigns, a Ministry of Justice 
initiative against sexual exploitation, and the inclusion of 
trafficking as a priority area in the National Plan to Combat Sexual 
Exploitation of Children (see Section 5). A Ministry of Justice 
antitrafficking program undertaken in December 2001 in collaboration 
with UNDCP focused on constructing networks and opening six reference 
centers to receive trafficking complaints and provide assistance to 
victims. This program and other government efforts to combat 
trafficking in persons suffered from a lack of interagency cooperation 
and a severe shortage of funding (see Section 5).
    Rio de Janeiro State had centers to provide assistance to female 
victims of violence, and NGOs helped women who were victims of abuse 
(see Section 5). In October the Government announced an agreement with 
a foreign donor to strengthen the country's network to combat the 
sexual exploitation of children.
    NGOs played a vital role in efforts to halt trafficking. The 
Humanitarian Center to Support Women in Salvador, Bahia, sponsored 
research and coordinated a campaign to educate girls and women about 
the risks of being trafficked abroad. The Brazilian Multiprofessional 
Association for the Protection of Children and Adolescents managed a 
number of programs in Rio de Janeiro aimed at protecting youth from 
trafficking and domestic and sexual abuse and operated a national hot 
line on sexual exploitation.
                               __________

                                 CANADA

    Canada is a constitutional monarchy with a federal parliamentary 
form of government. Citizens periodically choose their representatives 
in free and fair multiparty elections. Jean Chretien began his third 
consecutive term as Prime Minister in November 2000; his Liberal Party 
had a majority of 172 of 301 seats in Parliament. The judiciary is 
independent.
    Elected civilian officials control the federal, provincial, and 
municipal police forces. The armed forces have no role in domestic law 
enforcement except in national emergencies. Laws requiring the security 
forces to respect human rights are observed strictly, and the courts 
punish violators.
    The country has a highly developed, market-based economy and a 
population of approximately 31.4 million. Laws extensively protect the 
well-being of workers and provide for workers' freedom of association.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provide effective means for dealing 
with individual instances of abuse; however, there were problems in 
some areas. Problems include discrimination against women, persons with 
disabilities, and aboriginal people. There was an increase in the 
number of reported incidents of anti-Semitic and anti-Muslim 
harassment. The Government continued to take serious steps to address 
private acts of violence against women. Trafficking of persons into the 
country, including trafficking for purposes of prostitution, was a 
growing problem. Canada 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.
    In June 2001, an off-duty Royal Canadian Mounted Police (RCMP) 
officer shot and killed his former girlfriend and injured three other 
persons riding in a car with her. The authorities immediately arrested 
him and charged him with murder and attempted murder. His case was 
pending at year's end.
    The trial of four Toronto policemen charged with manslaughter for 
the death of a suspect whom they beat while taking him into custody in 
2000 is scheduled to begin in September 2003.
    The RCMP completed an inquiry into the deaths of four aboriginal 
men in Saskatoon, Saskatchewan, in 2000. Two of the men were found 
frozen to death in an isolated area on the outskirts of Saskatoon, and 
the other two died at or near their homes shortly after being released 
from police custody. The RCMP found no basis for any criminal charges; 
local authorities conducted coroner's inquests in October 2001 and in 
January, which found no evidence of criminal conduct in the freezing 
deaths. The coroner's jury, however, made a series of recommendations 
to the RCMP for handling future cases (see Section 1.c.).

    b. Disappearance.--There were no reports of politically motivated 
disappearances.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and the Government 
generally observed these prohibitions in practice; however, there were 
isolated incidents of police mistreating suspects.
    In June 2001, two Saskatoon city police officers were found guilty 
of the charge of illegal confinement after they left an aboriginal man 
on the outskirts of the city in subzero temperatures without adequate 
clothing. The officers were fired and sentenced to 8 months in jail. 
They were free on bail while they appealed their conviction. Two 
aboriginal men were found dead in the same area around the same time, 
but a coroner's inquest did not find evidence of criminal conduct in 
those deaths. In response to these deaths and the arrest of the 
Saskatoon city police officers, the province of Saskatchewan formed a 
3-year commission to study justice issues of aboriginal people.
    The military continued to receive complaints from women serving in 
the armed forces who charged that they were subject to sexual abuse, 
harassment, and discrimination. An armed forces grievance board that is 
independent of the military chain of command began operations in June 
2000. In addition, other mechanisms established by the Government to 
address such complaints, including the Advisory Board on Canadian 
Forces Gender Integration and Employment Equity and an Ombudsman in the 
Department of National Defense, continued to operate. As of November 1, 
the Ombudsman had received seven sexual assault complaints, three 
sexual harassment complaints, and three gender discrimination 
complaints.
    Prison conditions generally met international standards, and the 
Government permitted visits by independent human rights monitors.

    d. Arbitrary Arrest, Detention, or Exile.--The law prohibits 
arbitrary arrest, detention, or exile, and the Government generally 
observed these prohibitions in practice. Bail was generally available.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected this 
provision in practice. The judiciary provides citizens with a fair and 
efficient judicial process and enforced the right to a fair trial.
    The court system is divided into federal and provincial courts, 
which handle both civil and criminal matters. The highest federal court 
is the Supreme Court, which exercises general appellate jurisdiction 
and advises on constitutional matters.
    The judicial system is based on English common law at the federal 
level as well as in most provinces; in the province of Quebec, it is 
derived from the Napoleonic Code. Throughout the country, judges are 
appointed. In criminal trials, the law provides for a presumption of 
innocence and the right to a public trial, to counsel (which is free 
for indigents), and to appeal. The prosecution also may appeal in 
certain limited circumstances.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law generally prohibits such practices, government 
authorities generally respected these prohibitions in practice, and 
violations were subject to effective legal sanction.
    In December 2001, Parliament passed an antiterrorism bill that 
expanded police investigative and wiretapping powers. Federal and 
provincial authorities did not use the provisions of the bill that 
allow the Government to make preventative arrests of suspected 
terrorists and to conduct investigative hearings. There were no court 
challenges to the bill or complaints made to human rights commissions 
concerning its application.

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 Supreme Court has ruled that the 
Government may limit free speech in the name of goals such as ending 
discrimination, ensuring social harmony, or promoting gender equality. 
The Court ruled that the benefits of limiting hate speech and promoting 
equality are sufficient to outweigh the freedom of speech clause in the 
Charter of Rights and Freedoms.
    Journalists occasionally were banned from reporting some specific 
details of court cases until the trials were concluded, and these 
restrictions, adopted to ensure the defendant's right to a fair trial, 
enjoyed wide popular support. Some restrictions on the media are 
imposed by provincial-level film censorship, broadcasters' voluntary 
codes curbing graphic violence, and laws against hate literature and 
pornography. The Charter of Rights and Freedoms provides for free 
speech and free press, but both the Criminal Code and human rights 
legislation have established limits. Inciting hatred (in certain cases) 
or genocide is a criminal offense. The Supreme Court has set a high 
threshold for such cases by specifying that these acts must be proven 
to be willful and public. The Broadcasting Act, which prohibits 
programming containing any abusive comment that would expose 
individuals or groups to hatred or contempt, has not yet been 
challenged in the courts.
    The Human Rights Act also prohibits repeated telephone 
communications that expose a person or group to hatred or contempt. The 
Canadian Human Rights Tribunal found that the Internet falls under this 
act. In January the Tribunal ruled that the law prohibited the 
operation of an anti-Semitic hate-site. In August the Tribunal made a 
similar finding, ordering an Internet hate-site targeting homosexuals 
to cease operating.
    The Government did not restrict access to the Internet.
    The Government did not restrict academic freedom.

    b. Freedom of Peaceful Assembly and Association.--The Charter of 
Rights and Freedoms provides for these rights, and the Government 
generally respected them in practice.

    c. Freedom of Religion.--The Charter of Rights and Freedoms 
provides for freedom of religion, and the Government generally 
respected this right in practice.
    Religious groups are not required to register with the Government.
    Public funding for Roman Catholic schools--or separate schools--is 
constitutionally protected in the country's original four provinces, 
but the policy has been challenged in recent years. In 1999 the U.N. 
Human Rights Committee found that the province of Ontario had failed to 
provide equal and effective protection against discrimination. In June 
2001, the Ontario provincial legislature passed a graduated tax credit 
plan for parents of children attending all private schools, removing 
the historical limitation that provided such credits only in regard to 
Roman Catholic schools. The plan's 5-year phase-in began during the 
year.
    There were a number of reports of harassment of religious 
minorities.
    The League for Human Rights of B'nai Brith in Canada reported 197 
incidents of anti-Semitism in the first 6 months of the year, compared 
with 286 incidents in all of 2001. Twelve of the reported incidents 
were violent; 121 were cases of harassment, and 64 were reports of 
vandalism. In April a synagogue in Saskatchewan and another in Ontario 
were set on fire. On May 19, a pipe bomb damaged the only Jewish 
synagogue in Quebec City. Approximately 75 percent of the incidents 
occurred in Toronto and Montreal, with other cases scattered across the 
country.
    Some fundamentalist Christian groups' child disciplinary practices 
came under close scrutiny by the Government. In October a former nun 
and founding member of a religious commune on Prince Edward Island was 
convicted of assaulting five children by beating them with a wooden 
rod. In July 2001, Ontario authorities removed seven children from 
their parents' custody after provincial authorities reported the 
children showed signs of heavy corporal punishment. The parents belong 
to the Christian fundamentalist Church of God (affiliated with the 
Mennonites), which advocates use of belts and sticks in disciplining 
children. The children were returned to their parents' custody subject 
to provincial supervision.
    In May 2001, a Muslim chaplain filed suit in federal court against 
an Ontario provincial judge who ejected him from the courtroom in 1993 
for wearing a Muslim cap. The chaplain's initial complaints filed with 
Canadian Judicial Council, provincial and federal human rights 
commissions were dismissed because the law gives judges immunity from 
human rights laws. In November 2001, the federal district court 
dismissed the case. The federal appeals court heard the chaplain's 
appeal on October 31 and declined to order the Judicial Council to 
reopen the chaplain's complaint.
    The number of reported incidents of Muslim harassment increased. In 
a survey on Muslim life post-September 11, 60 percent of the 
respondents said that they had experienced some form of discrimination 
because of their religion. The Government strongly and publicly urged 
the population to refrain from prejudice against Muslims or other 
persons on the basis of their religious beliefs, ethnic heritage, or 
cultural differences. Police forces investigated and discouraged anti-
Muslim actions.
    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 standards 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 and extended first asylum. Canada 
is a resettlement country, and the Government projected that it would 
approve approximately 29,000 claims for refugee status during the year; 
as of August, 18,380 such claims had been approved.
    In January the Supreme Court ruled that refugees facing torture in 
their home countries generally cannot be deported there, unless 
evidence shows that their continued presence poses a serious threat to 
national security. In June an Iranian suspected of being a trained 
government assassin was deported to Iran after claiming, but failing to 
show, that he faced a serious risk of torture upon return. The case of 
a Sri Lankan suspected of being a fundraiser for the Tamil Tigers who 
claimed that he would be tortured upon return to Sri Lanka remained 
pending after being remanded by the Supreme Court back to the Minister 
of Immigration. During the year, the country signed a ``safe third 
country'' agreement on refugees to return aliens previously resident in 
the United Sates to that country for adjudication of asylum. Human 
rights and immigrant groups criticized the agreement, which enters into 
force in 2003.

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 2000, the last general election, the Liberal Party won 
a majority with 172 of 301 seats in the national parliamentary 
elections. The Canadian Alliance (conservative) won 66 seats, the Bloc 
Quebecois (separatist) won 38 seats, the New Democratic Party (liberal) 
won 13 seats, and the Progressive Conservative Party (conservative) won 
12 seats. In August Jean Chretien of the Liberal Party announced his 
intention to step down as Prime Minister in February 2004. New 
elections will be held sometime between then and November 2005.
    The governing party in the province of Quebec continued to maintain 
that Quebec has the right to withdraw from the Confederation if that 
decision proves to be the democratically expressed will of the 
residents of Quebec. The Supreme Court ruled in 1998 that a unilateral 
declaration of independence would be illegal, but that the Federal 
government and other provinces would be obligated to negotiate Quebec's 
separation if a clear majority of Quebecois voted to change their 
relationship with Canada on the basis of a clearly phrased referendum 
question. However, after the second defeat of a referendum in 1995, 
public support for holding another referendum has declined.
    There are no laws limiting the participation of women or minorities 
in political life. In the Parliament, 63 of 301 members in the House of 
Commons were women, and 4 members were of aboriginal (Inuit, North 
American Indian, or Metis) origin. Of 105 senators, 31 were women and 6 
were of aboriginal origin. Women held 10 seats in the 36-person 
Cabinet. In 1999 a woman was appointed for the first time as Chief 
Justice of the Supreme Court. The Governor General is a woman.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of human rights groups operated without government 
restriction, investigating and publishing their findings on human 
rights cases. Government officials were very cooperative and responsive 
to their views.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Charter of Rights and Freedoms provides for equal benefits and 
protection of the law regardless of race, national or ethnic origin, 
color, sex, age, or mental or physical disability. These rights 
generally were respected in practice.

    Women.--The law prohibits violence against women, including spousal 
abuse; however, it remained a problem. The Government's last general 
social survey, done in 1999, indicated that an estimated 8 percent of 
women (and 7 percent of men) who were married or living in a common-law 
relationship during the previous 5-year period experienced some type of 
violence committed by their partner on at least one occasion. The 
economic costs of violence against women are estimated to be $2.7 
billion (Cdn $4.2 billion). Services available to abused women have 
increased significantly over the past 2 decades, and there were 508 
shelters for abused women across the country in 2000.
    A total of 24,419 cases of sexual assault were reported in 2001, an 
increase of 370 cases from 2000. The courts consider such cases 
seriously and those convicted of sexual assault face up to 10 years in 
prison. Cases involving weapons, threats, wounding, or endangerment of 
life carry longer sentences, up to life imprisonment.
    Prostitution is legal, but pimping (benefiting from the earnings of 
prostitution of another) and operating, being found in, or working in a 
brothel are not. Communicating in public for the purpose of 
prostitution (solicitation or ``streetwalking'') is also illegal, but 
is considered a lesser offense than the other offenses related to 
prostitution.
    Women were trafficked for purposes of sexual exploitation (see 
Section 6.f.).
    The Criminal Code prohibits criminal harassment (stalking) and 
makes it punishable by imprisonment for up to 5 years. The law 
prohibits sexual harassment, and the Government generally enforced this 
provision. Women continued to complain of harassment in the armed 
forces, and the Government established mechanisms to try to resolve 
complaints (see Section 1.c.).
    Women are well represented in the labor force, including business 
and the professions. Employment equity laws and regulations cover 
federal employees in all but the security and defense services. Women 
have marriage and property rights equal to those of men. Women head 
over 85 percent of single-parent households.

    Children.--The Government demonstrates its strong commitment to 
children's rights and welfare through its well-funded systems of public 
education and medical care. Education is free through grade 13 and is 
compulsory nationwide through age 15 or 16, depending on the province. 
Federal and provincial regulations protect children from abuse, 
overwork, and discrimination and penalize perpetrators of such 
offenses.
    There is no societal pattern of abuse of children. Past 
institutional abuses of children (mostly orphans and aboriginal 
children) in residential homes continued to come to light, and the 
Government and churches which operated the homes sought to close, 
through class action settlements, more than 12,000 abuse cases filed by 
former residents. The Government announced a $1.1 billion (Cdn $1.7 
billion) plan for the settlement of physical and sexual abuse claims, 
and the Anglican and Presbyterian churches agreed to contribute 
substantial amounts to the settlement fund.
    Children were trafficked for purposes of sexual exploitation (see 
Section 6.f.).

    Persons with Disabilities.--There is no legal discrimination 
against persons with disabilities in employment, education, or in the 
provision of other state services. Nevertheless, the Government 
continued to receive numerous complaints regarding societal 
discrimination against persons with disabilities and instituted 
programs to discourage such discrimination. Persons with disabilities 
were underrepresented in the work force; they constituted 2.7 percent 
of the federally regulated private sector work force, while those 
capable of working total 6.5 percent of the population. The Government 
instituted programs to help persons with disabilities to join the work 
force.
    The law provides a variety of protections and rights for persons 
with disabilities and specifically prohibits discrimination against 
persons with disabilities in employment, education, or in the provision 
of public services. Sexual exploitation of persons with disabilities in 
situations of dependency is a criminal offense. The law requires 
employers and service providers to accommodate special needs of persons 
with disabilities, unless it constitutes an undue hardship, and 
mandates access to buildings for persons with disabilities.

    Indigenous Persons.--The Constitution recognizes three different 
groups of aboriginals: Indians (generally called First Nations), Inuit 
(formerly called Eskimos), and Metis (persons of mixed Indian-European 
ancestry). Aboriginals make up approximately 2.8 percent of the 
population. In the country's three territories, aboriginals constitute 
20 percent of Yukon, 62 percent of Northwest Territories, and 84 
percent of Nunavut. Disputes over land claims, self-government, treaty 
rights, taxation, duty-free imports, fishing and hunting rights, and 
alleged harassment by police continued to be sources of tension on some 
reserves. Aboriginal persons remained underrepresented in the work 
force, overrepresented on welfare rolls and in prison populations, and 
more susceptible to suicide and poverty than other population groups.
    The Charter of Rights and Freedoms specifically protects aboriginal 
rights, including those established by historical land claims 
settlements; aboriginal rights also are recognized in the Constitution 
and by the courts. Historical treaties with aboriginal groups in 
eastern Canada form the basis for the Federal government's policies 
there, but some language with uncertain intent resulted in extensive 
legal challenges to the Government's interpretation of treaty rights. 
Aboriginal groups in the west that never signed historical treaties 
continued to claim land and resources, and many continued to seek legal 
resolution of outstanding issues. As a result, the evolution of the 
Federal government's policy toward aboriginal rights, particularly land 
claims, has been linked closely to legal challenges, including 45 
Supreme Court decisions.
    On February 7, the Government of Quebec settled a long-running 
dispute with the Cree Nation by signing an agreement that ensured the 
withdrawal by the Cree of all legal action related to Quebec's past 
application of the James Bay and Northern Quebec Agreement. The Cree 
consented to the development of hydro-projects in return for $2.3 
billion (Cdn $3.6 billion) over 50 years, autonomy over economic and 
community development, and more control over how their land is managed. 
On April 9, Quebec signed an agreement with the 14 Inuit communities in 
the political entity of Nunavik, Northern Quebec, that provided them 
with full control of profits generated from resource development 
including hydropower exploration. On April 24, the Quebec government 
also announced an agreement-in-principle involving land transfers and 
resource-sharing, with the West North Shore Innu (Nitassinan). At 
year's end, the draft agreement had not achieved community consensus.
    In 1998 the Government established the Aboriginal Action Plan, a 
``long-term, broad-based'' policy approach to promote the quality of 
life of aboriginal people and promote self-sufficiency. According to 
Indian and Northern Affairs Canada, the Government budgeted $4.5 
billion (Cdn $7 billion) for aboriginal programs in 2001-02. This money 
is intended to ensure that aboriginal persons have access to basic 
services (education, housing, water, sewage, health, and social) 
comparable to those provided to other citizens through provincial, 
municipal, and territorial governments.
    During fiscal year 2000-01, the Government settled seven specific 
claims involving five First Nations, for a total expenditure of $75 
million (Cdn $116 million). Since the inception of the program in 1992 
through March 31, 2001, authorities had settled 227 specific and treaty 
land entitlement claims amounting to $760 million (Cdn $1.18 billion). 
However, First Nation leaders claimed that at the current rate of claim 
settlement, it will take the Government 150 years to settle all 
outstanding aboriginal claims. The Federal government continued to be 
involved in self-government negotiations with over 350 First Nations, 
and several self-government agreements-in-principle (agreed upon by 
negotiators) and a few final agreements were in advanced stages of 
negotiations at year's end. Professional development and fiscal 
accountability projects further supported indigenous self-governance.
    In response to court decisions over the past few years, the 
Government continued working to resolve a variety of issues, including 
fishing rights in Atlantic Canada. Disputes over aboriginal fishing 
rights in Atlantic Canada continued after a 1999 Supreme Court ruling 
on the Marshall case that interpreted centuries-old treaties to allow 
First Nations to earn a moderate livelihood from natural resources, in 
compliance with government regulations that promote conservation and 
protect others who depend on the same resource. The Federal government 
negotiated interim fishing agreements with all 34 aboriginal 
communities in Atlantic Canada, and longer term agreements were being 
negotiated at year's end. Other test cases that involve members of 
aboriginal groups being tried on charges of illegally harvesting timber 
on Crown land continued in the court systems in New Brunswick and Nova 
Scotia.
    In 2000 the Federal and British Columbia governments concluded a 
treaty with the Nisga'a people who live in northwestern British 
Columbia. The treaty gave the Nisga'a control over 765 square miles of 
tribal lands, a cash settlement, fishing and timber-cutting rights, and 
certain rights of self-government. The treaty ended a range of special 
tax breaks and other benefits available under previous arrangements. 
The treaty was ratified by the Nisga'a people in 1998 and by the 
provincial legislature in 1999. It was debated and passed by Parliament 
in 1999. Although the British Columbia legislature ratified the treaty, 
two groups challenged the treaty in court. The court of appeals ruled 
against a challenge from the Liberal Party that contended that the 
treaty should have been submitted to a referendum. A case brought by 
the Gitanyow, an indigenous group located near the Nisga'a, who contend 
that the treaty awarded more than 85 percent of their traditional 
tribal lands to the Nisga'a, remained pending in the courts at year's 
end.
    In 1999 representatives of the Governments of Newfoundland and 
Labrador, the Federal government, and the Labrador Inuit Association 
initialed a land claims agreement for the Inuit. The plan provides for 
land, water rights, self-government, and an economic development plan 
that includes sharing revenues from subsurface developments. The plan 
has not yet been put into effect, as the parties were still negotiating 
a final, comprehensive land claims agreement.

    National/Racial/Ethnic Minorities.--Support of a referendum on 
Quebec sovereignty has declined since the narrow defeat of the 1995 
referendum.
    The 1982 Charter of Rights and Freedoms protects the linguistic and 
cultural rights of minorities and established English and French as the 
country's two official languages. Despite the federal policy of 
bilingualism, English speakers in Quebec and French speakers in other 
parts of the country generally live and work in the language of the 
majority. The provinces are free to grant French or English the status 
of an official language, or not to do so. Only New Brunswick has 
granted the two languages equal status. The Charter of the French 
Language in Quebec makes French the official language of the province 
and requires the use of French in commerce, the workplace, education, 
and government. Minority language rights are secured by law in Quebec's 
Charter of the French Language.
    The English-speaking minority of Quebec, representing 9 percent of 
the population of the province and 16 percent of the population of the 
city of Montreal, continued to protest restrictions placed on English-
language use. English speakers also expressed concern over health 
services and public schooling in their language.
    The Charter of the French Language restricts access to publicly 
funded English education only to those students who did most of their 
elementary or secondary studies in English in Canada. The law also 
limits English language education to those students with a brother or a 
sister who did most of their elementary or secondary studies in English 
in Canada or in cases in which the father or the mother did most of his 
or her studies in English in Canada. During the year, the Quebec 
National Assembly passed an amendment to the Charter of the French 
Language. This new law further limits access to English language 
schooling by no longer recognizing 1 year of private English language 
schooling in Quebec as fulfilling the eligibility criteria for an 
otherwise ineligible student to attend a publicly funded English school 
in Quebec.
    Provinces other than Quebec often lack adequate French-language 
schooling and health services, which is of concern to local 
francophones, although French-language schools and French immersion 
programs were reported to be thriving in all three prairie provinces.

Section 6. Worker Rights

    a. The Right of Association.--Except for members of the armed 
forces and some police, workers in both the public and private sectors 
have the right to associate freely. The Labor Code protects these 
rights for all employees under federal jurisdiction, while provincial 
legislation protects all other organized workers.
    Workers in both the public (except for some police) and the private 
sectors have the right to organize and bargain collectively. While the 
law protects collective bargaining, there are limitations, which vary 
from province to province, for some public sector workers providing 
essential services.
    The law prohibits antiunion discrimination and requires employers 
to reinstate workers fired for union activities. There are effective 
mechanisms for resolving complaints and obtaining redress.
    Trade unions are independent of the Government. Of the civilian 
labor force, approximately 29.5 percent was unionized.
    All labor unions have full access to mediation, arbitration, and 
the judicial system.
    Unions are free to affiliate with international organizations.

    b. The Right to Organize and Bargain Collectively.--All workers 
have the right to strike, except for those in the public sector who 
provide essential services. The law prohibits employer retribution 
against strikers and union leaders, and the Government generally 
enforced this provision in practice.
    Labor action, including strikes, occurred throughout the country 
during the year. Significant strikes during the year included: A 54-day 
strike by over 45,000 Ontario Public Service employees, which affected 
prisons, psychiatric hospitals, highway transport enforcement, 
government laboratories, probation and parole services, parks and 
tourist attractions, along with hundreds of government offices across 
Ontario; and a mid-summer 2-week strike by 25,000 municipal workers 
(including sanitation workers) that became known as the ``garbage 
strike.'' The Pope's impending visit to Toronto pushed the provincial 
government to pass back-to-work legislation which forced workers back 
on the job and put an end to the strike.
    There are no export processing zones.

    c. Prohibition of Forced or Bonded Labor.--The law prohibits forced 
or bonded labor, including by children, and it generally did not occur; 
however, women and children were trafficked for the purpose of sexual 
exploitation (see Section 6.f.).

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Child labor legislation varies from province to province. 
The Federal government does not employ youths under 17 years of age 
while school is in session. Most provinces prohibit children under age 
15 or 16 from working without parental consent, at night, or in any 
hazardous employment. These prohibitions were enforced effectively 
through inspections conducted by the federal and provincial labor 
ministries.

    e. Acceptable Conditions of Work.--Standard work hours vary from 
province to province, but in all provinces the limit is 40 or 48 per 
week, with at least 24 hours of rest.
    Minimum wage rates are set in each province and territory, and 
ranged from $3.54 to $5.16 (Cdn $5.50 to Cdn $7.20) per hour. Ontario 
and Alberta have a minimum wage rate for youths lower than their 
respective minimums for adult workers. The minimum wage does not 
provide a decent standard of living for a worker and family. A family 
whose only employed member earns the minimum wage would be considered 
below the poverty line.
    Federal law provides safety and health standards for employees 
under federal jurisdiction, while provincial and territorial 
legislation provides for all other employees. Federal and provincial 
labor departments monitor and enforce these standards. Federal, 
provincial, and territorial laws protect the right of workers with 
``reasonable cause'' to refuse dangerous work and to remove themselves 
from hazardous work conditions.

    f. Trafficking in Persons.--The 2001 Immigration Act outlaws 
trafficking in persons; however, trafficking remained a problem. The 
Immigration Act establishes criminal penalties of up to life in prison 
and fines of up to $645,000 (Cdn $1,000,000) for convicted traffickers. 
The country is a destination and a transit point to the United States 
for women, children, and men trafficked for purposes of sexual 
exploitation, labor, and the drug trade. There were no overall 
estimates as to the extent of the problem. There have been several 
widely reported cases of smuggling and trafficking, including hundreds 
of Chinese who arrived illegally by ship in British Columbia in 1999. 
There were reports that Honduran boys were trafficked to Canada for the 
purpose of drug trafficking. There were also reports that Mexican, Sri 
Lankan, and Haitian men and women were trafficked to Canada.
    Vancouver and Toronto serve as hubs for organized crime groups that 
traffic in persons, including trafficking for prostitution. East Asian 
crime groups targeted Canada, and Vancouver in particular, because of 
lax immigration laws, benefits available to immigrants, and the 
proximity to the U.S. border.
    Thousands of persons, including at least 15,000 Chinese, entered 
Canada illegally over the last decade. These persons come primarily 
from East Asia (especially China and Korea, also Malaysia), Central and 
South Asia, Eastern Europe, Russia, Latin America (including Mexico, 
Honduras, and Haiti), and South Africa. Many of these illegal 
immigrants paid large sums to be smuggled to the country and were 
indentured to their traffickers upon arrival. Almost all trafficked 
persons worked at lower than minimum wage and used most of their 
salaries to pay down their debt at usurious interest rates. The 
traffickers used violence to ensure that their clients pay and that 
they do not inform the police. Asian women and girls who were smuggled 
into Canada often were forced into prostitution. Traffickers used 
intimidation and violence, as well as the illegal immigrants' inability 
to speak English, to keep these victims from running away or informing 
the police.
    In March 2001, police arrested 9 persons involved in an 
international trafficking ring suspected of illegally transporting 
about 1,200 Korean and Chinese citizens through the country into the 
United States. Many of those who entered the United States illegally 
were women under the age of 20 and were destined to work in a position 
of debt bondage to restaurants, factories, and brothels.
    In November 2001, Vancouver police cracked a prostitution ring, and 
the authorities deported 11 Malaysian women, at least half of whom said 
that they had been coerced into prostitution by a man who seized their 
passports upon arrival in the country.
    The Government reconvened an Interdepartmental Working Group on 
Trafficking in Women. There were no government-sponsored programs to 
help victims of trafficking; however, the Government funded NGO 
assistance programs. Victims may apply for permanent residence under 
the ``humanitarian and compassionate'' provisions of the Immigration 
Act. Some victims of trafficking were arrested and deported. In 
prostitution cases, often the prostitute instead of the customer was 
arrested. If in the country illegally, the prostitute may face 
deportation, especially after committing a crime. Local authorities to 
some degree lacked awareness about the victims of trafficking, which is 
compounded by the fear many victims have of telling the authorities 
about the crime committed against them.
                               __________

                                 CHILE

    Chile is a multiparty democracy with a constitution that provides 
for a strong executive, a bicameral legislature, and a separate 
judiciary. Approved by referendum in 1980 and amended in 1989, the 
Constitution was written under the former military government and 
retains certain institutional limits on popular rule. In January 2000, 
voters elected Ricardo Lagos of the Socialist Party as president in a 
free and fair runoff election. He defeated center-right candidate 
Joaquin Lavin of the Alliance for Chile coalition. All three presidents 
elected since the country returned to democracy in 1990 have been 
members of the four-party ``Concertacion'' coalition. The National 
Congress consists of 120 deputies and 48 senators; this includes 9 
designated senators and 1 former president who is senator-for-life. On 
July 4, former President Augusto Pinochet resigned his position as 
senator-for-life. The Concertacion coalition held a 63-57 majority in 
the lower house. The Senate was divided 24-24 between pro-Lagos 
legislators and the opposition. The Constitution provides for a 
judicial system independent of the other branches of government.
    The armed forces are constitutionally subordinate to the President 
through an appointed civilian Minister of Defense but enjoy a large 
degree of legal autonomy. Most notably the President must have the 
concurrence of the National Security Council, which consists of 
military and civilian officials, to remove service chiefs. The 
Carabineros (the uniformed national police) have primary responsibility 
for public order, safety, and border security. The civilian 
Investigations Police are responsible for criminal investigations and 
immigration control. Both organizations are under operational control 
of the Ministry of Interior. Some members of the police committed human 
rights abuses.
    In 1999 the export-led free-market economy experienced its first 
recession after 15 consecutive years of expansion, and the economy has 
yet to regain its pre-1999 dynamism. The population is estimated at 
approximately 15.4 million. Economic growth for the year was 1.9 
percent with inflation of 2.8 percent. Copper remained the most 
important export; salmon, forest products, fresh fruit, fishmeal, other 
minerals, and manufactured goods also were significant sources of 
foreign exchange. Unemployment averaged 9 percent during the year. The 
percentage of the population living below the poverty line decreased 
from 45 percent in 1987 to 20.6 percent in 2001.
    The Government generally respected its citizens' human rights; 
however, problems remained in some areas. The most serious problems 
continued to be excessive use of force and mistreatment by police 
forces, and physical abuse in jails and prisons. Prisons often were 
overcrowded and antiquated. Detainees sometimes were not advised 
promptly of charges against them nor granted a timely hearing before a 
judge. Antidefamation laws adversely affected journalists and authors. 
The authorities occasionally used force against protesters. 
Discrimination and violence against women and children continued to be 
problems. Indigenous people remained marginalized. In December 2001, a 
new labor code was introduced that increased protections for such 
fundamental worker rights as the right to organize and bargain 
collectively. Child labor was a problem in the informal economy. Chile 
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, the Government, primarily the judiciary, took 
significant steps to allow for the investigation of human rights abuses 
committed during the former military government and to bring those 
accountable in certain cases to justice. In January the armed services, 
religious groups, and human rights leaders provided some information on 
the manner of death and fate of 200 persons who disappeared while in 
official custody during the Pinochet regime; however, military 
authorities were unwilling or unable to provide a full accounting for 
the fate of many of the 3,000 persons who disappeared or were killed. 
On July 2, the Supreme Court ruled that former President Pinochet was 
mentally unfit to stand trial, and ended all legal proceedings against 
him in the Caravan of Death case. There was no appeal of this decision. 
Subsequent rulings in other cases indicated that the same criteria 
would be used to block legal proceedings in all criminal cases brought 
against the former president.
                        RESPECT FOR HUMAN RIGHTS

Section 1.Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary and Other Unlawful Deprivation of Life.--There were no 
reports of arbitrary or unlawful deprivation of life committed by the 
Government or its agents.
    A number of cases from previous years in which the police were 
accused of extrajudicial killings due to excessive use of force or 
mistreatment of prisoners while in custody remained under investigation 
or pending resolution of appeals.
    The family of Carlos Antionio Millaman Munos was successful in 
reopening the investigation into his January 2000 death. The case had 
been on hold due to failure to prove that a crime had taken place. 
Millaman had been detained on charges of aggravated robbery. According 
to the Corporation for the Promotion and Defense of Human Rights of the 
People (CODEPU), persons who visited him at the headquarters of the 
Investigative Police in the Santiago suburb of La Florida reported that 
he was in bad physical condition and feared for his life; he was 
transferred to the El Salvador hospital where he died later in the day.
    In 1999 a court sentenced four police officers to 10 years in 
prison for the death of Raul Palma Salgado, who died in police custody 
in 1998 after police allegedly tortured him. After an appeal process, 
their sentence was reduced by a court martial. In August the Supreme 
Court restored the original sentence.
    In December the investigation into the case of the 1989 murder of 
leftist leader Jecar Nehgme was delegated to Judge Hugo Dolmestch, who 
also was responsible for investigating the case known as Operation 
Albania--the June 1987 killings of 12 Manuel Rodriguez Patriotic Front 
(FPMR) members--because those responsible for the two crimes are 
thought to be the same. The investigation continued at year's end.
    In 2000 former President Pinochet returned to Chile where he faced 
charges in numerous human rights cases. The investigation of the most 
prominent of these cases, known as the Caravan of Death, led to a 
Supreme Court decision in August 2000 that lifted Pinochet's 
parliamentary immunity. In January 2001, Judge Juan Guzman indicted him 
as the intellectual author of 57 homicides and 18 instances of 
kidnaping; an appeals court later reduced the charges to engaging in a 
coverup of the crimes. Pinochet was placed under house arrest and 
subsequently freed on bail. On July 2, the Criminal Chamber of the 
Supreme Court ruled that Pinochet was mentally unfit to defend himself 
against charges stemming from the Caravan of Death case; the ruling was 
based on psychiatric and neurological exams. There was no appeal. 
Subsequent rulings in other cases indicate that, for the same reasons, 
no criminal action against Pinochet is likely to occur. Following the 
court decision, Pinochet resigned his seat in the Senate taking 
advantage of a law that offers certain privileges to former presidents, 
including legal immunity.
    The August 2000 ruling by the Supreme Court lifting Pinochet's 
immunity in the Caravan of Death case included an opinion by the 
majority indicating that the Amnesty Law (covering human rights 
violations from 1973 to 1978) and the statute of limitations should be 
applied only after the circumstances of the crime and the guilty party 
have been identified. Nevertheless, several judges (particularly in 
courts-martial) continued to close cases under the Amnesty Law without 
completing an investigation into the circumstances of the crime. On 
December 3, the Supreme Court reaffirmed its earlier opinion by 
ordering that a previously closed investigation into the disappearance 
of Hector Contreras be reopened, and transferred the case from military 
jurisdiction to a civilian court. The Foundation for Social Help of 
Christian Churches (FASIC), the CODEPU, and other human rights 
organizations have several denial-of-justice cases pending before the 
Inter-American Commission on Human Rights (IACHR) regarding previously 
closed disappearance and execution cases. Denial-of-justice cases based 
on application of the Amnesty Law also have been filed with the U.N. 
Commission on Human Rights (UNCHR).
    In April in the case of Operation Albania, Judge Hugo Dolmestch 
indicted 16 former military and police officers, including retired army 
General Hugo Salas Wenzel, as well as 2 civilians. At year's end, the 
judge had not issued indictments in the related case involving the 1986 
deaths of journalist Jose Carrasco and three other persons.
    On August 5, the judge investigating the 1982 killing of labor 
leader Tucapel Jimenez sentenced six persons (including two retired 
generals) as authors of the crime, two as accomplices and four as 
involved in the coverup. Only those charged as authors received jail 
sentences. The others were given parole for varying periods of time. 
Four of the accused were absolved. The labor union that Jimenez led 
before his death appealed the verdict and sought harsher sentences.
    In June 2001, the Supreme Court upheld the ruling of a lower court 
not to reopen the case of Carmelo Soria, a Spanish citizen working for 
the U.N. and killed in Santiago in 1976. Nevertheless, in December the 
Government reached a settlement with the family, including monetary 
compensation of $1.5 million (1.1 billion pesos), recognition of 
Soria's diplomatic status, and an agreement to ask the Supreme Court to 
reopen the case. The high court's decision was still pending at year's 
end.
    On September 10, in response to an extradition request from 
Argentina, the Santiago Appeals Court ruled not to lift Augusto 
Pinochet's immunity (as a former president), arguing that his poor 
mental and physical health prevented him from standing trial for his 
role in the 1974 car bombing in Buenos Aires that claimed the lives of 
former Chilean army chief Carlos Prats and his wife Sofia Cuthbert. In 
October 2001, a judge ordered the preventive arrest of four retired 
generals and a civilian as a first step in processing their extradition 
for the same crime. On December 3, the Supreme Court decided that, 
rather than extraditing the accused, they would be tried in the 
country.
    The investigation continued into the death of Charles Horman, a 
U.S. citizen killed after being detained by security forces following 
the 1973 coup d'etat. On October 11, the case was transferred from 
investigating Judge Juan Guzman to Judge Jorge Zepeda.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    In January 2001, through the Defense Ministry-sponsored Human 
Rights Roundtable Dialog, the armed forces provided information on the 
whereabouts of 200 persons who disappeared while in official custody 
during the Pinochet regime. All of the information was made public, but 
some of the information provided was found to be inaccurate. In 
addition, subsequent investigations have shown that the Air Force did 
not hand over all the information that it had collected. In October 
obstruction of justice charges were brought against Patricio Campos, 
the recently-resigned fifth-ranking general of the Air Force. The 
Communist Party and the Group of Families of the Disappeared 
subsequently initiated two lawsuits for obstruction of justice against 
former general Patricio Rios, the recently-resigned head of the Air 
Force. Investigations continued at year's end.
    While noting the value in having the armed forces officially 
acknowledge the commission of human rights abuses during the Pinochet 
regime, President Lagos stated that there remained more than 600 cases 
of missing persons about whose whereabouts no information had been 
provided. The Ministry of Justice authorized 20 judges to dedicate 
their time exclusively to cases of disappearances and another 51 judges 
to give preference to the investigation of such cases. As a result of 
their work, the remains of a few dozen victims were found and 
identified, and some of the perpetrators of the crimes were charged.
    Investigations of military-era detentions and disappearances of 
persons at Colonia Dignidad (now called ``Villa Baviera''), a secretive 
German-speaking settlement 240 miles south of Santiago, made no further 
progress during the year. Paul Schaefer, who immigrated from Germany in 
1961 with 300 followers, founded the 34,000-acre enclave. In April 
1999, Judge Guzman issued a detention order against the 79-year-old 
Schaefer for the kidnaping and disappearance in 1974 of Alvaro Vallejos 
in the vicinity of Colonia Dignidad. Schaefer, also wanted by the 
authorities on other charges, remained a fugitive at year's end. In 
October 2000, the authorities arrested Schaefer's deputy Gerhard Muecke 
in connection with Vallejos' disappearance. The Government issued an 
order to expel Muecke but he must stand trial first in connection with 
Vallejos's disappearance and two other charges that remained under 
investigation at year's end. Muecke remained in custody at year's end.
    In 1985 Boris Weisfeiler disappeared near Colonia Dignidad under 
circumstances that have yet to be fully clarified. The case was 
reopened, and it remained under investigation at year's end.
    Of the 1,156 persons who disappeared under the military regime, the 
remains of more than 900 have yet to be found. The Government agency in 
charge of the compensation program for the families of those executed 
or who disappeared under the military regime recognizes 3,197 victims 
of the Pinochet era. These include 2,095 victims in which circumstances 
of death have been established and 1,102 cases in which the persons 
disappeared. Survivors of the victims receive pensions, educational 
benefits, and other assistance. During the year, monthly pension 
benefits, distributed to an average 3,441 eligible survivors (spouse, 
mother or father, and children), were approximately $9.5 million (6.3 
billion pesos). From 1992 through 2001, the program distributed well 
over $87 million (57.8 billion pesos).

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution forbids the use of excessive pressure on 
detainees and the law provides that if a member of the police force 
uses ``torture or unlawful coercion,'' either physical or mental, 
orders them to be applied, or commits them against a person under 
arrest or detention, the officer would be sentenced to imprisonment. 
Officers who know about the abuse and have the ``necessary power and 
authority'' to prevent or stop it also would be considered accessories 
to the crime if they fail to do so. The CODEPU found that this law had 
an important impact on the conduct of the Investigative Police, but 
less so in the case of the Carabineros. Still, reports of abuse and 
mistreatment by the Carabineros, the Investigations Police, and prison 
guards were on the rise. Few of these reports lead to hearings in court 
and even fewer led to convictions.
    In 2001 the Latin American Faculty of Social Sciences (FLACSO) 
published a report on court complaints filed about police violence, 
which indicated that such reports more than doubled over the last 
decade. The author speculated that some but not all of the increase may 
be attributable to an increased willingness on the part of citizens to 
report police mistreatment and the rise in arrests for certain types of 
crimes.
    According to the FLACSO study, in 1995-96 the Government 
Corporation for Judicial Assistance in Santiago received 195 
accusations of mistreatment by the police at the moment of arrest in 
1995-96, 400 in 1997, 815 in 1998, 1,107 in 1999, and 1,074 in 2000. Of 
a total of 3,591 cases, only 200 were brought before a judge. Usually 
countercharges of violence against police officers were filed and these 
cases were sent to a military court. The CODEPU was aware of only 12 
cases in which the civil judge retained jurisdiction and notes that of 
173 cases brought before military tribunals, only 6 resulted in 
convictions. The CODEPU was unaware of any case in which a member of 
the Investigative Police has been convicted.
    No new information has become available regarding the mistreatment 
of military conscripts during the year.
    During the year, there were instances of violent confrontations 
between radical Mapuche groups and local landowners, logging companies, 
and government authorities in the southern part of the country (see 
Section 5). The actions took the form of protests and, occasionally, 
instances of rock throwing, land occupations, and burning of crops or 
buildings. On November 11, an activist was shot and killed in a 
confrontation with the police. Several Mapuches were arrested in 
connection with acts of violence.
    Police occasionally used force against protesters (see Section 
2.b.).
    In 2001 courses in human rights became part of the core curriculum 
in police academies for both rank and file police and officers. During 
the year, similar courses were introduced at the academy for prison 
guards and officials.
    Prison conditions were generally poor. Prisons often were 
overcrowded and antiquated, with sub-standard sanitary conditions. In 
March overcrowding led to a prison riot in Valdivia in which part of 
the prison was destroyed by fire. Several guards and prisoners were 
injured although there were no fatalities. The prison, built for 200 
inmates, housed more than 600. In 2001 a fire broke out in the prison 
in Iquique that led to the death of 26 prisoners. A police 
investigation into the circumstances surrounding the fire and the 
subsequent response by prison officials continued at year's end. The 
Ministry of Justice announced a $5 million (3 billion pesos) program in 
all prisons to develop contingency planning for emergencies and prevent 
such incidents from occurring in the future.
    The Government recognized that overcrowding in prisons continued to 
be a problem. The Ministry of Justice stated that in October 2001 there 
were 34,335 prisoners in prisons designed to lodge 23,025 inmates, a 
situation that remained unchanged during the year. In 2001 the Ministry 
of Justice opened bids on 3 new prisons, to be completed in December 
2003 and designed initially to house 4,800 prisoners. These prisons are 
part of a plan to construct 10 new prisons in the next several years, 
to house an initial population of 16,000 prisoners. Even with this 
ambitious construction program, the growing prison population is 
projected to continue to exceed the space available. Food met minimal 
nutritional needs, and prisoners may supplement the diet by buying 
food. Those with sufficient funds often can ``rent'' space in a better 
wing of the prison.
    Although most analysts state that the guards generally behave 
responsibly and do not mistreat prisoners, prisoners have complained to 
CODEPU about beatings, and the courts have received numerous complaints 
of mistreatment of prisoners. Prison guards have been accused of using 
excessive force to stop attempted prison breaks. The Supreme Court 
expressed particular concern over the sanitary conditions and treatment 
of prisoners in the Colina II prison's Alfa high security unit. In 
January 26 prisoners were treated for self-inflicted wounds in protest 
of their conditions. An investigation ordered by the Supreme Court 
found evidence of physical mistreatment of the prisoners. The Santiago 
Appeals Court ordered the unit closed until improvements were made. No 
one was charged by year's end.
    The Minister of Interior asked the courts to conduct independent 
investigations of credible complaints of police abuse, but such 
investigations often did not result in arrests due in part to the 
reluctance of judges to pursue the issue vigorously. Statistics on 
complaints of mistreatment and reliable reporting of such instances 
during the year were not available.
    When requested by other human rights organizations or family 
members, CODEPU lawyers visited detainees during the interrogation and 
represented some suspected terrorists in court. The CODEPU continued to 
investigate alleged use of excessive force against detainees and 
particularly was concerned about the treatment of prisoners in maximum-
security prisons and prisoners with HIV/AIDS and mental deficiencies 
who often did not receive adequate medical attention.
    Pretrial detainees generally were not held with convicted 
prisoners. Women generally were housed in separate facilities, which 
tend to be less crowded and with somewhat better conditions than men's 
prisons.
    By law juvenile offenders (those under the age of 18) were 
segregated from adult prisoners. According to the latest available 
figures, there were 422 minors in adult prisons at the end of 1998. 
However, in September the Supreme Court admonished police officials for 
failing to keep minors sufficiently separated from adult offenders and 
ordered prison officials to correct this deficiency. Separation of 
minors was a concern especially when a minor initially was detained 
before being brought to court. A study by Diego Portales University 
determined that in 2001, of the 10,748 minors detained, 37.3 percent 
were initially held in adult facilities. The National Minors Service 
began construction of two juvenile detention centers during 2001 and 
two more during the year.
    The Government permits prison visits by independent human rights 
observers.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution states 
that no one can be arrested or detained except by a public official 
expressly authorized by law. The courts must be advised within 48 hours 
of the arrest and the detainee placed at a judge's disposition. No one 
can be arrested or detained except in their house or a public facility 
designed for that purpose. Provisional liberty must be granted unless a 
judge decides that detention is necessary to pursue the investigation 
or for the protection of the prisoner or the public. The accused cannot 
be obliged to testify against himself. The authorities generally 
respected constitutional provisions for arrest and detention; however, 
detainees often were not advised promptly of charges against them nor 
granted a timely hearing before a judge. The Constitution allows 
civilian and military courts to order detention for up to 5 days 
without arraignment and to extend the detention of alleged terrorists 
for up to 10 days. The law affords detainees 30 minutes of immediate 
and subsequent daily access to a lawyer (in the presence of a prison 
guard) and to a doctor to verify their physical condition. The law does 
not permit a judge to deny such access; however, a 1994 study by Diego 
Portales University indicated that, at that time, 23 percent of the 
detainees interviewed said they had had no contact with a lawyer.
    The most recent statistics available showed that at the end of 
1999, 8 percent of the general prison population of 24,791 were under 
investigation but not charged with a crime; 45 percent were charged 
with an offense and were awaiting trial or had been convicted and were 
awaiting sentencing; and 48 percent were serving sentences.
    The law requires police to inform those detained of their rights, 
to expedite notification of the detention to family members, and 
eliminates the ability of police to demand identification from or stop 
persons based solely on suspicion. The law also prohibits physical 
abuse by police against detained persons (see Section 1.c.). The 
Constitution allows judges to set bail.
    There were no cases of forced exile; however, a number of people 
convicted of terrorism have had the remainder of their sentences 
commuted to exile.

    e. Denial of Fair Public Trial.--The Constitution provides for a 
judicial system independent of the other branches of government. Most 
sitting judges come from the career judiciary. All judges are appointed 
for life. A 1997 Constitutional reform set 75 as the age limit for 
Supreme Court justices, gave the Senate the right to veto presidential 
nominations to the Court, and increased court membership from 16 to 21. 
It also mandated that five members of the Supreme Court must be 
civilians from outside the career judiciary. The Supreme Court prepares 
lists of nominees for all members of the Supreme Court and appeals 
courts, from which the President makes nominations. Cases decided in 
the lower courts can be referred to appeals courts and ultimately to 
the Supreme Court. The Supreme Court continued to work with the other 
branches of government on broad judicial reform.
    If formal charges are filed in civilian courts against a member of 
the military, including the Carabineros, the military prosecutor asks 
for jurisdiction, which the Supreme Court sometimes has granted. This 
is of particular consequence in human rights cases from the period 
covered by the Amnesty Law. Military courts are much more inclined to 
grant amnesty without a full investigation. Military courts have the 
authority to charge and try civilians for terrorist acts, defamation of 
military personnel, and sedition. Rulings by military tribunals may be 
appealed to the Supreme Court. Persons accused of terrorist acts and 
persons arrested during demonstrations for assaulting a police officer 
are brought before military tribunals.
    Civilians prosecuted in military courts have the same legal 
protections as those prosecuted in civilian courts (see Section 2.a.). 
They are entitled to counsel, the charges are public, the sentencing 
guidelines are the same (with the exception that the death penalty can 
be imposed in a military court but not in a civilian court), and 
appeals ultimately may be heard by the Supreme Court. The primary 
difference in the military court system is that the initial 
investigation and charges are brought by a military prosecutor and the 
first instance of appeal is in a Court Martial, composed of two 
civilian and three military judges.
    A 1997 judicial reform law created the post of Attorney General, 
with a 10-year term, and an office of support staff that was in full 
operation during the year. An office of Public Defender also was 
established to provide professional legal counsel to anyone who should 
seek such assistance (see Section 1.d.). The judicial reform law, which 
applies to criminal cases, provides that national and regional 
prosecutors investigate crimes and formulate charges, leaving judges 
and magistrates the narrower function of judging the merits of evidence 
presented to them. Training and administrative setup began in 1999, and 
implementation began in December 2000, with oral trials in 2 of the 13 
political regions. At year's end, eight regions had begun to implement 
the reform. Initial reports indicated that the reform resulted in a 
more transparent process, greater respect for defendants' rights, and 
speedier trials.
    The preexisting criminal justice system did not provide for oral 
trials. In those regions where the judicial reform law has yet to be 
implemented, criminal proceedings were inquisitorial rather than 
adversarial. The Constitution provides for the right to legal counsel, 
but indigent defendants, who account for the majority of the cases, 
have not always received effective legal representation. They usually 
were represented by someone from the Government's legal assistance 
corporation, often a law student finishing his or her studies and doing 
a mandatory internship. On occasion the court may appoint a lawyer.
    There were no reports of political prisoners, although 57 inmates 
in Santiago's maximum-security prison all charged with terrorist acts 
following the return to democracy routinely claimed to be political 
prisoners. Their cases have been pending for 10 to 12 years before a 
military court. They have yet to be convicted or sentenced.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice. A 
privacy law bars obtaining information by undisclosed taping, telephone 
intercepts, and other surreptitious means, as well as the dissemination 
of such information, except by judicial order in narcotics-related 
cases.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice. Human rights groups criticized the 
existence and application of laws that allow government officials to 
prosecute journalists who insult or criticize them; the Government 
revoked one such law and sought to revoke others, but cases were still 
brought during the year.
    The press maintained its independence, criticized the Government, 
and covered issues sensitive to the military, including human rights 
cases.
    In 2001 President Lagos signed a law on freedom of the press that 
eliminated a provision under the 1958 State Security Law that made it a 
criminal offense to besmirch the honor of state institutions and their 
members and symbols, such as the Congress, the Supreme Court, the 
military services, the flag, and the President. Before its revocation, 
individual government officials occasionally had invoked the provision. 
Military courts have the authority to charge and try civilians for 
defamation of military personnel and for sedition, but their rulings 
may be appealed to the Supreme Court (see Section 1.e.).
    Despite the new press law, the Penal Code still prohibits insulting 
state institutions such as the presidency, as well as legislative and 
judicial bodies. In December the president of the Supreme Court brought 
charges against a talk show participant who, commenting on the case of 
a woman who spent 3 years in prison for a crime for which she 
ultimately was absolved, accused the justice system of being immoral, 
cowardly, and corrupt. He was imprisoned briefly and released on bail. 
The case was still pending at year's end. The Government sought 
priority action in Congress on a bill that would remove these 
provisions protecting government officials.
    In December 2001, the president of the State Defense Council 
brought private libel charges against El Mercurio newspaper for 
criticism of her performance of official duties and the suggestion that 
she resign. She had to bring charges on a private basis because the 
State Defense Council is not one of the institutions covered against 
libel in the Penal Code. The case was still pending at year's end.
    A 1996 privacy law set penalties for those who infringe on the 
private and public life of individuals and their families; however, the 
privacy law has never been applied to the media.
    Two major media groups controlled most of the print media, which 
largely were independent of the Government. The Government is the 
majority owner of La Nacion newspaper, but its editorial content is not 
under direct government control. Investigative journalism made 
significant strides forward when La Nacion reported on the alleged 
withholding of information on human rights violations under the 
military regime by the Air Force and in addition, when several leading 
private newspapers broke stories on alleged bribery within congress and 
the Ministry of Transportation and Public Works.
    The broadcast media also largely were independent of direct 
government influence. The Television Nacional network is state-owned 
but not under direct government control. It receives no government 
subsidy and was self-financing through commercial advertising. It is 
editorially independent and is governed by a board of directors 
appointed by the President and approved by the Senate. Members reflect 
various political viewpoints, and the board encouraged the expression 
of varied opinions over the network.
    The National Television Council (CNT), supported with government 
funding, is charged with assuring that television programming 
``respects the moral and cultural values of the nation.'' The CNT's 
principal role is to regulate violence and sexual explicitness in both 
broadcast and cable television programming content. Films and other 
programs judged by the CNT to be excessively violent or to have obscene 
language or sexually explicit scenes may be shown only after 10 p.m. 
when ``family viewing hours'' end. In practice the ever-increasing 
volume of programming made the CNT's job all but impossible. The CNT 
issued occasional warnings to networks and cable providers and 
sometimes obliged them to postpone the showing of certain films until 
after 10 p.m. It also occasionally levied fines. Debate continued over 
the CNT's role during the year.
    On July 11, the Congress approved a constitutional reform designed 
to put an end to film censorship and established a film classification 
system to take its place. The new classification system was scheduled 
to begin operating in January 2003. Following a 2001 ruling criticizing 
the Supreme Court's 1997 decision to uphold the 1989 ban on the 
exhibition of the film ``The Last Temptation of Christ,'' the IACHR 
gave the Government 60 days to explain what steps had been taken to end 
censorship and allow exhibition of the film. At year's end, the film 
had still not been exhibited commercially in the country.
    On December 4, a Santiago court ordered police to seize immediately 
all existing copies of journalist Cristobal Pena's book ``Cecilia, La 
Vida en Llamas''. The book is an unauthorized biography of pop diva 
Cecilia Pantoja and the removal order came after the singer filed a 
libel suit against the author. The book no longer was on sale in 
bookstores pending an appeal by the author.
    The courts may prohibit media coverage of legal cases in progress 
but did so rarely. The press began using foreign Internet web sites to 
publish articles when gag orders were issued. The Government did not 
restrict use of the Internet.
    The Government did not restrict academic freedom.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right to assemble peacefully, and the Government 
generally respected this right in practice; however, police 
occasionally used force against demonstrators.
    In April police arrested more than 100 students protesting the cost 
of student bus passes in Santiago. In June police used tear gas and 
water cannons to break up a student protest in Valparaiso over the 
financing of university studies. In August police arrested more than 60 
students and several persons were hurt during a student protest over 
the cost of bus transportation in Santiago. In early September, police 
arrested 12 persons and again used water cannons and tear gas in 
Valparaiso when students commemorating victims of the military 
dictatorship began erecting barricades and throwing Molotov cocktails. 
On the anniversary of the September 1973 coup 505 protesters (445 from 
around the city of Santiago and 60 elsewhere in the country) were 
arrested. There were 14 policemen injured (4 seriously). One person 
attempting to erect a barricade was injured.
    On October 16, one person was injured and 22 arrested when police 
broke up a hip hop concert. An amateur video showed what appeared to be 
unnecessary force by the Carabineros, leading the Corporation to Defend 
the Rights of Juveniles (CODEJU) to bring a lawsuit against the 
Carabineros.
    The Constitution provides for the right 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. Church and State officially are separate; however, the Roman 
Catholic Church continued to receive some preferential treatment. All 
denominations practiced their faiths without restriction.
    A 1999 law on religion, designed to bring other religious entities 
in line with the legal status enjoyed by the Catholic Church, went into 
effect in March 2000. The law bestows the same legal status that the 
Catholic Church previously enjoyed upon all other faiths and removed 
the ability of the State to dissolve religious entities by decree. 
Instead, this only can occur after a judicial review begun by a 
complaint filed by the autonomous State Defense Council.
    Many of the approximately 2 million Protestants, who represent 
about 12 percent of the population according to the latest census 
(1992), asserted that the Government has discriminated against them. 
They cited the absence of Protestant armed forces chaplains, 
difficulties for pastors to visit military hospitals, and the 
predominantly Catholic religious education in public schools. Military 
recruits, whatever their religion, were required at times to attend 
Catholic events involving their unit. The new law grants other 
religions the right to have chaplains in public hospitals, prisons, and 
military units, and the presence of Protestant ministers in these 
institutions was on the rise. In August Minister of Defense Bachelet 
promised that all branches of the military would have Protestant 
chaplains. In December 2001, President Lagos designated Methodist 
Bishop Neftali Aravena as copastor for the chapel located in the 
Presidential Palace. Aravena is the first non-Catholic pastor assigned 
to the chapel in the Presidential Palace. A Protestant representative 
also was given equal protocol status with the Roman Catholic Cardinal 
at official events.
    In July 2001, the President promulgated new regulations reinforcing 
a prisoner's right freely to profess the religion of his or her choice. 
The regulations require prisons to develop areas for worship and to 
enlist Protestant and Catholic chaplains to hold services. As much as 
70 percent of the prison population is estimated to engage in religious 
activities, primarily evangelical or Catholic.
    Schools were required to offer religious education twice a week 
through middle school; enrollment in religious classes is optional for 
students. It was mandatory to teach the creed requested by parents, 
although enforcement was sometimes lax. Instruction was predominantly 
in the Roman Catholic faith; however, more schools offered non-Catholic 
alternatives for religious education. The mayor of Santiago pledged in 
September that all schools in the municipality would offer an 
evangelical alternative.
    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 
order for minor children to leave the country, either alone or with 
only one of their parents, they must have notarized permission from the 
nonaccompanying parent(s).
    The law includes provisions for granting 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 
cooperates with the office of the U.N. High Commissioner for Refugees 
and other humanitarian organizations in assisting refugees. The issue 
of the provision of first asylum has not arisen.
    There were no reports of the forced return of persons to a country 
where they feared persecution.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    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 for citizens 18 years of age and over. In January 
2000, voters elected Ricardo Lagos, of the Socialist Party, as 
president in a free and fair runoff election. He defeated center-right 
candidate Joaquin Lavin of the Alliance for Chile coalition. Lagos is a 
member of the center-left Concertacion coalition, which includes his 
Socialist Party, the Christian Democratic Party, the Party for 
Democracy (of which Lagos is also a member), and the Radical Social 
Democrat Party.
    The legislative branch, with the exception of 10 nonelected 
senators among the 48 members of the upper house, is elected freely and 
is independent from the executive branch. In December 2001, free and 
fair congressional elections were held for all 120 seats in the lower 
house and 18 of the 38 elected seats in the Senate. The elections 
resulted in a 24-24 split between pro-Lagos senators and those of the 
opposition and narrowed the Concertacion coalition's lead in the lower 
house from 70-50 to 63-57.
    The Government still operates under some political restraints that 
the military regime imposed. Under the 1980 Constitution, various 
national institutions--including the President, the Supreme Court, and 
the National Security Council (the latter acting on nominations by the 
armed forces)--appoint an additional nine Senators (beyond those 
elected) to 8-year terms. In addition, former President Frei exercised 
his option to become a senator-for-life. Former President Pinochet 
resigned his senator-for-life position in July (see Section 1.a.).
    The former military government wrote the 1980 Constitution, and 
amended it slightly in 1989 after losing a referendum on whether 
General Pinochet should stay in office as president. The Constitution 
provides for a strong presidency and a legislative branch with limited 
powers. It includes provisions designed to protect the interests of the 
military and places limits on majority rule. These provisions include 
limitations on the President's right to remove the commanders in chief 
of the three armed services and the Carabineros, certain types of 
legislation that require super-majorities, and the provision for 
nonelected senators. In January the IACHR issued a resolution 
criticizing the existence of designated senators and senators-for-life 
and urged the Government to end the practice. In October 2000, a Senate 
Commission (including two designated Senators) unanimously approved a 
proposal that would abolish these positions starting in 2006; however, 
at year's end, Congress had not passed legislation codifying this and 
other proposals for constitutional reform.
    Women have the right to vote and were active in all levels of 
political life, including grassroots movements. There were no legal 
impediments to women's participation in government and politics. There 
were 15 women among the 120 deputies, 2 women in the 48-seat Senate, 
and 5 women among the 16 cabinet ministers. In October 2001, President 
Lagos appointed the first woman ever to serve as 1 of the 21 justices 
of the Supreme Court.
    The approximately 1.2 million indigenous people have the legal 
right to participate freely in the political process, although 
relatively few were active politically. There were no members of 
Congress who acknowledge indigenous descent.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Several human rights Nongovernmental Organizations (NGOs) were 
active; however, many faced difficulties, due to limited sources of 
funding. The Chilean Human Rights Commission, an NGO, is affiliated 
with the International League of Human Rights. The Foundation for 
Social Help of the Christian Churches continued to be active on the 
full range of human rights issues and tracked the status of many human 
rights cases, especially those involving the military. The CODEPU and 
the Corporation to Defend the Rights of Juveniles greatly reduced their 
scope of activity during the year. The Government cooperated with 
domestic NGOs efforts to investigate accusations of human rights 
violations. Many international NGOs also followed human rights issues 
closely.
    In May 2001, the Minister of Interior created an advisory council 
to oversee a new autonomous state agency created to protect and promote 
human rights. The agency helped the Legal Medical Service identify the 
remains of those who disappeared during the Pinochet regime; cooperated 
with the judiciary in designating special judges to investigate 
disappearances; and, through the Ministry of Defense, has worked with 
the armed forces to obtain more information (see Section 1.b.).

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution provides for equality before the law and the 
Government generally respected these provisions. In 1999 Congress 
amended the Constitution to emphasize the principle of equality between 
men and women and stated that ``persons are born free and equal in 
their dignity and rights.'' The new Labor Code prohibits discrimination 
based on race, color, sex, age, marriage status, union membership, 
religion, political opinion, nationality, national origin, or social 
status (see Section 6.a.); however, such discrimination occurred in 
practice.

    Women.--Serious problems affecting women included sexual and 
domestic violence. During the year, the National Women's Service 
(SERNAM), which combats discrimination against women, conducted courses 
on the legal, medical, and psychological aspects of domestic violence 
for police officers and judicial and municipal authorities. A 1994 law 
specifically addresses violence within the family. A study done in July 
2001 by the University of Chile indicated that more than half the women 
in the country have experienced violence in their relationship with 
their partner. The study calculates that 34 percent of women have been 
subject to physical violence (of which 14.9 percent was sexual 
violence) and another 16.3 percent have suffered psychological 
violence. Since the law on intrafamily violence went into effect, the 
number of cases presented in the courts has increased from 1,419 in 
1994 to 73,559 in 1999. In July 2001, SERNAM and more than 70 NGOs 
initiated a campaign that included prominently displayed posters and 
other activities designed to increase public awareness of the problem 
of violence against women and reduce its occurrence.
    The courts may order counseling for those involved in intrafamily 
violence. At year's end, there were 17 government and 8 private centers 
to attend to victims of intrafamily violence. The Investigative Police 
had a special office that provided counseling for rape victims. The 
Ministry of Justice also had several offices located throughout the 
country specifically for assistance in rape cases. There were a number 
of NGOs such as La Morada that provided counseling.
    The law took effect increasing the penalties for sexual abuse. The 
legislation includes clauses to facilitate proof of the crime and to 
protect the privacy and safety of the person making the charge. The 
Citizens' Peace Foundation indicated that there were 1,373 cases of 
rape reported to the police in 2001, 1,250 in 2000, 1,297 in 1999, and 
1,052 in 1998. Experts believe that a majority of rape cases go 
unreported.
    Adult prostitution is not expressly illegal. Police habitually 
detained prostitutes (usually as a result of complaints by residents of 
the neighborhood) and accuse them of ``offenses against morality,'' 
which can lead to a $70 (50,000 pesos) fine or 5 days in prison.
    There were no laws against sexual harassment, although it was 
generally recognized as a problem.
    Legal distinctions between the sexes still exist. The law permits 
legal separation but not divorce, so those who wish to remarry must 
seek annulments. Since annulment implies that a marriage never existed 
under the law, former spouses are left with little recourse for 
financial support. A 1994 law created conjugal property as an option in 
a marriage, but some women saw this as a disadvantage, since the law on 
separate property (which still exists) gives women the right to one-
half their husbands' assets but gives husbands no rights to assets of 
the wife. In the face of heavy opposition from the Catholic Church, the 
Chamber of Deputies approved a divorce bill in 1997; the bill faces 
Senate opposition but was still on the legislative agenda at year's 
end.
    A July 2001 SERNAM study found that the average earnings of women 
were 68.2 percent of those of male heads of household. Women with no 
schooling averaged a salary that was 81.3 percent that of their male 
counterparts. The minimum wage for domestic helpers (who are thought to 
number 300,000 in what is probably the largest single category of 
working women) was only 75 percent of the standard minimum wage (see 
Section 6.e.). Women with university training averaged 53.4 percent as 
much earnings as their male counterparts. The Labor Code provides 
specific benefits for pregnant workers and recent mothers; these also 
apply to domestic workers. Employers do not have the right to ask women 
to take pregnancy tests prior to hiring them, although the La Morada 
Corporation for Women has received reports that the practice continued 
in some companies.

    Children.--The Government provides free education through high 
school; education is compulsory from first through eighth grade.
    Violence against children was a serious problem, although it 
appeared to be declining. A survey of 8th grade students by UNICEF 
comparing the incidence of mistreatment from 1994 to 2000 showed that 
in 1994, 63 percent of children had been subject to some sort of 
physical violence compared with 54 percent at the end of the period. 
During the same period, those having suffered some sort of serious 
physical violence from their parents had fallen from 34 percent to 25 
percent.
    A 1999 report by the National Minors Service (SENAME) noted that it 
had handled the cases of 5,453 mistreated children for the first 6 
months of that year; 583 of these cases were judged severe enough to be 
presented to legal authorities. The SENAME reported that 9,723 cases of 
abuse were brought to its attention in 1998. From mid-1998 to December 
1999, the SENAME brought to the courts 713 cases for child abuse, 314 
for rape, 292 for sexual abuse, 79 for grave harm done to children, and 
28 cases of homicide. Of the cases, 70 percent came to trial, of which 
80 percent resulted in convictions. SENAME lawyers received specialized 
training in child abuse cases, leading to a higher conviction rate of 
offenders according to the Director of the organization. A report from 
the La Morada Corporation for Women released in 1999 estimated that 
there were 20,000 cases of sexual abuse of children every year.
    A 1996 UNICEF report stated that 34 percent of children under 12 
years of age experienced serious physical violence, although only 3.2 
percent of the victims of intrafamily violence reported to the 
Carabineros family affairs unit were below the age of 18. A 1994 law on 
intrafamily violence was designed in part to address this problem. 
According to UNICEF, some form of corporal punishment was used by one 
or both parents in 62 percent of households.
    Child prostitution was a problem (see Section 6.f.).
    Police and social workers make an effort to identify and place 
child prostitutes found on the streets in juvenile homes.

    Persons with Disabilities.--The law promotes the integration of 
persons with disabilities into society; the Government's National Fund 
for the Handicapped has a small budget to encourage such integration. 
The 1992 census found that 288,000 citizens said that they had some 
form of disability. Persons with disabilities still suffer some forms 
of legal discrimination; for example, blind persons cannot become 
teachers or tutors. Although the law requires that new public buildings 
provide access for persons with disabilities, the public transportation 
system did not make provision for wheelchair access, and subway lines 
in the Santiago metropolitan area provided facilitated access for 
persons with disabilities only in some areas.

    Indigenous Persons.--Approximately 1.2 million persons identify 
themselves as indigenous. The Mapuches, from the south, account for 
approximately 930,000 of this total. There are also small Aymara, 
Atacameno, Rapa Nui, and Kawaskhar populations in other parts of the 
country. A committee composed of representatives of indigenous groups 
participated in drafting the 1993 law that recognizes the ethnic 
diversity of the indigenous population and gives indigenous people a 
voice in decisions affecting their lands, cultures, and traditions. It 
provides for eventual bilingual education in schools with indigenous 
populations, replacing a statute that emphasized assimilation of 
indigenous people. Of the population that identifies itself as 
indigenous, approximately one-half remained separated from the rest of 
society, largely due to historical, cultural, educational, and 
geographical factors. In practice the ability of indigenous people to 
participate in governmental decisions affecting their lands, cultures, 
traditions, and the allocation of natural resources was marginal. 
Indigenous people also experienced some societal discrimination.
    The National Corporation for Indigenous Development (CONADI) was 
created in 1994, and indigenous people were elected directly as 
representatives to this body in 1995 and 1999. It advises and directs 
government programs that assist the economic development of indigenous 
people. In May 2000, the Commission for Truth and New Treatment 
appointed by the Lagos administration proposed a 16-point program aimed 
at addressing indigenous concerns. As part of the program, the 
Commission for Truth and New Treatment became permanent, with a mandate 
to find ways to facilitate the participation of Mapuche and other 
indigenous populations in the formulation of national policies 
affecting them. The commission met during the year and is charged with 
issuing a report by June 2003.
    Land occupations and other violence by isolated Mapuche Indian 
groups against private forestry companies occurred through much of the 
year (see Section 1.c.). Police arrested nine Mapuches following a land 
seizure in March. In April, in two separate instances, trucks carrying 
lumber were set on fire; no persons were injured. The police charged 
two Mapuches in one of the incidents. Approximately a dozen Mapuches 
briefly occupied the offices of the European Union protesting the 
Government's handling of Mapuche land issues and its treatment of 
indigenous people.
    On November 7, a Mapuche activist was shot and killed in a 
confrontation with police. This incident led to a rise in protests and 
confrontations. In December seven leaders of the activist group 
Coordinadora Arauco-Malleco were arrested and jailed as suspects in an 
attack on a forestry plantation in December 2001. They face charges for 
terrorist acts and for being part of an illicit association under the 
State Security Law.
    Several Mapuche families continued to object to exchanging 
traditional lands for other property as part of the Ralco hydroelectric 
project. Sixty-seven families accepted economic inducements to move to 
other land but six families involved continued to object to Ente 
Nacional de Electicidad's (ENDESA) effort to have them resettled. In 
March police used tear gas and bullets to turn back protesters armed 
with Molotov cocktails, sticks, and stones in an attempt to block 
construction of the dam. More than 50 protesters were arrested and 15 
injured. In June a small bomb blew out windows at the Chilectra 
headquarters (owned by ENDESA) in Santiago. In December one of the six 
families reached a financial settlement with the company. The others 
subsequently entered into negotiations with ENDESA.
    The Ninth region, which is mainly Mapuche, is one of the regions 
using the new criminal justice system (see Section 1.e.). Because of a 
rise in cases stemming from violent actions, some indigenous leaders 
saw the new system as a way to target and repress the Mapuche; these 
feelings of distrust may represent a lack of understanding of the new 
system, which in fact provided them with enhanced rights.
    The Government was preparing a response to a 1999 suggestion from 
the U.N. Committee for the Elimination of Racial Discrimination that 
the Government apologize to and compensate indigenous people for their 
historical treatment, and explicitly outlaw racial and ethnic 
discrimination.

    National/Racial/Ethnic Minorities.--The country assimilated a major 
European migration in the 19th century and major Middle Eastern and 
Croatian migrations in the early part of the 20th century. There are 
also smaller racial and ethnic minority groups such as those of Asian 
descent and African-Chileans, who experienced some societal 
intolerance.

Section 6. Worker Rights

    a. The Right of Association.--Workers have the right to form unions 
without prior authorization and to join existing unions. The work force 
was estimated at 5.87 million persons, of whom 3.7 million were 
salaried. Union membership was approximately 580,000, or roughly 10 
percent of the work force. Police and military personnel may not 
organize collectively. Members of unions were free to withdraw from 
union membership. The law prohibits closed union shops.
    The Labor Code permits nationwide labor centrals; the Unified 
Workers Central (CUT) was the largest and most representative of these. 
Labor unions were effectively independent of the Government, but union 
leaders usually were elected from lists based on party affiliation and 
sometimes receive direction from party headquarters. Political 
activities or affiliations of unions or union officials were not 
restricted, although currently serving union officials are not allowed 
to hold public office. Registering a union was a simple process. In 
December 2001, a major reform of the Labor Code went into effect. Among 
various other provisions aimed at facilitating the formation of unions 
and promoting collective bargaining, the reform freed unions from 
government regulation of their internal organization and permitted 
unions to be structured along geographic as well as functional lines.
    Amendments to the Labor Code resulting from the 1981 reform placed 
additional limits on the causes for dismissal (for example, misconduct 
outside the workplace no longer was grounds for dismissal) and 
significantly increased the penalties for unjustified dismissals. 
Employees who believe they have been dismissed unfairly or dismissed 
owing to their trade union activities file complaints with the Ministry 
of Labor and ultimately, the labor tribunals. According to the revised 
Labor Code, if the dismissal is found to be related to trade union 
activity on the part of the employee, he or she may choose between 
reinstatement with back wages or an additional compensatory payment. 
The burden of proof rests with the employer in cases in which alleged 
illegal antiunion activity is supported in a report by a labor 
inspector.
    During the year, there continued to be allegations that employers 
dismissed workers for union activity and attempted to avoid a complaint 
by immediately paying them some multiple of the normal severance pay. 
During the year, labor leaders complained that companies invoked the 
law's needs-of-the-company clause to fire workers after a union had 
signed a new contract even though penalties for doing so without 
justification have been increased. Workers often were reluctant to 
contest these actions because of the huge backlog in the Labor 
Tribunals. This is expected to change since the Labor Directorate may 
become a party to these cases.
    The CUT and many other labor confederations and federations 
maintained ties to international labor organizations.

    b. The Right to Organize and Bargain Collectively.--Employees in 
the private sector have the right to strike; however, the Government 
regulates this right, and there were some restrictions. The law permits 
replacement of striking workers, subject to the payment of a fine that 
is distributed among the strikers. Public employees in theory do not 
enjoy the right to strike, although government teachers, municipal, and 
health workers have gone on strike in the past. The law proscribes 
employees of some 30 companies--largely providers of essential services 
(e.g., water and electricity)--from striking; it stipulates compulsory 
arbitration to resolve disputes in these companies. There was no 
provision for compulsory arbitration in the public sector. Strikes by 
agricultural workers during the harvest season were prohibited.
    Employers must pay severance benefits to striking workers and must 
show cause to dismiss workers.
    There were a number of strikes during the year. In May 2001, a 
strike against the bicycle manufacturer Bianchi received considerable 
attention when one of the striking workers was struck and killed by a 
bus carrying nonstriking workers attempting to enter the facility. The 
case remained under investigation for possible criminal charges at 
year's end. Eight workers were fired after the strike ended.
    Despite legal provisions for collective bargaining, before the 
modifications that went into force in December 2001, the Labor Code 
included provisions that made it difficult for trade unions to organize 
in many sectors.
    Union officials and the Ministry of Labor have indicated that the 
modifications of the Labor Code have made union organizing easier and 
preliminary data on new union formation after December 2001 appear to 
confirm those expectations. The head of the labor inspectors stated 
that her office noted among workers a sense of greater security in 
forming new unions and initiating collective bargaining negotiations, 
while at the same time, less resistance to these activities on the part 
of employers.
    Workers engaged in the formation of a union may not be discharged 
during the period from 10 days before to 30 days after the vote to 
unionize. Likewise, the workers engaged in collective bargaining are 
immune for 10 days before the presentation of a contract proposal until 
30 days after it is signed. They are also entitled to all pertinent 
financial information from the company for the last 2 years. The 
modifications also greatly increase fines for violating immunities 
enjoyed by union leaders or artificially dividing up a company for the 
purpose of avoiding provisions in the code or resisting unionization. 
To enforce the new provisions, the Labor Directorate under the Ministry 
of Labor had begun to hire some of the 443 new employees mandated under 
the new legislation, including 300 labor inspectors, almost doubling 
the number of field inspectors.
    Temporary workers--defined in the Labor Code as those in 
agriculture and construction, as well as port workers and 
entertainers--may form unions, but their right to collective bargaining 
is limited. The recent modification of the Labor Code contains reforms 
aimed at facilitating collective bargaining in the agricultural sector 
but it is still dependent on employers agreeing to negotiate. Inter-
company unions were permitted to bargain collectively only if the 
individual employers agree to negotiate under such terms.
    Labor laws apply in the duty free zones; there were no export 
processing zones.

    c. Prohibition of Forced or Bonded Labor.--The Constitution and the 
Labor Code prohibit forced or bonded labor, and it was not known to 
occur. While the Labor Code does not specifically prohibit forced and 
bonded labor by children, there were no reports of such practices.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law restricts child labor; however, it was a problem 
in the informal economy. The law allows children between the ages of 16 
and 18 to work with the express permission of their parents or 
guardians. The law allows 15-year-olds to work under certain 
conditions; their parents must consent, they must have finished 
compulsory schooling, and they may only perform light work not 
requiring hard physical labor or constituting a threat to health and 
childhood development. Additional provisions in the law protect workers 
under 18 years of age by restricting the types of work open to them 
(for example, they may not work in nightclubs) and by establishing 
special conditions of work (they may not work more than 8 hours in 1 
day). The minimum age to work in an underground mine is 21 years; 
special regulations govern the ability of 18- to 21-year-olds to work 
at other types of mining sites.
    Labor inspectors enforced these regulations, and compliance was 
good in the formal economy; however, many children were employed in the 
informal economy. UNICEF estimated that approximately 107,000 children 
between the ages of 12 and 19 work. A government study in 1996 
estimated that 15,000 children between the ages of 6 and 11 and 35,000 
children between the ages of 12 and 14 were in the work force. A 1998 
Catholic Church study estimated that 50,000 children under the age of 
15 worked. The majority of these were males from single-parent 
households headed by women; among these were children who worked more 
than 40 hours per week and did not attend school. During the year, an 
ILO study put the number of working children age 12-14 in 2000 at 
14,914, or 2 percent of the children of that age. Children sold chewing 
gum on the street, washed windshields, worked as street performers, 
begged, or helped their parents to harvest crops. The Ministry of Labor 
convenes regular meetings of a tripartite group (business-labor-
government) to monitor progress in eradicating child labor.

    e. Acceptable Conditions of Work.--The law sets minimum wages, and 
the minimum wage is adjusted annually. A tripartite committee 
comprising government, employer, and labor representatives normally 
suggests a minimum wage based on projected inflation and increases in 
productivity. The minimum wage at year's end was approximately $150 
(111,500 pesos) net of deductions per month. This wage was designed to 
serve as the starting wage for an unskilled single worker entering the 
labor force and did not provide a worker and family with a decent 
standard of living. The minimum wage for domestic servants was 75 
percent of that for other occupations (see Section 5). The Government 
estimated that the proportion of the workforce at or below minimum wage 
rose from 9.1 percent in 1998 to 14.4 percent in 1999. According to the 
Government, of the workers who earn the minimum wage, approximately 43 
percent are between the ages of 15 and 19.
    The law sets hours of work and occupational safety and health 
standards. The legal workweek is 48 hours and is scheduled to be 
reduced to 45 hours on January 1, 2005. The maximum workday length is 
10 hours, but positions such as caretakers and domestic servants are 
exempted. All workers enjoy at least one 24-hour rest period during the 
workweek, except for workers at high altitudes who voluntarily exchange 
a work-free day each week for several consecutive work-free days every 
2 weeks.
    Occupational health and safety were protected under the law and 
administered by both the Ministries of Health and of Labor. The 
Government increased resources for inspections by more than 60 percent 
since 1990 and plans almost to double the current number over the next 
3 years, while targeting industries guilty of the worst abuses. As a 
result, enforcement was improving, and voluntary compliance was fairly 
good. Insurance mutual funds provide workers' compensation and 
occupational safety training for the private and public sectors. 
Workers who remove themselves from situations that endanger their 
health and safety have their employment protected if a real danger to 
their health or safety exists.

    f. Trafficking in Persons.--There were no laws that specifically 
prohibit all forms of trafficking in persons; however, the law makes it 
a crime for anyone to promote or facilitate the entry to or exit from 
the country of persons for the purpose of facilitating prostitution. 
Sanctions are increased in cases in which the victim is a minor; in 
which violence or intimidation is used; if deception or abuse of 
authority is involved; if the victim is related or under the tutelage 
of the perpetrator; if advantage is taken of a victim's circumstances 
or handicap; or if the action is of a recurring nature. Child 
prostitution was a problem; there were a few other reports that persons 
were trafficked to or from the country.
    There are legal sanctions for adults who are found to have induced 
children under the age of 18 to engage in commercial sex or engage them 
for the purposes of pornography. UNICEF estimated in 1999 that there 
were roughly 10,000 child prostitutes between the ages of 6 and 18. The 
age of consent is 12 years; the law is vague regarding child 
prostitution above this age unless force, fraud, or abuse of authority 
can be proven.
    The Government employs various measures to help educate the general 
population on trafficking. For example, the Carabinero Public Relations 
Department carried out lectures on prevention intended for children, 
adolescents, and adults with the purpose of preventing the 
disappearance of minors and adolescents as well as avoiding deception. 
Other organizations such as Mother's Centers, and the National Service 
for Minors also offered support programs to prevent trafficking.

                              ----------                              


                                COLOMBIA

    Colombia is a constitutional, multiparty democracy in which the 
Liberal and Conservative parties have long dominated politics. On March 
10, voters elected a bicameral legislature with a mix of Liberal, 
Conservative, and independent members. On May 26, voters elected 
independent Alvaro Uribe President. Both elections were generally free 
and fair, in spite of a concerted campaign by terrorist organizations 
such as the Revolutionary Armed Forces of Colombia (FARC) to disrupt 
them. A major internal armed conflict between the Government and 
leftist guerrillas, particularly the FARC and the terrorist 
organization National Liberation Army (ELN)--as well as right-wing 
paramilitaries, particularly the terrorist organization United Self-
Defense Forces of Colombia (AUC), caused the deaths of between 5,000 
and 6,000 civilians during the year, including combat casualties, 
political killings, and forced disappearances. Serious violations of 
human rights were commonplace. The civilian judiciary was largely 
independent of government influence; however, the suborning or 
intimidation of judges, witnesses, and prosecutors was common.
    The civilian-led Ministry of Defense (MOD) is responsible for 
internal and external security and oversees both the National Police 
and the Armed Forces, including the army, air force, and navy, which 
includes the coast guard and the marines. In addition to the armed 
forces and the National Police, the public security forces include 
armed state law enforcement and investigative authorities such as the 
Administrative Department of Security (DAS), which has broad 
intelligence gathering, law enforcement, and immigration control 
functions, and the Prosecutor General's Corps of Technical 
Investigators (CTI). The National Police are responsible for 
maintaining internal order and security in urban areas, although 
persistent guerrilla assaults on isolated detachments have compelled 
the thinly-staffed Police to leave 157 municipalities without a Police 
presence. The Armed Forces are responsible for order and security in 
rural areas and support the National Police in urban areas when called 
upon. Over the years, the public security forces have taken important 
steps to improve their human rights record; however, some members of 
the armed forces and the police continued to commit serious of human 
rights abuses.
    Despite decades of drug and politically related violence, the 
market-based economy is diverse and relatively advanced. The country's 
population is estimated at 44 million. Crude oil, coal, coffee, and cut 
flowers are the principal legal exports, although illegal drug 
trafficking has created a large illicit economy. Economic growth for 
the year was estimated at 1.6 percent, while inflation measured over 7 
percent. Income distribution was highly skewed, with 67 percent of the 
population living in poverty.
    The Government's human rights record remained poor; there were 
continued efforts to improve the legal framework and institutional 
mechanisms, but implementation lagged, and serious problems remained in 
many areas. A small percentage of total human rights abuses reported 
were attributed to state security forces; however, some members of the 
Government security forces continued to commit serious abuses, 
including unlawful and extrajudicial killings. Some members of the 
security forces collaborated with paramilitary groups that committed 
serious abuses. Impunity remained at the core of the country's human 
rights problems. The civilian judiciary was inefficient, severely 
overburdened by a large case backlog, and undermined by corruption and 
intimidation. Despite some prosecutions and convictions, the 
authorities rarely brought high-ranking officers of the security forces 
charged with human rights offenses to trial.
    Police, prison guards, and military forces mistreated detainees. 
Conditions in the overcrowded and underfunded prisons were harsh; 
however, renovation and new construction ameliorated some problems. 
There were allegations of arbitrary arrests and detentions, 
particularly in ``Rehabilitation and Consolidation Zones,'' and 
prolonged pretrial detention remained a fundamental problem. The 
authorities sometimes infringed on citizens' privacy rights, and the 
security forces sometimes interfered with public demonstrations and 
marches. A number of journalists were killed, and journalists continued 
to work in an atmosphere of threats and intimidation, in some instances 
from local officials, but primarily from paramilitary groups and 
guerrillas. Journalists practiced self-censorship to avoid reprisals. 
There were some restrictions on freedom of movement, generally because 
of security concerns and confined to narrowly defined geographic areas, 
particularly ``Rehabilitation and Consolidation Zones.'' Violence and 
instability in rural areas displaced over 400,000 civilians from their 
homes. The total number of internally displaced persons (IDPs) may have 
exceeded 2.5 million. There were reports that security force members 
harassed members of human rights groups. Violence and extensive 
societal discrimination against women, child abuse, and child 
prostitution were serious problems. Extensive societal discrimination 
against indigenous people and minorities continued. Labor leaders and 
activists continued to be victims of high levels of violence. Child 
labor was a widespread problem. Trafficking in women and girls for the 
purpose of sexual exploitation was a problem. Colombia 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.
    Paramilitaries continued to commit numerous unlawful and political 
killings, particularly of labor leaders, often kidnaping and torturing 
suspected guerrilla sympathizers prior to executing them. 
Paramilitaries also conducted kidnapings for ransom. Paramilitaries 
committed ``social cleansing'' killings of homosexuals and other 
``undesirable'' elements. However, paramilitaries appeared to commit 
far fewer large-scale massacres than in 2001. Paramilitaries often 
interfered with personal privacy in areas where they exercised de facto 
control, and regularly engaged in military operations in which they 
endangered civilian lives by fighting in urban areas and using civilian 
dwellings as combat shelter. Paramilitaries displaced thousands through 
both terror-induced forced displacements of suspect populations and 
military operations that drove peasants from their homes. 
Paramilitaries regularly threatened and attacked human rights workers 
and journalists who criticized their illegal activities. Paramilitaries 
also recruited child soldiers.
    Guerrillas, particularly the FARC, were responsible for a large 
percentage of civilian deaths attributable to the internal armed 
conflict. The rate of guerrilla abuses increased during the year, 
particularly as the FARC attempted to undermine the national elections 
and complicate the peaceful transfer of power between administrations. 
They engaged in a concerted campaign to destabilize municipal 
governments by killing 9 mayors and threatening to execute others, 
forcing nearly 400 mayors to submit their resignations. In addition to 
politicians, guerrillas killed journalists, labor union members, and 
numerous religious leaders. The FARC also continued to kidnap, torture, 
and kill off-duty members of the public security forces. Guerrillas, 
particularly the FARC and the ELN, kidnaped thousands of civilians to 
help finance subversion and put political pressure on the Government. 
Victims were held in deplorable conditions and often tortured both 
physically and psychologically. Guerrillas, particularly the FARC, 
caused mass displacements both intentionally and as byproducts of 
military offensives, and caused thousands of civilian deaths and 
injuries through indiscriminate attacks on small towns and random 
terrorist bombings throughout the country. Guerrillas, particularly the 
FARC, engaged in widespread recruitment of minors and used female 
conscripts as sex slaves.
    In April the Executive Director of the Americas Division of Human 
Rights Watch (HRW) testified that both the FARC and the AUC committed 
similar abuses and crimes, although their motives and goals were 
different.
    The Government operated a protection program for threatened human 
rights workers, union leaders, journalists, mayors, and several other 
groups. The program provided a range of protection options, ranging 
from vehicles and armoring of offices to relocation and economic 
assistance.
                        RESPECT FOR HUMAN RIGHTS

Section 1.Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary and Unlawful Deprivation of Life.--Political, 
unlawful, and some extrajudicial killings remained an extremely serious 
problem. The Permanent Committee for the Defense of Human Rights 
(CPDDH), a prominent local human rights NGO (see Section 4), estimated 
that of the 28,230 homicides reported by the National Police, 4,416 
were politically motivated. The DAS estimated that there were 
approximately 4,025 politically motivated homicides, the vast majority 
committed by nonstate actors. However, some members of the security 
forces continued to commit unlawful killings. The CPDDH reported that 
the security forces committed 59 political killings during the year, or 
1.34 percent of the total. The Jesuit founded Center for Investigation 
and Popular Research (CINEP) reported that security forces were 
responsible for 92 intentional homicides of protected persons in the 
first 6 months of 2001. Most of the incidents cited by the CPDDH and 
CINEP were under investigation by military and/or civilian authorities 
at year's end. Civilian courts tried an increasing number of cases of 
military personnel accused of human rights violations (see Section 
1.e.). Members of the security forces sometimes collaborated illegally 
with paramilitary forces, and the authorities continued to investigate 
past cases of alleged collaboration with or failure to prevent 
massacres by paramilitaries. Investigations of past killings and 
massacres proceeded slowly. There were no published reports that police 
or members of the armed forces committed social cleansing killings.
    On September 25, near the village of Brisas de Yanacue, in the 
municipality of Cantagallo, Bolivar department, army troops broke into 
a private residence before sunrise and killed Florentino Castellanos 
and his 9-year-old son. Castellanos's wife, Mongui Jerez, was seriously 
wounded, losing an arm and a leg. Army troops mistakenly suspected that 
FARC guerrillas were sheltered in the family's dwelling. At year's end, 
the Procuraduria General (the Procuraduria) and the military were 
investigating the incident to establish basic facts and determine if 
the military should transfer its investigation to the Prosecutor 
General's Office (Fiscalia).
    On December 8, the Fiscalia indicted 8 members of the army's Ninth 
Brigade, including a colonel and a captain, for the August 24 killing 
of FARC deserter Robinson Castro. The suspects allegedly killed Castro 
to steal $250,000 (728.1 million pesos) in cash he had intended to turn 
over to government authorities.
    Authorities continued to investigate the April 2001 killing of 
policeman Carlos Ceballos, who had testified in the investigation of 
illegal wiretapping by the Medellin GAULA anti-kidnaping force (see 
Section 1.f.).
    The CPDDH reported that 2,452 persons were killed in massacres 
during the year. The CPDDH defines a ``massacre'' as the killing of 3 
or more persons outside of combat in the same general location within a 
24 period. The MOD reported a much smaller figure, with 361 persons 
killed in massacres during the year. The National Police registered 680 
victims of massacres. Both the MOD and the National Police define a 
``massacre'' as the killing outside of combat of 4 or more persons in a 
single incident. The CPDDH reported that state security forces killed 
86 persons in massacres during the year, although it released no 
information on specific incidents. There continued to be reports of 
acts of negligence or deliberate omission by state security forces that 
facilitated massacres.
    The Inspector General's Office (Procuraduria) received 217 
complaints against members of the state security forces related to 
massacres and unlawful killings. The Procuraduria sanctioned three 
members of the army and eight members of the police on murder charges, 
and exonerated five members of the army, 2 members of the police, and 
one member of the air force. The office continued to refer all cases 
involving human rights violations to the Prosecutor General for 
criminal investigation.
    The Human Rights Unit of the Fiscalia was investigating 173 members 
of the state security forces for human rights crimes at year's end. The 
unit arrested 57 members of the state security forces during the year 
and filed charges against 25 for a variety of crimes including murder, 
torture, kidnaping, and collaboration with paramilitary groups. 
However, for various reasons, including lack of resources for 
investigations, lack of protection for witnesses and investigators, 
lack of coordination between government organs, and, in some cases, 
obstruction of justice by individuals, impunity continued to be 
widespread.
    In 2001 a military trial court exonerated the soldiers involved in 
the August 2000 killing of six children by an army unit in the town of 
Pueblo Rico, Antioquia department; however, the Superior Military 
Tribunal returned the case for reconsideration. No decision had been 
reached at year's end (see Section 1.g.).
    There was no significant progress in investigations by the Fiscalia 
and the Procuraduria of a March 2001 paramilitary massacre in San 
Carlos, Antioquia department, which resulted in the deaths of 13 
persons. CINEP and the Colombian Commission of Jurists (CCJ) charged 
that police and military troops withdrew from the area of the attack 3 
days prior to the massacre, and permitted a truck carrying 15 
paramilitary hostages to pass unchallenged through a military 
roadblock.
    On November 28, prosecutors permanently closed their investigation 
of army Colonel Miguel Angel Sierra, army Captain Carlos Alirio 
Buitrago, and four enlisted men for their alleged participation in the 
January 2000 killings of Uberney Giraldo and Jose Evelio Gallo near the 
village of San Antonio, Montebello municipality, Antioquia department. 
Both Giraldo and Gallo were long-demobilized ELN guerrillas associated 
with the Socialist Renewal Current (CRS) political movement. The 
Fiscalia continued to investigate the suspected participation in the 
crimes of army noncommissioned officers Humberto de Jesus Blandon and 
Sandro Fernando Barrera. The Procuraduria continued its own 
investigation of the case at year's end.
    On June 6, the Procuraduria ordered the dismissal of army 
Lieutenant Emilio Suarez and 28 enlisted personnel for participating in 
the 1997 kidnaping and killing of two suspected guerrillas near Santa 
Ana, Antioquia department, and for subsequently staging a mock combat 
intended to cover up the crimes.
    On November 5, retired army Lieutenant Colonel Jorge Plazas, former 
director of intelligence for the army's 13th Brigade, was sentenced to 
40 years in prison for his role in the 1998 kidnaping and killing of 
Jewish businessman Benjamin Khoudari. The Bogota Supreme Court had 
still not ruled on appeals by two other persons of their convictions 
for aggravated kidnaping and murder in the case.
    Prosecutors continued to investigate the possible involvement of 
public security forces in the May 1998 Barrancabermeja massacre, as 
well as the July 2000 killing of Elizabeth Canas, a key eyewitness. The 
Procuraduria also was conducting an inquiry into Canas's death. No 
progress seemed likely in either investigation.
    There was no ruling in the trial of retired army Colonel Bernardo 
Ruiz, former commander of a military intelligence brigade, for 
allegedly ordering the 1995 killing of Conservative Party leader Alvaro 
Gomez. Two civilians were convicted of the killing and sentenced to 
lengthy prison terms, while four other persons were acquitted.
    The Supreme Court had not yet ruled on an appeal by five army 
officers and four suspected paramilitaries of their 1998 convictions 
for the 1988 Nuevo Segovia paramilitary massacre in which 43 persons 
were killed.
    On May 23, the Council of State overturned on a technicality the 
Inspector General's 1994 order dismissing Brigadier General Alvaro 
Velandia from the armed forces for involvement in the 1987 kidnaping, 
torture, and killing of Nydia Erika Bautista, an M-19 guerrilla. The 
Procuraduria was appealing the decision at year's end. The Association 
of Families of Detained and Disappeared Persons (ASFADDES) and the 
Bogota office of the U.N. High Commission for Human Rights (UNHCHR) 
condemned the decision. ASFADDES and Bautista's relatives had already 
presented the case to the Inter-American Commission on Human Rights 
(IACHR). No progress seemed likely in an investigation of the case by 
the Fiscalia.
    Credible allegations of cooperation with paramilitary groups, 
including instances of both passive support and direct collaboration by 
members of the public security forces, particularly the army, 
continued. Evidence suggested that there were tacit arrangements 
between local military commanders and paramilitary groups in some 
regions, since paramilitary forces operated freely in some areas 
despite a significant military presence. Some members of the security 
forces actively collaborated with members of paramilitary groups--
passing them through roadblocks, sharing intelligence, providing them 
with ammunition, and allegedly even joining their ranks while off duty.
    The military high command stated repeatedly that it would not 
tolerate collaboration between military personnel and paramilitaries, 
and that the armed forces would combat paramilitary groups. Although 
state security forces doubled operations against paramilitaries during 
the year and quadrupled the number of paramilitaries captured since 
2000 (see Section 1.g.), security force actions in the field were not 
always consistent with the leadership's positions. In addition to 
active collaboration, the military often was accused of failing to 
respond in a timely manner to warnings of impending paramilitary 
massacres or selective killings. The military generally cited lack of 
credible information, available manpower, and adequate mobility to 
explain these failures. Impunity for military personnel who 
collaborated with members of paramilitary groups remained common.
    An investigation continued into the January 2001 paramilitary 
massacre of 27 civilians at the village of Chengue, near the town of 
Chalan in Sucre department. On November 12, a specialized criminal 
court in Sincelejo found army Sergeant Ruben Dario Rojas ``not guilty'' 
of facilitating the massacre. The Fiscalia appealed the decision. The 
same specialized court had yet to rule of the culpability of army 
Sergeant Euclides Rafael Bossa, although the evidence against the two 
suspects was similar. The Fiscalia formally linked paramilitary leader 
Nidia Esther Veilla to the crime. The Procuraduria filed formal 
disciplinary charges against nine members of the public security 
forces, including former Navy Admiral Rodrigo Quinones, for possible 
culpable omission in failing to prevent the massacre. Quinones resigned 
from the armed forces effective December 31.
    In December the authorities released two gunmen arrested for the 
August 2001 killing of Yolanda Paternina, local lead prosecutor in the 
Chengue case, for lack of evidence. Two CTI investigators working 
undercover on the case already had disappeared in April 2001 near the 
town of Berrugas and were presumed dead.
    On May 3, the Human Rights Unit of the Fiscalia formally charged 72 
paramilitaries for killing 20 persons in the April 2001 massacre in the 
Alto Naya region, bordering the departments of Cauca and Valle del 
Cauca. Fifteen paramilitaries pled guilty to conspiracy to commit the 
crimes. Three others were convicted of killing and sentenced to 26 
years in prison. The Procuraduria was conducting a disciplinary 
investigation into allegations that the army may have been negligent in 
preventing the massacre. According to prosecutors, no active duty 
service members were implicated in the commission of this crime.
    The Procuraduria was investigating army Brigadier General Eduardo 
Herrera and Police Colonel Guillermo Aranda for possible misconduct 
related to the July 2001 kidnaping by paramilitaries of 43 men near 
Peque, Antioquia department. Seven of these men, who the AUC forced to 
herd cattle, were later found dead. At year's end, it was still unclear 
whether their paramilitary kidnapers killed them or the FARC did on the 
assumption that they were paramilitary collaborators.
    The Procuraduria found no evidence of misconduct by any member of 
the public security forces related to the October 2001 paramilitary 
massacre of 24 persons near the city of Buga, Valle del Cauca 
department. The Fiscalia continued its criminal investigation; however, 
the investigation's closure seemed likely.
    Civilian authorities continued to investigate the February 2000 
paramilitary massacre of 42 persons in the El Salado neighborhood of 
the town of Las Ovejas, Bolivar department. An earlier military 
investigation found complaints of complicity to be unsubstantiated. 
Authorities detained 16 suspected paramilitaries, who were standing 
trial at year's end. The Procuraduria continued its disciplinary 
investigation of nine members of the public security forces, including 
navy admiral Humberto Cubos and former admiral Rodrigo Quinones, for 
potential misconduct related to the incident.
    The Fiscalia also was investigating allegations of army complicity 
in a series of paramilitary crimes in and around the ``peace 
community'' of San Jose de Apartado, in the Uraba region of Antioquia 
department in 2000 and 2001. In two separate incidents in 2000, 
paramilitaries massacred five residents of San Jose and six residents 
of the nearby community of La Union. In March 2001 paramilitaries again 
entered San Jose and threatened members of the community. In July 2001, 
paramilitaries entered La Union, killed one resident, and drove out 
hundreds of others. On March 30, presumed paramilitaries killed a 
member of the San Jose peace community on the road between San Jose and 
the regional capital of Apartado. On October 20, paramilitaries entered 
La Union, ``disappeared'' one resident, and drove out hundreds of 
others, who were displaced to San Jose. To prevent further terrorist 
attacks on the community, the military established a permanent presence 
in the mountains surrounding La Union. La Union's residents had not 
returned by year's end. Although peace community leaders accused the 
army's 17th Brigade of involvement or acquiescence in many of these 
incidents, prosecutors uncovered no evidence of military complicity.
    An investigation continued of army Colonel Victor Matamorros and 
army Captain Juan Carlos Fernandez regarding allegations that the two 
actively collaborated with paramilitaries between 1997 and 1999 in the 
department of Norte de Santander. Matamorros and Fernandez were the 
commander and intelligence chief, respectively, of an army battalion 
based in the departmental capital of Cucuta. Over a period of 5 months 
in 1999, 15 major paramilitary massacres occurred near the Norte de 
Santander towns of La Gabarra and Tibu. On April 8, a court in Cucuta 
convicted Giovanni Velasquez, a paramilitary, of aggravated murder for 
his role in the massacre.
    In March 2001, the Fiscalia charged former Tibu military base 
commander Major Mauricio Llorente, former Tibu police commander Major 
Harbey Fernando Ortega, and 13 policemen with murder and complicity 
with paramilitaries in one of the 1999 Tibu massacres. An investigation 
continued into a related massacre of six persons near the town of Los 
Cuervos. The Procuraduria continued its disciplinary investigation of a 
police official for possible involvement in the Los Cuervos massacre; 
however, it closed its investigation of the Tibu massacre after finding 
no evidence of negligence or complicity by any member of the public 
security forces.
    The Fiscalia closed its investigation into allegations that Colonel 
Rafael Alfonso Hani collaborated with paramilitaries while commander of 
the army's Palace Battalion, based in Buga, Valle del Cauca department, 
from 1999 to 2000. Despite the fact that there was a significant 
increase in paramilitary activity in the region during Hani's tenure, 
prosecutors found insufficient evidence to charge him with a crime. The 
Procuraduria continued its own investigation of Hani.
    The Fiscalia continued to investigate the 1998 paramilitary 
massacre of 19 persons in Puerto Alvira, near the town of Mapiripan, 
Meta department. In March 2001, the Superior Military Tribunal 
confirmed a lower military court's decision to close the military's 
investigation of the case. The Procuraduria formally exonerated Major 
General Agustin Ardila, Major General Jaime Humberto Cortes, Brigadier 
General Freddy Padilla, Brigadier General Jaime Uscategui, and 
Lieutenant Colonel Gustavo Sanchez of any wrongdoing related to the 
massacre at Puerto Alvira. The Fiscalia continued its investigation of 
21 members of the public security forces for alleged collusion with 
paramilitaries responsible for approximately 160 social cleansing 
killings in northeastern Antioquia between 1995 and 1998. The 
Procuraduria was investigating 26 officials on disciplinary charges 
related to the same events. The Fiscalia continued its investigation of 
General Jaime Humberto Uscategui for alleged collusion with 
paramilitaries related to the 1997 Mapiripan massacre. In November 
2001, the Constitutional Court overturned on jurisdictional grounds 
Uscategui's April 2001 military court conviction for dereliction of 
duty in failing to prevent the massacre (see Section 1.e.). The 
Fiscalia also was prosecuting 11 other defendants, including 3 members 
of the armed forces, for offenses related to events at Mapiripan.
    There was no reported progress in an investigation by the Fiscalia 
into allegations that retired Brigadier General Fernando Millan armed 
and equipped a paramilitary group in Santander department that was 
responsible for the killings of at least 11 persons in 1997. On March 
8, the Procuraduria, which was conducting a disciplinary investigation 
of the allegations, exonerated Millan but found army Colonel Hernando 
Sanchez and police Lieutenant Oscar Esteban Hernandez guilty, ordering 
their immediate dismissal. The ruling was confirmed on appeal on July 
9.
    The Fiscalia continued its investigation into allegations that 
former General Rito Alejo del Rio collaborated with paramilitaries in 
the Uraba region of Antioquia department while he was commander of the 
army's 17th Brigade from 1995-97. Del Rio was arrested on these charges 
in July 2001, but subsequently was released based on a controversial 
ruling that there were jurisdictional flaws in the arrest warrant. On 
December 5, the Procuraduria closed its disciplinary investigation into 
similar allegations after finding insufficient evidence of the alleged 
crimes.
    The trial continued of retired army Colonel Jose Ancizar Hincapie 
for alleged collaboration with paramilitaries who killed 11 persons 
between 1993 and 1994.
    Former navy intelligence informant Jimmy Alberto Arenas was 
convicted of murdering 63 persons in Barrancabermeja between 1991 and 
1993 and was sentenced to a lengthy prison term.
    The majority of the approximately 80 cases from the country before 
the IACHR involved violations of the right to life. The IACHR continued 
its attempt to broker an amicable settlement of the former Patriotic 
Union (UP) Party's 1996 complaint charging the Government with ``action 
or omission'' in what the UP termed ``political genocide'' of UP and 
Communist Party members. Negotiations to amicably resolve the dispute, 
which began in 1999, continued. Despite ongoing implementation of a 
Ministry of Interior protection program for members of the UP and the 
Communist Party, little progress was achieved. The Government cited the 
large numbers of complainants as a complicating factor in resolving the 
dispute. Members of the UP continued to be targets of violence. On 
November 26, 10 armed men abducted Omar de Jesus Correa near a mass 
transit station in Medellin. His welfare and whereabouts remained 
unknown at year's end. In 2001 the IACHR presented a case to the Inter-
American Court of Human Rights involving alleged military-paramilitary 
collaboration in the 1996 killings of 19 merchants near the town of 
Simacota, Santander department.
    On July 29, the Government concluded an amicable settlement of 
claims related to the 1992 police killings of eight children and one 
adult in the Villatina neighborhood of Medellin. As part of the 
settlement, the Government agreed to construct and equip the community 
with a modern health center, fund the establishment of an employment-
generating local small business, and indemnify the victims' families. 
Shortly after his inauguration, President Uribe instructed foreign 
ministry officials to reach friendly settlements in all pending cases 
in which state responsibility seemed clear. On October 17, the 
Government began serious negotiations on five cases.
    Paramilitaries committed numerous political and unlawful killings, 
primarily in areas they disputed with guerrillas and generally in the 
absence of a strong government presence. The MOD reported that 
paramilitary forces were responsible for the deaths of 397 civilians as 
of November 30. The Human Rights Ombudsman's Office reported that it 
had received reports of 329 unlawful killings by paramilitaries as of 
October 31. According to the Colombian Commission of Jurists (CCJ), a 
well-known local NGO (see Section 4), paramilitaries were responsible 
for the deaths of at least 930 civilians in the first 6 months of the 
year. Paramilitaries targeted journalists (see Section 2.a.), human 
rights activists (see Section 4), labor leaders (see Section 6.a.), 
community activists, indigenous leaders (see Section 5), local 
politicians, and others they suspected of sympathizing with guerrillas.
    The Fiscalia continued investigations into numerous killings 
committed by paramilitaries in the Magdalena River port city of 
Barrancabermeja, Santander department. During the year, army personnel 
concentrated on combating paramilitary influence in the region. Of the 
54 confirmed members of illegal armed groups captured by the army 
battalion in Barrancabermeja, 48 were paramilitaries. The battalion 
also captured 66 persons involved in gasoline theft, a multi-million 
dollar criminal enterprise dominated by paramilitaries.
    Four paramilitaries were on trial for the February 2001 killing of 
former Cucuta regional ombudsman Ivan Villamizar (see Section 4).
    The Fiscalia was investigating the September 2001 killing by 
presumed paramilitaries of Congressman and House of Representatives 
Acting Peace Committee Chairman Jairo Hernando Rojas.
    Paramilitaries also killed members of the armed forces and national 
police who attempted to hamper their illegal activities. For example, 
on June 14, paramilitary gunmen interrupted an English class at a night 
school in the town of Pamplona, Norte de Santander department, and 
killed local police chief Major Sergio Gutierrez. Gutierrez had 
received death threats warning him to cease efforts to dismantle a 
local paramilitary organization. On November 19, 12 armed men killed 2 
police investigators working on an operation to combat paramilitary 
extortionists in the town of La Ceja, Antioquia department. On December 
3, 15 paramilitaries from the Central Bolivar Block stopped a bus 12 
miles outside the town of Concepcion, Santander department, removed 3 
unarmed police officers dressed in civilian clothes, and killed them. 
The three officers were traveling to the town of Malaga to testify in a 
criminal case against paramilitaries.
    In November 2001, AUC leader Carlos Castano issued a public 
statement promising the cessation of large-scale paramilitary 
massacres. Based on the observations of diplomatic observers and the 
national press, many AUC-affiliated paramilitary groups appeared to 
change their operations accordingly, significantly reducing the number 
of massacres perpetrated by paramilitaries. For example, according to 
the MOD, paramilitaries had killed 54 persons in 11 massacres as of 
November 30, compared with 281 victims in 42 massacres in 2001. The 
National Police released a similar figure, reporting that 59 persons 
were killed by paramilitaries in massacres during the year. However, 
the CPDDH released a much larger figure, reporting that paramilitaries 
killed 1,549 persons in massacres.
    For example, on August 22, members of the AUC's Calima Front, which 
is deeply involved in drug trafficking, kidnaped and killed eight men 
near the village of Barragan, in Valle del Cauca department. Two days 
later, army troops killed two paramilitaries believed to have been 
involved in the killings.
    Prosecutors continued to investigate massacres committed by 
paramilitaries in 2001 in the municipalities of Penol, Antioquia 
department, Frias, Magdalena department, Sabaletas, Valle del Cauca 
department, and a remote region of Boyaca department. There was no 
significant progress in any of these investigations.
    Prosecutors continued to investigate an April 2000 paramilitary 
massacre of 21 men at Tibu, Norte de Santander department.
    The Fiscalia continued to investigate a series of attacks in 
November 2000 in which paramilitaries killed 27 fishermen in the La 
Cienaga de Santa Marta area, Magdalena department.
    The Fiscalia continued to investigate two different massacres near 
Trujillo, Valle del Cauca department, in 1989-90 and 1994. The 
authorities held one accused paramilitary in custody and had 
outstanding arrest warrants for three others. One paramilitary suspect 
was killed while in custody.
    The Fiscalia reopened an investigation into the 1990 killing of 
presidential candidate and former M-19 guerrilla Carlos Pizarro after 
AUC leader Carlos Castano confessed to the killing in memoirs published 
in 2001. In June prosecutors requested that Castano be tried in 
absentia and sentenced to 60 years in prison.
    Paramilitary ``social cleansing'' killings of homosexuals, 
prostitutes, drug users, vagrants, and persons with mental disabilities 
were reported in Barrancabermeja, Cucuta, and other cities. The CCJ 
reported that paramilitaries committed at least 212 ``social 
cleansing'' killings in the first 6 months of the year. For example, on 
June 14, paramilitaries executed two men on the outskirts of the town 
of Giron, Santander department; a note attached to one of the bodies 
attempted to justify the killings on the grounds that the men were 
common criminals. On September 14, paramilitaries in the town of 
Soledad, Atlantico department, killed 19-year-old Mario Paut as a 
presumed vagrant because he had broken a 9 p.m. curfew. Paut had left 
his home at 10 p.m. to buy diapers for his 1-month-old infant.
    During the year, guerrillas, particularly the FARC, appeared to 
have committed a higher percentage of the nation's unlawful killings 
than they did the previous year, often targeting noncombatants. The MOD 
attributed 70 percent of civilian deaths, or 916 killings, to 
guerrillas between January and November. The MOD had attributed 51 
percent of civilian deaths in 2001 to guerrillas. The Human Rights 
Ombudsman's Office reported that as of October 31, it had received 
complaints of 324 intentional killings by guerrillas, 193 by the FARC, 
20 by the ELN, and 111 by unidentified guerrillas. However, the CPDDH 
reported that guerrillas were responsible for only 452 civilian deaths 
during the year, or 10 percent of the total. The CPDDH attributed 382 
killings to the FARC and 53 to the ELN. The CPDDH attributed the deaths 
of 3,882 civilians to unidentified illegal armed groups.
    Guerrilla targets included local elected officials and candidates 
for public office (see Section 3), civic leaders, business owners, 
peasants opposed to guerrilla activities, religious leaders (see 
Section 2.c.), indigenous people (see Section 5), labor leaders (see 
Section 6.a.), and teachers (see Section 2.a.). Some communities 
controlled by guerrillas also experienced social cleansing killings. 
Guerrilla offensives often caused significant civilian casualties (see 
Section 1.g.) and prompted significant displacements (see Section 
2.d.).
    Many unlawful killings committed by guerrillas were politically-
motivated. The security chief for ex-president Andres Pastrana claimed 
to have thwarted 92 attempts on Pastrana's life, the vast majority by 
guerrillas, during Pastrana's 4-year-term that ended on August 7. The 
FARC also attempted to assassinate candidate and current President 
Alvaro Uribe at least 12 times (see Section 3).
    Smaller guerrilla groups also committed politically motivated 
unlawful killings. For example, on April 27, seven members of the 
Popular Liberation Army (EPL) killed a 16-year-old girl in the town of 
San Calixto, Norte de Santander department, for consorting with local 
military personnel.
    The FARC committed more large-scale massacres than it did in 2001. 
The Ministry of Defense attributed 85 percent of civilian deaths in 
massacres during the year, or 307 total killings, to guerrillas. In 
2001 the MOD attributed 36 percent of such deaths to guerrillas. The 
CPDDH reported that guerrillas killed 280 persons in massacres during 
the year, only 11 percent of its much larger estimate of massacre 
victims. According to the CPDDH, the FARC killed 241 persons in 
massacres and the ELN killed 31. The CPDDH blamed the deaths of an 
additional 691 persons on unidentified illegal armed groups.
    On September 15, the FARC abducted 22 coca-leaf pickers near the 
town of Vista Hermosa, Meta department. After 4 days of torture, the 
guerrillas killed 11 coca-leaf pickers and buried them in a mass grave, 
apparently because the FARC suspected they were paramilitary 
collaborators. On August 10, near the town of La Gabarra, Norte de 
Santander department, the FARC shot and killed seven peasants who 
refused to be forcibly recruited. On August 31, near the town of 
Corralito in the Montes de Maria region of Bolivar department, the FARC 
killed eight farm workers whom it accused of being paramilitary 
collaborators.
    Prosecutors continued to investigate the February 2001 killings by 
the FARC of seven ecotourists in Purace national park, bordering the 
departments of Huila and Cauca. Eight senior FARC leaders were 
identified as suspects in the case.
    An investigation continued into the FARC's May 2001 killing of 
seven peasants near the village of Alto Sinu, Tierra Alta municipality, 
Cordoba department. Prosecutors ordered the arrest of Jhoverman 
Sanchez, leader of the FARC's 58th Front.
    There was no progress in the investigation of the ELN's killing of 
nine peasants in the village of La Cristalina, located near the town of 
Puerto Wilches, Santander department, in retaliation for their vocal 
opposition to a government proposal to create an ELN safe haven in the 
region in anticipation of potential peace negotiations.
    The Fiscalia continued to investigate deaths, disappearances, and 
kidnapings of off-duty military and police personnel, often killed as 
part of the FARC's publicly announced ``Pistol Plan.'' On May 12, the 
FARC kidnaped, tortured, and executed nine enlisted soldiers on a 
Mothers Day furlough in Caqueta department (see Section 1.b.). On 
September 14, in Cucuta, Norte de Santander department, a reported 
member of the FARC shot and killed an 18-year-old soldier at his 
mother's home.
    Little progress was made or seemed likely on investigations into 
killings committed by the FARC in its former safe haven (``despeje''). 
For example, no arrests were anticipated for the FARC's killing of 
seven residents of the former despeje town of La Macarena, Meta 
department, in the week following the abolishment of the FARC safe 
haven. Five of the victims were killed reportedly for failing to fully 
cooperate with the FARC, and two others were killed for attempting to 
steal FARC commander Mono Jojoy's custom bed and prize pig following 
his departure.
    The Fiscalia continued to investigate the killings of 20 persons, 
including 8 police officers and the mayor of Vigia del Fuerte, 
Antioquia department, during a March 2000 FARC attack on Vigia del 
Fuerte and Bellavista, Choco department, located on opposite sides of 
the Atrato River. On April 8, the authorities charged three members of 
the FARC with killing and terrorism. They were in custody and awaiting 
trial at year's end.
    The Fiscalia continued to investigate the FARC's December 2000 
killing of Congressional peace commission chairman Diego Turbay, his 
mother, and five other persons in Caqueta department. No progress was 
expected in arresting the senior FARC leaders accused of ordering the 
crime. However, on June 5, a court sentenced--in absentia--Manuel 
Marulanda, alias ``Tirofijo''; Jorge Briceno, alias ``Mono Jojoy''; and 
3 other members of the FARC Secretariat to 396 years in prison for the 
1997 kidnaping and killing of Turbay's older brother, then-Senator 
Rodrigo Turbay.
    On November 5, the Fiscalia ordered the arrest of eight members of 
the FARC's 57th Front for the January 2001 killing of Henry Perea, 
mayor of the town of Jurardo, Choco department. Perea had been pulled 
from his office and shot in broad daylight. No arrests appeared 
imminent.
    On July 30, prosecutors indicted nine senior FARC leaders for the 
September 2001 kidnaping and killing of former Minister of Culture 
Consuelo Araujo near Valledupar, Cesar department. The FARC apparently 
killed Araujo when it became clear she could not maintain the pace 
required for the FARC to outrun military efforts to rescue her. On 
November 18, the Fiscalia ordered the arrest of two other FARC leaders 
for their involvement in the crime.
    Authorities failed to capture FARC Eastern Bloc commander German 
Briceno, known as ``Grannobles''; who was indicted for the 1999 
killings of U.S. citizen indigenous rights activists Terence Freitas, 
Lahe'ena'e Gay, and Ingrid Washinawatok near Saravena, Arauca 
department. On November 28, police arrested three FARC guerrillas 
suspected of involvement in the kidnaping. Confessed FARC member Nelson 
Vargas, who was suspected of participating directly in the killings, 
was serving a prison sentence for the separate crime of rebellion.
    The FARC executed guerrilla soldiers who attempted to desert. For 
example, on June 3, near the town of Yondo, eastern Antioquia 
department, the FARC killed two female soldiers who planned to desert.
    Guerrillas killed citizens using bombs, artillery, and 
antipersonnel landmines, and continued their practice of using gas 
canisters to attack small towns, killing civilians indiscriminately 
(see Section 1.g.).

    b. Disappearance.--The law specifically defines forced 
disappearance as a crime. More than 3,800 cases of forced disappearance 
have been formally reported since 1977. Very few have been resolved. 
The great majority of victims of forced disappearance have never been 
seen or heard from again.
    The CPDDH reported that state security forces were responsible for 
10 forced disappearances during the year. The CCJ reported four such 
cases in the first 6 months of the year. The Procuraduria investigated 
105 members of the state security forces on disciplinary charges 
related to forced disappearances (see Section 1.a.). In 35 cases, the 
allegations were credible enough for the Procuraduria to open a formal 
investigation. One army captain was formally charged, two police agents 
were found guilty and sanctioned, and one police agent was exonerated.
    The law prohibits kidnaping; however, it remained an extremely 
serious problem. According to the Free Country Foundation, an anti-
kidnaping NGO (see Section 4), during the year there were a total of 
2,986 kidnapings; 936 were attributed to the FARC, 776 to the ELN, 180 
to paramilitaries, including the AUC, and the remaining to smaller 
groups such as the EPL (People's Liberation Army) and common criminals. 
Elite government anti-kidnaping units known as GAULAs and other 
elements of the security forces freed 693 hostages and forced the 
release of 190 others. However, despite government efforts, the Free 
Country Foundation reported that at least 62 persons died in captivity 
during the year, including 3 children. Thirty-eight of these persons 
were killed by their captors. On January 29, then-President Andres 
Pastrana signed a new anti-kidnaping law that provides for 40-year jail 
sentences. At the same time, Pastrana announced disbursements of 
approximately $2 million (5 billion pesos) to strengthen the GAULAs.
    Some members of the state security forces were involved in 
kidnaping for ransom. For example, on May 14, police arrested two 
members of the National Police and an official from the Fiscalia for 
participating in the kidnaping of shoe magnate Esteban Rangel. On 
September 20, the BBC reported that some kidnap victims alleged they 
were abducted by members of the police either at roadblocks or after 
having been flagged down by police cars. The report noted that victims 
were uncertain whether they had been kidnaped by corrupt police 
officers or guerrillas using stolen police uniforms.
    Paramilitaries were responsible for the majority of forced 
disappearances. The CPDDH attributed 439 forced disappearances during 
the year to paramilitaries, or 60 percent of such violations. The CPDDH 
also reported that 277 persons were forcibly ``disappeared'' by 
unidentified armed groups. According to the Free Country Foundation, 
paramilitaries were responsible for 180 kidnapings, or 7 percent of all 
kidnapings during the year in which a perpetrator was identified. 
Paramilitaries generally abducted persons suspected of collaboration 
with guerrillas, whom they almost always killed (see Section 1.a.). In 
April and October, presumed paramilitaries abducted persons near the 
town of San Jose de Apartado, in the Uraba region of Antioquia 
department (see Section 1.a.).
    An investigation continued into the June 2001 paramilitary 
abduction of Embera-Katio indigenous leader Kimi Domico in Tierralta, 
Cordoba department. Domico apparently was kidnaped in retaliation for 
cooperation with the FARC. In December 2001, AUC military commander 
Salvatore Mancuso implied that Domico had been killed.
    Authorities continued to investigate the October 2001 paramilitary 
kidnaping of 13 fishermen near the Cienaga de Santa Marta, Magdalena 
department. Three of the victims escaped, and at least six were 
confirmed dead. The four victims still missing were presumed dead.
    Paramilitaries sometimes abducted government employees 
investigating paramilitary crimes (see Section 1.a.). No further 
progress seemed likely in the April 2001 disappearances of two CTI 
investigators near Berrugas, Sucre department, who were working 
undercover on the January 2001 Chengue paramilitary massacre (see 
Section 1.a.). An investigation continued into the 2000 abduction of 
seven members of the CTI near Minguillo, Cesar department. The 
whereabouts of the CTI employees were unknown, and they were presumed 
dead.
    Paramilitaries generally did not hold hostages for long periods of 
time to gain political concessions. However, they did commit kidnapings 
for ransom. For example, in 2000 paramilitaries kidnaped Venezuelan 
businessman Richard Bolton, who was only released on July 15 after his 
family paid a large ransom.
    Kidnaping continued to be an unambiguous, standing policy and major 
source of revenue for both the FARC and ELN. The FARC continued to 
kidnap persons in accordance with its so-called ``Law 002,'' announced 
in March 2000, which requires persons with more than $1 million (2.95 
billion pesos) in assets to volunteer payments to the FARC or risk 
detention. The Free Country Foundation reported that guerrillas 
committed 75 percent of the 2,986 kidnapings reported during the year 
in which a perpetrator was identified. The Foundation reported that the 
FARC kidnaped 936 persons and the ELN 776. In addition, the FARC often 
purchased victims kidnaped by common criminals and then negotiated 
ransom payments with the families. There were many reports that 
guerrillas tortured kidnap victims (see Sections 1.c. and 1.g.). 
Several released kidnap victims claimed that the FARC had been holding 
more than 200 persons in the former despeje before the zone's 
abolishment in February.
    According to the Free Country Foundation, merchants, government 
employees, and cattle ranchers were among the guerrillas' preferred 
victims. However, the largest category of kidnaping victims was 
children, over 384 of whom were kidnaped during the year. In 2001, for 
example, the FARC kidnaped 11-year-old Laura Ulloa from her school bus 
in Cali, and did not release her until April 5. It was suspected that a 
ransom was paid for her return. In October 2001, the FARC kidnaped 18-
month-old Mariana Ossa in a middle class neighborhood of Medellin. 
Although Ossa's parents paid a ransom for her release in July, she was 
not released until December 22. The FARC kidnaped several mayors' 
children to pressure the mayors into resigning (see Section 3).
    According to the Free Country Foundation, 1,714 kidnapings during 
the year, or over 57 percent of the total, were economically motivated. 
During an April 2 newspaper interview, ELN Supreme Commander Nicolas 
Rodriguez, alias ``Gabino,'' stated that the ELN expected to receive 
payment for the release of kidnap victims. Gabino added that kidnap 
victims ``have a specific economic value'' and that ``the Government 
must understand that, if there are funds for a peace agreement, these 
funds must be applied to resolving the situation of these kidnap 
victims.'' The Government immediately rejected Gabino's demand.
    On August 19, the ELN kidnaped 27 tourists from a resort near the 
town of Bahia Solano, Choco department. At year's end, all but three 
had been released, most in return for ransom payments or IOUs 
accompanied by death threats for noncompliance. Victims reported that 
the group, which included retired persons and children, was forced to 
hike 12 hours a day through jungle swamps on meager rations of bananas 
and rice. Many of the victims contracted malaria or other serious 
illnesses and one elderly victim died of a heart attack and was buried 
in an unmarked grave.
    Guerrillas sometimes demanded ransom payments before returning the 
bodies of kidnap victims who died in captivity. For example, in April 
relatives of a merchant kidnaped near the town of Pensilvania, Caldas 
department, paid the FARC nearly $2,000 (5.9 million pesos) to recover 
his body.
    Guerrillas also kidnaped foreigners for ransom. According to the 
Free Country Foundation, 31 foreigners were kidnaped during the year. 
For example, on April 19, the FARC abducted two Canadian citizens and 
one French citizen whose helicopter made an emergency landing in a 
remote region of Narino department. They were released on July 30. 
Government authorities believe a ransom was paid. In October 2001, the 
FARC kidnaped Dutch student Roelant Jonker near the village of Santa 
Cecilia, Choco department. Jonker was released on June 12 in return for 
a ransom of approximately $8,000 (23.6 million pesos). On May 22, a 
combined team of army, police, and DAS personnel rescued 64-year-old 
Maria Luisa Trevissan de Bachetti, an Italian citizen and owner of a 
Venezuelan steel plant, from a joint FARC/ELN team holding her hostage 
in the town of Maico, La Guajira department. Trevissan de Bachetti had 
been kidnaped on April 19 in Venezuela. The guerrillas were demanding 
$10 million (29.5 billion pesos) for her release.
    The FARC committed numerous politically motivated kidnapings in an 
attempt to destabilize the Government and pressure it into a prisoner 
exchange. According to the Free Country Foundation, there were 208 
politically motivated kidnapings during the year. On April 15, HRW 
published a letter to FARC leader Manuel Marulanda that called for an 
immediate end to targeting political leaders.
    On February 20, FARC operatives hijacked an airliner on route from 
Neiva, capital of Huila department, to Bogota, forced it to land on the 
Bogota-Neiva highway, and kidnaped Senator Jorge Eduardo Gechem, 
Chairman of the Senate Peace Commission. The hijacking was apparently 
planned for the express purpose of kidnaping Senator Gechem. Gechem's 
cousin, Diego Turbay, former chairman of the House of Representatives 
Peace Commission, was killed by the FARC in 2000. Gechem's kidnaping 
led then-President Pastrana to declare a definitive end to stalled 
peace negotiations with the FARC and abolish the FARC's despeje in the 
south.
    On February 23, 3 days after the despeje was abolished, the FARC 
kidnaped presidential candidate Ingrid Betancourt and her campaign 
manager, Clara Rojas, on the highway between Florencia and San Vicente 
del Caguan, Caqueta department. On July 23, the FARC released a 
videotape of a thin, tired Betancourt, apparently recorded on May 15. 
In early October, a Bogota television news station received a message 
from the FARC stating that Betancourt was in good condition.
    On April 11, the FARC committed a daring daylight kidnaping of 16 
members of the Valle del Cauca departmental assembly from the 
assembly's headquarters in downtown Cali. FARC operatives dressed in 
army uniforms announced that the building was being evacuated because 
of a bomb threat and hurried victims into a waiting bus painted in army 
colors. Although four victims were rescued by the military in the 
following week, 12 victims remained in captivity at year's end. On 
August 28 and December 27, the FARC released videos of the 12 remaining 
captives, who appeared to be in good health.
    On April 21, the FARC kidnaped Guillermo Gaviria, governor of 
Antioquia, and Gilberto Echeverri, departmental peace commissioner and 
former national Minister of Defense, while the governor was leading a 
peace march through the eastern Antioquia town of El Vaho.
    The FARC continued to hold captive former members of Congress 
Orlando Bernal, Luis Eladio Perez, and Consuelo Gonzalez, kidnaped in 
2001, and Congressman Oscar Lizcano, kidnaped in 2000. All four former 
members' terms expired while they were in captivity. The FARC also held 
former Meta governor Alan Jara, who was kidnaped in July 2001 while 
riding in a U.N. vehicle with the U.N. Development Program (UNDP) 
director and other government officials.
    The FARC continued to hold nine victims of a mass kidnaping carried 
out in July 2001 from a luxury apartment building in Neiva, Huila 
department. The captives included the wife and two children of a 
congressman.
    Members of the public security forces were also among the preferred 
victims of politically-motivated kidnapings. According to the Free 
Country Foundation, 68 members of the public security forces were 
kidnaped during the year, all by guerrillas, particularly the FARC. The 
Ministry of Defense reported that the FARC and ELN continued to hold or 
had ``disappeared'' at least 102 members of the public security forces.
    On April 5, the International Committee of the Red Cross (ICRC) 
recovered the bodies of two police officers, both killed by the FARC. 
One of the bodies was that of Corporal Jose Norberto Perez, the father 
of Andres Felipe Perez, a 13-year-old boy who died of cancer in 
December 2001 after having pleaded with the FARC to release his father 
so that the family could be reunited before the boy's death.
    Guerrillas kidnaped journalists (see Section 2.a.).
    The whereabouts of three American missionaries kidnaped from 
eastern Panama in 1993 remained unknown, and they were presumed dead.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution and criminal law explicitly prohibit 
torture, and cruel, inhuman, or degrading treatment or punishment; 
however, there were reports that the police, military, and prison 
guards mistreated and tortured detainees. The Military Penal Code 
directs that trials of members of the military and police accused of 
torture be held in civilian, rather than military, courts (see Section 
1.e.). The Procuraduria received 103 complaints of torture by state 
agents during the year. CINEP reported that state security forces 
tortured 16 persons during the first 6 months of the year; 14 of these 
cases were attributed to the army and 2 to the police.
    The Fiscalia was investigating accusations publicized during the 
year by the Committee in Solidarity with Political Prisoners (CSPP) 
that members of the Cali GAULA collaborated with paramilitaries in 
abducting and torturing individuals suspected of involvement in 
kidnapings.
    Colonel Jose Ancizar Molano, Captains Alvaro Hernando Moreno and 
Rafael Garcia, Lieutenant Carlos Eduardo Jaramillo, and four 
noncommissioned officers remained on trial at year's end for torturing 
12 marines with asphyxiation and electric shock in 1995.
    CINEP reported 42 cases of torture by paramilitaries during the 
first 6 months of the year. Victims of paramilitary killings often 
showed signs of torture.
    Guerrilla groups also tortured and abused persons. CINEP reported 
only three cases of torture by guerrillas during the first 6 months of 
the year; however, the bodies of many persons kidnaped and subsequently 
killed by guerrillas showed signs of torture and disfigurement. 
Numerous former kidnap victims and hostages taken by the guerrillas 
during combat reported severe deprivation, denial of medical attention, 
and physical and psychological torture during captivity (see Section 
1.b.). The MOD reported that guerrillas tortured or mutilated and 
killed soldiers and policemen after they surrendered (see Section 
1.g.).
    Prison conditions were harsh, particularly for prisoners without 
significant outside support. Severe overcrowding and dangerous sanitary 
and health conditions remained serious problems. The National Prison 
and Penitentiary Institute (INPEC) reported that the nation's daily 
food allowance per prisoner was only $1.25 (3,500 pesos). Private 
sources continued to provide the majority of most prisoners' food. In 
June 2001, based on a lawsuit filed by prisoners incarcerated in 
Valledupar, Cesar department, the Valledupar Supreme Court ordered 
INPEC to improve prison conditions in the department. Many of INPEC's 
10,000 prison guards were poorly trained or corrupt. On March 6, prison 
guards at the Valledupar penitentiary beat an unruly prisoner in his 
cell so severely that he died 36 hours later. The Fiscalia placed the 
six guards under arrest on suspicion of murder. The Office reportedly 
was investigating allegations of prison guard brutality in other 
installations as well.
    Only four prisons--Valledupar, Acacias, Popayan, and Combita--met 
international standards for acceptable conditions for prison 
facilities. Two more prisons designed to meet these standards were 
under construction in La Porada, Caldas department, and Palo Gordo, 
near Bucaramanga, Santander department. In other prisons, inmates paid 
to eat, drink, sleep on a mattress, wash clothes, or make telephone 
calls. Many inmates in such facilities also were forced to pay 
protection money to fellow inmates or corrupt prison guards.
    According to INPEC, overcrowding remained a serious problem. In 
October the country's prisons and jails held approximately 52,900 
inmates, 16 percent over their intended capacity of 45,500. The 
country's largest prisons had some of the highest occupancy levels. For 
example, Medellin's Bellavista prison, the country's largest, held over 
three times as many prisoners as it was designed to hold.
    An estimated 17.8 percent of the country's prisons were between 40 
and 80 years old, 3.5 percent between 80 and 201 years old, and 2.4 
percent more than 201 years old. The Ministry of Justice made some 
progress in implementing a plan announced in 2000 to expand prison 
capacity by 18,000 beds by 2003. Since the announcement, the Government 
renovated 17 of the country's 151 penitentiaries, including some of its 
largest, expanding prison capacity by 6,400 beds.
    The Government sometimes failed to prevent deadly violence among 
inmates. For example, on July 12, a routine cell search in 
Bucaramanga's La Modelo jail revealed plans for a mass escape led by 
ELN inmates and sparked a large riot that resulted in the death of one 
inmate and serious injuries to four others. INPEC reported 8 major 
prison riots, compared with 19 in 2001. However, unlike the previous 
year when 61 inmates died in such uprisings, only 3 lives were lost in 
these disturbances.
    There were no large-scale prison escapes; however, a total of 223 
prisoners did escape from the country's prisons during the year. These 
escapes were divided roughly evenly between classic escapes and abuses 
of administrative privileges such as 72-hour passes. Nevertheless, 
these numbers represented an improvement over 781 escapes registered in 
2000. Enhanced external security, which prevented paramilitaries and 
guerrillas from breaking out imprisoned comrades, and the revocation 
during the year of the policy permitting the issuance of 72-hour passes 
to favored prisoners, accounted for the improvement. Several failed 
escapes were elaborately planned, such as an effort by paramilitaries, 
discovered in October, to tunnel out of Bogota's La Picota prison.
    During the year, the authorities moved high-level narcotics 
traffickers to the new high security prison at Combita, where they 
endured the same spartan conditions as other prisoners. The renovation 
of the high security wing of Bogota's La Picota prison also was 
completed, ending many inmates' relatively comfortable prison 
lifestyles.
    There were separate prison facilities for women, and in some parts 
of the country there were separate women's prisons. Conditions at 
women's prisons were similar to those at men's prisons, but were far 
less violent. According to the Criminal Procedure Code, no one under 
the age of 18 may be held in a prison. Juveniles were held in separate 
facilities operated by the Colombian Family Welfare Institute (ICBF).
    There were no separate facilities for pretrial detainees, who made 
up an estimated 43 percent of all prison inmates. According to INPEC, 
981 pretrial detainees were held in overcrowded police jails, despite 
court orders that they be transferred to long-term detention 
facilities. Failure on the part of many local military commanders and 
jail supervisors to keep mandatory detention records or follow 
notification procedures made accounting precisely for all detainees 
impossible.
    The ICRC continued to have routine access to most prisons and 
police and military detention centers. The ICRC continued to have ad 
hoc access to civilians held by paramilitaries and guerrillas. However, 
the FARC and ELN continued to deny the ICRC access to police and 
military hostages (see Sections 1.b. and 1.g.).

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
includes several provisions designed to prevent illegal detention; 
however, there continued to be allegations that authorities arrested or 
detained citizens arbitrarily. Many such allegations originated in 
``Rehabilitation and Consolidation Zones'' established by presidential 
decree, where security forces were granted expanded powers to establish 
public order.
    President Uribe issued Decree 2002 on September 10 by authority of 
his August declaration of a ``State of Internal Disturbance'' (see 
Section 1.f.). In addition to authorizing the creation of 
``Rehabilitation and Consolidation Zones'', the decree granted the 
police and armed forces the power to make arrests, intercept 
communications, and search private residences without written warrants, 
and to do so without judicial authorization in exigent circumstances. 
However, on November 26, the Constitutional Court struck down 
provisions of the decree that granted police powers to the military, 
emphasizing that prosecutorial officials must determine when personal 
liberty interests can be infringed upon in the interests of public 
safety.
    The Constitutional Court's decision was consistent with its April 
11 ruling striking down the National Defense and Security Act of 2001, 
which had threatened to infringe on the due process rights of persons 
detained or investigated by the military (see Section 1.e.). Among 
other things, the Act had not specified the maximum period detainees 
might be held by the military before being turned over to civilian 
authorities.
    The law prohibits incommunicado detention. Even in Rehabilitation 
Zones, anyone detained by law enforcement authorities must be brought 
before a senior prosecutor within 36 hours of his or her detention. A 
senior prosecutor must then rule on the legality of the detention 
within an additional 36 hours. Despite these legal protections, there 
continued to be allegations of arbitrary detention.
    Conditional pretrial release is available for minor offenses or 
after unduly long periods of investigative detention. In the case of 
most felonies, detention prior to the filing of formal charges cannot 
exceed 180 days, after which a suspect must be conditionally released. 
In the cases of crimes deemed particularly serious, such as murder or 
terrorism, authorities are allowed up to 360 days to file formal 
charges before a suspect must be conditionally released.
    Paramilitaries in the city of Barrancabermeja, Santander 
department, exercised illegal ``social controls,'' such as curfews for 
children, ad hoc punishments for domestic violence and petty crimes, 
and the issuance of paramilitary-produced identification cards to bona 
fide local residents.
    The FARC pressed the Government to adopt a permanent prisoner 
exchange law; however, both the Pastrana and Uribe administrations 
rejected the idea. Families of kidnap victims, particularly relatives 
of 12 Valle del Cauca Assembly members kidnaped in April and still held 
by the FARC (see Section 1.b.), pressed the Government to participate 
in a one-time humanitarian prisoner exchange. During the year, 
guerrillas continued to hold at least 47, and as many as 102, soldiers 
and police who either were captured in combat or kidnaped while off-
duty. The ICRC was not permitted access to them (see Section 1.b.).
    The Constitution prohibits forced exile, and the Government did not 
practice it. However, there were numerous instances of individuals 
pressured into self-exile for their personal safety. Such cases 
included persons from all walks of life, including politicians, 
journalists, human rights workers, slum-dwellers, business executives, 
farmers, and others (see Sections 2.a. and 4). The threats came from 
various quarters: some individual members of the security forces, 
paramilitary groups, guerrilla groups, narcotics traffickers, and other 
criminal elements.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the civilian justice system was independent 
of the executive and legislative branches in both theory and practice; 
however, the suborning or intimidation of judges, witnesses, and 
prosecutors was common. Impunity remained the single greatest problem 
threatening the credibility of the Government's commitment to human 
rights. The university-affiliated Corporation for Judicial Excellence, 
which was preparing a study on impunity, reported that the overall 
level of impunity cited by a variety of governmental and 
nongovernmental sources was between 80 and 95 percent.
    Judges have long been subject to threats and intimidation, 
particularly when handling cases involving members of the public 
security forces or of paramilitary, guerrilla, and narcotics 
trafficking organizations. Violent attacks and threats against 
prosecutors, defense attorneys, and judges continued. Prosecutors 
reported that potential witnesses in major cases often lacked faith in 
the Government's ability to protect them and thus were unwilling to 
testify, hindering chances for successful prosecutions. For example, in 
December two prosecution witnesses failed to appear at the trial of 
three members of the Irish Republican Army who were accused of training 
members of the FARC. One of the witnesses could not be found, and the 
other said that he feared for his life.
    According to a statement issued by the Supreme Court, as of July 
16, terrorist organizations such as the FARC and the AUC had threatened 
judicial officials working in at least 368 courts in 231 
municipalities. As of August 30, 408 judges and 396 prosecutors from 
248 municipalities felt obligated to work out of offices in 
departmental capitals for reasons of security.
    In March 2001, Bogota judge Lesther Gonzalez received threats that 
appeared related to important cases on her docket, including the 1995 
assassination of Alvaro Gomez, the 1997 Mapiripan massacre, and the 
1997 killings of three CINEP volunteers. Also in March 2001, Medellin 
judge Adalgisa Lopera fled the city with her family following a death 
threat. Judge Lopera heard paramilitarism, terrorism, and narcotics 
cases.
    In April 2001, two undercover CTI employees investigating the 
January 2001 Chengue massacre disappeared in Sucre department. In 
December two gunmen arrested for the August 2001 killing of Yolanda 
Paternina, local lead prosecutor in the case, were released for lack of 
evidence (see Section 1.a.).
    An investigation continued into the April 2000 killing of 
prosecutor Margarita Maria Pulgarin in Medellin. Paramilitaries were 
suspected of killing her. One suspect had been charged in absentia; 
however, no one had been detained by year's end.
    The civilian justice system is a separate and independent branch of 
government that uses a Napoleonic legal system incorporating some 
accusatorial elements. The military justice system, which is part of 
the executive branch, also relies on a mixed system, although 
accusatorial aspects predominate.
    On December 16, Congress approved constitutional changes designed 
to convert the current mixed judicial system into a purely accusatorial 
system. The reforms will go into effect in January 2005, prior to which 
major changes will have to be made to the penal, criminal procedure, 
and evidence codes. After that date, judges, rather than prosecutors, 
will issue arrest warrants and decide pretrial motions. Cases will be 
tried in open court and decided on the basis of oral trial proceedings, 
rather than an exhaustive written dossier. Prosecutor General Luis 
Camilo Osorio has predicted that the reforms will reduce the average 
investigatory phase of a case from 3 years to 6 months.
    The judicial system was extremely overburdened. Based on 
information collected from 77 percent of the nation's courts, as of 
September the administrative chamber of the Supreme Council of the 
Judiciary (CSJ) reported that the civilian judiciary suffered from a 
backlog of at least 1,14 million cases, approximately 140,000 of them 
criminal. These backlogs had created large numbers of pretrial 
detainees (see Section 1.c.) In October, the President of the Council 
of State complained that the Council was facing a 6 to 8 year backlog. 
The Fiscalia reported that approximately 220,000 arrest warrants were 
still outstanding.
    The civilian justice system is composed of four functional 
jurisdictions: civil, administrative, constitutional, and special. The 
civil jurisdiction is the largest jurisdiction within the civilian 
justice system, and handles all criminal, civil, labor, agrarian, and 
domestic cases involving non-military personnel. The civil jurisdiction 
is divided into 31 judicial districts, each containing at least one 
judicial circuit encompassing one or more municipalities. A superior 
tribunal serves as each district's court of appeals. The civil 
jurisdiction's 436 magistrates are distributed according to the 
population of each district. The lower circuit and municipal courts, 
each staffed by a judge, a court clerk, and perhaps a few 
administrative personnel, are the basic cells of the civil 
jurisdiction. In the smallest towns, a single ``all-purpose'' judge 
rules on all cases.
    Specialized circuit courts within the civil jurisdiction try cases 
involving crimes designated as grave threats to the administration of 
justice, such as narcotics trafficking, terrorism, paramilitarism, 
torture, and money laundering.
    The Supreme Court is the highest court within the civil 
jurisdiction and serves as its final court of appeals. In addition to 
hearing appeals from lower courts, the Supreme Court has original 
jurisdiction in trials of the President, cabinet ministers, heads of 
independent government agencies, admirals and generals, and magistrates 
of the Supreme Court, Council of State, Constitutional Court, and CSJ.
    The administrative jurisdiction of the civilian justice system is 
divided into 27 judicial districts with an equal number of tribunals. 
Each tribunal has from 1 to 23 magistrates, depending on the population 
of the district. Administrative actions such as decrees and resolutions 
may be challenged in the administrative jurisdiction on constitutional 
or other grounds. The Council of State is the highest court in the 
administrative jurisdiction and serves as the final court of appeals 
for complaints arising from administrative acts.
    The Constitutional Court, which is charged with ``safeguarding the 
integrity and supremacy'' of the Constitution, is the sole judicial 
body comprising the constitutional jurisdiction of the civilian justice 
system. It rules on the constitutionality of laws, presidential 
decrees, and constitutional reforms. The Constitutional Court may also 
issue advisory opinions on the constitutionality of bills not yet 
signed into law, and randomly reviews the decisions of lower courts on 
``tutelas,'' or writs of protection of fundamental rights, which can be 
filed before any judge of any court at any stage of a judicial 
procedure as a legal defense of last resort. Courts must rule on the 
validity of a tutela within 10 days. Approximately 15,500 tutelas were 
before the Constitutional Court for possible review.
    The final functional jurisdiction of the civilian justice system is 
the special jurisdiction. The special jurisdiction consists of the 
justice of the peace program, designed to encourage alternative dispute 
resolution at the municipal level, which has been implemented in less 
than 1 percent of the country's municipalities, and the indigenous 
jurisdiction, which grants indigenous leaders the right to exercise 
judicial functions on indigenous reservations in accordance with 
traditional laws (see Section 5.).
    The CSJ is responsible for the administration and discipline of the 
civilian justice system. The CSJ is divided into two chambers: 
administrative and disciplinary. The administrative chamber supervises 
the civilian justice system's budget and determines its organization. 
The disciplinary chamber disciplines judicial officials and resolves 
jurisdictional clashes, such as those between the civilian and military 
justice systems.
    The Supreme Court, the Council of State, the Constitutional Court, 
and the CSJ are four roughly coequal supreme judicial organs that often 
issue conflicting rulings and frequently disagree regarding 
jurisdictional responsibilities.
    The Fiscalia is tasked with investigating criminal offenses and 
presenting evidence against the accused. The Supreme Court elects the 
Prosecutor General from a list of three candidates selected by the 
President. The Prosecutor General serves a 4-year term that overlaps 
two presidential administrations. The Office is independent of both the 
executive and judicial branches and is divided into national, regional, 
and local offices. The Office has its own corps of armed investigators 
known as the Corps of Technical Investigators (CTI). The Office has 
significant judicial functions; however, consistent with constitutional 
reforms passed in December, it will be converted by 2005 into a purely 
investigatory and prosecutorial agency.
    The Prosecutor General created the Human Rights Unit in 1995. As of 
October, the Unit's 41 prosecutors had 1,369 open cases involving 1,618 
suspects, including 173 members of the state security forces. The Human 
Rights Unit arrested 57 members of the state security forces during the 
year and filed charges against 25 for a variety of crimes including 
murder, torture, kidnaping, and collaboration with paramilitary groups. 
However, impunity continued to be very widespread.
    In November HRW published ``A Wrong Turn; the Record of the 
Colombian Attorney General's Office,'' a report that alleged that under 
the leadership of Prosecutor General Luis Camilo Osorio, the ability of 
the Fiscalia to investigate and prosecute human rights abuses had 
deteriorated. The report accused the Prosecutor General of failing to 
support prosecutors who worked on human rights cases by not providing 
adequate protection for justice officials whose lives were threatened 
and by the dismissal and forced resignation of veteran prosecutors and 
judicial investigators.
    In its December response, the Human Rights Unit of the Fiscalia 
reported that for the first time in its history, Osorio had obtained a 
specific allotment in the national budget for the Unit. While it was 
true that 4 of the Unit's 41 prosecutors had been dismissed during the 
year, their replacements had equal or greater experience. Finally, the 
Unit was working hard to increase the protection available to 
prosecutors.
    The Procuraduria investigates allegations of misconduct by public 
employees, including members of the state security forces. The 
Inspector General, whose term overlaps those of two presidents, is 
elected by the Senate to a 4-year term from a list of three candidates 
nominated by the President, Supreme Court, and Council of State. During 
the year, the Procuraduria received 395 complaints of alleged serious 
violations of human rights by state agents, compared with 502 
complaints in 2001. A total of 235 of these complaints were lodged 
against the army, 3 against the navy, 8 against the air force, and 149 
against the National Police. Of these complaints, 380 were still under 
preliminary investigation, 14 had reached the stage of a formal 
disciplinary investigation, and 1 had resulted in the filing of formal 
charges. The Procuraduria imposes administrative sanctions that range 
from letters of reprimand to dismissal and permanent bans from public 
office. It has no authority to impose criminal sanctions, but can refer 
cases to the Prosecutor General. The Procuraduria referred all cases of 
human rights violations received during the year to the Prosecutor 
General for investigation and reported that that the majority of these 
cases were investigated by the Fiscalia.
    The Office of the Human Rights Ombudsman, or Public Defender, 
employs 923 public defenders nationwide to provide the indigent with 
legal representation in criminal cases. However, as of December, these 
public defenders were required to manage over 70,000 cases. In 
addition, the Ombudsman's 34 departmental and regional offices 
throughout the country provide a legal channel for thousands of 
complaints and allegations of human rights violations (see Section 4). 
The Ombudsman, who reports to the Inspector General, is elected by the 
House of Representatives from a list of three candidates submitted by 
the President to serve a 4-year term that overlaps those of two 
presidents.
    A criminal case begins with a preliminary investigation that can 
last up to 180 working days. If evidence is found linking a particular 
individual to a crime, the case moves into a formal investigative stage 
in which prosecutors have a maximum of 360 working days to file formal 
charges. Once formal charges are filed, the Government has 35 working 
days to bring a case to trial. Trials are open to the public. Judges 
question witnesses directly and determine the outcome of all trials. 
There are no juries.
    The Constitution specifically provides for the right to due 
process. Nevertheless, as of November 30, the Human Rights Ombudsman's 
office had received 1,270 complaints of denial of due process. An 
accused is presumed innocent until proven guilty and has the right to 
timely consultation with counsel. Attorneys from the Ombudsman's Office 
are required to represent indigent defendants; however, representation 
for the indigent has historically been inadequate. During the year, an 
estimated 90 percent of indigent defendants received no assistance from 
a public defender. Defendants have the right to be present at 
proceedings against them, present witnesses and evidence on their own 
behalf, and confront and question prosecution witnesses. Defendants 
also have the right to review government evidence relevant to the case. 
Defendants have the right to appeal a conviction to a higher court. The 
Constitution extends these rights to all citizens.
    The military justice system, as part of the Ministry of Defense, 
falls under the executive branch. To improve the accountability and 
independence of the military justice system, the military judicial code 
was amended in 2000 so that military prosecutors report directly to the 
director of the military justice system, rather than to their local 
unit commanders. The director of the military justice system reports 
directly to the civilian Minister of Defense. Nevertheless, impunity 
for members of the public security forces--particularly high-ranking 
officers--accused of human rights abuses or collaboration with 
paramilitaries remained a problem. Some military justice personnel 
investigating sensitive cases reported they were pressured to make 
particular rulings and threatened or harassed for not doing so.
    The military justice system is composed of the Superior Military 
Tribunal, which serves as the court of appeals for all cases tried in 
the military justice system, and 40 military trial courts. The civilian 
Supreme Court serves as a second court of appeals for cases in which 
sentences of 6 years or more in prison are imposed. The military 
judiciary may investigate, prosecute, and try active duty military and 
police personnel for alleged crimes ``related to acts of military 
service.'' Civil courts must try retired personnel, even for service-
related acts committed before their retirement. The military penal code 
specifically defines forced disappearance, torture, and genocide as 
crimes not related to military service. Moreover, a presidential 
directive issued in 2000 raised ``to the category of law'' a 1997 
Constitutional Court ruling that defined all serious violations of 
human rights as being unrelated to military service. The military penal 
code also provides protections to members of the public security 
services who may feel pressure from commanders to violate human rights. 
For example, the code denies unit commanders the power to judge 
subordinates and extends legal protection to service members who refuse 
to obey illegal orders to commit human rights abuses.
    Criminal investigations by the military justice system are designed 
to be completed rapidly. By law an investigation may last a maximum of 
180 working days, after which a suspect must be brought to trial within 
2 months. However, this rigorous timetable is suspended if a defendant 
appeals the court's jurisdiction or procedural rulings. This exception 
causes many cases in the military justice system to drag on for years. 
For example, jurisdictional appeals accounted for some of the delay in 
the military's investigation of the apparent air force bombing of the 
village of Santo Domingo, Arauca department in December 1998 (see 
Section 1.g.). The military justice system's formal investigation began 
in 2000, and was still in its investigatory phase when it was 
transferred to the civilian justice system in December.
    Criminal procedure within the military justice system is similar to 
that within the civilian justice system, with the exception that the 
military justice system has already incorporated many accusatorial 
elements. Defendants are considered innocent until proven guilty and 
have the right to timely consultation with counsel. However, there is 
no military equivalent to the civilian public defender system; 
defendants generally must retain counsel at their own expense. 
Representatives of the civilian justice system--generally from the 
Procuraduria--have a right to be present at military trials.
    The military judiciary demonstrated a willingness during the year 
to turn cases of military personnel accused of human rights violations 
or other criminal activities over to the civilian justice system. The 
Superior Military Tribunal reported that between August 1997 and 
December it voluntarily transferred 1,377 cases, 627 military and 750 
police, to the civilian justice system. An independent review of the 
627 cases involving military personnel revealed that 168 cases involved 
allegations of gross violations of human rights or collaboration with 
paramilitaries.
    In September 2000, the President signed 12 decrees to reform and 
strengthen the military. The decrees sharpened the definitions, 
classifications, and punishments for crimes, required military 
officials to cooperate with civilian investigators who investigate such 
crimes, and mandated, with limited exceptions, the dismissal of service 
members convicted and imprisoned by either the civilian or military 
justice systems.
    Presidential Decree 1790 of 2000 allows senior military commanders, 
at their discretion, to separate from service any uniformed members of 
the security services regardless of time of service. From October 2000 
through the end of 2001, the military dismissed approximately 600 
members; no figures were available on how many were discharged during 
the year under the authority of Decree 1790. No information was 
available from the MOD regarding the specific reasons for any of the 
dismissals, nor were the names of those dismissed made public. The MOD 
confirmed the claims of many human rights NGOs that a large number of 
those dismissed subsequently entered the ranks of illegal paramilitary 
groups.
    When military officers were tried, convicted, and sentenced for 
human rights violations, they generally were not incarcerated in 
civilian prisons but were confined instead to their bases or military 
police detention centers, as permitted by law. Some performed 
administrative functions while incarcerated. The MOD reported, and the 
Fiscalia confirmed, that military and police prisoners charged by 
civilian prosecutors routinely were suspended from their duties and 
placed on half-pay. Officers and noncommissioned officers were removed 
from any command duties. Forty-one members of the military and 25 
police officers reportedly were suspended at year's end.
    To address concerns about escapes from improvised military 
detention facilities, in June a new high security military prison was 
inaugurated near Melgar, Tolima department. The civilian INPEC provided 
oversight of the military's management of the prison. Although the 
facility was designed to house up to 200 inmates, it was still not 
large enough to house all military prisoners, leaving some in 
facilities of questionable security.
    The case of former General Jaime Humberto Uscategui, accused of 
failing to prevent a 1997 massacre in Mapiripan, Meta department, 
remained under investigation by the Fiscalia (see Section 1.a.). 
Although the Constitution dictates that generals accused of crimes 
related to acts of service must be tried by the Supreme Court, 
Uscategui would be tried by an ordinary criminal court because the 
crimes of which he was accused were unrelated to acts of service.
    According to statistics provided by the CSJ, in cases of 
jurisdictional conflict between the military and civilian justice 
systems, the total number of cases assigned to military courts dropped 
from 50 percent in 1992 to 15 percent in 2000. Over the same period, 
cases assigned to civilian jurisdiction rose from 40 percent in 1992 to 
60 percent. Between January and September, the CSJ ruled on 39 
jurisdictional disputes between the civilian and military justice 
systems, assigning 16 cases to the civilian justice system, 5 cases to 
the military justice systems, and abstaining from ruling on 18 cases.
    The Government stated that it did not hold political prisoners.
    The ICRC had access to the approximately 3,000 prisoners accused of 
terrorism, rebellion, or aiding and abetting insurgency.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law provides for the protection of these rights, 
and the Government generally respected them in practice; however, at 
times the authorities infringed upon them.
    On August 8, President Uribe declared a ``State of Internal 
Disturbance''--upheld by the Constitutional Court on October 2--that 
granted him expanded emergency powers with the potential to abridge 
individual rights. On September 10, President Uribe issued Decree 2002, 
which allowed members of the public security forces to perform arrests, 
searches, and wiretaps without a written warrant. Oral authorization 
from a judicial authority was still required, except in exigent 
circumstances. Arrests, searches, and wiretaps made without prior 
judicial authorization had to be fully justified within 24 hours. On 
November 26, the Constitutional Court struck down's Decree 2002's grant 
of police powers to the armed forces, ruling that only prosecutorial 
authorities may determine when privacy rights can be infringed in the 
interests of public safety. Decree 2002 also authorized the creation of 
special ``Rehabilitation and Consolidation Zones'' in which military 
authorities can exercise exceptional powers, including limiting 
civilian movements and temporarily commandeering private property and 
individual services. Two such zones were created during the year, one 
in the department of Arauca and another encompassing portions of 
Bolivar and Sucre departments. In its November 26 decision, the 
Constitutional Court overturned a provision granting the military 
authority to conduct censuses in these zones.
    With the exception of exigent circumstances, the law generally 
requires a judicial order signed by a senior prosecutor for authorities 
to enter a private home without the owner's consent, even in 
Rehabilitation Zones. The MOD continued training public security forces 
in legal search procedures that comply with constitutional requirements 
and human rights standards.
    Government authorities generally need a judicial order to intercept 
mail or monitor telephone conversations. This protection extends to 
prisoners. However, government authorities sometimes monitored 
telephone conversations without authorization.
    An investigation by the Fiscalia continued into extensive illegal 
wiretapping of human rights NGOs by the Medellin GAULA (see Section 
1.b.). Prosecutors also continued investigating the April 2001 killing 
of police officer Carlos Ceballos, who testified in the case (see 
Section 1.a.). The Procuraduria was conducting its own disciplinary 
investigation into Ceballos's killing.
    The Government generally did not punish family members for alleged 
violations committed by their relatives. However, there were complaints 
that some family members of guerrilla leaders were falsely accused of 
crimes. For example, on July 16, DAS officials in Bogota arrested 
Javier Carvajalino, brother of FARC leader Jesus Emilio Carvajalino, 
alias Andres Paris. Javier Carvajalino, a respected attorney with the 
Bogota district office of the Human Rights Ombudsman's Office, was 
accused of conspiracy to commit terrorist attacks in the nation's 
capital. The arrest was criticized not only by human rights NGOs, but 
by government officials as well, and on November 20, Carvajalino was 
released from custody following a decision by a senior prosecutor to 
close the case for lack of evidence.
    Paramilitaries illegally monitored private communications in 
attempts to identify guerrilla collaborators. They also forcibly 
entered private homes when searching for suspected guerrillas. 
Paramilitaries caused forced displacement. Paramilitaries harassed, 
threatened, and killed individuals because of their membership in 
leftist political organizations, and also threatened and killed family 
members of known guerrillas.
    Guerrillas also arbitrarily interfered with privacy, home, and 
family rights. For example, guerrillas used wiretaps and accessed 
private bank accounts to select victims to extort and kidnap. 
Guerrillas also broke into private homes in search of kidnap victims. 
The FARC caused mass displacements of peasants and engaged in forced 
conscription, particularly of minors (see Sections 1.g. and 5).
    Children were also among the preferred kidnaping targets of 
guerrillas (see Section 1.b.).
    Guerrillas continued a policy of killing, attacking, and 
threatening off-duty police and military personnel, their relatives, 
and citizens who cooperated with them.
    Former female guerrillas reported forced abortions and forced 
implantation of intrauterine devices (see Section 1.g.).

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal Conflicts.--The country's 40-year-old internal conflict--among 
government forces, several leftist insurgent groups, and a right-wing 
paramilitary movement nominally supportive of the State--intensified 
during the year. The internal armed conflict, and the narcotics 
trafficking that both fueled it and prospered from it, were the central 
causes of violations of human rights and international humanitarian 
law. In her 2001 report, U.N. High Commissioner for Human Rights Mary 
Robinson noted that all sides in the conflict failed to respect the 
principles of humanitarian law. She said that ``the conflict has 
deteriorated to such an extent that combatants are disregarding the 
most basic humanitarian precept--the defenseless civilian population 
and children continue to be the principal victims of these actions.'' 
For example, in November 2001, the World Food Program reported that 
armed groups had been hijacking trucks carrying deliveries intended for 
displaced children.
    The Human Rights Ombudsman's Office stated in its 2001 report that 
women, who by and large remain socially and economically disadvantaged, 
continued to be affected disproportionately by violence, particularly 
in war zones (see Section 5). The Ombudsman's Office also noted a lack 
of government programs to address their problems. Female leaders of 
political and peasant organizations in various regions were the targets 
of abuse, threats, torture, and executions. Intrafamilial violence, 
sexual assault, and killing of women remained serious problems 
throughout the country (see Section 5). More than 30 percent of FARC 
combatants were female. Several observers criticized the use of female 
combatants in guerrilla organizations as sex slaves (see Sections 1.f. 
and 5).
    Government security forces generally abided by international 
humanitarian law and respected human rights; however, some members of 
the security forces violated these standards and committed serious 
violations of human rights. Data gathered by CINEP indicated that 
during the first 6 months of the year, state security forces were 
responsible for the deaths of 30 civilians during combat operations. 
Paramilitary groups and guerrillas committed the great majority of 
abuses.
    In December Amnesty International (AI) published ``Colombia: 
Security at What Cost?'', a report that alleged that the Government 
contributed to impunity by weakening the role of civilian human rights 
institutions, restricting the rights of civilians through security 
measures authorized by the declaration of a ``State of Internal 
Disturbance'' and Presidential Decree 2002, and drawing the civilian 
population into the internal conflict through policies such as its 
civilian informant program. The Government insisted it was not 
undermining civilian institutions and that enhanced security measures 
were necessary to establish a secure environment in which illegal armed 
groups could not infringe on human rights.
    There were no reports during the year that the Government 
militarized public hospitals in conflict areas, which had increased the 
risk that the hospitals would become targets of guerrilla attack. There 
were no reports that the Government refused medical treatment to 
guerrillas. In 2000 the Constitutional Court ruled that state security 
forces could not maintain installations such as police stations next to 
schools, to avoid endangering the lives of students in case of 
guerrilla attacks; however, this practice continued in some 
communities.
    Forced displacement is a crime; however, military counterinsurgency 
operations sometimes forced peasants to flee their homes and farms, and 
there was a very large population of IDPs (see Section 2.d.). NGOs and 
international governmental organizations sometimes blamed government 
negligence for large-scale displacements, as occurred in May in the 
department of Choco, where combat between the FARC and AUC along the 
Atrato River displaced at least 3,000 persons from the town of Bojaya 
and surrounding communities. The UNHCHR held the Government partly 
responsible for events at Bojaya, where 119 civilians died, since the 
Government appeared to have ignored warnings from the Catholic Church 
about large groups of paramilitaries traveling past military 
installations along the Atrato. On June 18, the Procuraduria opened a 
formal investigation into the conduct of the security forces before, 
during, and immediately after the Bojaya tragedy.
    The ICRC reported that the Government, including military 
authorities, followed an open-door policy toward the ICRC. For example, 
in the weeks following the abolition of the former FARC ``despeje,'' 
the ICRC was the only international organization granted access to the 
region. The military readily incorporated Red Cross curriculums on 
international humanitarian law in standard military training. However, 
impunity remained a problem. According to military sources, local 
commanders often transferred or discharged soldiers accused of serious 
human rights violations, rather than initiate legal proceedings. It 
remained unclear how many suspected human rights violators were 
investigated or prosecuted after being dismissed (see Section 1.e.).
    There was still no decision by an army judge regarding the 
responsibility of members of an army unit for the 2000 shooting deaths 
of six children in the town of Pueblo Rico, Antioquia department. The 
Superior Military Tribunal returned the case for reconsideration in 
April 2001 following an initial ruling of innocence based on findings 
that the children were caught in a crossfire between the army and ELN 
guerrillas. A decision by the Procuraduria was pending regarding a 
parallel disciplinary investigation of the case.
    In October the Procuraduria ordered the dismissal of two air force 
pilots involved in the 1998 bombing of the town of Santo Domingo, 
Arauca department. The pilots, who at the time of the bombing were 
supporting army units engaged in combat with the FARC, were ruled to 
have acted negligently. On October 31, the Constitutional Court ruled 
that a parallel criminal case being handled by the military justice 
system should be transferred to civilian court. The air force refused 
to accept responsibility for the incident. On January 25, presumed 
paramilitaries shot and killed Angel Riveros, a witness in the Santo 
Domingo investigation and community leader in Arauca department.
    Some members of the public security forces--principally enlisted 
personnel and noncommissioned officers--collaborated with or tolerated 
the activities of illegal paramilitaries. Reasons for collaboration or 
tolerance varied from ideological sympathy and perceived operational 
exigencies to corruption and participation in illegal paramilitary 
activities such as drug trafficking. On May 27, civilian law 
enforcement authorities arrested army Major Orlando Alberto Martinez 
for his alleged role in trafficking thousands of AK-47 assault rifles 
from Bulgaria to the AUC. On May 30, Martinez was dismissed from the 
armed forces based on the discretionary powers of Presidential Decree 
1790 of 2000 (see Section 1.e.).
    Civilian defense authorities and the military high command 
repeatedly emphasized official opposition to paramilitarism and the 
Government's commitment to combat paramilitaries and guerrillas with 
equal vigor. In the first 11 months of the year, public security forces 
killed 183 paramilitaries in combat and captured 1,214.
    Paramilitaries were responsible for numerous violations of 
international humanitarian law and human rights. There were 
approximately 12,000 paramilitaries in the country, organized into 
several associations, the largest and most influential of which was the 
terrorist organization AUC. The AUC experienced a series of leadership 
crises during the year that led to its temporary breakup and a 
reduction in its membership. The largest of the paramilitary 
organizations that formally remained a part of the AUC was the United 
Self-Defense Forces of Cordoba and Uraba (ACCU), which operated in the 
northern part of the country and was led by the principal organizers of 
the AUC, Carlos Castano and Salvatore Mancuso.
    Following a November 2001 statement by Castano promising an end to 
paramilitary massacres, the number of massacres committed by 
paramilitaries appeared to drop dramatically. However, paramilitaries 
still committed massacres and were responsible for many selective 
political killings (see Section 1.a.), which frequently involved 
kidnaping and torture (see Sections 1.b. and 1.c.). Paramilitary groups 
used terror as a tactic to take support away from guerrillas.
    Paramilitaries forcibly displaced civilians residing along key drug 
and weapons transit corridors or suspected of harboring sympathies for 
guerrillas. For example, on August 18, approximately 400 armed 
paramilitaries arrived in the villages of San Francisco and Puerto 
Matilde, located in a FARC-dominated region along the Cimitarra river 
in the municipality of Yondo, Antioquia department. Approximately 600 
persons were displaced. The Human Rights Ombudsman's Office reported 
receiving 1,528 complaints of forced displacement by paramilitaries as 
of October 31. Paramilitaries also prevented or limited the delivery of 
foodstuffs and medicines to towns and regions considered sympathetic to 
guerrillas, straining local economies and increasing forced 
displacement, particularly in the departments of Choco, Antioquia, 
Santander, Bolivar, Cesar, and La Guajira (see Section 2.d.). For 
example, in March, paramilitary violence and intimidation against 
persons transporting food and supplies to the town of San Jose de 
Apartado, in the Uraba region of Antioquia department, created a de 
facto blockade of the town.
    Hundreds of civilians died during the year as a result of combat 
between paramilitaries and guerrillas. For example, the UNHCHR held the 
AUC partly responsible for the deaths of 119 civilians killed by a FARC 
cylinder bomb in Bojaya, Choco department, based on the fact that AUC 
fighters exposed the civilian population to danger by taking shelter in 
the town. Throughout the year, civilians in poor urban areas and rural 
districts were killed and wounded during exchanges of gunfire between 
illegal armed groups. For example, on May 30, four civilians in the 
``Veinte de Julio'' neighborhood of Medellin, Antioquia department, 
were killed by stray bullets during a firefight between paramilitaries 
and leftist urban militias.
    Paramilitaries failed to respect the injured and medical personnel. 
Doctors and hospitals suspected of treating guerrillas were frequently 
declared military targets. For example, on August 16, paramilitaries 
posing as patients killed nurse Amparo Figueroa at the local hospital 
in the town of Miranda, Cauca department. Figueroa's name figured on a 
paramilitary hit list of health care personnel accused of providing 
medical care to guerrillas. The March 2001 paramilitary kidnaping and 
killing of a wounded ELN guerrilla being transported in a Red Cross 
ambulance led the ICRC to suspend the evacuation of wounded combatants. 
ICRC evacuations remained suspended throughout the year. On December 
31, the AUC issued a written pledge that it would not attack 
ambulances, medical infrastructure, medical workers, and members of 
medical missions.
    In anticipation of potential peace negotiations with the 
Government, the AUC declared a unilateral cease-fire beginning December 
1. Several unaffiliated paramilitary groups agreed to abide by similar 
cease-fires. On December 16, Congress amended Public Order Law 418 of 
1997, which authorizes the President to negotiate with ``illegal armed 
groups'', to allow negotiations with groups, such as paramilitaries, 
that had not been granted ``political status'' by the Government. On 
December 26, the Government named six individuals to a special 
``exploratory commission'' that, in cooperation with Peace Commissioner 
Luis Carlos Restrepo, was to make contact with paramilitary groups that 
had expressed an interest in seeking peace with the Government. 
However, not all paramilitaries abided by the cease-fire, and some 
continued to commit serious violations of human rights.
    Although paramilitaries continued to recruit minors throughout the 
year (see Section 5), in December the Central Bolivar Block released a 
total of 19 child soldiers into the custody of a humanitarian 
commission headed by the Colombian Family Welfare Institute (ICBF) (see 
Section 5).
    The country's two largest left-wing guerrilla organizations are the 
16,500 member terrorist organization Revolutionary Armed Forces of 
Colombia (FARC) and the 4,500 member terrorist organization National 
Liberation Army (ELN). While the FARC has grown larger and more 
prosperous in recent years, due to drug trafficking and the temporary 
security of the despeje, the ELN has been in steady decline. In many 
areas previously dominated by the ELN, the two guerrilla groups worked 
together to combat government forces and paramilitaries.
    Both the FARC and the ELN systematically attacked noncombatants and 
violated citizens' rights through unlawful killings, kidnapings, and 
torture (see Sections 1.a., 1.b., and 1.c.). Guerrillas were 
responsible for a large percentage of civilian deaths related to the 
internal conflict. The Human Rights Ombudsman's Office reported that as 
of October 31, 63 percent of complaints it had received regarding 
violations of international humanitarian law related to abuses by 
guerrillas. The FARC alone accounted for at least 45 percent of these 
complaints. According to CINEP, guerrillas killed 1,243 civilians 
during the first 6 months of the year. CINEP attributed 1,115 of these 
deaths to the FARC, and 58 to the ELN. The Ministry of Defense 
attributed 916 civilian deaths, or 70 percent of total unlawful 
killings, to guerrillas (see Section 1.a.). The FARC continued to 
kidnap, torture, and killing off-duty soldiers and policemen as part of 
its openly acknowledged ``Pistol Plan'' (see Sections 1.a., 1.b., and 
1.c.). Guerrillas also were responsible for attacks on religious and 
indigenous leaders and forcibly recruited minors (see Sections 1.g., 
2.c., and 5).
    Guerrillas failed to respect the injured and medical personnel. 
Both the FARC and ELN frequently executed wounded prisoners and 
threatened and killed doctors and nurses. On August 30, for example, a 
joint FARC/ELN unit attacked an ambulance outside the town of Morales, 
Bolivar department, seriously injuring three health care workers. On 
July 28, the ELN stopped an ambulance outside the town of Cravo Norte, 
Arauca department, killed the driver, and stole the medicine he was 
transporting. On December 31, the ELN issued a written communique in 
which it pledged not to attack ambulances, medical infrastructure, 
medical workers, and members of medical missions. According to the Free 
Country Foundation, guerrillas were responsible for the kidnapings of 
29 doctors during the year, most for economic reasons (see Section 
1.b.).
    Guerrillas forcibly displaced peasants to clear key drug and 
weapons transit routes and remove potential government or paramilitary 
collaborators from strategic zones. For example, in early August the 
FARC forced the departure of at least 1,600 peasants from the village 
of Puerto Alvira, Meta department, which is located along the Guaviare 
river, a key transit route. The Human Rights Ombudsman's Office 
reported receiving 2,202 complaints of forced displacement by 
guerrillas, including at least 1,500 instances of forced displacement 
by the FARC. Guerrillas also blockaded communities in areas in which 
they exerted control. For example, following a major landslide in the 
San Lucas mountain range of Bolivar department that destroyed several 
small communities, the ELN prevented government officials and rescue 
teams from reaching the area for nearly a week. On December 30, near 
the town of San Lucas, eastern Antioquia department, the ELN declared 
that no vehicle would be allowed to enter or leave the town. The 
following day, less than a mile outside of town and despite the 
presence in San Lucas of significant numbers of police and army 
personnel, the ELN enforced its order by executing five truck drivers 
who ignored its edict. Later on December 31, the ELN destroyed a major 
bridge linking San Lucas with the Medellin-Bogota highway.
    Guerrillas used landmines to defend static positions such as base 
camps and drug labs and as indiscriminate weapons of terror. According 
to the Vice President's Office, landmines killed an average of two 
persons each day. There were approximately 100,000 landmines in use in 
the country, spread throughout 40 percent of the national territory. 
There were 155 land mine incidents through September 15, involving 459 
victims, 107 of whom died. Fifty-five percent of these casualties were 
members of the Armed Forces. Guerrillas were responsible for over 90 
percent of landmine incidents. In September the International Campaign 
to Ban Landmines singled out the FARC for criticism as one of the 
world's foremost users of landmines. The FARC disguised landmines as 
everyday items such as soccer balls and paint cans, and increasingly 
used plastic mines that could not be detected by standard minesweeping 
technology. Thousands of IDPs were unable to return to their homes 
because of fear of landmines (see Section 2.d.).
    Combat between guerrillas and state security forces or 
paramilitaries resulted in thousands of civilian casualties. For 
example, on May 2, FARC forces launched an inaccurate gas cylinder bomb 
at AUC forces taking cover in the small town of Bojaya, located along 
the Atrato river in central Choco department. The bomb struck the town 
church, where approximately 300 civilians had sought refuge from the 
fighting, leaving 119 civilians dead, including 45 children, and at 
least 105 wounded. On May 20, the UNHCHR's country office held the FARC 
responsible for having fired the gas cylinder. On June 8, FARC 
commander Alfonso Cano was reported to have described the Bojaya attack 
as a mistake caused by the nature of warfare. On November 8, AI 
published a letter to FARC Commander Manuel Marulanda rejecting Cano's 
excuse and calling on the FARC to issue a statement promising to 
respect the right of the civilian population not to be drawn into the 
armed conflict.
    According to the Ministry of Defense, as of November 30, 
guerrillas, particularly the FARC, and, to a lesser extent, the ELN, 
committed nearly 1,000 terrorist bombings. In the early morning hours 
of April 7, for example, a large car bomb exploded in a congested 
nightclub area of Villavicencio, Meta Department. The car bomb, which 
killed 11 and wounded at least 70, was detonated as a secondary device 
that targeted onlookers who arrived to see the results of a smaller 
explosion 5 minutes earlier. On October 22, a FARC car bomb exploded 
outside Bogota's metropolitan police headquarters, killing 3 persons 
and injuring at least 39. A similar bomb exploded outside another 
Bogota police station on December 9, injuring 35. On December 10, 
Bogota police seized four additional FARC car bombs capable of even 
greater destruction. On December 13, a powerful FARC bomb disguised as 
a briefcase exploded in a crowded restaurant on the 30th floor of an 
upscale residential and commercial complex in Bogota, wounding at least 
30 persons. On December 21, the ELN detonated a large car bomb next to 
police headquarters in Cucuta, Norte de Santander department, killing 
four civilians.
    The FARC also targeted particular individuals for bombings. On 
December 13, for example, a FARC book bomb exploded in the hands of 
Senator German Vargas, a strong supporter of President Uribe. Vargas 
lost a finger in the explosion. On August 20, a similar book bomb 
addressed to Prosecutor General Luis Camilo Osorio was intercepted by 
CTI agents before it reached him. The FARC also used other, more 
creative methods of bomb delivery, such as attaching explosives to 
mules and dogs, rigging lost wallets, and booby-trapping dead bodies. 
For example, on April 22, members of the FARC's 61st Front forced two 
children to lead a horse loaded with explosives toward a military 
checkpoint near the town of Acevedo, Huila department. The charge 
exploded prematurely, killing one of the children. On May 3, FARC 
guerrillas killed a 14-year-old boy, attached explosives to his body, 
and forced a civilian to drive it to an army barracks in Vista Hermosa, 
Meta department, where it was deactivated by military anti-explosives 
experts. On December 30, near Cerro Azul, southern Bolivar department, 
an army soldier lost a leg when he accidentally activated a FARC-rigged 
bomb attached to the body of a dead paramilitary fighter killed in 
FARC-AUC combat 5 days earlier.
    Following the abolition of the despeje in February, the FARC 
intensified its systematic campaign to attack and cripple the nation's 
infrastructure. According to government figures, the FARC destroyed 483 
electrical towers, costing the nation approximately $335 million 
(760.45 billion pesos) in repair costs and overall damage to the 
national economy. Large regions of the country were plunged into 
darkness for weeks at a time. The town of San Vicente del Caguan, 
former capital of the despeje, which depended on electrical pumps to 
draw water from underground wells, suffered particularly serious 
deprivation as threats of FARC violence discouraged private trucking 
companies from shipping in water, food, and other basic supplies. As of 
September 30, the National Transportation Association reported that at 
least 75 buses had been hijacked and destroyed by guerrillas, resulting 
in a loss of at least $4 million (9.08 billion pesos).
    The FARC, in conjunction with the ELN, also blew 74 holes in the 
nation's oil pipelines, resulting in a loss of approximately $225 
million (510.75 billion pesos) in government revenue. Attacks on the 
oil infrastructure also caused significant environmental damage. On 
August 12, prosecutors formally charged 9 members of the ELN, including 
senior leader Nicholas Rodriguez, alias ``Gabino'', with murder for a 
1998 oil pipeline bombing in Antioquia department that killed 84 
persons. The FARC also destroyed 62 telecommunications towers and 100 
bridges. In addition, the FARC committed 12 attacks against dams and 
aqueducts, the most notorious of which was its attempt to blow a hole 
in Chingaza Dam, Bogota's principal source of drinking water. Had the 
attack on Chingaza succeeded, it would not only have risked the water 
supply of the country's largest city, but also flooded and destroyed 
Villavicencio, a city with an estimated population of 300,000 and 
capital of the department of Meta.
    In its November 8 letter to FARC commander Manuel Marulanda, AI 
expressed concern over the FARC's July 23 killing of Embera indigenous 
leader Bertuflo Domico in Dabeiba, Antioquia department (see Section 
5). The letter also described the killing of several evangelical 
pastors, including Abel Ruiz on July 31, by presumed FARC members in 
San Vicente del Caguan, Caqueta department (see Section 2.c.). Amnesty, 
as it has in the past, criticized the recruitment of minors and the 
violence committed against women in the FARC (see Section 5). The 
letter called on the FARC and all armed groups in the country to 
respect the rights of noncombatants.

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, journalists regularly practiced 
self-censorship to avoid retaliation and harassment by various groups. 
Individuals criticized the Government both publicly and in private 
without fear of reprisal. The privately owned print media published a 
wide spectrum of political viewpoints and often sharply criticized the 
Government without fear of reprisals. Media ownership remained highly 
concentrated. Wealthy families or groups associated with one of the two 
dominant political parties consolidated their holdings of news media, 
and regional firms continued to purchase local news media outlets. As a 
result of the general economic downturn, large press conglomerates 
closed radio stations and newspaper offices in certain provinces and 
reduced staff. In September financial problems forced El Espectador, 
the nation's oldest newspaper, to change from a daily to a weekly 
publication. Economic problems and concentration of media ownership 
limited the media's resources, causing it to rely heavily on a smaller 
pool of advertisers, including the Government. The National Television 
Commission continued to oversee television programming throughout the 
year.
    The Government did not use libel laws to suppress criticism or 
engage in direct or indirect censorship of the media. However, the 
media's reliance on government advertising revenues may have reduced 
its criticism of government actions and policies.
    The Government did not assert ``national security'' to suppress 
views that were merely politically embarrassing or objectionable on 
other grounds. However, Reporters Without Borders criticized the 
presidential decree that created Special Rehabilitation and 
Consolidation Zones in highly conflictive areas that foreigners, 
including journalists, could enter only with special permission from 
government authorities. The organization stated that ``the possibility 
of journalists being refused entry into the special zones is a flagrant 
violation of the Inter-American Human Rights Convention, whose article 
13 guarantees freedom of movement for journalists.'' In accordance with 
a November 26 decision by the Constitutional Court, the Government 
announced that it would grant foreign press correspondents registered 
with the Government's international press office expedited 
authorization to visit Rehabilitation Zones. A ban on the publication 
of evidence pertaining to criminal investigations, based on secrecy 
provisions of the penal code and an anticorruption statute, also 
remained in effect.
    Police or other public security forces generally did not subject 
journalists to harassment, intimidation, or violence. However, there 
were exceptions, as well as reports of threats against journalists from 
local officials accused of corruption. On January 30, unknown persons 
shot Orlando Sierra, deputy editor and columnist for La Patria 
newspaper in Manizales, Caldas department. He died on February 1. On 
May 9, Luis Fernando Soto was sentenced to 19 years in prison for the 
crime, but accepted a plea bargain that reduced his sentence by 10 
years. Two other persons were under arrest and awaiting trial. A joint 
investigation by seven prominent newspapers and magazines revealed that 
local politicians, whom Sierra had frequently accused of corruption, 
may have ordered his killing.
    During the year, both paramilitaries and guerrillas intimidated, 
threatened, kidnaped, and killed journalists. According to information 
gathered by the International Federation of Journalists (IFJ) and the 
Colombian Foundation for Press Freedom (FLIP), at least 10 media 
representatives were killed, 75 threatened, and 12 kidnaped. At least 
four of the media representatives killed during the year were killed as 
a direct consequence of their work. The number of reported threats was 
believed to be low, since many targeted individuals did not report 
threats to government authorities or NGOs. Domestic and international 
NGOs and other international organizations reported self-censorship by 
the media due to threats from illegal armed groups. In May the 
Committee to Protect Journalists included the country on a list of the 
10 worst places to be a journalist, noting that 29 journalists had been 
killed in the country in the last 10 years.
    Paramilitaries regularly threatened journalists. For example, in an 
interview published in the July 8 edition of Santander department's 
Vanguardia Liberal daily, a paramilitary commander from the Middle 
Magdalena region threatened to execute journalists who published 
sensationalistic stories about paramilitary atrocities. In a July 29 
communique, paramilitaries in the department of Arauca stated that 
``journalists, anchormen, correspondents, and media owners and 
managers'' would be declared ``military targets'' if they failed to 
``live up to the responsibilities of their profession.''
    On March 21, El Espectador columnist Fernando Garavito went into 
exile abroad because of death threats, allegedly from paramilitaries. 
In his columns, Garavito had harshly criticized paramilitary groups, as 
well as then-presidential candidate Alvaro Uribe.
    Paramilitaries were suspected of killing journalists. For example, 
on June 28, outside the city of Arauca in the department of the same 
name, presumed paramilitaries intercepted a vehicle driven by Efrain 
Alberto Varela, director of local radio station Meridiano 70. Despite 
the pleas of Varela's sister and brother-in-law, he was removed from 
the vehicle and killed. Six days before his death, he had denounced on 
the air the arrival of over 100 paramilitaries in the city of Arauca.
    No progress appeared likely in an investigation by the Fiscalia 
into the September 2000 paramilitary killing of Carlos Jose Restrepo, 
publisher of a small newspaper in the department of Tolima and a former 
member of the now demobilized M-19 guerrillas.
    In November a specialized criminal court in Bogota began receiving 
evidence in the trial of two hired killers suspected of killing 
journalist, comedian, and human rights activist Jaime Garzon in 1999. 
AUC leader Carlos Castano was being tried in absentia for his role in 
organizing Garzon's death.
    On July 26, a specialized criminal court in Bucaramanga, Santander 
department, sentenced two paramilitaries to 19 years in prison for the 
1999 murders of cameraman Luis Alberto Rincon and photographer Alberto 
Sanchez in the town of Playon.
    The offices of the Prosecutor General and Inspector General were 
awaiting a ruling on their appeals of ``not guilty'' verdicts issued in 
favor of two paramilitaries accused of murdering newspaper editor 
Guzman Quintero in Valledupar, Cesar department, in 1999.
    There were no developments in the investigation of the 2000 
kidnaping and rape of journalist Jinet Bedoya by men identifying 
themselves as paramilitaries. No progress in the case appeared likely.
    Guerrillas frequently threatened journalists. For example, in July 
the FARC's urban front operating in Cali, capital of Valle del Cauca 
department, sent a statement to the local office of the RCN media group 
accusing eight journalists of being ``enemies of the people and 
defending the interests of the ruling oligarchy.'' The eight were 
warned to leave the city within 3 days or be killed.
    Guerrillas also kidnaped journalists or held them against their 
will. For example, on February 19 and 20 near the village of El 
Currillo on the border between the departments of Putumayo and Caqueta, 
members of the FARC's 49th Front held foreign correspondent T. 
Christian Miller captive while they verified his press credentials. 
They released Miller after 24 hours in captivity. On August 6, near the 
town of Mistrato in the department of Risaralda, members of the FARC's 
Aurelio Rodriquez Front kidnaped three media representatives from the 
local El Tiempo Cafe newspaper and released them the next day. Most 
guerrilla kidnapings of journalists were brief.
    Guerrillas also killed media representatives. For example, on July 
11, members of the FARC abducted and shot Elizabeth Obando at a 
roadblock near the town of Playa Rica, Tolima department. Obando died 
from her wounds on July 13. Obando, who was responsible for the 
distribution of regional newspaper El Nuevo Dia in the municipality of 
Roncevalles, had been involved in a public confrontation with a 
regional FARC leader who objected to a story in the paper criticizing 
FARC extortion, child soldier recruitment, and forced ``agrarian 
reform'' in the area.
    Threats of violence drove at least 13 journalists into exile, 
joining five who had left the country in 2001. Former RCN journalist 
Claudia Gurisatti remained in exile because of FARC threats. Three 
suspects arrested for conspiring to kill her were released because of 
lack of evidence. Vice President Francisco Santos, former editor of the 
country's largest circulation newspaper, Bogota's El Tiempo, and 
founder of the Free Country Foundation, a prominent anti-kidnaping NGO, 
returned from exile to assume the responsibilities of the vice-
presidency.
    The authors of most threats and acts of violence against 
journalists remained undetermined. For example, no progress was made 
and little further progress seemed likely in investigations by the 
Fiscalia into the 2000 deaths of radio journalists Guillermo Leon and 
Alfredo Abad in Florencia, capital of Caqueta department.
    In October the International Federation of Journalists opened an 
office in Bogota to monitor violence against the media and help provide 
assistance to local journalists. In 2000 the Inter-American Press 
Society had opened its own rapid action unit in Bogota to help the 
Fiscalia investigate crimes against journalists. The Ministry of 
Interior operated a program for the protection of journalists, 
established by an August 2000 presidential decree. During the year, the 
program provided protection to 41 journalists. The Ministry of the 
Interior also supported an alerts network organized for journalists by 
providing a small number of radios and an emergency telephone hot line. 
In October the Attorney General's office, in response to rising crimes 
against journalists, added 12 new prosecutors to its unit dedicated to 
investigating attacks against the press.
    Domestic organizations that promoted freedom of the press included 
the Colombian Foundation for Press Freedom (FLIP) and Media for Peace.
    The Government did not limit or block access to the Internet or 
censor websites.
    The Government did not restrict academic freedom. However, 
paramilitary groups and guerrillas maintained a presence on many 
university campuses, aimed at generating political support for their 
respective campaigns and undermining support for their adversaries 
through both violent and nonviolent means. Paramilitaries threatened 
and killed university professors and students they suspected of leftist 
sympathies. For example, in 1999 the AUC took credit for killing a 
University of Antioquia student. Following the killing, the AUC 
released a list of other ``subversive'' students it demanded cease 
their ``delinquent activities'' or leave the university on pain of 
death. Several of these students withdrew. Paramilitaries have had 
their greatest influence in the north of the country, where in the last 
7 years they are suspected of killing as many as 12 students and 
professors at the University of Atlantico, in Barranquilla, Atlantico 
department, and as many as 10 at the University of Cordoba, in 
Monteria, Cordoba department.
    Leftist guerrillas used university campuses to plan, prepare for, 
and carry out terrorist attacks. On October 26, the Medellin 
metropolitan police discovered 332 explosive devices hidden on the 
campus of the University of Antioquia. The explosives were linked to an 
illegal student organization with ties to FARC urban militias. On 
November 20, a protest at the Industrial University of Santander (UIS), 
in Bucaramanga, turned violent, apparently after six members of the ELN 
infiltrated the demonstration against the university's new private 
security firm, which leftist students accused of participating in the 
Government's civilian informants program. One student was killed, and 
10 students and 12 policemen were injured. On November 22, four mortar 
rounds launched from the campus of the National University landed on a 
grass field in front of the headquarters of the Fiscalia, wounding one 
passerby. At year's end, a government investigation had uncovered no 
evidence of student involvement in the attack.
    Both paramilitary groups and guerrillas regularly threatened and 
killed public school teachers, particularly at the high school level. 
In November Minister of Education Cecilia Maria Velez reported that 
approximately 800 teachers, mostly in rural areas, were working under 
the shadow of death threats from illegal armed groups, particularly the 
FARC. According to the National Teacher's Union (FECODE), 83 teachers 
were killed during the year, most by paramilitaries. For example, on 
October 28, in the village of Media Luna, Pivijay municipality, 
Magdalena department, four alleged members of the AUC shot and killed 
Oscar David Polo at the entrance of the school where he taught. Four 
teachers were killed in this small municipality during the year, and 9 
total in the department of Magdalena. A total of 14 teachers were 
killed in the department of Antioquia, more than in any other 
department.
    Investigations continued into 1999 attacks against three prominent 
academics: Jesus Antonio Bejarano, a former government peace 
commissioner; Dario Betancur, head of the social sciences faculty of 
Bogota's Universidad Pedagogica; and Hernando Henao, an anthropologist 
who published on the subject of displaced persons. Prosecutors 
suspected the FARC of responsibility for Bejarano's death and the AUC 
of responsibility for killing Henao.
    As a result of these and other incidents, many professors and 
students assumed a lower profile. Some universities banned 
extracurricular social activities that addressed controversial topics 
related to the internal armed conflict. Some academics went into 
voluntary exile.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of peaceful assembly, and the Government generally 
respected this right in practice. The authorities normally did not 
interfere with public meetings and demonstrations and granted the 
required permission except when they determined that there was imminent 
danger to public order.
    There were large demonstrations on many occasions by citizens 
throughout the country, some to repudiate terrorist activities, and 
others to protest government budget cuts and social policies. The 
authorities generally did not interfere. For example, on September 16, 
approximately 800,000 public employees throughout the country went on 
strike and held large marches in major cities to protest government-
sponsored pension, labor, and tax reform bills. The protest was 
generally peaceful. However, the following day, government officials 
announced that employees whose positions were considered essential, 
such a firefighters and judges, would be sanctioned for having 
participated in the strike. Also, throughout the week of September 16 
there were clashes between members of the public security forces and 
peasants conducting parallel mobilizations in rural areas to protest 
government agricultural programs and related policies. The security 
forces temporarily detained hundreds of peasants to enforce a 
government decree that prohibited impeding transportation on public 
highways. The Government claimed, and some peasants confirmed, that the 
FARC pressured some peasants into participating in the protests. On 
September 17, the Government expelled three Spanish citizens it claimed 
were inciting peasant protests (see Section 4).
    The Constitution provides for freedom of association, and the 
Government generally respected this right in practice. Legal 
organizations are free to associate with international groups in their 
field. However, membership in proscribed organizations such as the 
FARC, ELN, EPL, and AUC is a crime. Freedom of association was limited 
in practice by threats and acts of violence committed by illegal armed 
groups against labor unions and NGOs (see Sections 4 and 6.a.).

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    Although there is no official state religion, most citizens were 
Roman Catholic and the Roman Catholic Church retained a de facto 
privileged status. Accession to a 1997 public law agreement with the 
State is required for non-Roman Catholic religions to minister to their 
adherents in public institutions, such as schools and hospitals. 
Although 12 Christian churches acceded to the agreement, the Government 
has not given a similar opportunity to hundreds of other mostly small, 
evangelical churches that received legal recognition after 1997. 
Protestant churches also complained that new zoning laws showed de 
facto favoritism toward Roman Catholicism, since most Roman Catholic 
cathedrals were constructed before zoning laws were instituted and were 
therefore exempt from the laws' requirements.
    The Human Rights Unit of the Fiscalia reported that it was 
investigating 42 crimes believed to have been religiously motivated.
    Paramilitaries sometimes harassed religious leaders and members, 
usually for political reasons.
    On March 6, a court sentenced the convicted murderer of Roman 
Catholic priest Jorge Luis Maza and Spanish aid worker Inigo Egiluz to 
31 years in prison. Nine alleged members of a paramilitary group 
arrested in connection with this crime were released for lack of 
evidence. The case was closed at year's end.
    The FARC and ELN threatened and committed acts of violence against 
religious leaders and members, usually for political reasons, and 
inhibited the right to free religious expression in areas they 
controlled.
    The Bishop's Conference of the Roman Catholic Church reported that 
illegal armed groups killed 11 Catholic priests during the year. The 
FARC is suspected of most of these killings. On January 12, Guillermo 
Leon Corrales, a Roman Catholic priest resident overseas who was 
visiting family, was killed in the town of La Estrella, near Medellin, 
Antioquia department. Several years earlier, Corrales had been 
threatened by members of a radical leftist student organization at the 
Medellin high school where he taught. Another priest was confirmed 
killed by the FARC in the same region the following day. The Government 
was investigating the possibility that the killings were related.
    On March 16, Isaias Duarte, Roman Catholic Archbishop of Cali, was 
killed as he left a church in a poor Cali neighborhood. On November 29, 
the Fiscalia indicted FARC 30th Front commander John Fredy Jimenez and 
a hired gunman for carrying out the crime. A second gunman had been 
killed in prison in May. Prosecutors also opened a formal investigation 
of seven members of the FARC Secretariat, including Pedro Antonio 
Marin, alias ``Tirofijo,'' and Jorge Briceno, alias ``Mono Jojoy,'' who 
they suspected ordered Duarte's killing to silence his blunt criticism 
of their criminal activities and insincerity in peace negotiations.
    On July 13, two unknown assailants killed Sister Marta Ines Velez, 
director of the Marcelino Mothers Shelter in the town of Mogotes, 
Santander department. Sister Velez was the religious community delegate 
to the Mogotes community assembly, an organization whose efforts to 
promote peace won the town the country's 1998 National Peace Prize.
    On October 20, the army foiled a plot by the FARC to kidnap 
Francisco Javier Munera, the Roman Catholic Bishop of Florencia, 
Caqueta department. After the army learned of the plot, Bishop Munera 
was moved to a different location.
    On November 11, FARC guerrillas kidnaped Jorge Enrique Jimenez, 
president of the Latin American Bishops Conference and Bishop of 
Zipaquira, Cundinamarca department, along with parish priest Desiderio 
Orjuela. On November 15, members of the armed forces rescued the two 
churchmen.
    According to the Christian Union Movement (MUC), an association of 
evangelical Christian churches, 32 Protestant pastors had been killed 
as of November 30. According to the MUC, 93 pastors had been killed 
since 1994. The FARC was believed responsible for 90 percent of the 
killings of Protestant pastors. FARC threats and violence forced the 
closure of hundreds of evangelical churches, particularly in the 
southwestern part of the country. According to the MUC, the FARC 
targeted Protestant pastors and church members for political, rather 
than religious, reasons.
    In August FARC guerrillas shot and killed Pentecostal clergyman 
Abel Ruiz in San Vicente del Caguan, Caqueta department, capital of the 
FARC's former despeje. On July 14, FARC guerrillas shot and killed Jose 
Vicente Flores, another United Pentecostal Church minister, in the same 
church.
    On October 17, near the town of Anserma, Caldas department, ELN 
guerrillas executed Bishop Gabriel Arias, Vicar of Armenia, Quindio 
department, while Arias was on a humanitarian mission to plead for the 
release of former Quindio governor Ancizar Lopez, the victim of an ELN 
kidnaping.
    Authorities failed to capture the FARC's Arley Leal and Milton de 
Jesus Tonal, who were suspected of the 1998 killing of Roman Catholic 
priest Alcides Jimenez in Putumayo. The Procuraduria continued to 
investigate possible government negligence in failing to prevent the 
killing.
    Investigations continued into the March 2000 killing of Roman 
Catholic priest Hugo Duque in Supia, Caldas department, and the March 
2001 killing of Protestant pastor Onofre Hernandez in Arauca City, 
Arauca department. There appeared to be little likelihood of progress 
in either case.
    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 with 
the right to travel domestically and abroad, and the Government 
generally respected this right in practice; however, there were 
exceptions. For example, in areas where counterinsurgency operations 
were underway, police and military officials often required civilians 
to obtain safe-conduct passes. In special Rehabilitation and 
Consolidation Zones established by presidential decree, travel was 
restricted and persons were sometimes detained for up to 24 hours so 
that officials could conduct identification checks as provided by law. 
Paramilitaries and guerrillas used similar means to restrict travel in 
areas they controlled. The Government implemented curfews in conflict 
zones. Outsiders who wished to enter indigenous reservations had to be 
invited.
    Throughout the year, roadblocks erected by paramilitaries 
guerrillas, and peasant farmers inhibited transportation, 
communication, and commerce (see Sections 1.g. and 2.a.). Social 
organizations also resorted to blocking roads to protest government 
actions or policies (see Section 2.b.). Almost every major artery was 
closed at some point during the year. There were numerous reports of 
members of indigenous communities, particularly in Putumayo, being 
forbidden to leave their communities without either paramilitary or 
FARC permission, and in which paramilitaries and guerrillas blockaded 
communities.
    The U.N. High Commissioner for Refugees (UNHCR) reported that 5,086 
Colombians registered as refugees in Ecuador, Panama, and Venezuela. An 
additional 3,995 Colombians requested asylum in Ecuador, the 
neighboring country with the most liberal asylum policy. Hundreds of 
Colombians also fled to Costa Rica. There were few reports of the 
forced return of refugees from Panama, Ecuador, or Costa Rica, although 
most refugees received little assistance. There continued to be reports 
that refugees were forcibly repatriated from Venezuela.
    In April the Constitutional Court upheld a May 2000 law that 
criminalized forced displacement; however, there was a large population 
of IDPs caused by forced conscription and incursions by paramilitaries 
and guerrillas, battles between illegal armed groups, and military 
counterinsurgency operations that displaced peasants from their homes 
and farms.
    Both paramilitaries and guerrillas used forced displacement to gain 
control over disputed territories and to weaken their opponents' base 
of support. Authorities sometimes encouraged civilian populations to 
move back to their homes before security situations had normalized, or 
civilians returned before it was advisable.
    In August 2001, the U.N. Special Coordinator on Internal 
Displacement characterized the country's internal displacement problem 
as ``acute.'' According to the UNHCR, the country ranks second among 
countries with the largest IDP populations. The Government estimated 
that there were 350,000 new displaced persons during the year, a 
significant increase from 2001. According to the Consultancy for Human 
Rights and Displacement (CODHES), a human rights NGO specializing in 
displacement issues (see Section 4), 353,000 civilians were displaced 
during the first 9 months of the year. If CODHES's statistics were 
accurate, and displacements continued at the same rate during the last 
3 months of the year, over 400,000 persons were displaced during the 
year, an increase of at least 50,000 over 2001. Precise numbers of IDPs 
were difficult to obtain, since some were displaced more than once and 
many did not register with the Government or NGOs. The FARC and the ELN 
discouraged IDPs from registering with the Government through force, 
intimidation, and disinformation. Guerrilla agents masqueraded as IDPs 
to sow doubt and discontent among the displaced population. The 
Government's IDP service agency, the Social Solidarity Network (RSS), 
reported a significant increase in the number of municipalities 
affected by displaced populations. According to government figures, 
since 1996 over 927,000 citizens had registered as IDPs. CODHES 
estimated that over 2 million persons were displaced over the same 
period. The RSS worked with the UNHCR, CODHES, and the Bishop's 
Conference of the Roman Catholic Church to develop a system for 
providing more accurate estimates of IDPs; however, they had yet to 
reach agreement on such a mechanism.
    CODHES stated that some persons have been displaced for as long as 
10 years, but it could not define a typical timeframe. CODHES estimated 
that 65 percent of displacements became permanent, while the ICRC 
placed the figure at 50 percent. The U.N. Thematic Group, an 
intersectoral working group composed of U.N. agencies, government 
agencies, and NGOs, reported that state agents were responsible for 
less than five percent of displacements during the year. 
Paramilitaries, on the other hand, were responsible for 55 percent, and 
guerrillas for 40 percent.
    The vast majority of IDPs were rural peasants displaced to cities, 
where many had difficulty integrating into society. Many displaced 
persons settled on the outskirts of large cities such as Bogota, 
Bucaramanga, Medellin, and Cartagena, where conditions were overcrowded 
and unsanitary. Poor neighborhoods were overwhelmed by a need for basic 
public services. According to CODHES, 57 percent of IDPs were women, 22 
percent were female heads of household, and 70 percent were under the 
age of 19. In July UNHCR reported that 72 percent of all IDPs were 
women and children. Some families fled or remained displaced to avoid 
the forced recruitment of their children by guerrillas (see Sections 
1.f. and 5). Thousands of IDPs were unable to return to their homes 
because of the presence of antipersonnel mines (see Section 1.g.). 
Displaced women and girls were particularly vulnerable to domestic 
violence and sexual abuse and exploitation (see Section 5). PAHO 
reported that only 65 percent of displaced households had access to 
health services through the general social security system, and that 
many could not afford the required co-payment, despite the fact that it 
was as low as 15 percent of a person's total medical expenses. UNICEF 
estimated that only 68 percent of displaced children attended school. 
Malnutrition among displaced children was common. According to the 
UNHCR, more than one-third of IDPs were indigenous or Afro-Colombian.
    The Government was unable to provide sufficient humanitarian 
assistance to the displaced, despite statutes and court rulings 
requiring it to do so. Although conditions for IDP communities varied 
in different regions, conditions for displaced persons in many 
locations were poor and unhygienic, with little access to health care, 
and few educational or employment opportunities. Government assistance 
for the displaced was provided principally through the RSS, the 
Colombian Family Welfare Institute (ICBF), and the Ministry of Health. 
However, the Government itself acknowledged that the ICRC and various 
NGOs provided 70 to 80 percent of humanitarian assistance received by 
the displaced. Most displaced persons received emergency humanitarian 
assistance from the ICRC, the RSS, or NGOs for only 90 days, although 
some IDPs received it for longer, and others never received any aid. 
The ICRC provided emergency assistance to 200,000 displaced persons 
during the year. The local office of the UNHCR, which is headquartered 
in Bogota and has four field offices throughout the country, worked to 
strengthen the Government's ability to address the IDP crisis. In June 
the UNHCR expanded to Antioquia department a project begun in 1999 to 
provide identification documents to IDPs. More than 52,000 persons had 
received documents under the project since its inception.
    On December 21, the police removed an organized group of 106 IDPs 
from the former headquarters of the ICRC in Bogota. It appeared that 
the squatters departed voluntarily after having been warned that if 
they did otherwise, they would be forcibly evicted. Many of the IDPs 
already owned homes through a government-sponsored subsidy program. 
Those who did not own homes were lodged in a local hotel at government 
expense until other accommodations were found. Prior to the IDPs' 
expulsion, at least 200 others had either moved to their subsidized 
homes or found other long-term solutions that allowed them to leave the 
ICRC's former headquarters.
    The Constitution provides for the right to asylum under terms 
established by law in accordance with the 1951 U.N. Convention Relating 
to the Status of Refugees and its 1967 Protocol. The country has a 
tradition of providing asylum dating from 1920s. The Government 
reserves the right to determine eligibility for asylum, based upon its 
own assessment of the nature of an applicant's claim. 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. According to the U.S. Committee for Refugees, 207 
recognized refugees resided in the country. During the year, 9 persons 
applied for asylum. Three applications were rejected, and six were 
pending at 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. Presidential elections are held every 4 years, with 
the incumbent barred from reelection. Members of Congress are also 
elected to 4-year terms. Governors, mayors, and other local officials 
are elected to 3-year terms. Congressional and presidential elections 
were held in March and May, respectively. The last elections for local 
officials took place in October 2000.
    On March 10, voters elected a bicameral legislature with a mix of 
Liberal, Conservative, and independent members. On May 26, voters 
elected independent Alvaro Uribe President. Both elections were 
generally free and fair, in spite of a concerted campaign by terrorist 
organizations such as the FARC to disrupt them. The Liberal and 
Conservative parties often negotiated with members of smaller, 
independent parties to form working coalitions. In the House, the 
Liberal Party held on to 58 seats, while the Conservative Party held 
21. The remaining 87 seats were filled by candidates from some 40 
different ``independent'' political movements, some loosely affiliated 
with the Liberal and Conservative parties. In the Senate, Liberals took 
31 seats, Conservatives took 13, indigenous candidates took 2 
constitutionally mandated seats, and independents filled the remaining 
56 seats.
    Political parties generally operated freely without government 
interference. Parties that fail to garner 50,000 votes in a general 
election lose the right to present candidates and receive government 
funds. However, they may reincorporate at any time by presenting 50,000 
signatures to the National Electoral Board. Suffrage is universal and 
voluntary for citizens age 18 and over, except for active duty members 
of the police and armed forces, who are prohibited from voting. 
Civilian public employees, although eligible to vote, are not allowed 
to participate in partisan politics.
    The congressional and presidential elections, conducted under 
unprecedented levels of state security, were generally free and fair, 
despite attempts by paramilitaries and guerrillas to interfere in the 
political process. However, the National Electoral Commission 
invalidated 17,000 votes based on evidence of fraud, annulling the 
victories of five Senators-elect. In areas dominated by paramilitaries, 
such as the department of Cordoba and urban areas of the Middle 
Magdalena region, paramilitaries gathered community leaders--sometimes 
by force--to instruct them on acceptable candidates. However, despite 
paramilitary boasting that they elected 35 percent of the legislature, 
election results revealed that candidates reportedly endorsed by 
paramilitaries consistently lost in regions dominated by these groups. 
For example, in the city of Barracabermeja, where paramilitary 
influence was widely acknowledged, all candidates reportedly endorsed 
by paramilitaries lost the elections by wide margins.
    Guerrillas conducted a systematic campaign of violence designed to 
disrupt and discredit the national elections. The FARC attempted to 
assassinate Alvaro Uribe when he was a candidate more than 12 times, 
including a major bomb attack on April 14 in the coastal city of 
Barranquilla that left 3 dead and 13 injured, including 10 civilians. 
The FARC threatened to kill civic leaders and residents of towns in 
which most voters cast their ballots for Uribe, and successfully 
prevented thousands of peasants in rural areas from going to the polls. 
Nevertheless, in FARC influenced regions, such as the department of 
Caqueta, Uribe won by a large margin. In retaliation for Uribe's first 
round election victory, on June 5 the FARC killed Luis Carlos Caro, the 
mayor of Solita, a town in Caqueta department that voted overwhelmingly 
for Uribe. In an attempt to destabilize the country prior to Uribe's 
inauguration, the FARC extended its threats to all local elected 
officials throughout the country, resulting in the submission of 
resignations by 399 mayors nationwide. Another 300 mayors were 
obligated to carry out their responsibilities by telephone and 
messenger from relatively secure department capitals. Many city council 
members and municipal workers also resigned, halting the provision of 
public services in many municipalities. In total, the FARC killed 9 
mayors and 70 city councilmen during the year. On inauguration day, the 
FARC launched a rocket attack on the presidential palace; however, most 
of the 15 rockets missed their target and fell in a slum near the 
palace, killing 23 persons, including 3 children.
    The FARC also committed aggressions against threatened mayors' 
families. In July the FARC killed Omar Castano, the son of Jose Leonel 
Castano, mayor of the town of Vista Hermosa, Meta department, formerly 
part of the FARC despeje. Omar Castano had been kidnaped June 28. His 
body was not returned. The FARC kidnaped several mayors' children to 
pressure the mayors into resigning. For example, on July 17, members of 
the FARC kidnaped the 3-year-old daughter of Libardo Herazo, mayor of 
Colon, Putumayo department. The girl and her nanny were released on 
July 31, after Herazo publicly announced his resignation.
    The AUC initially threatened to retaliate against mayors who 
resigned in the face of FARC intimidation, but stepped back from this 
policy in June as announced in a letter to the Colombian Federation of 
Municipalities.
    The FARC kidnaped politicians in an attempt to force the Government 
into a prisoner exchange. For example, on February 23, the FARC 
kidnaped independent presidential candidate Ingrid Betancourt (see 
Section 1.b.). Three days earlier, the FARC had kidnaped Senator Jorge 
Eduardo Gechem (see Section 1.b.), Chairman of the Senate Peace 
Commission, during an airplane hijacking. The FARC continued to hold 
captive an additional four members of Congress (see Section 1.b.).
    Both the AUC and the FARC claimed to operate clandestine political 
movements: the AUC's National and Democratic Movement, launched in 
September 2001, and the FARC's Bolivarian Movement for a New Colombia, 
announced in April 2000. The status of these movements was uncertain, 
although their influence appeared minimal.
    In municipalities that lacked a state security presence and in poor 
urban neighborhoods both guerrillas and paramilitaries sought to impose 
control and garner political support using measures along a spectrum 
from social cleansing killings (see Sections 1.a., 1.d., and 5) to 
donations of labor and materiel for community projects.
    There are no legal and few practical restrictions on the 
participation of women and minorities in the political process. In 
March 2000, a quota law went into effect requiring that a minimum goal 
of 30 percent of nominated positions be allocated to women. The quota 
law does not apply to publicly elected positions or managers of 
parastatal corporations. The Government must report to Congress each 
year on the percentage of women in high-level governmental positions. 
The new Uribe administration increased the number of women in 
significant executive branch posts. There were 8 women in the 18-member 
cabinet, including the Ministers of Defense and Foreign Relations and 
the High Commissioner for Plan Colombia. There were also 7 female vice 
ministers. Women occupied 11 seats in the 102-member Senate and 20 
seats in the 161-member House of Representatives. There was 1 woman on 
the 23-member Supreme Court and another on the 9-member Constitutional 
Court. Two of the 13 magistrates on the CSJ were women. According to 
the Government's 2001 end-of-year report, 75 women served as city 
mayors and 1 as a departmental governor.
    Indigenous persons made up less than two percent of the population. 
There were three indigenous Senators, two of whom occupied seats 
reserved for indigenous persons, and one indigenous member of the House 
of Representatives. In 2000 citizens of the department of Cauca elected 
the nation's first indigenous governor. There were no indigenous 
ministers or vice-ministers and no indigenous person served on any of 
the nation's high courts.
    Approximately 21 percent of the population was of Afro-Colombian 
descent. There were two Afro-Colombian Senators and five Afro-Colombian 
members of the House of Representatives. However, there was no Afro-
Colombian minister or vice minister and no Afro-Colombian on any of the 
nation's high courts. There were 70 Afro-Colombian mayors. A 
disproportionate percentage of the country's displaced persons were 
Afro-Colombians who had difficulty participating in the political 
process.

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, many 
prominent human rights monitors worked under constant fear for their 
physical safety. Government officials were generally cooperative and 
responsive to their views; however, lingering suspicions on both sides 
sometimes made cooperation difficult. Over 60,000 human rights and 
civil society NGOs were registered in the country. Most existed only on 
paper. Approximately 1,000 small to medium-sized NGOs were members of 
the Colombian Federation of NGOs. The Truth for Colombia (``Verdad 
Colombia'') group was a relatively new association of small, right wing 
human rights NGOs. The most significant domestic human rights NGOs 
included: the Colombian Commission of Jurists (CCJ) and Lawyers' 
Collective Jose Alvear Restrepo, both of which focused on defending 
human rights through legal analysis and case work; the Jesuit-founded 
Center for Popular Research and Education (CINEP), which managed the 
country's largest and most influential database of human rights 
violations; the Permanent Committee for the Defense of Human Rights 
(CPDDH), which provided support and assistance to victims of human 
rights violations and worked to organize civil society to defend human 
rights and promote a peaceful resolution to the country's armed 
conflict; the Committee in Solidarity with Political Prisoners (CSPP), 
which focused on the rights and treatment of persons detained for 
politically motivated crimes, particularly left-wing subversion; the 
Association of Families of Detained and Disappeared Persons (ASFADDES), 
the country's leading voice in demanding justice for the disappeared, 
many of whom were active in the legitimate left-wing Patriotic Union 
(UP) political party; the Consultancy for Human Rights and Displacement 
(CODHES) which advocated policies designed to prevent displacement and 
defended the rights of the displaced; the Association for Alternative 
Social Promotion (MINGA), which sought to promote respect for human 
rights through education, research, lobbying, and legal assistance 
(MINGA received the French Republic's Liberty, Equality, Fraternity 
Prize for Human Rights during the year); the Peace Network (Redepaz), a 
civil society organization dedicated to the promotion of peace at the 
national, regional, and local level; and the Free Country Foundation, 
which provided psychological, legal, and public relations assistance to 
kidnap victims and their families and lobbied the Government for better 
anti-kidnaping efforts.
    On October 23, President Uribe sent various foreign ambassadors a 
letter in which he promised to guarantee the rights of NGOs to work in 
the country and argued that his policy to retake the national territory 
would ensure freedom of speech and human rights in the long term. He 
stressed that the active participation of civilians was necessary to 
reestablish public order. Uribe said the judicial powers decreed in the 
State of Internal Disturbance were needed to tackle impunity and were 
legitimate, having been upheld by the Constitutional Court. He said he 
had stressed to the armed forces that they must respect human rights 
and operate within the norms of international treaties.
    Although the Government generally did not interfere with the work 
of domestic human rights NGOs, there were unconfirmed reports that 
government security forces harassed or threatened human rights workers, 
particularly in highly conflictive areas. Vice President Francisco 
Santos, whose office directs the Presidential Program for the 
Protection of Human Rights, told the press that NGOs would not be 
harassed. Prominent local NGOs made an effort to be fair and objective 
in their analysis of a serious and complex human rights situation. 
However, their coverage of human rights abuses tended to focus on the 
Government and right-wing paramilitaries, rather than leftist 
guerrillas. For example, the Colombian embassy in Canada, noted that 
only 3 of 5,000 letters generated in 2001 by alerts disseminated by 
Colombian human rights groups specifically condemned the FARC.
    Local human rights NGOs had an influence that far exceeded their 
membership or resources. By sharing information among themselves and 
disseminating it to international human rights organizations and the 
media they raised the country's human rights profile and contributed to 
significant levels of international attention. They were also effective 
at changing laws and policies through lawsuits, such as the CCJ's 
participation in a successful challenge to the National Defense and 
Security Act of 2001, or the Free Country Foundation's effective 
lobbying for stronger, more cohesive government anti-kidnaping efforts. 
Representatives of a wide variety of government agencies found it 
useful or politically necessary to meet with local human rights groups 
and study their proposals.
    The Government has occasionally filed criminal charges against 
human rights advocates, generally for subversive activities. For 
example, on December 6, CTI agents in Bucaramanga, Santander 
department, arrested Julio Avella and Alvaro Tapias, President and 
Treasurer, respectively, of the National Association of Solidarity 
Assistance (ANDAS), an NGO arm of the Colombian Communist Party, for 
allegedly providing financial assistance to the FARC. Arrest warrants 
were still outstanding for Carlos Mejia and Gladys Rojas, former 
directors of a small NGO in Barrancabermeja that in August 2001 
organized a major international human rights event. Mejia and Rojas, 
who remained in hiding, were charged with rebellion for acts prior to 
their NGO organizing activities. Government officials sometimes have 
accused human rights NGOs of being guerrilla front organizations 
without providing evidence to back up their charges.
    Under the authority granted by the President's declaration of a 
State of Internal Disturbance, law enforcement authorities searched the 
offices of a number of NGOs. Most searches focused on the headquarters 
of small, local NGOs; however, on October 25, police raided and 
searched the Bogota office of the Permanent Assembly for Peace, a 
large, well-regarded NGO umbrella organization. Justifying the search 
by reference to emergency powers granted under the State of Internal 
Disturbance, police officials failed to secure a prosecutor's written 
approval before entering the building. The raid, which was widely 
condemned in the country and abroad, uncovered no evidence of illegal 
activity.
    In December the Fiscalia, finding that there was insufficient 
evidence to bring formal charges, closed its investigation into 
accusations that retired army Generals Fernando Millan and Rito Alejo 
Del Rio bribed a witness to testify falsely against two leading NGO 
organizers and a labor leader (see Section 1.a.).
    The Fiscalia continued to investigate the illegal wiretapping of 
NGO and labor unions offices by the Medellin GAULA (see Section 1.f.).
    Paramilitaries subjected human rights groups to intense pressure in 
the form of obvious surveillance, harassing telephone calls, graffiti 
campaigns, and death threats.
    For example, in August the ``Cacique Calarca'' bloc of the AUC, 
which operated in the country's coffee belt, circulated a statement in 
the departments of Quindio and Risaralda that accused 13 human rights 
and labor leaders by name of being guerrilla agents. In addition, the 
statement declared the 13 persons military targets and gave them 15 
days to leave the region. On September 15, Augustin Jimenez of the CSPP 
received an anonymous call that told him that a coworker had been 
killed and that he would be next. The AUC repeatedly and explicitly 
threatened the CSPP.
    Paramilitaries were implicated in the deaths of human rights and 
development workers. For example, on November 8, Jose Rusbell, a member 
of the Joel Sierra Human Rights Committee, was killed by presumed 
paramilitaries in the city of Tame, Arauca department. The IACHR 
specifically condemned Rusbell's killing and asked the Government to 
undertake an exhaustive investigation. According to the CCJ, 17 human 
rights advocates were killed during the year, although only two such 
deaths could be definitively attributed to paramilitaries.
    An investigation continued into the August 2000 killing of peace 
activist and former mayor Luis Fernando Rincon in Aguachica, Cesar 
department. Human rights groups publicly accused alleged paramilitary 
leader Libardo Humberto Prada of the crime. On January 16, the criminal 
chamber of the Valledupar Supreme Court overturned a 2001 trial court 
ruling exonerating Prada for the 1998 killing of local Redepaz 
coordinator Amparo Leonor Jimenez, and sentenced him to 37 years in 
prison.
    There was no information on the whereabouts of Angel Quintero and 
Claudia Patricia Monsalve, members of ASFADDES who were kidnaped in 
2000 by presumed paramilitaries. Authorities continued to investigate 
the kidnaping, although the victims were presumed dead.
    Prosecutors issued arrest warrants for AUC leader Carlos Castano 
and suspected paramilitary Yesid Fernando Lemus for the 1999 kidnapings 
and murders of southern Bolivar department peasant leaders Edgar 
Quiroga and Gildardo Fuentes.
    Arrest warrants remained outstanding for Carlos Castano and four 
other paramilitaries for the 1997 murders of two CINEP workers (see 
Section 1.a.). Imminent arrests appeared unlikely.
    The Government, through the Ministry of the Interior and the DAS, 
allocated approximately $11.4 million (28.5 billion pesos) to its 
program for the protection of human rights and labor activists 
associated with 88 different human rights NGOs and unions. As of August 
30, the Ministry, bolstered by a budget increase of 690 percent over 
2000, had provided protection measures to 890 human rights activists 
and bulletproofed 54 NGO offices and residences. Nevertheless, 
legitimate requests for protection far outpaced the increase in the 
protection program's budget. Human rights groups continued to state 
that the protection programs were inadequate to address the crisis, and 
called for increased efforts to combat impunity.
    The Government generally did not interfere with the work of 
international human rights and humanitarian NGOs. Representatives of 
international human rights groups visited the country and held meetings 
with local human rights groups and individuals in various regions of 
the country without government interference. The larger international 
NGOs, such as AI, HRW, and the Washington Office on Latin America 
(WOLA), devoted equal attention to government forces, guerrillas, and 
paramilitaries; however, they held the Government to a higher standard 
and criticized it not only for direct violations of human rights, but 
also for its failure to completely sever links between the military and 
paramilitaries and prevent high levels of political violence.
    The Government deported several representatives of smaller 
international human rights groups for violations of immigration law. 
For example, in August and October, the DAS ordered five members of 
Christian Peacemaker Teams, a small group that provided humanitarian 
accompaniment in the highly conflicted Middle Magdalena region, to 
depart the country for carrying out activities inconsistent with their 
tourist visa status. On September 17, the DAS ordered one Spanish 
citizen to depart the country and formally deported two others for 
allegedly inciting peasants to participate in a national labor strike 
(see Section 2.b.).
    The Government cooperated with international governmental 
organizations. The UNHCR, the International Organization for Migration 
(IOM), the International Labor Organization (ILO), the United Nations 
High Commission for Human Rights (UNHCHR), and the ICRC had an active 
presence in the country and were allowed to carry out their work 
without government interference.
    UNHCHR's Bogota office opened at government invitation in 1997; it 
has since added field offices in Cali and Medellin. The office 
monitored and analyzed the national human rights situation and provided 
advice and assistance on human rights protection. President Uribe 
extended UNHCHR's mandate in the country through the end of his 
administration in 2006.
    The Government has an extensive human rights apparatus coordinated 
by the Office of the President's Advisor for Human Rights. The Office 
conducted regular dialog with local human rights groups and established 
a Special ``Momentum'' Committee to advance judicial resolutions of 100 
key human rights cases. Executive branch offices specializing in 
promoting and protecting human rights include the human rights office 
of the Ministry of Interior and the human rights offices of the 
Ministry of Defense and its constituent services, including the 
National Police.
    The MOD reported that over 290,000 members of the security forces 
had received human rights training since 1996, conducted by the ICRC, 
the Colombian Red Cross, the Roman Catholic Church, foreign 
governments, and other government offices and agencies. In September 
2001, the MOD signed an agreement with two national universities and 
the Inter-American Institute of Human Rights to conduct research and 
training on human rights issues and to organize seminars designed to 
foster dialog with NGOs and academics.
    Offices of independent government agencies that protect and promote 
human rights include the Procuraduria's Disciplinary Delegate for the 
Defense of Human Rights, the Human Rights Unit of the Fiscalia, and the 
Office of the National Human Rights Ombudsman. The House of 
Representatives elects the National Human Rights Ombudsman for a 4-year 
term, which does not coincide with that of the President. The office 
has the constitutional duty to ensure the promotion and exercise of 
human rights. The Ombudsman's 34 regional offices provided public 
defenders to the indigent and a channel for complaints of human rights 
violations (see Section 1.e.). The Ombudsman's Bogota office served as 
the headquarters of a national Early Warning System designed to alert 
public security forces to impending human rights violations, 
particularly large-scale massacres. The Ombudsman's office was an 
important party to the lawsuit that successfully challenged the 
National Defense and Security Act of 2001 that was ruled 
unconstitutional in April. In August 2000, the House of Representatives 
confirmed former Constitutional Court Justice Eduardo Cifuentes as 
Human Rights Ombudsman. Cifuentes was active in his role, publicly 
criticizing a wide variety of human rights violations, visiting 
massacre sites, and pressing for increased security and humanitarian 
assistance for affected communities. His office, with international 
assistance, provided training for its regional ombudsmen and conducted 
public education on human rights. Despite the Ombudsman's successes, 
resource constraints meant the office was generally underfunded and 
understaffed, limiting its ability to effectively monitor human rights 
violations or prevent their occurrence.
    As of October 31, the Human Rights Ombudsman's office had processed 
6,781 complaints of violations of human rights and international 
humanitarian law, of which 3,747 involved forced displacements, 1,743 
involved threats, 411 involved unlawful killings, and 191 involved 
kidnapings.
    Illegal armed groups sometimes targeted regional human rights 
ombudsmen. Four paramilitaries were on trial for the January 2001 
murder of regional human rights ombudsman Ivan Villamizar in Cucuta, 
Norte de Santander department (see Section 1.a). The Fiscalia was 
investigating the FARC's July 2000 kidnaping and killing of Jose Manuel 
Bello, municipal human rights ombudsman in Vigia del Fuerte, in the 
Atrato region of western Antioquia department. The office also was 
investigating the July 2000 killing of Yemil Fernando Hurtado, human 
rights ombudsman in Narino municipality in southeastern Antioquia.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution specifically prohibits discrimination based on 
race, sex, disability, language, or social status; however, in 
practice, many of these provisions were not enforced. The killing of 
homosexuals as part of so-called social cleansing campaigns, 
particularly by paramilitaries, was a problem (see Section 1.a.).

    Women.--Rape and other acts of violence against women were 
pervasive in society, and like other crimes, seldom were prosecuted 
successfully. According to the Ombudsman's 2001 report, intrafamilial 
violence, sexual assault, and the killing of women were increasing 
problems. The ICBF and the Presidential Adviser's Office for Youth, 
Women, and Family Affairs continued to report high levels of spousal 
and partner abuse throughout the country. The Institute for Forensic 
Medicine reported 28,738 cases of spousal abuse for the year. There 
were 6,519 cases of domestic violence against women by other family 
members. The Institute reported 10,062 cases of suspected sex crimes, 
including rape. The Institute commented that the crimes of domestic 
violence and rape were greatly underreported, citing its 1995 survey 
that indicated that as few as 5 percent of these crimes were reported, 
and that only 2 percent of victims received a medical evaluation. The 
ICBF conducted programs and provided refuge and counseling for victims 
of spousal abuse; however, the level and amount of these services were 
dwarfed by the magnitude of the problem. For example, each of the 
ICBF's 527 family ombudsmen handled approximately 1,230 cases per year.
    The 1996 Law on Family Violence criminalized violent acts committed 
within families, including spousal rape. The law also provides legal 
recourse for victims of family violence, immediate protection from 
physical or psychological abuse, and judicial authority to remove the 
abuser from the household. It allows a judge to oblige an abuser to 
seek therapy or reeducation. For acts of spousal sexual violence, the 
law mandates sentences of 6 months to 2 years and denies probation or 
bail to offenders who disobey restraining orders issued by the courts.
    A 1997 law also made additional, substantial modifications to the 
Penal Code and introduced sentences of between 4 and 40 years for 
crimes against sexual freedom or human dignity, including rape, sex 
with a minor, sexual abuse, induction into prostitution, and child 
pornography. The June 2000 reforms to the Penal Code reduced the 
maximum sentence for violent sexual assault from 20 to 15 years; the 
minimum sentence is 8 years. The ICBF's ``Make Peace'' program provided 
support to women and children who were victims of domestic violence. 
Under the auspices of the same program, the Human Rights Ombudsman's 
office conducted regional training workshops in various cities to 
promote application of domestic violence statutes.
    Women faced an increased threat of sexual assault in the context of 
the internal conflict (see Section 1.g.). The UNHCHR, CODHES, and the 
Human Rights Ombudsman all noted that internally displaced women and 
girls were particularly vulnerable to domestic violence, sexual abuse, 
and sexual exploitation (see Section 2.d.). In August 2001, the 
Colombian Pro-Family Institute published a study of sexual health and 
reproduction in displaced women and adolescents that found that 20 
percent of displaced women had been raped and that 30 percent of 
displaced teenage girls had children or were pregnant. International 
organizations and NGOs noted that sexual violence was largely 
unreported and that no long-term assistance was available to female 
IDPs. In addition, they criticized the use of female combatants in 
guerrilla organizations as sex slaves. Former female guerrillas also 
reported forced abortions and forced implantation of intrauterine 
devices (see Section 1.g.).
    Prostitution, which is legal in designated ``tolerance zones,'' was 
widespread and remained a serious problem exacerbated by a poor economy 
and internal displacement. Sex tourism existed to a limited extent, 
particularly in coastal cities such as Cartagena and Barranquilla. It 
was likely that some marriage and dating services were covers for 
sexual tourism.
    Trafficking in women for sexual exploitation continued to be a 
problem (see Section 6.f.).
    The law prohibits sexual harassment; however, it was a pervasive 
problem.
    The Constitution prohibits discrimination against women, and 
specifically requires that authorities ensure ``adequate and effective 
participation by women at decision making levels of public 
administration.'' However, discrimination against women persisted. A 
2000 study by the University of Rosario concluded that women faced 
hiring discrimination, were disproportionately affected by 
unemployment, and had salaries that were generally incompatible with 
their education and experience. Government unemployment statistics 
indicated that the unemployment rate for women was 20.5 percent, 6 
points higher than the rate for men. According to the U.N., women 
earned an average of 28 percent less than men during 2001. Female 
workers in rural areas were most affected by wage discrimination and 
unemployment.
    Despite an explicit constitutional provision promising additional 
resources for single mothers and government efforts to provide them 
with training in parenting skills, women's groups reported that the 
social and economic problems of single mothers remained great. 
According to a 1997 Constitutional Court decision, pregnant women and 
mothers of newborn children less than 3 months of age may not be fired 
from their jobs without ``just cause.'' The court ruled that bearing 
children was not just cause. There were no published reports of such 
firings during the year.

    Children.--Constitutional and legislative commitments to the 
protection of children's rights were implemented only to a minimal 
degree. The Constitution imposes an obligation on the family, society, 
and the state to protect children, foster their development, and ensure 
the full exercise of their rights. The Children's Code describes these 
rights and establishes services and programs designed to enforce the 
protection of minors. Children's advocates reported the need to educate 
citizens regarding the code as well as the 1996 and 1997 laws on family 
violence, which increased legal protection for women and children. The 
ICBF oversees all government child protection and welfare programs and 
also funds nongovernmental programs that benefit children. Despite 
these legal protections and programs, government commitments to the 
protection of children's rights were not fully implemented.
    The Constitution provides for free public education, which is 
compulsory between the ages of 6 and 15; however, a study by the 
National Department of Statistics (DANE) estimated 14 percent of 
children ages 5 to 17 did not attend school because of lax enforcement 
of truancy laws, inadequate classroom space, and economic pressures for 
children to provide additional family income. Although the Government 
covered the basic costs of primary education, many families faced 
additional expenses such as matriculation fees, books, school supplies, 
and transportation costs, which were significant in rural areas where 
many children lived far from school. These costs were often 
prohibitive, particularly for the rural poor.
    The law requires the Government to provide medical care for 
children. However, medical facilities were not universally available, 
particularly in rural areas.
    Child abuse was a serious problem. The National Institute for 
Forensic Medicine reported 8,125 cases of child abuse during the year. 
According to the Association Against Child Abuse, only 5 percent of 
child sex abuse cases were reported. Based on figures from the 
Government's Institute for Legal Medicine, which reported 11,000 cases 
of child sexual abuse during the year, the Association estimated that 
at least 220,000 children were sexually abused during the year.
    According to UNICEF, an estimated 35,000 adolescents worked as 
prostitutes, in spite of legislation prohibiting sex with minors or the 
employment of minors for prostitution.
    Children were trafficked for sexual exploitation (see Section 
6.f.).
    In conflict zones, children often were caught in the crossfire 
between public security forces, paramilitaries, and guerrillas. For 
example, on June 16, a crossfire between paramilitaries and a mixed 
contingent of FARC and ELN fighters killed a 9-year-old boy outside his 
home near the rural village of Aguas Lindas, southern Bolivar 
department. Landmines and abandoned munitions killed and maimed scores 
of children. According to the Presidential Program for Human Rights, 
landmines injured at least 20 children during the year. For example, on 
June 9, a 15-year-old boy was killed after stepping on a landmine 
outside the town of Cajibio, Cauca department. On September 19, three 
children in a lower class section of Bogota were killed when the 
fragmentation grenade with which they were playing exploded. The 
grenade apparently had been discarded by members of a FARC urban 
militia that operated in the neighborhood.
    Children suffered disproportionately from the internal conflict, 
often forfeiting opportunities to study as they were displaced by 
conflict and suffered psychological traumas. According to UNICEF, over 
1 million children have been displaced from their homes over the past 
decade (see Section 2.d.). The Human Rights Ombudsman's office 
estimated that only 15 percent of displaced children attended school. 
Displaced children were particularly vulnerable to mistreatment, sexual 
exploitation, and recruitment by criminals.
    Since 1999, persons under the age of 18 are not allowed to serve in 
the public security forces. However, both paramilitaries and guerrillas 
employed child soldiers. The ICBF estimated that 12,000 to 15,000 
children were members of illegal armed groups. Sixty percent of these 
children were members of the FARC. The Roman Catholic Church stated 
that the FARC used its freedom of action in its former despeje, or safe 
haven, to lure or force hundreds of children into its ranks. Thousands 
of families from FARC-prevalent zones throughout the country chose to 
be displaced rather than risk the forcible recruitment of their 
children. For example, many former-displaced residents of Bojaya, Choco 
department chose to leave their teenage children in Quibdo, the 
departmental capital, to avoid their forced recruitment by the FARC. 
The FARC was believed responsible for the January 11 killing in Caldas 
department of a Roman Catholic priest who had complained to authorities 
in the departmental capital of Manizales about FARC recruitment at a 
local high school. On August 2, the Fiscalia filed charges against 
senior FARC leaders for the recruitment of minors. As a good will 
gesture in anticipation of possible peace negotiations with the 
Government (see section 1.g.), in December paramilitaries from the 
Central Bolivar Bloc, formerly members of the AUC, handed over 19 child 
soldiers to representatives of the ICBF and the Colombian Red Cross.
    Although many minors were forcibly recruited, a UNICEF study found 
that 83 percent of child soldiers volunteered. Limited educational and 
economic opportunities and a desire for acceptance and camaraderie 
increased the appeal of service in armed groups. Nevertheless, many 
children found membership in guerrilla and paramilitary organizations 
difficult, and the MOD reported an increase in the number of minors 
deserting illegal armed groups. As of July, at least 230 children had 
surrendered to state security forces during the year. FARC child 
deserters reported that local guerrilla commanders threatened to kill 
their families should they desert or attempt to do so. A reinsertion 
program for former child soldiers administered by the ICBF provided 
assistance to 332 children during the year.
    Children were among the preferred kidnaping targets of guerrillas 
(see Section 1.b.). The Free Country Foundation reported 384 kidnapings 
of children during the year (see Section 1.b.).

    Persons with Disabilities.--The Constitution enumerates the 
fundamental social, economic, and cultural rights of persons with 
physical disabilities. However, serious practical impediments prevented 
the full participation of these persons in society. No legislation 
mandates that buildings provide special access for persons with 
disabilities. Consequently, the disabled could not access most public 
buildings and transportation systems; however, the Constitutional Court 
ruled that persons with physical disabilities must have access to 
voting stations and receive assistance if they so request. The Court 
also ruled that the social security fund for public employees cannot 
refuse to provide services for children with disabilities, regardless 
of the cost involved.

    Indigenous Persons.--There are 82 distinct ethnic groups among the 
country's 716,400 indigenous inhabitants, who constitute approximately 
2 percent of the population. Indigenous communities are concentrated in 
the Colombian Massif of the Andes Mountains, in southern Cauca 
department, along the lowlands of the Pacific Coast, on the Guajira 
peninsula, and in the Amazon region. According to the National 
Organization of Colombia's Indigenous (ONIC), 93 percent of indigenous 
persons live in rural areas, and approximately 115,000 indigenous 
persons are without land.
    The Constitution gives special recognition to the fundamental 
rights of indigenous persons. The Ministry of Interior, through the 
Office of Indigenous Affairs, is responsible for protecting the 
territorial, cultural, and traditional rights of indigenous persons. 
Ministry representatives were located in all regions of the country 
with indigenous populations and worked with other governmental human 
rights organizations and NGOs to promote indigenous interests and 
investigate violations of indigenous rights. Despite legal protections, 
indigenous persons continued to suffer discrimination and were often 
relegated to the margins of society. UNHCHR's March 2001 report noted 
that an estimated 80 percent of the indigenous population lived in 
conditions of extreme poverty. In addition, indigenous communities 
suffered disproportionately from the internal armed conflict (see 
Section 1.g.). Members of indigenous communities often fled together in 
mass displacements to relocate to other indigenous communities (see 
Section 2.d.).
    By law, indigenous groups have perpetual rights to their ancestral 
lands. According to the National Agrarian Reform Institute (INCORA), 28 
percent of the national territory has been legally recognized as 
indigenous land, and approximately 80 percent of these lands have been 
demarcated. The Institute was involved in a program to buy back lands 
declared to belong to indigenous communities. Approximately 200 
indigenous communities had no legal title to lands that they claimed. 
Armed groups often violently contested indigenous land ownership. 
Traditional Indian authority boards operated approximately 545 
reservations as municipal entities, with officials selected according 
to indigenous traditions. The boards controlled reservation finances 
and were subject to fiscal oversight by the national Comptroller 
General. Sixty percent of the indigenous population lived on these 
designated reservations.
    In July Occidental Petroleum turned over oil exploration rights to 
areas near the U'wa reservation in Arauca department to national 
parastatal corporation Ecopetrol. Although the U'wa tribe had 
strenuously opposed exploration near its reservation, the courts 
consistently overruled U'wa legal efforts to prevent it. Occidental's 
decision was economic, but Ecopetrol stated that it planned to continue 
exploration in the area. In December the U'wa stated that they would 
not oppose exploration by Ecopetrol.
    The Constitution provides for special criminal and civil 
jurisdictions within indigenous territories based on traditional 
community laws (see Section 1.e.). However, these jurisdictions were 
subject to manipulation and often rendered punishments that were much 
more lenient than those imposed by regular civilian courts.
    The law permits indigenous communities to educate their children in 
traditional dialects and in the observance of cultural and religious 
customs. Indigenous men are not subject to the national military draft.
    Members of indigenous communities continued to be victims of all 
sides in the internal conflict. According to the MOD, 73 indigenous 
persons were killed during the year as a result of the internal armed 
conflict, 29 in massacres. The UNHCHR strongly criticized both 
paramilitary and FARC threats against indigenous communities and 
characterized government investigations of human rights violations 
against indigenous groups as insufficient. ONIC reported widespread 
cases in which members of indigenous communities, particularly in 
Putumayo, were forbidden to leave their communities without either 
paramilitary or guerrilla permission, in which paramilitaries or 
guerrillas blockaded communities, or in which indigenous persons 
returning from urban areas were accused by guerrillas of being 
paramilitary collaborators.
    Paramilitaries and guerrillas forced indigenous persons, including 
children, into their ranks (see Section 1.f.).
    Paramilitaries killed indigenous persons (see Section 1.a.). For 
example, in June, the Cauca Regional Indigenous Council condemned the 
paramilitary killings of 10 indigenous persons near the towns of 
Corinto and Pradera, northern Cauca department, and Florida, southern 
Valle del Cauca department. In August paramilitaries ordered the 
killing of three indigenous leaders near La Hormiga, Putumayo 
department.
    Guerrillas also killed indigenous persons. For example, on July 27, 
the FARC killed Embera leader Bertulfo Domico in the town of Dabeiba, 
western Antioquia department. Domico was apparently killed for leaving 
the city without the local FARC commander's permission. On October 4, 
FARC guerrillas killed Embera Katio tribe member Adolfo Cundama in 
front of his family on a designated indigenous reservation near 
Tierralta municipality, Cordoba department. The FARC accused Cundama of 
collaborating with paramilitaries.

    National/Racial/Ethnic Minorities.--According to the National 
Planning Department, the country had approximately 10.6 million 
citizens of African heritage. The departments with the largest number 
of Afro-Colombians were Valle, Antioquia, Bolivar, Atlantico, 
Magdalena, and Cordoba. However, the department of Choco had the 
highest percentage of Afro-Colombian residents, at 85 percent. Although 
estimates vary, government figures indicated that Afro-Colombians 
represented approximately 21 percent of total population.
    Afro-Colombians are entitled to all constitutional rights and 
protections; however, they faced significant societal discrimination. 
Afro-Colombian organizations reported that Afro-Colombians had almost 
no representation in the executive branch, judicial branch, civil 
service positions, or in military hierarchies (see Section 3). The 
March 2001 report of the UNHCHR noted that an estimated 80 percent of 
Afro-Colombians lived in conditions of extreme poverty, that 74 percent 
received wages below the legal minimum, and that their municipalities 
had the highest rates of poverty. Choco had the lowest per capita level 
of social investment and ranked last in terms of education, health, and 
infrastructure. Although a special law designed to benefit Afro-
Colombians was passed in 1993, little concrete progress had been made 
on the law's commitments to expand public services and private 
investment in Choco and other predominantly Afro-Colombian regions 
along the country's coastline.
    Choco was also the scene of some of the country's worst political 
violence, as paramilitaries and guerrillas struggled for control of the 
department's key drug and weapons smuggling corridors. All 119 
civilians killed in a FARC cylinder bomb attack on the town of Bojaya, 
in Choco, were Afro-Colombians (see Section 1.g.).
    A 1993 law authorizes Afro-Colombian communities to receive 
collective titles to some Pacific coastal regions. Afro-Colombian 
leaders complained that the Government was slow to issue land titles, 
and that access to such lands was often inhibited by the presence of 
paramilitaries or guerrillas. Afro-Colombians were disproportionately 
represented among the nation's IDPs.

Section 6. Worker Rights

    a. The Right of Association.--The Constitution provides for the 
right to organize unions, except for members of the armed forces, 
police, and persons executing ``essential public services'' as defined 
by law. In practice, violence against union members and antiunion 
discrimination were obstacles to joining unions and engaging in trade 
union activities. Labor leaders around the country continued to be 
targets of attacks by paramilitary groups, guerrillas, and narcotics 
traffickers. Union leaders contended that perpetrators of violence 
against workers operated with virtual impunity.
    The heavily amended 1948 Labor Code provides for automatic 
recognition of unions that obtain 25 signatures from potential members 
and comply with a simple registration process. However, the ILO has 
received reports that this process is slow and sometimes takes years. 
The law penalizes interference with freedom of association and allows 
unions to determine freely their internal rules, elect officials, and 
manage activities. The law also forbids the dissolution of trade unions 
by administrative fiat. Law 584 limits government interference in a 
union's right to free association. However, the law includes a 
provision authorizing Ministry of Labor officials to compel trade 
unions to provide interested third parties with relevant information on 
their work, including books, registers, plans, and other documents. The 
ILO Committee of Experts considers this amendment to be inconsistent 
with freedom of association, since it believes an administrative 
authority only should conduct investigations when there are reasonable 
grounds to believe that an offense has been committed.
    Labor leaders nationwide continued to be attacked by 
paramilitaries, guerrillas, and narcotics traffickers. According to the 
National Labor College (ENS), a Medellin-based NGO that collects, 
studies, and consolidates information on organized labor, 178 labor 
activists were killed during the year and 1,875 since 1991. The ENS 
attributed a majority of these crimes to paramilitaries. Paramilitaries 
were particularly aggressive in targeting members of the United Workers 
Central (CUT), the country's largest and most left-leaning labor 
federation. For example, authorities suspected paramilitaries of 
killing Hernan de Jesus Ortiz and Jose Pineda in the municipality of 
Aranzazu, Caldas department on April 12. Ortiz, a local teacher's union 
(FECODE) leader, was also a member of the CUT's national board and an 
active participant in its human rights office, which regularly 
condemned paramilitary abuses. Pineda was a member of the CUT-
affiliated Colombian Electricity Workers Union (SINTRAELECOL). 
Paramilitaries also continued their attacks on members of the Oil 
Workers Trade Union (USO), which they accused of ties to the ELN. For 
example, paramilitaries were suspected of the June 17 killing of USO 
national board member Cesar Blanco in Bucaramanga. In June AI testified 
to the ILO that paramilitaries also targeted public sector unions, 
particularly health workers.
    The Fiscalia continued investigating crimes perpetrated against 
union leaders in previous years for which paramilitaries were believed 
responsible. For example, investigations continued into the killings of 
labor activists Valmore Locarno, Victor Hugo Orcasita, Gustavo Soler, 
Ricardo Orozco, and Oscar Dario Soto. On the whole, government 
identification of perpetrators of crimes against trade union members 
was slow, a situation which the ILO Special Representative's June 
report noted was aggravated by the difficulties faced by the 
Procuraduria and the Fiscalia in carrying out their inquiries and 
offering adequate assurances of protection so that witnesses would be 
willing to come forward. Of the 116 killings of labor union members 
documented as of September, there were no arrests, prosecutions, or 
convictions at year's end. The Human Rights Unit of the Fiscalia 
reported that from August 1986 to April, there were 376 criminal 
investigations into violations of the right to life of unionists. Of 
these, 321 were in the preliminary stage, 24 were at the investigative 
stage, 3 were at the trial state, 7 had been sent to military criminal 
courts, and 13 were awaiting assignment. Guilty verdicts were issued in 
only five cases.
    Progress was made in several high profile investigations. For 
example, on December 17, a specialized criminal court in Bogota 
sentenced former army Captain Jorge Rojas and former army Sergeant 
Evangelista Basto to 18 years in prison for the attempted killing of 
public employee union (FENALTRASE) president Wilson Borja in December 
2000. Rojas and Basto had been in active service when the crime 
occurred, but were dismissed from the military during the course of the 
criminal investigation. The court also convicted army Corporal Jhon 
Fredy Pena of conspiracy and sentenced him to 42 months in prison. On 
November 19, the Fiscalia reconfirmed its August 16 decision to 
permanently close its investigation into the alleged involvement in the 
crime of Police Lieutenant Carlos Fredy Gomez. A separate trial 
continued of army Major Cesar Alonso Maldonado and civilian Regulo 
Rueda for their alleged involvement in the plot to murder Borja. On 
July 31, the DAS arrested AUC leader Sergio Manuel Cordoba, a suspect 
in the 2001 killing of USO leader Aury Sara. On September 21, the army 
arrested AUC leader Didimo Rodriguez, wanted for the October 2001 
killing of labor leader Luis Manuel Anaya. On October 19, prosecutors 
indicted Edgar Armando Daza for alleged involvement in the 1998 murder 
of CUT Vice President Jorge Luis Ortega. On May 4, a Bogota judge 
sentenced Rafael Cespedes to 27 years in prison for Ortega's murder. 
Prosecutors also indicted a paramilitary suspect for the 2001 murder of 
labor leader Jose Luis Guete.
    In its evaluation of antiunion violence, the ENS also noted a 
significant increase in crimes against union activists committed by 
guerrillas. For example, on April 26, the FARC massacred nine members 
of the Agricultural Workers Union (SINTRIANAGRO) near Apartado, in the 
Uraba region of Antioquia department. Uraba was hotly contested between 
guerrillas and paramilitaries. The ENS attributed the deaths of at 
least 19 union activists to the FARC.
    In addition to the many union activists who were killed, the ENS 
also reported that 17 union members survived attempts on their lives, 
189 were threatened with death, 26 were kidnaped, and 8 disappeared.
    The most prominent release of a kidnaped union leader occurred on 
April 7, when the AUC freed USO leader Gilberto Torres after 40 days in 
captivity.
    In an attempt to ameliorate the security risks confronting union 
leaders, the Government significantly increased the resources it 
devoted to the Program for the Protection of Human Rights Defenders and 
Trade Union Leaders. Between 2000 and the year the Program's budget 
increased nearly 700 percent, to nearly $11.5 million (28.5 billion 
pesos). However, the UNHCHR has expressed concern over delays in 
transferring and making available funds allocated to the program, 
affecting the timely and effective implementation of security measures. 
As of August, the program had assisted 1,195 union leaders and 
activists, who, depending on a threat evaluation, received bulletproof 
vests, bodyguards, and, in some cases, vehicles. Trade unionists and 
human rights groups criticized the protection program because these 
increased measures were insufficient to protect adequately the large 
number of trade unionists who were threatened. For example, in March 
2001 Valmore Locarno and Victor Orcasita, employees of Drummond Coal 
Company and local president and vice-president of mine workers union 
SINTRAMIENERGETICA, were killed by presumed paramilitaries after having 
been assessed as ``medium to low'' risk. Six months later the new 
president of the same union, Gustavo Soler, also was killed.
    At the November ILO Governing Body meeting, the ILO's Committee on 
Freedom of Association reported that measures adopted by the Government 
had been insufficient to reduce the violence directed against trade 
union officials. The Government had not reported any convictions of 
individuals for the killing of trade unionists. The ILO Governing Body 
decided by consensus to postpone to its March 2003 meeting any 
consideration of appointing a ``Fact-Finding and Conciliation 
Commission.'' The workers proposed a Commission of Inquiry in 1998, and 
that proposal was pending.
    The law forbids antiunion discrimination and the obstruction of 
free association. However, according to union leaders, both 
discrimination and obstruction of free association occurred frequently. 
There were only 271 government labor inspectors to cover 1,098 
municipalities and more than 300,000 companies. The inspection 
apparatus was therefore weak. Furthermore, labor inspectors often 
lacked basic equipment, including vehicles. Guerrillas sometimes 
deterred labor inspectors from performing their duties by declaring 
them military targets. In some cases, paramilitaries threatened and 
killed union members who failed to renounce collective bargaining 
agreements.
    The Labor Code calls for fines to be levied for restricting freedom 
of association.
    Unions are free to join international confederations without 
government restrictions and did so in practice.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution protects the rights of workers to organize and engage in 
collective bargaining. Workers in large firms and public services have 
been most successful in organizing, but these employees represented 
only a small percentage of the workforce. High unemployment, a large 
informal economic sector, traditional antiunion attitudes, and weak 
union organization and leadership limited workers' bargaining power in 
all sectors. A requirement that trade unions must represent a majority 
of workers in each company as a condition for representing them in 
sectoral agreements also weakened workers' bargaining power.
    According to the ENS, there were 2,482 registered unions, with a 
total of 860,281 members. The number of unions and union members 
continued to decline during the year, as it had in previous years. 
Approximately 5 percent of the labor force was unionized. The CUT 
encouraged unions to merge along industry lines to increase their 
efficiency and bargaining power.
    The number of workers covered by collective bargaining agreements 
has been gradually declining. According to the ENS, 223,670 workers 
were employed under collective bargaining agreements during the period 
2000-2001, compared with 409,918 during the period 1994-95.
    Collective pacts between individual workers and their employers are 
not subject to collective bargaining and typically were used by 
employers to obstruct labor organization. Although employers must 
register collective pacts with the Ministry of Labor, the Ministry does 
not exercise any oversight or control over them.
    The Labor Code eliminated mandatory mediation in private labor-
management disputes and extended the grace period before the Government 
can intervene in a conflict. Federations may assist affiliate unions in 
collective bargaining.
    The Constitution provides for the right to strike, except for 
members of the Armed Forces, Police, and persons executing essential 
public services as defined by law.
    Before staging a legal strike, unions must first negotiate directly 
with management and, if no agreement results, accept mediation. The 
Labor Code prohibits the use of strikebreakers. Legislation that 
prohibits public employees from striking is still in effect, although 
it often is overlooked. By law public employees must accept binding 
arbitration if mediation fails; however, in practice public service 
unions decide by membership vote whether or not to seek arbitration.
    The ILO had a number of long-standing criticisms of the Labor Code: 
the requirement that government officials be present at assemblies 
convened to vote on a strike call; the legality of firing union 
organizers from jobs in their trades once 6 months have passed 
following a strike or dispute; the requirement that candidates for 
trade union offices must belong to the occupation that their union 
represents; the prohibition of strikes in a wide range of public 
services that are not necessarily essential; various restrictions on 
the right to strike; the power of the Ministry of Labor and the 
President to intervene in disputes through compulsory arbitration when 
a strike is declared illegal; and the power to dismiss trade union 
officers involved in an unlawful strike.
    On September 16, the three main labor federations called a national 
work stoppage to protest the Government's proposed labor and pension 
reforms. In March USO conducted a strike to protest the killing of one 
USO member and the kidnaping of Gilberto Torres. In May and June, 7,000 
employees at Telecom, the leading telecommunications company, went on 
strike over wage levels and work rules.
    Labor law applies in the country's 15 free trade zones (FTZs), and 
its standards are enforced.

    c. Prohibition of Forced or Bonded Labor.--The Constitution forbids 
slavery and any form of forced or bonded labor, and there were no 
reports of such practices in the formal sector.
    Paramilitaries and guerrillas practiced forced conscription (see 
Section 5). There were some reports that guerrillas used forced labor.
    The law prohibits forced or bonded labor by children; however, the 
Government does not have the resources to enforce this prohibition 
effectively (see Section 6.d.). Although there were no known instances 
of forced child labor in the formal economy, several thousand children 
were forced to serve as paramilitary or guerrilla combatants (see 
Sections 1.f. and 5), to work as prostitutes (see Section 5), or as 
coca pickers.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Constitution prohibits the employment of children 
under the age of 14 in most jobs, and the Labor Code prohibits the 
granting of work permits to children under 18; however, child labor 
remained a significant problem, particularly in the informal sector. 
According to the National Department of Statistics (DANE), nearly 15 
percent of children were employed, over half of whom received no 
remuneration. DANE reported that only 1 percent of child workers 
received the minimum wage.
    A 1989 decree established the Minors Code and prohibited the 
employment of children under age 12. It also required exceptional 
conditions and the express authorization of the Labor Ministry to 
employ children between the ages of 12 and 17. Children under age 14 
are prohibited from working, with the exception that those ages 12 and 
13 may perform light work with the permission of their parents and 
appropriate labor authorities. Children ages 12 and 13 may work a 
maximum of 4 hours a day, children ages 14 and 15 may work a maximum of 
6 hours a day, and children ages 16 and 17 may work a maximum of 8 
hours a day. All child workers are prohibited from working at night, or 
performing work where there is a risk of bodily harm or exposure to 
excessive heat, cold, or noise. Children are prohibited from working in 
a number of specific occupations, including mining and construction; 
however, these requirements largely were ignored in practice, and only 
5 percent of working children possessed the required work permits. By 
allowing children ages 12 and 13 to work, even under restricted 
conditions, the law contravenes international standards on child labor, 
which set the minimum legal age for employment in developing countries 
at 14 years. In addition, the legal minimum employment age of 14 was 
inconsistent with completing a basic education.
    In the formal sector, the Ministry of Labor enforced child labor 
laws through periodic inspections. However, in the informal labor 
sector and rural areas, child labor continued to be a problem, 
particularly in agriculture and mining. Children as young as 11 worked 
full time in almost every aspect of the cut flower industry. Even 
children enrolled in school or, in some cases, those too young for 
school, accompanied their parents to work at flower plantations at 
night and on weekends. In 2001 the ILO reported that children were 
employed in gold and emerald mining. However, in the mining sector, 
coal mining presented the most difficult child labor problem. Many 
marginal, usually family-run, mining operations employed young children 
as a way to boost production and income. It is estimated that between 
1,200 and 2,000 children were involved. The work was dangerous and the 
hours were long. Younger children carried water and packaged coal, 
while those ages 14 and up engaged in more physically demanding labor 
such as carrying bags of coal. These informal mining operations were 
illegal. The Ministry of Labor reported that by the end of 1999 an 
interagency governmental committee had removed approximately 80 percent 
of child laborers from the informal mines and returned them to school.
    A Catholic Church study conducted in 1999 reported that 
approximately 2.7 million children worked, including approximately 
700,000 children who worked as coca pickers. Observers noted that the 
economic downturn might increase the number of children working, 
particularly in rural areas. Child participation in agricultural work 
soared at harvest time. All child workers must receive the national 
minimum wage for the hours that they work. However, according to the 
Ministry of Labor, working children between the ages of 7 and 15 earned 
between 13 and 47 percent of the minimum wage. An estimated 26 percent 
of working children had regular access to health care; the health 
services of the social security system cover only 10 percent of child 
laborers. Approximately 25 percent were employed in potentially 
dangerous activities. School attendance by working children was 
significantly lower than for nonworking children, particularly in rural 
areas.
    The Labor Ministry had an inspector in each of the country's 32 
departments and the national capital district, responsible for 
certifying and conducting repeat inspections of workplaces that 
employed children; however, the system lacked resources and covered 
only 20 percent of the child labor force employed in the formal sector 
of the economy. The Labor Ministry was designing an oversight and 
inspection model to be implemented in early 2003. Under its Action Plan 
to Eradicate Child Labor, the Government allocated $2 million (5.9 
billion pesos) to the National Committee for the Eradication of Child 
Labor, which includes representatives from the Ministries of Labor, 
Health, Education, and Communications, as well as officials from 
various other government offices, unions, employer associations, and 
NGOs.
    The Minors Code provides for fines ranging from 1 to 40 minimum 
monthly salaries for violations. If a violation is deemed to have 
endangered a child's life or threatened a child's moral values, 
sanctions can also include the temporary or permanent closure of the 
establishment in question.
    The National Committee for the Eradication of Child Labor has 
conducted training on legislation and enforcement for approximately 600 
public officials in the departments of Antioquia, Bolivar, Cauca, 
Cordoba, Cundinamarca, Santander, and Valle del Cauca. The Committee 
also created an information system on child labor to measure and 
understand the problem better. The Government, the main labor 
federations, and media representatives published articles, broadcasted 
documentaries, and launched various programs to delegitimize child 
labor.
    The Ministry of Education expanded the school day in 134 
municipalities to prevent children from dropping out and entering the 
labor force. In 2001 UNICEF launched a program to withdraw children 
from the labor force and return them to school. Over 200 children in 
Santander de Quilichao, Cauca department, 140 children in Medellin, 
capital of Antioquia department, and 350 children in Armenia, capital 
of Quindio department, benefited from this program.
    The legal definitions of ``worst forms of child labor'' and 
``hazardous work'' are consistent with ILO convention 182 and do not 
exempt specific sectors.
    The law prohibits forced and bonded labor by children; however, the 
Government was unable to enforce this prohibition effectively. 
Paramilitaries and guerrillas abducted children for use as combatants 
(see Section 5).

    e. Acceptable Conditions of Work.--The Government sets a uniform 
minimum wage for workers every January to serve as a benchmark for wage 
bargaining. The monthly minimum wage, set by tripartite negotiations 
among representatives of business, organized labor, and the Government, 
was about $114 (309,000 pesos). The national minimum wage did not 
provide a decent standard of living for a worker and family.
    Because the minimum wage is based on the Government's target 
inflation rate, the minimum wage has not kept up with real inflation in 
the past several years. An estimated 70 percent of all workers earned 
wages that were insufficient to cover the costs of the Government's 
estimated low-income family shopping basket. An estimated 76 percent of 
all workers earned no more than twice the minimum wage.
    On December 20, Congress approved President Uribe's proposed labor 
reform bill. The bill lengthened the regular working day by 4 hours and 
reduced the amount of overtime pay. It also gave employers more 
flexibility in devising work schedules. The ``indemnity'' paid to 
workers who are unjustly fired will be reduced. However, for the first 
time unemployed workers can receive an unemployment benefit for 6 
months. Under the new system, apprentices no longer will be considered 
employees, but they will be able to contribute to the social security 
fund. The bill also establishes several subsidies for employers who 
create new jobs.
    Legislation provides comprehensive protection for workers' 
occupational safety and health; however, these standards were poorly 
enforced, in part because of the small number of Labor Ministry 
inspectors. In general a lack of public safety awareness, inadequate 
attention by unions, and lax enforcement by the Labor Ministry resulted 
in a high level of industrial accidents and unhealthy working 
conditions. Over 80 percent of industrial companies lacked safety 
plans. The Social Security Institute reported over 56,000 work-related 
accidents during the year, resulting in 356 deaths. The industries most 
prone to worker accidents were mining, construction, and 
transportation. According to insurance company association FASECOLDA, 
approximately 12 million persons--many of them children--had no 
insurance against work-related injuries.
    According to the Labor Code, workers have the right to withdraw 
from a hazardous work situation without jeopardizing continued 
employment. However, unorganized workers, particularly those in the 
agricultural sector, feared losing their jobs if they exercised their 
right to criticize abuses.

    f. Trafficking in Persons.--The Criminal Code defines trafficking 
in persons as a crime; however, trafficking in persons, primarily women 
and girls, remained a problem.
    Law 747, passed in a special session of Congress in June, broadened 
the definition of trafficking in persons and provided for prison 
sentences of between 10 and 15 years and fines of up to 1,000 times the 
monthly minimum wage. These penalties, which are even more severe than 
those for rape (see Section 5), can be increased by up to one-third if 
there are aggravating circumstances, such as trafficking of children 
under the age of 14. Additional charges of illegal detention, violation 
of the right to work in dignified conditions, and violation of personal 
freedom also may be brought against traffickers. Police actively 
investigated trafficking offenses and some traffickers were prosecuted. 
However, inadequate resources for witness protection hindered 
prosecutions.
    A government advisory committee composed of representatives of the 
Ministry of Foreign Affairs, Interpol, the DAS, the Ministry of 
Justice, the Procuraduria, the Fiscalia, and the Presidency met every 2 
months to discuss trafficking in persons. The committee prepared 
information campaigns, promoted information exchange between government 
entities, created trafficking hot lines for victims, and encouraged 
closer cooperation between the Government and Interpol.
    The Government cooperated with foreign counterparts on 
investigations and successfully freed victims in solo and joint 
operations. To protect citizens who were trafficked to other countries, 
government foreign missions provided legal aid and social welfare 
assistance.
    Colombia was a source country for trafficking in women and girls to 
Europe, the United States, Asia, and other Latin American countries. 
The DAS reported in 2000 that the country was one of the three most 
common countries of origin of trafficking victims in the Western 
Hemisphere; in 2000 an estimated 35,000 to 50,000 Colombian trafficking 
victims were overseas. The majority of women trafficked for 
prostitution reportedly went to the Netherlands, Spain, Japan, and Hong 
Kong. A study carried out in Spain in 1999 by the Roman Catholic 
religious order the ``Adoratrices'' found that Colombian women 
constituted nearly half of all trafficking victims in that country. 
According to press reports, more than 50 percent of women from Colombia 
who entered Japan were trafficking victims forced to work as 
prostitutes. Law enforcement authorities reported that most trafficking 
victims were from the departments of Valle de Cauca, Antioquia, 
Santander, Cundinamarca, and the coffee-growing regions of Risaralda, 
Caldas, Quindio, and Tolima.
    Police reported that most traffickers were linked to narcotics or 
other criminal organizations. Traffickers disguised their intent by 
running media ads offering jobs, portraying themselves as modeling 
agents, offering marriage brokerage services, or operating lottery or 
bingo scams with free trips as prizes. Recruiters reportedly loitered 
outside high schools, shopping malls, and parks to lure adolescents 
into accepting phantom jobs abroad.
    The country's overall situation of economic downturn, high 
unemployment, internal conflict between three major illegal armed 
groups, and social exclusion contributed to the availability of 
victims. While young women were the primary targets of traffickers, 
children and men also were affected. According to officials at the 
Colombian Family Welfare Institute (ICBF), a high rate of unwanted 
pregnancy in unwed teenage girls contributed to trafficking in 
children.
    Additional efforts addressed the problem of trafficking within the 
country's own borders. The Association Against Child Abuse estimated 
that 220,000 children were victims of sexual exploitation. The ICBF 
estimated that in Bogota alone there were over 10,000 girls and nearly 
1,000 boys exploited as child prostitutes. During the year, the ICBF 
provided assistance, either directly or through other specialized 
agencies, to over 14,000 sexually exploited children.
    The Hope Foundation, which assisted 26 trafficking victims through 
October, provided educational information, social support, and 
counseling to victims of trafficking who returned to the country. 
Services provided by the Hope Foundation in coordination with 
government social service agencies included psychological counseling, 
social assistance, placement, and follow-up care.
                               __________

                               COSTA RICA

    Costa Rica is a longstanding, stable, constitutional democracy with 
a unicameral Legislative Assembly directly elected in free multiparty 
elections every 4 years. The presidential term of Miguel Angel 
Rodriguez of the Social Christian Unity Party (PUSC), who was elected 
in February 1998, ended on May 8 with the inauguration of Abel Pacheco 
de la Espriella, also of the PUSC. Pacheco was elected president during 
a second-round vote in April that was necessitated by the failure of 
any one candidate to obtain the constitutionally required 40 percent of 
the popular vote during the first-round election in February. The 
judiciary was generally independent.
    The 1949 Constitution abolished the military forces. The Ministry 
of Public Security--which included specialized units such as the 
antidrug police--and the Ministry of the Presidency shared 
responsibility for law enforcement and national security. Several 
police units were combined within the Ministry of Public Security into 
a single ``public force'' that included the Border Guard, the Rural 
Guard, and the Civil Guard. Public security forces generally observed 
procedural safeguards established by law and the Constitution; however, 
there were a few reports of police abuse of authority.
    The market economy was based primarily on light industry, tourism, 
and agriculture; the country's population was approximately 3.85 
million. The Constitution protects the right to private property; 
however, domestic and foreign property owners encountered considerable 
difficulty obtaining adequate, timely compensation for lands 
expropriated for national parks and other purposes. The law grants 
substantial rights to squatters who invade uncultivated land, 
regardless of who may hold title to the property. Real gross domestic 
product (GDP) growth was estimated at 0.9 percent in 2001, compared 
with 1.7 percent in 2000. In October the official unemployment rate was 
6.8 percent, the highest in 17 years. An estimated 21 percent of the 
population lived in poverty.
    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; however, there were problems in a 
few areas. There were some instances of physical abuse by police and 
prison guards, and the judicial system processed some criminal cases 
very slowly, resulting in lengthy pretrial detention for some persons 
charged with crimes. Domestic violence was a serious problem, and 
traditional patterns of unequal opportunity for women remained, despite 
continuing government and media efforts to advocate change. Abuse of 
children also remained a problem, and child prostitution was a serious 
problem. Child labor persisted. Costa Rica 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 cruel or degrading treatment 
and holds invalid any statement obtained through violence, and the 
authorities generally abided by these prohibitions; however, members of 
the public forces were responsible for some physical abuse. An 
effective mechanism for lodging and recording complaints of police 
misconduct existed. The Ombudsman's office served as a recourse to 
citizens who had complaints about violations of their civil and human 
rights and about deficiencies in public and private infrastructure. It 
investigated complaints and, when appropriate, initiated suits against 
officials.
    The Ombudsman's office received 44 reports of police abuse of 
authority or misconduct. At year's end, 24 reports were still being 
investigated, 12 were determined to be legitimate, and 8 were 
determined to be without merit. This compared with 21 legitimate 
complaints received in 2001 and 52 in 2000.
    A large percentage of Public Security Force police owed their 
appointments to political patronage. The Rodriguez and Pacheco 
administrations continued implementation of the 1994 Police Code and 
the 2001 Law for Strengthening the Civilian Police in an effort to 
depoliticize and professionalize the police force. That law amended the 
Police Code to replace military ranks with civilian titles, required 
the police academy to develop a course and diploma in police 
administration that includes material on the fundamental and universal 
principles of human rights, and attempted to ensure that police 
officials were not dismissed due to a change in administrations. The 
Government's long-term plan was to establish permanent, professional 
cadres, eventually resulting in a nonpolitically appointed career 
force.
    Prison conditions were considered generally fair, and they 
generally met international standards. Prisoners were usually separated 
by sex and by level of security (minimum, medium, and maximum); 
however, overcrowding sometimes prevented proper separation. Most but 
not all pretrial detainees were held separately from convicted 
prisoners. During the year, the Ombudsman's office received eight 
complaints of physical abuse of prisoners by guards, of which four were 
still being investigated, two were determined to be legitimate, and two 
were determined to be without merit. The office also received 62 other 
complaints from prisoners alleging inadequate medical care, arbitrary 
administrative procedures, violation of due process of disciplinary 
procedures, unfair denial of prison transfer requests, and poor living 
conditions. Of these 62 complaints, 28 were still being investigated at 
year's end, 12 were determined to be legitimate, and 22 were determined 
to be without merit. The Ombudsman's office investigated all complaints 
and referred serious cases of abuse to the public prosecutor. Illegal 
narcotics were readily available in the prisons, and drug use was 
common.
    Penitentiary overcrowding remained a problem. In December the 
Social Adaptation Division of the Ministry of Justice reported a total 
of 12,635 persons under its supervision, including 6,637 jailed 
prisoners, 1,044 persons required to spend nights and weekends in jail, 
and 4,452 persons in supervised work programs requiring no jail time. 
The overall prison overpopulation rate was 8 percent; however, crowding 
was more severe in several small jails. The San Sebastian facility in 
central San Jose, where many pretrial detainees were held, reported an 
overpopulation rate of 36 percent. After viewing conditions there in 
December, a judge ordered that no new prisoners be sent there until the 
overcrowding was relieved. His order was later applied to prisons in 
Liberia, Puntarenas, and San Ramon.
    Problems during the year at La Reforma prison complex, the 
country's largest, drew attention to conditions in that prison. As of 
September, 3 homicides, 2 escapes, and a hunger strike involving 120 
prisoners protesting poor conditions had taken place. The Ombudsman 
attributed the problems to overcrowding, crumbling infrastructure, lack 
of adequately trained prison personnel, lack of prisoner employment 
programs, and insufficient medical care. Local judicial officials also 
cited the practice of grouping hardened criminals together with first-
time offenders because of a shortage of maximum-security units and an 
under-functioning drug-rehabilitation program.
    Female prisoners were held separately in conditions that generally 
were considered fair, although overcrowding existed in the women's 
prison as well. Juveniles were held in separate detention facilities in 
campus-like conditions that generally were considered good. The 
juvenile penal system held 44 youths in detention and another 358 in 
supervised alternative sanction programs.
    The Government permitted prison visits by independent human rights 
observers.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
respected these prohibitions in practice.
    The law requires issuance of judicial warrants before making 
arrests. The Constitution entitles a detainee to a judicial 
determination of the legality of the detention during arraignment 
before a court officer within 24 hours of arrest. The authorities 
generally respected these rights.
    The law provides for the right to bail, and the authorities 
observed it in practice. The authorities generally did not hold 
detainees incommunicado. With judicial authorization, the authorities 
could hold suspects incommunicado for 48 hours after arrest or, under 
special circumstances, for up to 10 days. A criminal court could hold 
suspects in pretrial detention for periods of up to 1 year, and the 
court of appeals could extend this period to 2 years in especially 
complex cases. The law requires that suspects in pretrial detention 
have their cases reviewed every 3 months by the court to determine the 
appropriateness of continued detention. According to the Ministry of 
Justice, in June there were 1,956 persons in pretrial detention, 
representing 23 percent of the prison population.
    The Constitution bars exile as punishment, and it was not used.

    e. Denial of Fair Public Trial.--The Constitution and law provide 
for an independent judiciary, and the Government generally respected 
this provision in practice. The Constitution provides for the right to 
a fair trial, and an independent judiciary enforced this right.
    The Supreme Court supervised the work of the lower courts, known as 
tribunals. The Legislative Assembly elected the 22 Supreme Court 
magistrates to 8-year terms, subject to automatic renewal unless the 
Assembly decided otherwise by a two-thirds majority. Accused persons 
could select attorneys to represent them, and the law provides for 
access to counsel at state expense for the indigent.
    Persons accused of serious offenses and held without bail sometimes 
remained in pretrial custody for long periods (see Section 1.d.). 
Lengthy legal procedures, numerous appeals, and large numbers of 
detainees caused delays and case backlogs.
    There were no new reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices; government 
authorities generally respected these prohibitions, and violations were 
subject to effective legal sanction. The law requires judicial warrants 
to search private homes. Judges could approve the use of wiretaps in 
investigations of genocide, homicide, procurement of minors, production 
of pornography, smuggling of minors, corruption of minors, trafficking 
in the organs of minors, and international crimes (which include 
terrorism and trafficking in slaves, women, children, or narcotics). 
Legal guidelines on the use of wiretaps, however, were so restrictive 
that the use of wiretaps was rare.
    The law grants considerable rights to squatters who invade 
uncultivated land, regardless of who may hold title to the property. 
Irregular enforcement of property rights and duplicate registrations of 
title damaged the real property interests of many who believed they 
held legitimate title to land. Landowners throughout the country have 
suffered frequent squatter invasions for years. According to the 
Ministry of Public Security, there were no large-scale removals of 
squatters during the year, and no violence occurred during 14 small-
scale evictions.

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, a generally 
effective judiciary, and a functioning democratic political system 
together ensured freedom of speech and of the press.
    There were 6 major privately owned newspapers, several periodicals, 
1 government and 4 privately owned television stations, and 1 
government and over 90 privately owned radio stations, all of which 
pursued independent editorial policies.
    In an April survey by La Nacion newspaper of 81 journalists on 
their perception of freedom of the press, 56 percent of the journalists 
claimed that they had received some type of threat during the previous 
12 months relating to the performance of their job. Of the threats 
received, 37 percent were threats of judicial prosecution, 19 percent 
were threats of economic reprisals against the employer, 19 percent 
were threats against the job security of the reporter, and 10 percent 
were threats of physical harm. Of the surveyed journalists, 85 percent 
indicated that they felt constrained in their practice by existing 
legislation, while 76 percent were unsatisfied with the slow progress 
the Assembly had made in reforming existing laws.
    A 1996 ``right of response'' law provides persons criticized in the 
media with an opportunity to reply with equal attention and at equal 
length. Print and electronic media continued to criticize public 
figures; however, media managers found it difficult to comply with 
provisions of this law. The Penal Code outlines a series of ``insult 
laws'' that establish criminal penalties of up to 3 years in prison for 
those convicted of ``insulting the honor or decorum of a public 
official.'' The law also identifies defamation, libel, slander, and 
calumny as offenses against a person's honor that can carry criminal 
penalties. The Inter-American Press Association and the World Press 
Freedom Committee asserted that such laws had the effect of restricting 
reporting by the media, and that they wrongly provided public officials 
with a shield from public scrutiny by citizens and the press.
    The unsolved July 2001 murder of popular radio host Parmenio Medina 
led to considerable public debate on press freedoms and renewed 
attention to legislative proposals aimed at easing media restrictions. 
The Legislative Assembly created a committee to study the different 
proposals, but at year's end, debate continued, and the bill had not 
been approved. On December 23, the police arrested a suspect in the 
Medina murder, but no charges had been brought by year's end.
    The Office of Control of Public Performances rated films and had 
the authority to restrict or prohibit their showing; it had similar 
powers over television programs and stage plays. Nonetheless, a wide 
range of foreign films was available to the public. A tribunal reviewed 
appeals of the office's actions.
    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 these rights, and the Government generally respected them 
in practice.
    In April hundreds of rice farmers convened in the port of Caldera 
to protest the unloading of imported rice and blocked the road for 2 
days. Police forces dispersed the crowd with tear gas after rocks were 
thrown at a police vehicle, injuring 34 persons, mostly from exposure 
to teargas. The police briefly detained 15 persons for a few hours 
following the disturbance, but all were released without being charged.
    In July protesters opposed to the introduction of a new automobile 
inspection requirement blocked several major highways in 2 days of 
protests. Taxi drivers, automobile mechanics, and union leaders alleged 
that the new requirement was too rigid, too expensive, and would force 
too many cars off the road. The protesters blocked roadways by burning 
tires and trees and set fire to one roadside restaurant and several 
vehicles. Police again used tear gas to clear the demonstrations. The 
police detained 175 participants and brought charges against 63 of 
them. Most were charged with hindering public services, instigating 
disorder, and aggravated resistance to police orders. Trial dates had 
not yet been set by year's end.

    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; however, it also prohibits the State from impeding the free 
exercise of other religions ``that do not impugn universal morality or 
proper behavior.'' Members of all faiths freely practiced their 
religion without government interference. The law grants all churches 
tax-free status but allows the Government to provide land only to the 
Catholic Church. Religious education teachers in public schools must be 
certified by the Roman Catholic Church Conference, which does not 
certify teachers from other denominations or faiths. Denominational and 
nondenominational private schools were free to offer any religious 
instruction they saw fit. Foreign missionaries and clergy of all faiths 
worked and proselytized freely.
    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 respected them in practice. There were no 
restrictions on travel within the country, emigration, or the right of 
return.
    There was a long tradition of providing refuge to persons from 
other countries. The law provides for granting asylum or refugee status 
in accordance with the standards of the 1951 U.N. Convention Relating 
to the Status of Refugees and its 1967 Protocol, and the Government 
admitted 4,634 persons as refugees under terms of the convention as of 
December. The office of the U.N. High Commissioner for Refugees (UNHCR) 
reported the total refugee population to be 11,987 as of September 30.
    The Government cooperated with the UNHCR and other humanitarian 
organizations in assisting refugees. The Government made a distinction 
between political asylum and refugee status. The issue of the provision 
of first asylum did not arise. The UNHCR reported that the Government 
had received 3,517 requests for asylum as of October 31. The 
Constitution specifically prohibits repatriation of anyone subject to 
potential persecution, and there were no reports of the forced return 
of persons to a country where they feared persecution.
    The authorities regularly repatriated undocumented Nicaraguans, 
most of whom entered the country primarily for economic reasons. 
However, following Hurricane Mitch in 1998, the Government announced a 
program of general amnesty for all Nicaraguans, Hondurans, and 
Salvadorans who were in the country prior to November 9, 1998. By the 
end of 2001, 213,037 Nicaraguans had qualified for and received legal 
resident status, most of them under this government amnesty program. 
According to the General Directorate of Migration, as of December, the 
Government had deported 3,992 and denied entry to 31,345 Nicaraguans.
    The UNHCR reported that 7,225 Colombian refugees were resident as 
of September 30. The majority entered in legal visitor status and 
applied for residence. According to the UNHCR, 3,386 Colombians 
requested refugee status as of October 31, compared with 5,018 during 
2001. These figures did not include other kinds of recognition, namely 
for family reunification. Those who sought temporary refugee status 
were expected to return to their country of origin once the period of 
conflict ended there.
    Allegations of abuse by the Border Guard periodically arose. 
Although instances of physical abuse appeared to have declined, there 
continued to be credible reports of extortion of migrants by border 
officials.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercised this right in practice 
through free and fair elections held on the basis of universal suffrage 
and by secret ballot every 4 years. The independent Supreme Electoral 
Tribunal ensured the integrity of elections, and the authorities and 
citizens respected election results. The Constitution bars the 
President from seeking reelection, and Assembly members may seek 
reelection only after at least one term out of office.
    In the February elections, the failure of any one presidential 
candidate to win 40 percent of the popular vote necessitated a runoff 
election in April, which was won by Abel Pacheco of the Social 
Christian Union Party. PUSC candidates won 19 of the Legislative 
Assembly's 57 seats. The National Liberation Party won 17 seats; the 
newly formed Citizen's Action Party won 14 seats; the Libertarian 
Movement Party won 6 seats; and the Costa Rican Renovation party won 1 
seat.
    Women encountered no legal impediments to their participation in 
politics and were represented increasingly in leadership positions in 
the Government and political parties. To increase women's 
representation in government, the Supreme Electoral Tribunal required 
that a minimum of 40 percent of candidates for elective office be 
female and that women's names be placed accordingly on the ballots by 
party slate. The First Vice President (who is also a cabinet member), 
the Minister of Education, the Minister of Children's Welfare, the 
Minister of Economy and Industry, the Minister of Health, the Minister 
of the Presidency, and the Minister of Women's Affairs were women. 
There were 20 women among the Legislative Assembly's 57 deputies, and 
women held several prominent offices in the 3 largest political 
parties. The Foundation of Women Parliamentarians of Costa Rica 
promoted women's involvement in politics through informational meetings 
and public awareness campaigns and also worked for a number of social 
objectives, including the decentralization of government.
    Indigenous people may participate freely in politics and 
government; however, in practice, they have not played significant 
roles in these areas, except on issues directly affecting their 
welfare, largely because of their relatively small numbers and physical 
isolation. They accounted for about 1 percent of the population, and 
their approximately 20,000 votes constituted an important swing vote in 
national elections. No member of the Legislative Assembly identified 
himself as indigenous.
    There were three Afro-Caribbean members in the Assembly; one 
represented San Jose province and two represented the Caribbean 
province of Limon. The country's 100,000 Afro-Caribbeans, who mostly 
resided in Limon province, enjoyed full rights of citizenship, 
including the protection of laws against racial discrimination.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Various human rights groups operated without government 
restriction, investigating and publishing their findings on human 
rights cases. Government officials were cooperative and responsive to 
their views. The Costa Rican Commission for Human Rights and the 
Commission for the Defense of Human Rights in Central America monitored 
and reported on human rights, as did the Ombudsman's office.
    The Legislative Assembly elects the Ombudsman for a 4-year, 
renewable term. The Ombudsman's office was part of the legislative 
branch, ensuring a high degree of independence from the executive 
branch. The law provides for the functional, administrative, and 
judicial independence of the Ombudsman's office. The office was divided 
into nine different directorates, including one for women's issues, one 
for children and adolescents, as well as a ``special protection'' 
directorate for populations such as indigenous people, senior citizens, 
prisoners, persons with disabilities, immigrants, etc. The Ombudsman 
opened regional offices in Ciudad Quesada and Liberia.
    Several international organizations concerned with human rights, 
including the Inter-American Institute for Human Rights and the Inter-
American Court of Human Rights, were located in San Jose.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution provides that all persons are equal before the 
law, and the Government generally respected this provision.

    Women.--The Government identified domestic violence against women 
and children as a serious societal problem. The National Institute for 
Women (INAMU), an autonomous institution created in 1998 that is 
dedicated to gender equality, received 63,990 calls on its domestic 
abuse hot line from January through October. During this same period, 
INAMU counseled 4,097 female victims of abuse in its San Jose office 
and accepted 194 women in INAMU-run shelters. INAMU maintained 41 
offices in municipalities around the country and had trained personnel 
working in 32 of the country's 81 cantons.
    The Office of the Special Prosecutor for Domestic Violence and 
Sexual Crimes prosecuted 448 cases related to domestic violence during 
the year, compared with 456 cases in 2001. INAMU reported that 24 women 
were killed in incidents of domestic violence during the year, compared 
with 11 in 2001.
    The 1996 Law Against Domestic Violence establishes precautionary 
measures to help victims. At year's end, the Legislative Assembly was 
still debating a Bill to Qualify Violence Against Women as a Crime, 
which would classify certain acts of domestic violence as crimes and 
mandate their prosecution whether or not the victim pursued charges 
against the perpetrator. The authorities incorporated training on 
handling domestic violence cases into the basic training course for new 
police personnel. The domestic violence law requires public hospitals 
to report cases of domestic violence against women. It also denies the 
perpetrator possession of the family home in favor of the victim. 
Television coverage of this issue increased in news reporting, public 
service announcements, and feature programs. Reports of violence 
against women increased, possibly reflecting a greater willingness of 
victims to report abuses rather than an actual increase in instances of 
violence against women. The public prosecutor, police, and the 
Ombudsman all had offices dedicated to this problem. The law against 
sexual harassment in the workplace and educational institutions sought 
to prevent and punish sexual harassment in those environments.
    Prostitution is legal for persons over the age of 18. The Penal 
Code prohibits individuals from promoting or facilitating the 
prostitution of individuals of either sex, independent of the 
individual's age, and the penalty is increased if the victim is under 
the age of 18.
    The prohibition against trafficking in women for the purpose of 
prostitution was strengthened by a statute that went into effect in 
1999, although trafficking was a problem (see Section 6.f.).
    In the 2000 census, women constituted 49.6 percent of the 
population. In 1998 President Rodriguez created the office of Minister 
of Women's Affairs, who also heads INAMU. The 1990 Law for the 
Promotion of the Social Equality of Women prohibits discrimination 
against women and obligates the Government to promote political, 
economic, social, and cultural equality. As part of its 3-year National 
Plan for Equality of Opportunity between Women and Men, the Government 
established an office for gender issues in almost all ministries and 
most parastatal organizations.
    According to the U.N. Development Program, women over age 15 
represented 36.6 percent of the labor force. Most women (76 percent) 
worked in the service sector, with the remainder working in industry 
(17 percent) and agriculture (6 percent). Women occupied 45 percent of 
professional and technical positions, and 30 percent of legislative, 
senior official, and managerial positions. The Constitution and Labor 
Code require that women and men receive equal pay for equal work; 
however, the estimated earned income for women was approximately 78 
percent of the earned income for men, despite the fact that 20.5 
percent of women in the workforce had some university instruction, 
compared to 11.4 percent of men.

    Children.--The Government was committed to children's rights and 
welfare through well-funded systems of public education and medical 
care. The law requires 6 years of primary and 3 years of secondary 
education for all children. There was no difference in the treatment of 
girls and boys in education or in health care services. In 1998 the 
Legislative Assembly passed a constitutional amendment increasing 
spending on education from 4 percent to 6 percent of GDP. The country 
had a high rate of literacy (95 percent) and a low rate of infant 
mortality (10 persons per 1,000). The Government spent over 5 percent 
of GDP on medical care. The autonomous National Institute for Children 
(PANI) oversaw implementation of the Government's programs for 
children. In May President Pacheco made PANI's Executive Director a 
minister, with the title of Minister of Child Welfare.
    In recent years, the PANI increased public awareness of abuse of 
children, which remained a problem. From January to June, the Institute 
intervened in 4,480 cases of abandonment (compared with 3,640 cases in 
the first 6 months of 2001), 403 cases of physical abuse (compared with 
1,246), 3,475 cases of sexual abuse (compared with 573), and 1,601 
cases of psychological abuse (compared with 941) of children. The PANI 
attributed the increase in cases to better reporting capabilities, an 
expansion of the definition of child abuse, and simply more abuse. In 
addition, the 1997 Code of Childhood and Adolescence redefined 
psychological abuse and increased awareness of it. Traditional 
attitudes and the inclination to treat such crimes as misdemeanors 
sometimes hampered legal proceedings against those who committed crimes 
against children.
    The Government, police sources, and UNICEF representatives 
acknowledged that child prostitution was a serious problem (see Section 
6.f.).
    The NGO Casa Alianza operated a 24-hour telephone help line that 
received 71 accusations of exploitation of minors from January through 
August. In 2000 the organization made a presentation to the IACHR about 
what it termed the growing commercial sexual exploitation of children 
in the country. Casa Alianza criticized the Government for not 
providing the PANI with 7 percent of the national tax revenue since 
1998, as stipulated by the law creating the PANI, and also criticized 
the Government for the relatively low number of persons actually 
charged, found guilty, and sentenced for child exploitation.
    The fiscal austerity measures of the Pacheco administration 
resulted in a 26 percent cut in PANI's budget during the year, and the 
same reduction was set to be applied to PANI's 2003 budget. The cuts 
resulted from the Government's reduction of the amount of money 
transferred to the Social Development and Family Allocation Fund, which 
is the primary source of PANI's funds. The Ombudsman decried the 
reductions and pledged to restore PANI's budget by seeking donations 
from international organizations.

    Persons with Disabilities.--The 1996 Equal Opportunity for Persons 
with Disabilities Law prohibits discrimination, provides for health 
care services, and mandates provision of access to buildings for 
persons with disabilities. This law was not enforced widely, and many 
buildings remained inaccessible to persons with disabilities. A 2000 
government study concluded that only 35 percent of the law's stated 
goals had been implemented. Nonetheless, a number of public and private 
institutions made efforts to improve access. In 1999 the PANI and the 
Ministry of Education published specific classroom guidelines for 
assisting children with hearing loss, motor difficulties, attention 
deficit disorder, and mental retardation. The Ministry of Education 
operated a Program for Persons with Disabilities, including a national 
resource center that provided parents, students, and teachers with 
advanced counseling, training, and information services. The Ministry 
reported that 17,201 students with disabilities were registered in the 
school system during the year, and that 46 special education centers 
had been created.

    Indigenous Persons.--The population of about 3.85 million includes 
nearly 40,000 indigenous persons among 8 ethnic groups. Most lived in 
traditional communities on 22 reserves which, because of their remote 
location, often lacked access to schools, health care, electricity, and 
potable water. The Government, through the National Indigenous 
Commission, distributed identification cards to facilitate access to 
public medical facilities in 1999. The Government also built a medical 
clinic and several community health centers in indigenous areas. The 
Ombudsman had an office to investigate violations of the rights of 
indigenous people.

Section 6. Worker Rights

    a. The Right of Association.--The law specifies the right of 
workers to join unions of their choosing without prior authorization, 
and workers exercised this right in practice. About 15 percent of the 
work force was unionized, and approximately 80 percent of all union 
members were public sector employees. Unions operated independently of 
government control.
    Some trade union leaders contended that the existence of worker 
``solidarity associations'' in some enterprises displaced unions and 
discouraged collective bargaining. However, since 1993, these non-dues-
paying organizations were prohibited by law from representing workers 
in collective bargaining negotiations or in any other way assuming the 
functions of or inhibiting the formation of trade unions. Instead, 
their function was to offer membership services, including credit union 
programs, matching-fund savings accounts, and low-interest loans. In 
some instances, employees had access to both trade union membership and 
solidarity association services at the same time.
    In December the AFL-CIO filed a petition with the U.S. Trade 
Representative to remove the country from the list of beneficiary 
countries under the U.S. General System of Preferences and the 
Caribbean Basin Economic Recovery Act. The AFL-CIO alleged that some 
employers used solidarity associations, together with legal provisions 
that permitted the negotiation of ``direct agreements'' between 
employers and unrepresented workers, to establish employer-controlled 
organizations. The petition also alleged that the Government did not 
accord workers internationally recognized worker rights, specifically 
the freedom of association and the right to organize and bargain 
collectively.
    A November 2001 ILO report summarized the results of its technical 
assistance mission, which found that unions were independent, active, 
and enjoyed the right to organize and express their views freely. 
According to the ILO, unions represented all types of workers and 
actively participated in bipartite and tripartite negotiating 
structures. The law prohibits discrimination against union members and 
imposes sanctions against offending employers. The ILO report, however, 
noted continued problems related to the slowness and inefficiency of 
redress procedures for unjustified firings and discriminatory antiunion 
measures, especially in the private sector.
    There were no new developments during the year in the ILO complaint 
filed by a union alleging antiunion discrimination in the banana 
industry, or on a complaint filed by the teachers union.
    The ILO's Committee of Experts (COE) identified several 
deficiencies in the labor law. Each year since 1998, the ILO encouraged 
the Government to adopt new measures to bring its law and practice in 
full compliance with internationally recognized worker rights. The 
Constitutional Chamber ruled that the National Inspection Directorate 
must comply with the 2-month time limit for investigations. The ILO 
criticized this procedure for giving no guarantee or reparations for 
damages caused, even if the legal deadlines were respected, since the 
labor inspectors simply certify the wrongdoing but file no charges. 
Most cases took up to 2 months to resolve, but some may take longer if 
the judge decided that an unusual situation merited further 
investigation and required witnesses. Delays in processing court 
rulings were common throughout the judicial branch, with little 
improvement in the slow and ineffective recourse procedures in response 
to antiunion discrimination. The Ministry of Labor continued its 
efforts to modernize the National Inspection Directorate, to enable it 
to support worker rights by increasing the authority of regional 
officers to investigate and process cases of alleged abuse by 
employers. These regional offices also established local forums where 
government officials, employers, and employees could discuss labor 
issues. Inspectors were provided increased opportunities for training 
and participation in Ministry of Labor administration.
    Unions could form federations and confederations and affiliate 
internationally.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution protects the right to organize. Foreign nationals are 
expressly prohibited from exercising direction or authority in unions. 
Since 1998 the COE specifically addressed this problem and repeatedly 
expressed its hope that the Government would adopt reforms to bring 
this law and practice into full conformity with internationally 
recognized norms. Specific provisions of the 1993 Labor Code reforms 
provide protection from dismissal for union organizers and members 
during union formation; however, the employer is not obligated to 
follow any specific procedures to prove grounds for dismissal. The 
revised provisions require employers who are found guilty of unfair 
labor practices to reinstate workers fired for union activities; 
however, enforcement of the measure was lax.
    The November 2001 ILO report commented on several rulings issued by 
the Constitutional Court that ``emphasized the confusion, uncertainty, 
and even legal insecurity'' with regard to the scope of public sector 
employees to bargain collectively. The COE ``expressed its deep concern 
over this situation which constitutes a serious violation . . . of the 
right to collective bargaining in the public sector.'' The COE urged 
the Legislative Assembly to ratify ILO Conventions 151 and 154, which 
would make it possible to find solutions to the problems that exist. A 
group of legislators also began working on a bill to amend the 
Constitution specifically to provide for the right to collective 
bargaining.
    Private sector unions had the legal right to engage in collective 
bargaining; however, collective bargaining diminished as a result of 
several factors, including lengthy delays in court processing of unfair 
dismissal suits and solidarity associations in effect displacing trade 
unions. The ILO report drew attention to the ``enormous imbalance'' in 
the private sector between the number of collective agreements 
concluded by trade union organizations (12, with very low coverage - 
7,200 workers) and direct pacts concluded by nonunionized workers 
(130). The COE noted that trade union confederations linked this 
imbalance with employers or solidarity associations, an allegation that 
employers denied. The ILO requested that the Government take the 
necessary measures to promote collective bargaining within the meaning 
of ILO Convention 87 and to hold an investigation by independent 
persons concerning the reasons for the increase in direct pacts with 
nonunionized workers.
    The Constitution and Labor Code restrict the right of public sector 
workers to strike. However, in 1998 the Supreme Court formally ruled 
that public sector workers, except those in essential positions, had 
the right to strike. Even before this ruling, the Government had 
removed penalties for union leaders participating in such strikes. 
Nonetheless, the COE reported that workers in the rail, maritime, and 
air transport sectors were prohibited from exercising their right to 
strike.
    In 2000 the Supreme Court's Constitutional Chamber clarified the 
law forbidding public sector strikes. It ruled that public sector 
strikes could be allowed only if a judge approved them beforehand and 
found that ``services necessary to the well-being of the public'' were 
not jeopardized. Public sector workers who decided to strike could no 
longer be penalized by a prison sentence but could face charges of 
breach of contract.
    There were no legal restrictions on the right of private sector 
workers to strike, but few private sector workers belonged to unions. 
Private sector strikes rarely occurred, and there were no major strikes 
during the year.
    All labor regulations applied fully to the country's nine export 
processing zones (EPZs). The Labor Ministry oversaw labor regulations 
within the EPZs.

    c. Prohibition of Forced or Bonded Labor.--The Constitution 
prohibits forced or bonded labor, and there were no reports that it 
occurred. Laws prohibit forced and bonded labor by children, and the 
Government generally enforced this prohibition effectively.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Constitution and the Labor Code provide special 
occupational protection for minors and pregnant and nursing women, and 
establish a minimum working age of 15 years. Adolescents between the 
ages of 15 and 18 may work for a maximum of 6 hours daily and 36 hours 
weekly with special permission from the PANI, while children under the 
age of 15 may not work legally. The PANI, in cooperation with the Labor 
Ministry, generally enforced these regulations in the formal sector. 
Due to limited government resources for enforcement, some children 
worked on the fringes of the formal economy in violation of these 
limits. Youths under the age of 18 may not work in the banana industry. 
According to PANI estimates for 2000, 19 percent of children between 
the ages of 5 and 17 were employed in domestic tasks, while 15 percent 
worked outside the home. In October the Labor Ministry reported that 
72,000 children between the ages of 5 and 16 worked illegally instead 
of attending school. Another 16,000 children between the ages of 16 and 
18 quit school to work. According to a 1998 survey, children between 
the ages of 5 and 11 were paid only 11.6 percent of the minimum wage, 
those between the ages of 12 and 14 were paid 21 percent of the minimum 
wage, and the group between the ages of 15 and 17 was paid 56 percent 
of the minimum wage.
    With help from the ILO, the Labor Ministry was working to phase out 
child labor in the formal sector and asked employers of children to 
notify the Ministry of such employment. The National Directive 
Committee for the Progressive Eradication of Child Labor and Protection 
of Adolescent Laborers includes representatives from the PANI, the 
Ministry of Labor, the Ministry of Justice, the Ministry of Public 
Security, the Ombudsman's Office, UNICEF, the ILO, and area 
universities. The Ministry of Labor maintained an Office for the 
Eradication of Child Labor, which cooperated with projects sponsored by 
the ILO, U.N. Development Program, and other entities. Nonetheless, 
child labor remained an integral part of the informal economy, 
particularly in small-scale agriculture and family-run microenterprises 
selling various items, which employed a significant proportion of the 
labor force. Child prostitution was a serious problem (see Section 
6.f.).

    e. Acceptable Conditions of Work.--The Constitution provides for a 
minimum wage. A National Wage Council, composed of three members each 
from government, business, and labor, set minimum wage and salary 
levels for all sectors. Monthly minimum wages for the private sector 
were adjusted on July 4 and ranged from approximately $144 (51,732 
colones) for domestic employees to approximately $560 (203,571 colones) 
for some professionals. Public sector negotiations, based on private 
sector minimum wages, normally followed the settlement of private 
sector negotiations. The Ministry of Labor effectively enforced minimum 
wages in the San Jose area but did so less effectively in rural areas. 
Especially at the lower end of the wage scale, the minimum wage was not 
sufficient to provide a worker and family with a decent standard of 
living.
    The Constitution sets workday hours, overtime remuneration, days of 
rest, and annual vacation rights. Although often circumvented in 
practice, it also requires compensation for discharge without due 
cause. Generally, workers may work a maximum of 8 hours during the day 
and 6 at night, up to weekly totals of 48 and 36 hours, respectively. 
Nonagricultural workers receive an overtime premium of 50 percent of 
regular wages for work in excess of the daily work shift. However, 
agricultural workers did not receive overtime pay if they voluntarily 
worked beyond their normal hours. Little evidence existed that 
employers coerced employees to perform such overtime.
    A 1967 law on health and safety in the workplace requires 
industrial, agricultural, and commercial firms with 10 or more workers 
to establish a joint management-labor committee on workplace conditions 
and allows the Government to inspect workplaces and to fine employers 
for violations. Most firms subject to the law established such 
committees but either did not use the committees or did not turn them 
into effective instruments for improving workplace conditions. The 
Government did not provide sufficient resources to the Labor Ministry 
to ensure consistent maintenance of minimum conditions of safety and 
sanitation, especially outside San Jose, or to verify effectively 
compliance with labor laws by the country's approximately 42,000 
companies. In June and August, two industrial accidents brought 
attention to the lack of labor occupational safety inspectors operating 
in the country. Workers had the right to leave work if conditions 
become dangerous; however, workers who did so may jeopardize their jobs 
unless they filed written complaints with the Ministry of Labor.

    f. Trafficking in Persons.--The law prohibits trafficking in women 
for the purpose of prostitution, and a 1999 statute strengthens this 
prohibition; however, Costa Rica was a transit and destination country 
for trafficked persons. Isolated cases of trafficking have involved 
persons from Africa, Asia, Bolivia, China, Colombia, Cuba, the 
Dominican Republic, and the Middle East. There also were reports of 
girls from the Philippines being trafficked to the country for the 
purpose of sexual exploitation.
    The Criminal Code prohibits trafficking in women and minors for the 
purpose of prostitution, but it does not address all severe forms of 
trafficking. In November 2001, the General Directorate of Migration 
implemented an executive decree to prohibit persons linked to 
trafficking from entering Costa Rica. In December 2001, a law entered 
into force that permits the use of wiretaps in investigations of 
trafficking, although legal guidelines governing the use of wiretaps 
were so strict that investigators rarely used them.
    Child prostitution was a serious problem. Although no official 
statistics existed, the PANI identified street children in the urban 
areas of San Jose, Limon, and Puntarenas as being at the greatest risk. 
Estimates of the number of children involved in prostitution varied 
widely, and the only scientific studies focused on limited areas. The 
1999 Law Against the Sexual Exploitation of Minors specifically 
penalizes persons who use children and adolescents under age 18 for 
erotic purposes and makes it a crime to engage in prostitution with 
minors. An adult who pays for sex with a minor can be sentenced to 2 to 
10 years in prison. The Government took steps to enforce this law and 
raided brothels and arrested clients. The law provides for prison 
sentences from 4 to 10 years for those managing or promoting child 
prostitution. On December 5, a court convicted five persons arrested in 
2001 for sexual exploitation of children; two were sentenced to 30 
years' imprisonment and three to 16 years.
    A government Inter-Ministerial Group on Trafficking addressed the 
problem in the country. Each participating ministry reportedly 
incorporated preventive trafficking measures into its ministerial 
agenda. The Government supported prevention programs to combat sexual 
exploitation of minors and trafficking. There were limited formal 
mechanisms specifically designed to aid trafficked victims; however, 
the Government offered indirect assistance, such as stay-in-school 
programs, to child victims of trafficking. Victims were not granted 
temporary or permanent residence status and often were deported 
immediately to their country of origin.
                               __________

                                  CUBA

    Cuba is a totalitarian state controlled by Fidel Castro, who is 
Chief of State with the titles of President, Head of government, First 
Secretary of the Communist Party, and commander in chief of the armed 
forces. Castro exercises control over all aspects of life through the 
Communist Party and its affiliated mass organizations, the Government 
bureaucracy headed by the Council of State, and the state security 
apparatus. The Communist Party is the only legal political entity, and 
Castro personally chooses the membership of the Politburo, the select 
group that heads the party. There are no contested elections for the 
601-member National Assembly of People's Power (ANPP), which meets 
twice a year for a few days to rubber stamp decisions and policies 
previously decided by the governing Council of State. The Communist 
Party controls all government positions, including judicial offices. 
The judiciary is completely subordinate to the Government and to the 
Communist Party.
    The Ministry of Interior is the principal entity of state security 
and totalitarian control. Officers of the Revolutionary Armed Forces, 
which are led by Fidel Castro's brother General Raul Castro, were 
assigned to the majority of key positions in the Ministry of Interior 
in the past several years. In addition to the routine law enforcement 
functions of regulating migration and controlling the Border Guard and 
the regular police forces, the Interior Ministry's Department of State 
Security investigated and actively suppressed political opposition and 
dissent. It maintained a pervasive system of surveillance through 
undercover agents, informers, rapid response brigades (RRBs), and 
neighborhood-based Committees for the Defense of the Revolution (CDRs). 
The Government traditionally has used the CDRs to mobilize citizens 
against dissenters, impose ideological conformity, and root out 
``counterrevolutionary'' behavior. RRBs consisted of workers from a 
particular brigade (construction workers, a factory, etc.) that were 
organized by the Communist Party to react forcefully to any situation 
of social unrest. The Government on occasion used RRBs instead of the 
police or military during such situations. Members of the security 
forces committed numerous, serious human rights abuses.
    The economy was centrally planned, with some elements of state-
managed capitalism in sectors such as tourism and mining. The country's 
population was approximately 11 million. The economy depended heavily 
on primary products such as sugar and minerals, but also on its 
recently developed tourism industry. The economy performed poorly 
during the year, mainly due to inefficient policies. The 2001-02 sugar 
harvest was poor, remittances from abroad decreased, and tourist 
arrivals declined 5 percent below 2001 levels. In November 2001, 
Hurricane Michelle severely affected agricultural production, which did 
not begin to recover until midyear. Government officials announced that 
the economy had grown by 1.1 percent during the year. Government policy 
was officially aimed at preventing economic disparity, but persons with 
access to dollars enjoyed a significantly higher standard of living 
than those with access only to pesos. During the year, the Government 
issued a moratorium on new licenses for small private businesses in the 
service sector, many of which have been fined on unclear grounds or 
taxed out of existence. A system of ``tourist apartheid'' continued, 
whereby citizens were denied access to hotels, beaches, and resorts 
reserved for foreign tourists.
    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 peacefully. Although the Constitution 
allows legislative proposals backed by at least 10,000 citizens to be 
submitted directly to the ANPP, the Government rejected a petition 
known as the Varela Project, with over 11,000 signatures calling for a 
national referendum on political and economic reforms. The Government 
mobilized the population to sign a counter-petition reinforcing the 
socialist basis of the State; the ANPP unanimously approved this 
amendment. Communist Party-affiliated mass organizations tightly 
controlled elections to provincial and national legislative bodies, 
resulting in the selection of single, government-approved candidates. 
Prisoners died in jail due to lack of medical care. Members of the 
security forces and prison officials continued to beat and abuse 
detainees and prisoners, including human rights activists. The 
Government failed to prosecute or sanction adequately members of the 
security forces and prison guards who committed abuses. Prison 
conditions remained harsh and life threatening. The authorities 
routinely continued to harass, threaten, arbitrarily arrest, detain, 
imprison, and defame human rights advocates and members of independent 
professional associations, including journalists, economists, doctors, 
and lawyers, often with the goal of coercing them into leaving the 
country. The Government used internal and external exile against such 
persons. The Government denied political dissidents and human rights 
advocates due process and subjected them to unfair trials. The 
Government infringed on citizens' privacy rights. The Government denied 
citizens the freedoms of speech, press, assembly, and association. It 
limited the distribution of foreign publications and news, restricted 
access to the Internet, and maintained strict censorship of news and 
information to the public. The Government restricted some religious 
activities but permitted others. The Government limited the entry of 
religious workers to the country. The Government maintained tight 
restrictions on freedom of movement, including foreign travel and did 
not allow some citizens to leave the country. The Government was 
sharply and publicly antagonistic to all criticism of its human rights 
practices and discouraged foreign contacts with human rights activists. 
Violence against women, especially domestic violence, and child 
prostitution were problems. Racial discrimination was a problem. The 
Government severely restricted worker rights, including the right to 
form independent unions. The Government prohibits forced and bonded 
labor by children; however, it required children to do farm work 
without compensation.
                        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 politically motivated killings.
    On August 16, Juan Sanchez Picoto died in a psychiatric hospital in 
San Luis de Jagua, allegedly by suicide. According to family members, 
Sanchez Picoto had tried to emigrate nine times since 1998, and after 
the last attempt the authorities forcibly removed him from his home and 
placed him in a psychiatric unit for alcoholics at a Guantanamo 
psychiatric hospital. He was held in a ward for violent and mentally 
ill offenders, despite a doctor's diagnosis that he did not meet 
criteria for involuntary commitment. He was allegedly given shock 
therapy and assaulted by another detainee, resulting in a head injury. 
On August 15, he was transferred from the Guantanamo hospital to the 
San Luis de Jagua unit and died the next day; family members were not 
allowed to see the body.
    During the year, there were reports that prisoners died in jail due 
to lack of medical care (see Section 1.c.).
    There was no new information about the results of any investigation 
into the deaths of Leovigildo Oliva and Leonardo Horta Camacho, and no 
government action was likely; police reportedly shot and killed both 
men in 2000.
    The Government still has not indemnified the survivors and the 
relatives of the 41 victims for the damages caused in the Border 
Guard's July 1994 sinking of the ``13th of March'' tugboat, despite a 
1996 recommendation by the Inter-American Commission on Human Rights 
(IACHR) to do so.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits abusive treatment of detainees 
and prisoners; however, members of the security forces sometimes beat 
and otherwise abused human rights advocates, detainees, and prisoners. 
The Government took no steps to curb these abuses. There continued to 
be numerous reports of disproportionate police harassment of black 
youths (see Section 5).
    On March 4, state security agents, police, and civilian members of 
an RRB beat blind activist Juan Carlos Gonzalez Leyva, independent 
journalist Carlos Brizuela Yera, and eight other activists, who were at 
a public hospital in Ciego de Avila protesting the earlier beating of 
independent journalist Jesus Alvarez Castillo. Police forcibly removed 
the protesters from the hospital and arrested them. On August 21, a 
municipal court charged them with ``contempt for authority, public 
disorder, disobedience, and resistance.'' Prosecutors requested a 6-
year sentence for Gonzalez Leyva. Gonzalez Leyva protested his 
imprisonment through a liquids-only fast, and at year's end weighed 
less than 100 pounds.
    On September 17, plainclothes police beat 59-year-old Rafael Madlum 
Payas of the Christian Liberation Movement as he approached a police 
station to inquire about the cases of seven activists being held at the 
station.
    The Government continued to subject persons who disagreed with it 
to what it called acts of repudiation. At government instigation, 
members of state-controlled mass organizations, fellow workers, or 
neighbors of intended victims were obliged to stage public protests 
against those who dissented from the Government's policies, shouting 
obscenities and often causing damage to the homes and property of those 
targeted; physical attacks on the victims sometimes occurred. Police 
and state security agents often were present but took no action to 
prevent or end the attacks. Those who refused to participate in these 
actions faced disciplinary action, including loss of employment.
    On July 1, the first secretary of the Communist Party in Cruces, 
Cienfuegos province, directed 150 persons to engage in an act of 
repudiation against Gladys Aquit Manrique of the Cuban Pro Human Rights 
Party. The persons shouted epithets at Aquit Manrique and kicked her 
door.
    There were also smaller-scale acts of repudiation, known as 
``reuniones relampagos,'' or rapid repudiations. These acts were 
conducted by a small number of persons, usually not from the target's 
neighborhood, and lasted up to 30 minutes. These individuals shouted 
epithets and threw stones or other objects at the victim's house.
    On April 21, members of an RRB beat Grisel Almaguer Rodriguez of 
the Political Prisoners Association as she departed the home of human 
rights activist Elizardo Sanchez Santa Cruz.
    On September 21, persons directed by state security officials threw 
stones and mud at the home of Jose Daniel Ferrer of the Christian 
Liberation Movement and beat Victor Rodriguez Vazquez and Yordanis 
Almenares Crespo, who were visiting Ferrer at the time of the attack.
    On September 24, police in Santiago province directed persons to 
beat six members of the Christian Liberation Movement during an act of 
rapid repudiation.
    Prison conditions continued to be harsh and life threatening, and 
conditions in detention facilities also were harsh. The Government 
claimed that prisoners had rights such as family visitation, adequate 
nutrition, pay for work, the right to request parole, and the right to 
petition the prison director; however, police and prison officials 
often denied these rights in practice, and beat, neglected, isolated, 
and denied medical treatment to detainees and prisoners, including 
those convicted of political crimes or those who persisted in 
expressing their views. The Penal Code prohibits the use of corporal 
punishment on prisoners and the use of any means to humiliate prisoners 
or to lessen their dignity; however, the code fails to establish 
penalties for committing such acts, and they continued to occur in 
practice. Detainees and prisoners, both common and political, often 
were subjected to repeated, vigorous interrogations designed to coerce 
them into signing incriminating statements, to force collaboration with 
authorities, or to intimidate victims. Some endured physical and sexual 
abuse, typically by other inmates with the acquiescence of guards, or 
long periods in punitive isolation cells. Pretrial detainees were held 
separately from convicted prisoners. In Havana there were two detention 
centers; once sentenced, persons were transferred to a prison.
    Prisoners sometimes were held in ``punishment cells,'' which 
usually were located in the basement of a prison, were semi-dark all 
the time, had no water available in the cell, and had a hole for a 
toilet. No reading materials were allowed, and family visits were 
reduced to 10 minutes from 1 or 2 hours. There was no access to lawyers 
while in the punishment cell.
    On May 10, political prisoner Carlos Luis Diaz Fernandez informed 
friends that he had been held in solitary confinement since January 
2000 in a cell with no electric light and infested by rats and 
mosquitoes.
    In August six guards at Guamajal prison, Villa Clara province, beat 
common prisoner Pedro Rafael Perez Fuentes until he was unconscious. 
Perez Fuentes told his mother that the guards had beaten him because he 
had asked them why he had been denied exercise privileges. The prison 
warden verbally abused Perez Fuentes' mother when she informed him of 
her plans to report the assault.
    On August 6, prison officials, including the chief of political 
reeducation, beat political prisoner Yosvani Aguilar Camejo. Aguilar 
Camejo is the national coordinator for the Fraternal Brothers for 
Dignity Movement. He was arrested at the time of the Mexican Embassy 
break-in by asylum seekers in late February (see Section 1.d.).
    Prison guards and state security officials subjected human rights 
and prodemocracy activists to threats of physical violence, to 
systematic psychological intimidation, and to detention or imprisonment 
in cells with common and violent criminals, sexually aggressive 
inmates, or state security agents posing as prisoners.
    On February 21, political prisoner Ariel Fleitas Gonzalez advised 
relatives that prison authorities had placed a dangerous common 
criminal in his cell in Canaleta prison to monitor his activities. That 
prisoner threatened Fleitas Gonzalez when the latter called upon 
officials to respect prisoners' rights.
    On June 20, a guard at Las Ladrilleras prison in Holguin province 
instructed a common prisoner to beat political prisoner Daniel Mesa. 
Mesa reportedly suffered brain damage as a result of the attack.
    In late October, imprisoned dissident Leonardo Bruzon Avila was 
hospitalized from the effects of a 43-day hunger strike. In February 
the authorities had arrested Bruzon on charges of civil disobedience. 
In December the authorities returned Bruzon to prison, where he resumed 
a liquids-only diet. Family members and colleagues believed he was 
returned to prison before he had fully recovered from the effects of 
his hunger strike.
    In November Ana Aquililla, wife of Francisco Chaviano Gonzalez, 
reported that her husband remained confined with common prisoners, that 
for more than 1 year he was not allowed outside the prison for 
recreation, and that he could not receive family visits. Chaviano is 
the former president of the National Council for Civil Rights in Cuba 
and received a 15-year prison sentence in 1994 on charges of espionage 
and disrespect.
    Political prisoners were required to comply with the rules for 
common criminals and often were punished severely if they refused. They 
often were placed in punishment cells and held in isolation.
    The Government regularly failed to provide adequate nutrition and 
medical attention, and a number of prisoners died during the year due 
to lack of medical attention. In 1997 the IACHR described the 
nutritional and hygienic situation in the prisons, together with the 
deficiencies in medical care, as ``alarming.'' Both the IACHR and the 
former U.N. Special Rapporteur on Cuba, as well as other human rights 
monitoring organizations, have reported the widespread incidence in 
prisons of tuberculosis, scabies, hepatitis, parasitic infections, and 
malnutrition.
    In early June, common prisoner Hector Labrada Ruedas died of 
internal bleeding after prison authorities refused his requests for 
medical attention.
    Alberto Martinez Martinez contracted hepatitis and leptospirosis 
while being held for attempting to leave the country without government 
authorization. He was placed in intensive care following his release. 
Martinez Martinez is the son of Alberto Martinez Fernandez, president 
of the Political Prisoners and Ex-Political Prisoners Club.
    On June 19, the illegal (see Section 2.b.) nongovernmental 
organization (NGO) National Office for the Receipt of Information on 
Human Rights Violations reported that political prisoner Nestor Garcia 
Valdes had contracted tuberculosis while being held in Guantanamo 
Provincial Prison with nine infected common prisoners, none of whom had 
received treatment for the disease.
    The wife of political prisoner Nestor Rodriguez Lobaina reported 
that Rodriguez feared for his health because he had been held for an 
extended period in a cell with two prisoners suffering from 
tuberculosis. Rodriguez was especially concerned because his wife and 
young daughter visited him in his cell, exposing them to possible 
infection as well. Rodriguez' wife claimed that the prison doctor had 
refused to transfer Lobaina after learning that he was a political 
prisoner, saying that his fate was of no concern to her. Rodriguez is 
in the third year of a 6-year sentence for ``contempt of authority'' 
and ``public disorder.''
    Political prisoner Osvaldo Dussu Medina reported that inmates in 
Boniato prison were forced to wash their clothes in water contaminated 
with feces and urine from a broken sewer pipe. Prison authorities had 
been aware of the contamination for 2 years but did nothing to remedy 
the situation.
    Prison officials regularly denied prisoners other rights, such as 
the right to correspondence, and continued to confiscate medications 
and food brought by family members for political prisoners. Some prison 
directors routinely denied religious workers access to detainees and 
prisoners. Reading materials, including Bibles, were not allowed in 
punishment cells. Prison authorities refused to grant blind dissident 
Juan Carlos Gonzalez Leyva access to his Braille Bible.
    In July prison officials in Ceramica Roja prison denied religious 
visits to political prisoner Enrique Garcia Morejon of the Christian 
Liberation Movement. Garcia Morejon twice requested visits by a 
Catholic priest while the priest was visiting other prisoners.
    There were separate prison facilities for women and for minors. 
Conditions of these prisons, especially for women, did not take into 
account the special needs of women. Human rights activists believed 
that conditions were poor.
    The Government did not permit independent monitoring of prison 
conditions by international or national human rights monitoring groups. 
The Government has refused to allow prison visits by the International 
Committee of the Red Cross (ICRC) since 1989. In 2001 the Cuban 
Commission for Human Rights and National Reconciliation (CCHRNC), an 
illegal NGO, appealed to the Government to create a national commission 
with representatives from the Cuban Red Cross, the Ministry of Public 
Health, and different churches, to inspect the prisons and recommend 
changes to the existing situation. The CCHRNC did not receive a 
response from the Government.

    d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and 
detention continued to be problems, and they remained the Government's 
most effective tactics for harassing opponents. The Law of Penal 
Procedures requires police to file formal charges and either release a 
detainee or bring the case before a prosecutor within 96 hours of 
arrest. It also requires the authorities to provide suspects with 
access to a lawyer within 7 days of arrest. However, the Constitution 
states that all legally recognized civil liberties can be denied to 
anyone who actively opposes the decision of the Cuban people to build 
socialism. The authorities routinely invoked this sweeping authority to 
deny due process to those detained on purported state security grounds.
    The authorities routinely engaged in arbitrary arrest and detention 
of human rights advocates, subjecting them to interrogations, threats, 
and degrading treatment and unsanitary conditions for hours or days at 
a time. Police frequently lacked warrants when carrying out arrests or 
issued warrants themselves at the time of arrest. Authorities sometime 
employed false charges of common crimes to arrest political opponents. 
Detainees often were not informed of the charges against them. The 
CCHRNC reported a significant increase in the number of detentions in 
February and March. In May Amnesty International recognized the 
increase of arrests and harassment of dissidents, including organizers 
for the opposition Varela Project (see Section 3), and expressed 
concern about the increased use of violence by security forces. The 
authorities continued to detain human rights activists and independent 
journalists for short periods, often to prevent them from attending or 
participating in events related to human rights issues (see Sections 
2.a. and 2.b.). The authorities also placed such activists under house 
arrest for short periods for similar reasons.
    On January 28, police arrested Martha Beatriz Roque, director of 
the Cuban Institute of Independent Economists, for refusing to allow 
government employees to fumigate her residence against mosquitoes. 
Roque refused because she had suffered allergic reactions as a result 
of previous fumigations. State security officials took Roque to a 
Ministry of Health office, where she was strip searched, held for 4 
hours, and released. Government officials broke into Roque's house and 
fumigated it while she was in detention.
    On February 24, state security officials arrested independent 
journalist Carlos Alberto Dominguez for participating in an event 
commemorating the four pilots killed in February 1996 by military 
aircraft. He was released the same day but was arrested again on 
February 28 and remained jailed on charges of ``contempt for authority 
and public disorder'' (see Section 2.a.). At year's end, his relatives 
reported that Dominguez was in poor health and receiving inadequate 
treatment for hypertension and severe migraine headaches.
    In late February, police arrested at least 300 persons near the 
Mexican Embassy after 21 asylum seekers used a bus to break through the 
gates of the embassy. Many of those arrested were reportedly bystanders 
not involved in the embassy intrusion. RRBs summoned by the Government 
to the Mexican Embassy beat some bystanders. Most bystanders were 
interrogated and released, but on March 6, Fidel Castro indicated that 
130 of them would be tried on charges related to the embassy break-in. 
According to relatives, approximately 60 remained jailed at year's end; 
none had been tried.
    On March 13, police arrested seven human rights activists in Nueva 
Gerona, Isle of Youth, as they conducted a public demonstration calling 
for democratic reforms and the release of political prisoners (see 
Sections 2.a. and 2.b.).
    On March 18, state security officials arrested four leaders of the 
Brotherhood of Blind Cubans to prevent a demonstration against police 
mistreatment of handicapped street vendors and calling for the release 
of blind dissident Juan Carlos Gonzalez Leyva (see Sections 1.c., 2.b., 
and 5). Police released the four after citing them with ``official 
warnings.''
    On April 17, police arrested Barbaro Vela Coego and Armando 
Dominguez Gonzalez, president and vice president, respectively, of the 
January 6 Civic Movement, to prevent their attendance at a fast in 
honor of political prisoners. They were held for 2 hours and released 
(see Section 2.b.).
    On April 22, police arrested Milka Pena Martinez of the Cuban Pro 
Human Rights Party for protesting a police search of her home (see 
Section 1.f.). Police also arrested Luis Ferrer Garcia of the Christian 
Liberation Movement, who was present at the time, and Ramon Collazo 
Almaguer, who led a group of dissidents to Pena Martinez' home to 
protest her arrest. Pena Martinez was fined and all three were 
released.
    On May 19, police arrested Nereida Cala Escalona and Evelio 
Manteira Barban as they departed a meeting in Santiago de Cuba 
organized by the Christian Liberation Movement. They were interrogated, 
threatened with imprisonment, and released on May 20.
    On June 1, police arrested nine activists as they departed a human 
rights course at the illegal NGO Culture and Democracy Institute in 
Santiago de Cuba. They were interrogated and released on June 2.
    On June 7, police arrested three members of the 30th of November 
Party in Santiago de Cuba. They were interrogated and released on June 
10.
    On June 14, state security officials beat and arrested independent 
journalist Carlos Serpa Maceira while he was covering a march by human 
rights activists in the Isle of Youth (see Section 2.a.). He was 
briefly detained, fined $48 (1,200 pesos), and then released.
    On July 24, police arrested human rights activist Adolfo Lazaro 
Bosq at a vigil for political prisoners on charges of ``resistance and 
contempt for the revolutionary process.'' On August 2, a municipal 
court sentenced him to 1 year and 9 months' imprisonment (see Section 
1.e.).
    In July state security officials arrested independent journalist 
Yoel Blanco Garcia and took him to a local firehouse where he was 
interrogated. The state security officials warned Blanco Garcia not to 
visit the home of Martha Beatriz Roque, director of the Cuban Institute 
of Independent Economists.
    On July 29, state security officials arrested Rogelio Menendez 
Diaz, president of the Cuban Municipalities for Human Rights. He was 
held for 35 days in Villa Marista prison, where guards transferred him 
between chilled and heated cells. During interrogations, Menendez Diaz 
was accused of organizing clandestine cells on behalf of exile groups 
along with activists Angel Pablo Polanco and Marcel Valenzuela Salt, 
who had also been detained. Menendez Diaz was charged with ``contempt 
against the Commander in Chief'' and warned to cease opposition 
activities. He was released on September 2 but rearrested on December 
10, apparently to prevent his participation in events commemorating 
International Human Rights Day. At year's end, he had not been tried 
and remained jailed.
    On July 30, state security officials arrested independent 
journalist Angel Pablo Polanco and held him for 4 days in an 
unregistered house of detention. Polanco was 60 years old and moved 
with the aid of a walker. During a search of his home, state security 
agents removed a fax machine and a telephone which Polanco had 
purchased from a state company, $1,200 in cash, a tape recorder, books 
on Cuban history, and files related to his work as a journalist. The 
officials did not provide a receipt for the money or the items (see 
Section 2.a.). Polanco was charged with inciting others to commit 
``contempt of authority'' and ``insulting the symbols of the State,'' 
apparently in connection with plans by opposition groups to mark the 
August 5 anniversary of 1994 riots in Havana. He was accused of 
organizing clandestine cells along with activists Manuel Menendez Diaz 
and Marcel Valenzuela Salt, who had been arrested on July 29. Polanco 
was granted conditional release on August 3. At year's end, Polanco had 
not been tried.
    On September 11, police arrested Luis Milan of the Christian 
Liberation Movement for writing a letter to municipal officials in 
Santiago de Cuba calling for improved prison conditions.
    On December 6, police arrested Dr. Oscar Elias Biscet, a political 
prisoner who had been released on October 31 after serving 3 years for 
disrespect, creating a public disturbance, and encouraging others to 
violate the law. The authorities arrested Biscet and 16 others to 
prevent them from holding a seminar on nonviolent civil disobedience. 
The authorities later released 12 of the detainees, but charged Biscet, 
his associate Raul Arencibia Fajardo, and 2 others with public 
disorder, which carries a sentence of up to 1 year.
    The Government often held persons without charges for months and 
then released them, which avoided the spectacle of a trial. Of the 36 
political prisoners arrested during the year, 6 were released without 
charges, including several who had been informally advised of charges 
but were never processed.
    State security police used detentions and warnings to prevent 
organizations around the island from performing any actions in 
remembrance of the four pilots killed in February 1996 by military 
aircraft. As in previous years, on July 13, police prevented activists 
from commemorating the 1994 sinking of the ``13th of March'' tugboat 
(see Sections 1.d and 2.b.).
    The authorities sometimes detained journalists in order to question 
them about contacts with foreigners or to prevent them from covering 
sensitive issues or criticizing the Government (see Section 2.a.).
    Time in detention before trial counted toward time served if 
convicted. Bail was available and usually was low and more equivalent 
to a fine.
    The Penal Code includes the concept of ``dangerousness,'' defined 
as the ``special proclivity of a person to commit crimes, demonstrated 
by his conduct in manifest contradiction of socialist norms.'' If the 
police decide that a person exhibits signs of dangerousness, they may 
bring the offender before a court or subject him to therapy or 
political reeducation. Government authorities regularly threatened 
prosecution under this provision. Both the U.N. Commission on Human 
Rights (UNCHR) and the IACHR criticized this tactic for its 
subjectivity, the summary nature of the judicial proceedings employed, 
the lack of legal safeguards, and the political considerations behind 
its application. According to the IACHR, the so-called special 
inclination to commit crimes referred to in the Penal Code amounted to 
a subjective criterion used by the Government to justify violations of 
individual freedoms and due process for persons whose sole crime was to 
hold a view different from the official view.
    The Government also used exile as a tool for controlling and 
eliminating internal opposition. In May Amnesty International noted 
that the Government detained human rights activists repeatedly for 
short periods and threatened them with imprisonment unless they gave up 
their activities or left the country. The Government used these 
incremental, aggressive tactics to compel independent librarian Ramon 
Humberto Colas and Maritza Lugo Fernandez, vice president of the 
Democratic November 30 Party, to leave the country in December 2001 and 
January, respectively.
    The Government pressured imprisoned human rights activists and 
political prisoners to apply for emigration and regularly conditioned 
their release on acceptance of exile. Human Rights Watch observed that 
the Government routinely invoked forced exile as a condition for 
prisoner releases and also pressured activists to leave the country to 
escape future prosecution. Amnesty International expressed particular 
concern about the Government's practice of threatening to charge, try, 
and imprison human rights advocates and independent journalists prior 
to arrest or sentencing if they did not leave the country. According to 
Amnesty International, this practice ``effectively prevents those 
concerned from being able to act in public life in their own country.''

    e. Denial of Fair Public Trial.--The Constitution provides for 
independent courts; however, it explicitly subordinates the courts to 
the ANPP and the Council of State, which is headed by President Castro. 
The ANPP and its lower level counterparts choose all judges. The 
subordination of the courts to the Communist Party, which the 
Constitution designates as the superior directive force of society and 
the State, further compromises the judiciary's independence. The courts 
undermined the right to a fair trial by restricting the right to a 
defense and often failed to observe the few due process rights 
available to defendants.
    Civilian courts existed at the municipal, provincial, and supreme 
court levels. Panels composed of a mix of professionally certified and 
lay judges presided over them. There was a right to appeal, access to 
counsel, and charges were known to the defendant. Defendants enjoyed a 
presumption of innocence, but the authorities often ignored this right 
in practice.
    Military tribunals assumed jurisdiction for certain 
counterrevolutionary cases and were governed by a special law. The 
military tribunals processed civilians if a member of the military was 
involved with civilians in a crime. There was a right to appeal, access 
to counsel, and the charges were known to the defendant.
    The law and trial practices did not meet international standards 
for fair public trials. Almost all cases were tried in less than 1 day; 
there were no jury trials. While most trials were public, trials were 
closed when there were alleged violations of state security. 
Prosecutors may introduce testimony from a CDR member about the 
revolutionary background of a defendant, which may contribute to either 
a longer or shorter sentence. The law recognizes the right of appeal in 
municipal courts but limits it in provincial courts to cases such as 
those involving maximum prison terms or the death penalty. Appeals in 
capital cases are automatic. The Council of State ultimately must 
affirm capital punishment.
    Criteria for presenting evidence, especially in cases involving 
human rights advocates, were arbitrary and discriminatory. Often the 
sole evidence provided, particularly in political cases, was the 
defendant's confession, usually obtained under duress and without the 
legal advice or knowledge of a defense lawyer (see Section 1.c.). The 
authorities regularly denied defendants access to their lawyers until 
the day of the trial. Several dissidents who served prison terms 
reported that they were tried and sentenced without counsel and were 
not allowed to speak on their own behalf.
    The law provides the accused with the right to an attorney, but the 
control that the Government exerted over the livelihood of members of 
the state-controlled lawyers' collectives compromised their ability to 
represent clients, especially when they defended persons accused of 
state security crimes. Attorneys reported reluctance to defend those 
charged in political cases due to fear of jeopardizing their own 
careers.
    On January 30, the Havana Provincial Court sentenced activist 
Carlos Oquendo Rodriguez to 2 years' imprisonment for ``contempt for 
authority'' and ``public disorder.'' The provincial court confirmed the 
sentence levied against Oquendo Rodriguez by a municipal court in 2001 
and appealed by him to the provincial court. Prior to sentencing, 
police officials offered to suspend Oquendo Rodriguez' sentence if he 
recanted his political beliefs, but Oquendo Rodriguez refused.
    On August 2, a municipal court sentenced human rights activist 
Adolfo Lazaro Bosq to 1 year and 9 months' imprisonment for 
``resistance and contempt against the revolutionary process.'' Bosq was 
arrested on July 24 at a candlelight vigil for political prisoners (see 
Section 1.d.).
    Vladimiro Roca Antunez of the Internal Dissident Working Group was 
released on May 5, after serving most of his 5-year sentence for a 1997 
conviction for acts against the security of the State in relation to 
the crime of sedition after the group peacefully expressed their 
disagreement with the Government. Three other members received 
conditional releases in 2000.
    Human rights monitoring groups inside the country estimated the 
number of political prisoners to be between 230 and 300 persons. At 
year's end, the CCHRNC reported that 36 political prisoners had been 
arrested and that there were 248 political prisoners in the country; at 
the end of 2001, the CCHRNC had reported 240 political prisoners. The 
CCHRNC noted that since the Government refused to publish the number of 
prisoners in the country, its figures were based on information 
obtained from family members of prisoners. A spokesperson for the 
CCHRNC noted an end to a recent downward trend in the numbers of 
political prisoners, with an increase in detentions in February and 
March (see Section 1.d.). The authorities imprisoned persons on charges 
such as disseminating enemy propaganda, illicit association, contempt 
for the authorities (usually for criticizing President Castro), 
clandestine printing, or the broad charge of rebellion, which often was 
brought against advocates of peaceful democratic change. The Government 
did not permit access to political prisoners by human rights 
organizations. It continued to deny access to prisoners by the ICRC.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--Although the Constitution provides for the 
inviolability of a citizen's home and correspondence, official 
surveillance of private and family affairs by government-controlled 
mass organizations, such as the CDRs, remained one of the most 
pervasive and repressive features of daily life. The State assumed the 
right to interfere in the lives of citizens, even those who did not 
oppose the Government and its practices actively. The authorities 
utilized a wide range of social controls. The mass organizations' 
ostensible purpose was to improve the citizenry, but in fact their goal 
was to discover and discourage nonconformity. Citizen participation in 
these mass organizations declined; the economic crisis both reduced the 
Government's ability to provide material incentives for their 
participation and forced many persons to engage in black market 
activities, which the mass organizations were supposed to report to the 
authorities.
    The Interior Ministry employed an intricate system of informants 
and block committees (the CDRs) to monitor and control public opinion. 
While less capable than in the past, CDRs continued to report on 
suspicious activity, including conspicuous consumption; unauthorized 
meetings, including those with foreigners; and defiant attitudes toward 
the Government and the revolution.
    The Government controlled all access to the Internet, and all 
electronic mail messages were subject to censorship. Dial-up Internet 
service was prohibitively expensive for most citizens. The Interior 
Ministry's Department of State Security often read international 
correspondence and monitored overseas telephone calls and conversations 
with foreigners. The Government also monitored domestic phone calls and 
correspondence. The Government sometimes denied telephone service to 
political dissidents. Cell phones were generally not available to 
average citizens.
    Dolia Leal Francisco of the Cuban Institute of Independent 
Economists reported that state security officials pressured her local 
CDR to deny her home telephone service because of her 
``counterrevolutionary activities.'' State security officials 
threatened to terminate telephone service of Leal Francisco's neighbors 
if they allowed her to use their phones. A CDR member and a state 
security agent warned one neighbor that she would lose her job and that 
her daughter's education would be affected if she allowed Leal 
Francisco access to a telephone.
    On February 8, state security officials threatened to evict 
activist Adonis Castro Martinez from his home, which he had rented for 
4 years from his employer, the Ministry of Health, because he had used 
the home for meetings of the Cuban Pro Human Rights Party Affiliated 
with the Andrei Sakharov Foundation (see Section 2.b.).
    In late March, police instructed a neighbor of independent labor 
organizers Luis Sergio Nunez and Gabriel Sanchez of the Independent 
National Labor Organization to report on any calls made by them from 
her telephone (see Section 6.b.).
    On April 22, police arrested Milka Pena Martinez of the Cuban Pro 
Human Rights Party for protesting a police search of her home (see 
Section 1.d.). Police claimed to be searching for an individual who did 
not live at that residence. Asked by Pena Martinez to produce a 
warrant, a police lieutenant wrote out a warrant on a blank sheet of 
paper. Police also arrested Luis Ferrer Garcia of the Christian 
Liberation Movement, who was present at the time of the search of Pena 
Martinez' home, and Ramon Collazo Almaguer, who led a group of 
dissidents to Pena Martinez' home to protest her arrest. All three were 
released after Pena Martinez was fined $80 (2,000 pesos) for being 
unable to explain the presence of a large quantity of flour in her 
home.
    On May 8, telephone service was cut to the home of Luis Octavio 
Garcia Gonzalez, spokesman for the Cuban Pro Human Rights Party 
Affiliated with the Andrei Sakharov Foundation. When service was 
restored, unknown persons made repeated calls to Garcia Gonzalez 
shouting revolutionary slogans.
    On May 17, police went to the home of Pedro Veliz, president of the 
Independent Medical School of Cuba, and instructed him to leave Havana 
for the day to prevent his attendance in ceremonies marking the 
founding of a prerevolutionary political party (see Section 2.b.). 
Veliz, along with his wife and children, were forced to leave their 
home and were followed by state security officials until they left the 
city.
    On June 2, the National Office for the Receipt of Information on 
Human Rights Violations in Cuba reported that workers at a popular 
cyber cafe had been instructed to review all outgoing e-mails and to 
track websites viewed by individual patrons.
    On June 19, state security officials threatened to block the 
university admission of the son of human rights activists Carmen Luz 
Figueredo and Sergio Gomez Fernandez because of their failure to sign a 
government petition making socialism an ``untouchable'' element of the 
Constitution. That same day, CDR officials warned independent 
journalist Carlos Serpa Maceira that his public refusal to sign that 
government petition threatened his 9-year-old daughter's future. In 
late June, directors of an agricultural cooperative in Camaguey 
province suspended food subsidies to cooperative member Jorge de Armas 
for failing to sign the Government petition (see Section 3).
    There were numerous credible reports of forced evictions of 
squatters and residents who lacked official permission to reside in 
Havana. For example, on June 1, police in Havana province arrived in 
the neighborhood of Buena Esperanza to remove persons from eastern Cuba 
living in the area without authorization. An unknown number of men were 
removed in trucks on that date, while women and children were given 72 
hours to depart (see Section 2.d.).

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution provides for 
citizens' freedoms of speech and press insofar as they ``conform to the 
aims of socialist society.'' This clause effectively bars free speech. 
In law and in practice, the Government did not allow criticism of the 
revolution or its leaders. Laws against antigovernment propaganda, 
graffiti, and disrespect of officials impose penalties between 3 months 
and 1 year in prison. If President Castro or members of the ANPP or 
Council of State were the objects of criticism, the sentence could be 
extended to 3 years. Charges of disseminating enemy propaganda, which 
included merely expressing opinions at odds with those of the 
Government, could bring sentences of up to 14 years. In the 
Government's view, such materials as the Universal Declaration of Human 
Rights, international reports of human rights violations, and 
mainstream foreign newspapers and magazines constituted enemy 
propaganda. Local CDRs inhibited freedom of speech by monitoring and 
reporting dissent or criticism. Police and state security officials 
regularly harassed, threatened, and otherwise abused human rights 
advocates in public and private as a means of intimidation and control.
    The Constitution states that print and electronic media are state 
property and can never become private property. The Communist Party 
controlled all media except for a few small church-run publications. 
Even the church-run publications, denied access to mass printing 
equipment, were subject to governmental pressure. Vitral magazine, a 
publication of the diocese of Pinar del Rio, continued to publish 
during the year.
    Citizens did not have the right to receive publications from 
abroad, although news stands in hotels for foreigners and certain hard 
currency stores sold foreign newspapers and magazines. The Government 
continued to jam the transmission of Radio Marti and Television Marti. 
Radio Marti broadcasts at times overcame the jamming attempts on short-
wave bands, but its medium-wave transmissions were blocked completely 
in Havana. Security agents subjected dissidents, foreign diplomats, and 
journalists to harassment and surveillance, including electronic 
surveillance.
    All legal media must operate under party guidelines and reflect 
government views. The Government attempted to shape media coverage to 
such a degree that it not only exerted pressure on domestic journalists 
but also pressured groups normally outside the official realm of 
control, such as visiting international correspondents.
    The 1999 Law to Protect National Independence and the Economy 
outlaws a broad range of activities that undermine state security and 
toughens penalties for criminal activity. Under the law, anyone 
possessing or disseminating literature deemed subversive, or supplying 
information that could be used by U.S. authorities in the application 
of U.S. legislation, may be subject to fines and prison terms of 7 to 
20 years. While many activities between citizens and foreigners 
possibly could fall within the purview of this law, it appeared to be 
aimed primarily at independent journalists; however, no one has been 
tried under this law.
    The Government continued to threaten independent journalists, 
either anonymously or openly, with arrests and convictions based on the 
1999 law. Some journalists were threatened repeatedly since the law 
took effect. Independent journalists noted that the law's very 
existence affected their activities and increased self-censorship, and 
some said that it was the Government's most effective tool to harass 
members of the independent press.
    The Government continued to subject independent journalists to 
internal travel bans; arbitrary and periodic detentions (overnight or 
longer); harassment of family and friends; seizures of computers, 
office, and photographic equipment; and repeated threats of prolonged 
imprisonment (see Sections 1.d., 1.f., and 2.d.). Independent 
journalists in Havana reported that threatening phone calls and 
harassment of family members continued during the year. Dozens of 
reporters were detained repeatedly. The authorities also placed 
journalists under house arrest to prevent them from reporting on 
conferences sponsored by human rights activists, human rights events, 
and court cases against activists. Independent journalists reported 
that detentions, threats, and harassment were more severe in the 
provinces than in the capital. Amnesty International, Human Rights 
Watch, the Inter-American Press Association, Reporters Without Borders 
(RSF), and the Committee to Protect Journalists repeatedly called 
international attention to the Government's continued practice of 
detaining independent journalists and others simply for exercising 
their right to free speech. In addition, police increasingly tried to 
prevent independent journalists from covering so-called sensitive 
events (see Section 1.d.).
    On February 24, state security officials arrested independent 
journalist Carlos Alberto Dominguez for participating in a 
commemoration of the four civilian pilots killed in February 1996 by 
military aircraft (see Section 1.d.).
    On February 28, police beat a British and an Italian journalist as 
they were filming asylum seekers breaking into the Mexican Embassy (see 
Section 1.d.). Castro ordered an investigation into the beating of the 
pair, and the Foreign Minister apologized to both journalists for their 
mistreatment.
    On March 4, state security officials arrested independent 
journalist Carlos Brizuela Yera while he and nine other activists were 
protesting the earlier beating of an independent journalist during 
which police beat and arrested blind dissident Juan Carlos Gonzalez 
Leyva (see Section 1.d.). In August prosecutors charged Brizuela with 
``public disorder, contempt for authority, resistance, and 
disobedience.'' He had not been tried by year's end and remained in 
jail.
    On March 5, RSF protested the detention of independent journalists 
Jesus Alvarez Castillo, Lexter Tellez Castro, Carlos Brizuela Yara, 
Normando Hernandez, and Juan Basulto Morell in various incidents. RSF 
requested that Interior Minister General Abelardo Colome punish the 
authorities responsible for the arrests. At year's end, the Government 
had not responded to that request.
    On June 7, a state security official threatened to arrest the 
president of the Independent Human Rights Center in Santiago de Cuba if 
he did not cease providing information to foreign radio stations.
    On June 14, state security officials beat and arrested independent 
journalist Carlos Serpa Maceira while he was covering a march by human 
rights activists on the Isle of Youth (see Section 1.d.).
    In October the authorities seized material from a French journalist 
departing the country, according to RSF.
    In December RSF released a report ``Cuba, where news is the 
exclusive reserve of the State,'' which criticized the complete absence 
of freedom of the press. RSF also described the constant harassment of 
independent journalists and the prison conditions faced by independent 
journalists jailed for trying to practice their profession (see Section 
1.c.).
    In February 2001, Edel Garcia, director of the Central Norte del 
Pais press agency, was detained for 12 hours to prevent him from 
participating in the commemoration of two planes that were shot down by 
military aircraft in international airspace in 1996. At year's end, 
Garcia was not in detention, and his trial on charges of collaborating 
with the enemy, providing information to Radio Marti, and conspiracy to 
commit crimes and espionage remained pending.
    Jesus and Jadir Hernandez of Havana-Press were charged with 
trafficking in illegal migrants and collaboration with a foreign 
mission in 2000; their trial was pending at year's end.
    During the year, at least five independent journalists were denied 
the right to emigrate, including Manuel Vazquez Portal, Edel Morales, 
Jorge Olivera, Dorka Cespedes, and Normando Hernandez.
    The authorities often confiscated equipment when arresting 
journalists, particularly photographic and recording equipment. It was 
possible to buy a fax machine or computer, payable in dollars; if a 
receipt could be produced, the equipment usually was not confiscated. 
However, police seized a telephone and fax machine from independent 
journalist Angel Pablo Polanco despite the fact that he demonstrated 
proof of purchase in the country for both items (see Section 1.d.). 
Photocopiers and printers either were impossible to find on the local 
market or were not sold to individuals, which made them a particularly 
valuable commodity for journalists.
    Resident foreign correspondents reported that the very high level 
of government pressure experienced since 2000, including official and 
informal complaints about articles, continued throughout the year. The 
Government exercised its ability to control members of the resident 
foreign press by requiring them to obtain a government exit permit each 
time they wished to leave the country.
    Distribution of information continued to be controlled tightly. 
Importation of foreign literature was controlled, and the public had no 
access to foreign magazines or newspapers. Leading members of the 
Government asserted that citizens did not read foreign newspapers and 
magazines to obtain news because they did not speak English and had 
access to the daily televised round tables on issues with which they 
needed to concern themselves. The Government sometimes barred 
independent libraries from receiving materials from abroad and seized 
materials donated by foreign diplomats.
    The Government controlled all access to the Internet, and all 
electronic mail messages were subject to censorship. Access to 
computers and peripheral equipment was limited, and the Internet only 
could be accessed through government-approved institutions. Dial-up 
access to government-approved servers was prohibitively expensive for 
most citizens. E-mail use grew slowly as the Government allowed access 
to more users; however, the Government generally controlled its use, 
and only very few persons or groups had access. The Government opened a 
national Internet gateway to some journalists, artists, and municipal-
level youth community centers, but the authorities continued to 
restrict the types and numbers of international sites that could be 
accessed.
    The Government officially prohibits all diplomatic missions in 
Havana from printing or distributing publications, particularly 
newspapers and newspaper clippings, unless these publications 
exclusively address conditions in a mission's home country and prior 
government approval is received. Many missions did not accept this 
requirement and distributed materials; however, the Government's 
threats to expel embassy officers who provided published materials had 
a chilling effect on some missions.
    The Government restricted literary and academic freedoms and 
continued to emphasize the importance of reinforcing revolutionary 
ideology and discipline over any freedom of expression. The educational 
system taught that the State's interests took precedence over all other 
commitments. Academics and other government officials were prohibited 
from meeting with some diplomats without prior approval from the 
Ministry of Foreign Affairs. The Ministry of Education required 
teachers to evaluate students' and their parents' ideological character 
and to place such evaluations in school records. These reports directly 
affected students' educational and career prospects. As a matter of 
policy, the Government demanded that teaching materials for courses 
such as mathematics or literature have an ideological content. 
Government efforts to undermine dissidents included denying them 
advanced education and professional opportunities. President Castro 
stated publicly that the universities were available only to those who 
shared his revolutionary beliefs.
    Artistic expression was less restricted. The Government encouraged 
the cultural community to attain the highest international standards in 
order to sell its work overseas for hard currency. However, in 2000 the 
Government began implementing a program called ``Broadening of 
Culture'' that tied art, socialism, and modern ``revolutionary'' 
ideology and legends into its own vision of culture. The Government 
used the Government media and the schools to impose this vision on the 
public, particularly the youth.

    b. Freedom of Peaceful Assembly and Association.--Although the 
Constitution grants limited rights of assembly and association, these 
rights are subject to the requirement that they may not be ``exercised 
against the existence and objectives of the Socialist State.'' The law 
punishes any unauthorized assembly of more than three persons, 
including those for private religious services in private homes, by up 
to 3 months in prison and a fine. The authorities selectively enforced 
this prohibition and often used it as a legal pretext to harass and 
imprison human rights advocates.
    The Government's policy of selectively authorizing the Catholic 
Church to hold outdoor processions at specific locations on important 
feast days continued during the year. On September 8, the Government 
permitted for the fifth consecutive year a procession in connection 
with Masses in celebration of the feast day of Our Lady of Charity in 
Havana. A number of activists participated in the procession. Police in 
Santiago de Cuba warned several dissidents in that city not to attend a 
procession for Our Lady of Charity (see Section 2.c.). There were no 
reports that processions were denied permits during the year.
    The authorities never have approved a public meeting by a human 
rights group and often detained activists to prevent them from 
attending meetings, demonstrations, or ceremonies (see Section 1.d.). 
Asked by a foreign correspondent in October whether his government 
obstructed demonstrations, President Castro responded that he had ``no 
need to control what does not occur.'' There were unapproved meetings 
and demonstrations, which the Government frequently disrupted or 
attempted to prevent. The authorities sometimes used or incited 
violence against peaceful demonstrators.
    On December 10, the authorities monitored, but did not block, a 
commemoration of International Human Rights Day by more than 50 persons 
at the home of dissident Martha Beatriz Roque. Police did not impede 
similar activities at the home of dissident Odilia Collazos and other 
sites throughout the country. Roque reported that 1,300 people across 
the country participated in commemorations, most of which the 
Government monitored but did not obstruct. However, police arrested 
Rogelio Menendez and two others in Havana to prevent their 
participation in December 10 ceremonies (see Section 1.d.).
    In February state security officials threatened to evict an 
activist from his home because he had used the home for meetings of the 
Cuban Pro Human Rights Party Affiliated with the Andrei Sakharov 
Foundation (see Section 2.b.). Also in February, state security 
officers detained prodemocracy activists in different parts of the 
country to prevent them from staging activities commemorating the 1996 
shooting down of two civilian aircraft in international airspace (see 
Sections 1.d. and 2.a.).
    On March 13, police arrested seven human rights activists in Nueva 
Gerona, Isle of Youth, as they conducted a public demonstration calling 
for democratic reforms and the release of political prisoners (see 
Section 1.d.). Police beat the activists as they were conducting a 
silent march and took them to a local police station. They were fined 
and released.
    On March 18, state security officials arrested four leaders of the 
Brotherhood of Blind Cubans to prevent a demonstration against police 
mistreatment of handicapped street vendors and to call for the release 
of blind dissident Juan Carlos Gonzalez Leyva (see Sections 1.c. and 
5). Police released the four after issuing them ``official warnings.'' 
Earlier, on March 4, police arrested protesters at the public hospital 
in Ciego de Avila.
    On April 1, police called Alberto Fernandez Silva and Humberto 
Echevarria Herrera of the Cuban Pro Human Rights Party Affiliated with 
the Andrei Sakharov Foundation to a local police station to warn them 
that they would be imprisoned if their organization did not cease all 
meetings, masses, and vigils.
    On April 17, police arrested Barbaro Vela Coego and Armando 
Dominguez Gonzalez, president and vice president, respectively, of the 
January 6 Civic Movement, to prevent their attendance at a fast in 
honor of political prisoners. They were held for 2 hours and released 
(see Section 1.d.).
    On May 17, police went to the home of Pedro Veliz, president of the 
Independent Medical School of Cuba, and instructed him to leave Havana 
to prevent his attendance at ceremonies marking the anniversary of a 
prerevolutionary political party (see Section 1.f.).
    On May 25, police beat and arrested four members of the Cuban Pro 
Human Rights Party Affiliated with the Andrei Sakharov Foundation who 
were on their way to a Mass in honor of a dissident figure (see Section 
2.c.). The four were searched, threatened with imprisonment, fined, and 
released.
    On June 1, police arrested nine activists as they departed a human 
rights course at the Culture and Democracy Institute in Santiago de 
Cuba (see Section 1.d.). They were interrogated and released on June 2.
    On June 7, police forcefully removed 17 persons from the home of 
activist Migdalia Rosado Hernandez, where the group was commemorating 
the second anniversary of the Tamarindo 34 hunger strike. The police 
took 14 persons far from their homes and abandoned them by the 
roadside. Three others were fined and released.
    On June 24, police blocked access to the home of activist Francisco 
Moure Saladriga to prevent a meeting of members of the Cuban Human 
Rights Party scheduled for that day.
    In July state security officials in Santiago de Cuba warned 
activists Evelio Manteira Barban, Orestes Alberto Alvarez, Manuel de 
Jesus Nario, Joaquin Jimenez Hernandez, and Carlos Jimenez Cespedes 
that they would be beaten and arrested if they held events 
commemorating the sinking of the ``13th of March'' tugboat.
    In early August, state security officials warned opposition 
activists who were planning protests to coincide with the eighth 
anniversary of the antigovernment riot that took place in Havana on 
August 5, 1994 that they would be jailed if they participated in such 
events. Independent journalist Angel Pablo Polanco and activists 
Rogelio Menendez Diaz and Marcel Valenzuela Salt were arrested on 
suspicion that they were organizing protests for August 5 (see Section 
1.d.).
    On September 7, state security officials in Santiago de Cuba warned 
Orestes Alberto Alvarez Vega not to attend a Mass in honor of Our Lady 
of Charity (see Section 2.c.).
    The Government organized marches on May Day and held a rally, 
``Tribuna Abierta,'' every Saturday in a different municipality in the 
country. There was both radio and television coverage of the weekly 
rally.
    The Government generally denied citizens the freedom of 
association. The Penal Code specifically outlaws illegal or 
unrecognized groups. The Minister of Justice, in consultation with the 
Interior Ministry, decides whether to give organizations legal 
recognition. The authorities never have approved the existence of a 
human rights group. However, there were a number of professional 
associations that operated as NGOs without legal recognition, including 
the Association of Independent Teachers, the Association of Independent 
Lawyers (Agramonte), the Association of Independent Architects and 
Engineers, and several independent journalist organizations.
    Recognized churches (see Section 2.c.), the Roman Catholic 
humanitarian organization Caritas, the Masonic Lodge, small human 
rights groups, and a number of nascent fraternal or professional 
organizations were the only associations outside the control or 
influence of the State, the Communist Party, and their mass 
organizations. With the exception of the Masons, who had been 
established in the country for more than a century, the authorities 
continued to ignore those groups' applications for legal recognition, 
thereby subjecting members to potential charges of illegal association. 
All other legally recognized NGOs were affiliated at least nominally 
with or controlled by the Government.

    c. Freedom of Religion.--The Constitution recognizes the right of 
citizens to profess and practice any religious belief within the 
framework of respect for the law; however, in law and in practice, the 
Government continued to restrict freedom of religion. In general, 
unregistered religious groups continued to experience various degrees 
of official interference, harassment, and repression. The Government's 
main interaction with religious denominations was through the Office of 
Religious Affairs of the Communist Party. The Ministry of Interior 
engaged in active efforts to control and monitor the country's 
religious institutions, including through surveillance, infiltration, 
and harassment of religious professionals and practitioners. The 
Government's policy of permitting apolitical religious activity to take 
place in government-approved sites remained unchanged; however, 
citizens worshiping in officially sanctioned churches often were 
subjected to surveillance by state security forces, and the 
Government's efforts to maintain a strong degree of control over 
religion continued.
    The Constitution provides for the separation of church and State. 
In 1991 the Government allowed religious adherents to join the 
Communist Party. A 1992 constitutional amendment prohibits religious 
discrimination and removed references to ``scientific materialism,'' 
(i.e., atheism) as the basis for the State. Members of the armed forces 
did not attend religious services in uniform, probably to avoid 
possible reprimand by superiors.
    The Government requires churches and other religious groups to 
register with the provincial registry of associations within the 
Ministry of the Interior to obtain official recognition. In practice 
the Government refused to recognize new denominations; however, the 
Government tolerated some religions on the island, such as the Baha'i 
Faith. Unregistered religious groups were subject to official 
interference, harassment, and repression. The Government, with 
occasional exceptions, prohibited the construction of new churches, 
forcing many growing congregations to violate the law and meet in 
private homes. In October the Government authorized the Greek Orthodox 
Church to build a church in Havana.
    Government harassment of private houses of worship continued, with 
evangelical denominations reporting evictions from houses used for 
these purposes. According to the Cuban Council of Churches (CCC) 
officials, most of the private houses of worship that the Government 
closed were unregistered, making them technically illegal. In addition, 
CCC Pentecostal members complained about the preaching activities of 
foreign missionaries that led some of their members to establish new 
denominations without obtaining the required permits. Because of these 
complaints by the Pentecostals, the CCC formally requested overseas 
member church organizations to assist them in dissuading foreign 
missionaries from establishing Pentecostal churches.
    In 1998 following Pope John Paul II's visit, the country's Roman 
Catholic bishops called on the Government to recognize the Catholic 
Church's role in civil society and the family, as well as in the 
temporal areas of work, the economy, the arts, and the scientific and 
technical worlds. The Government continued to limit the Catholic 
Church's access to the media and to the Internet and refused to allow 
the Catholic Church to have a legal independent printing capability. It 
maintained a prohibition against the establishment of religious-
affiliated schools.
    In September local government authorities, for the fifth 
consecutive year, allowed the Catholic Church to hold an outdoor 
procession to mark the feast day of Our Lady of Charity in Havana (see 
Section 2.b.). Although visibly present, state security personnel did 
not harass any participants or observers as they did in 1998. However, 
in Santiago, prior to the procession, security police ordered a number 
of human rights activists not to attend the procession.
    In 1998 the Government announced that henceforth citizens would be 
allowed to celebrate Christmas as an official holiday. (The holiday had 
been cancelled, ostensibly to spur the sugar harvest, in 1969 and 
restored in 1997 as part of the preparations for the Pope's 1998 
visit.) However, the Government maintained a 1995 decree prohibiting 
nativity scenes in public buildings.
    The Government allowed 9 priests and 12 nuns to enter the country 
to replace other priests and nuns whose visas had expired. The 
applications of 60 priests and other religious workers remained pending 
at year's end.
    In the past several years, the Government relaxed restrictions on 
some religious denominations, including Seventh-day Adventists and 
Jehovah's Witnesses. Jehovah's Witnesses, once considered ``active 
religious enemies of the revolution,'' were allowed to proselytize 
door-to-door and generally were not subjected to overt government 
harassment, although there were sporadic reports of harassment by local 
Communist Party and government officials.
    Education is secular, and no religious educational institutions are 
allowed. There were no reports that parents were restricted from 
teaching religion to their children.
    The Government continued to prevent any national or joint 
enterprise (except those with specific authorization) from selling 
computers, fax machines, photocopiers, or other equipment to any church 
at other than official--and exorbitant--retail prices. There was no 
restriction on the importation of religious literature and symbols if 
imported by a registered religious group in accordance with the proper 
procedures. In punishment cells, prisoners were denied access to 
reading materials, including Bibles (see Section 1.c.).
    The CCC continued to broadcast a monthly 15-minute program on a 
national classical music radio station on the condition that the 
program could not include material of a political character.
    State security officials visited some priests and pastors prior to 
significant religious events, ostensibly to warn them that dissidents 
were trying to ``use the Church''; however, some critics claimed that 
these visits were done in an effort to foster mistrust between the 
churches and human rights or prodemocracy activists. State security 
officers also regularly harassed human rights advocates who sought to 
attend religious services commemorating special feast days or before 
significant national days, sometimes entering churches and disrupting 
religious ceremonies.
    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 severely restricted 
freedom of movement. The Government generally did not impose legal 
restrictions on domestic travel; however, it limited migration to 
Havana, and initially restricted persons found to be HIV-positive to 
sanatoriums for treatment and therapy before conditionally releasing 
them into the community. For the past several years, state security 
officials prohibited human rights advocates and independent journalists 
from traveling outside their home provinces, and the Government also 
sentenced others to internal exile.
    On April 24, a local official in Puerto Padre, Las Tunas province, 
encouraged the expulsion of Alfredo Dominguez Batista, Rigoberto Pena 
Hernandez, and Hector Sanchez Garcia from that city for their 
activities in support of the Varela Project. The two men were harassed 
but were able to continue their work.
    In July state security officials prevented human rights activist 
Jose Manuel Rivas Medina of the Isle of Pines Human Rights Foundation 
from departing the Isle of Youth for meetings in Havana. On July 1, two 
state security agents prevented Rivas Medina from boarding a flight to 
Havana. The next day, the same officials prevented Rivas Medina from 
boarding a ferry and threatened to arrest him if he persisted in his 
efforts to visit Havana.
    Decree 217 prohibits persons in other provinces from moving into 
Havana on the grounds that if internal migration was left unchecked, 
the city's problems regarding housing, public transport, water, and 
electrical supplies would become worse; visits to the city were 
permissible. Police frequently checked the identification of persons on 
the streets, and if someone from another province was found living in 
Havana illegally, that person was fined $12 (300 pesos) and sent back 
home. Fines were $40 (1,000 pesos) for those who resided illegally in 
the neighborhoods of Old Havana and Cerro. Human rights observers noted 
that while the decree affected migration countrywide, it targeted 
individuals and families predominantly of African descent from the more 
impoverished eastern provinces.
    On June 1, police in Havana province entered the neighborhood of 
Buena Esperanza to remove persons from the eastern provinces living in 
the area without authorization. An unknown number of men were removed 
in trucks on that date, while women and children were given 72 hours to 
depart (see Section 1.d.).
    The Government imposed some restrictions on both emigration and 
temporary foreign travel. The Government allowed the majority of 
persons who qualified for immigrant or refugee status in other 
countries to depart; however, in certain cases the authorities delayed 
or denied exit permits, usually without explanation. Some denials 
involved professionals who tried to emigrate and whom the Government 
subsequently banned from working in their occupational fields. The 
Government refused permission to others because it considered their 
cases sensitive for political or state security reasons. Resolution 54 
denies exit permits to medical professionals until they have performed 
3 to 5 years of service in their profession after requesting permission 
to travel abroad. This regulation, normally applied to recent 
graduates, was not published officially and may have applied to other 
professionals as well.
    The Independent Human Rights Center in Santiago reported that the 
Government had denied exit permits to medical professionals Milagro 
Beaton Betancourt, Nayibe Sarda Sabatel, Angel Edmundo Fernandez 
Petell, Hector Arias, Raul Rizo, and Ariel Valverde Cuevas. The 
Government usually denied exit permits to the family members of doctors 
performing regional medical missions, a practice intended to discourage 
such personnel from seeking asylum or emigrating.
    In July immigration officials denied an exit permit to Elizardo 
Sanchez Santa Cruz to attend a human rights conference in Guatemala. 
Sanchez subsequently received an exit permit for a family visit.
    In July immigration officials withdrew authorization they had 
previously granted to independent librarian Gisela Delgado Sablon to 
receive a human rights award abroad.
    In September immigration officials informed Christian Liberation 
Movement leader Oswaldo Jose Paya Sardinas that he needed authorization 
from the Minister of Health before they would process his request for 
an exit permit. Paya is an X-ray equipment technician employed by a 
state company that falls under the authority of the Ministry of Health. 
After several months' delay and after pressure from foreign 
governments, the Government granted Paya an exit permit the day after 
unknown persons left threatening placards in front of his home. Paya 
had requested an exit permit to receive a human rights award abroad for 
his leadership of the Varela Project (see Section 3). On December 18, 
the European Parliament awarded Paya the Sakharov Prize for Freedom of 
Thought.
    In September immigration authorities informed dissident Vladimiro 
Roca that they had up to 30 days to determine whether they would issue 
an exit permit to ``people like him,'' apparently referring to his 
status as a released political prisoner, rather than the 15 days 
required for most applications. Roca requested an exit permit to 
receive a human rights award abroad. In December the Government 
formally denied Roca's request and refused to explain why his 
application had been rejected.
    On October 4, immigration officials denied independent economist 
Martha Beatriz Roque's request for an exit permit to travel to receive 
a human rights award abroad. Before denying her application, 
immigration officials forced Roque to return numerous times to produce 
documents--such as her ration card--not normally required for 
applications for temporary travel.
    In March 2001, immigration officials prevented independent 
journalist Oswaldo de Cespedes and his family from boarding their 
flight as political refugees. De Cespedes was informed that his exit 
permit had been canceled. A migration official later told him that the 
exit permit was canceled ``for interests of the State.'' His family was 
allowed to leave at a later date and de Cespedes was allowed to depart 
early in the year.
    The Government routinely denied exit permits to young men 
approaching the age of military service, and until they reached the age 
of 27, even when it authorized other family members to leave. However, 
in most of those cases approved for migration to the United States 
under the September 1, 1994, U.S.-Cuban migration agreement, the 
applicants eventually received exemption from obligatory service and 
were granted exit permits.
    The Government has a policy of denying exit permission for several 
years to relatives of individuals who successfully migrated illegally 
(e.g., merchant seamen who defected while overseas and sports figures 
who defected while on tours abroad).
    Migrants who travel to the United States must pay the Government a 
total of $600 per adult and $400 per child, plus airfare. These 
government fees for medical exam, passport, and exit visa--which must 
be paid in dollars--were equivalent to about 5 years of a professional 
person's accumulated peso salary and represented a significant 
hardship, particularly for political refugees who usually were 
marginalized and had no income. In 1996 the Government agreed to allow 
1,000 needy refugees to leave each year with reduced exit fees. 
However, after the first group of 1,000 in 1996, no further refugees 
were accorded reduced fees. At year's end, of the 1,259 persons pending 
travel, 23 approved refugees remained in the country because they were 
unable to pay government exit fees for themselves and their families.
    The Penal Code provides for imprisonment of up to 3 years or a fine 
of $12 to $40 (300 to 1,000 pesos) for unauthorized departures by boat 
or raft. The office of the U.N. High Commissioner for Refugees (UNHCR) 
stated that it regarded any sentence of more than 1 year for simple 
illegal exit as harsh and excessive. Under the terms of the May 2, 
1995, U.S.-Cuba Migration Accord, the Government agreed not to 
prosecute or retaliate against migrants returned from international or 
U.S. waters, or from the U.S. Naval Base at Guantanamo, after 
attempting to emigrate illegally if they had not committed a separate 
criminal offense.
    In 1994 the Government eased restrictions on visits by and 
repatriations of Cuban emigrants. Citizens who established residency 
abroad and who were in possession of government-issued permits to 
reside abroad may travel to the country without visas. Persons at least 
18 years of age are eligible to travel abroad and may stay abroad up to 
11 months. In 1995 the Government announced that emigrants who were 
considered not to have engaged in so-called hostile actions against the 
Government and who were not subject to criminal proceedings in their 
countries of residence could apply at Cuban consulates for renewable, 
2-year multiple-entry travel authorizations. However, in 1999 the 
Government announced that it would deny entry permits for emigrants who 
had left the country illegally after September 1994. It remained 
unclear whether the Government actually was implementing such a policy.
    The Constitution provides for the granting of asylum to individuals 
persecuted ``for their ideals or struggles for democratic rights 
against imperialism, fascism, colonialism, and neocolonialism; against 
discrimination and racism; for national liberation; for the rights of 
workers, peasants, and students; for their progressive political, 
scientific, artistic, and literary activities; and for socialism and 
peace.'' However, the Government has no formal mechanism to process 
asylum for foreign nationals. Nonetheless, the Government honors the 
principle of first asylum and provided it to a small number of persons. 
There was no information available on its use during the year.
    A total of 45 persons applied for refugee status during the year, 
of which 9 were approved; according to the UNHCR, there were 1,005 
refugees 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 do not have the legal right to change their government or 
to advocate change, and the Government retaliated systematically 
against those who sought peaceful political change. The Constitution 
proscribes any political organization other than the Communist Party. 
During the year, the Government amended the Constitution to restrict 
further citizens' rights to change the Government, making socialism the 
``irrevocable'' basis of the Constitution. While the Constitution 
provides for direct election of provincial, municipal, and ANPP 
members, the candidates for provincial and national office must be 
approved in advance by mass organizations controlled by the Government. 
In practice a small group of leaders, under the direction of President 
Castro, selected the members of the highest policy-making bodies of the 
Communist Party: The Politburo and the Central Committee.
    The authorities tightly controlled the selection of candidates and 
all elections for government and party positions. The candidacy 
committees were composed of members of government-controlled mass 
organizations such as the Confederation of Cuban Workers (CTC) and the 
CDRs and were responsible for selecting candidates, whose names then 
were sent to municipal assemblies that selected a single candidate for 
each regional seat in the ANPP. An opposition or independent candidate 
never has been allowed to run for national office.
    In January 1998, the Government held national elections in which 
601 candidates were approved to compete for the 601 seats in the 
National Assembly. According to the official state media, the 
candidates were voted in by more than 93 percent of the electorate. No 
candidates with views independent from or in opposition to the 
Government were allowed to run, and no views contrary to the Government 
or the Communist Party were expressed in the Government-controlled 
national media. The Government saturated the media and used government 
ministries, Communist Party entities, and mass organizations to urge 
voters to cast a ``unified vote'' where marking one box automatically 
selected all candidates on the ballot form. In practice the Communist 
Party approved candidates for all offices. A small minority of 
candidates did not belong formally to the Communist Party. The 
Communist Party was the only political party allowed to participate in 
the elections.
    Deputies in the National Assembly, delegates in the provincial 
assemblies, and members of the Council of State are elected during 
general elections every 5 years. Municipal elections are held every 2 
\1/2\ years to elect 14,686 local representatives to the municipal 
assemblies, the lowest level of the Government's structure. In October 
the Government held elections for local representatives to the 
municipal assemblies. Government newspapers reported that 95 percent of 
voters participated in the election, compared with 98 percent in 2000. 
Slightly less than 50 percent of those elected were incumbents, 22 
percent were women, and 6 percent of all candidates were between the 
ages of 16 and 30. The reports also claimed that nationwide the number 
of blank ballots remained steady at 2.8 percent and the number of 
annulled ballots decreased from 3 percent to 2.4 percent.
    Although not a formal requirement, in practice Communist Party 
membership was a prerequisite for high-level official positions and 
professional advancement.
    The Government rejected any change to the political system judged 
incompatible with the revolution and ignored and actively suppressed 
calls for democratic reform. On May 10, opposition organization All 
United (Todos Unidos) delivered a petition to the National Assembly 
proposing a five-point national referendum on political and economic 
reforms. This effort, known as the Varela Project and led by Christian 
Liberation Movement leader Oswaldo Paya, was based on Article 88 of the 
1976 Constitution, which permits citizens to propose legislation if 
such proposals are backed by at least 10,000 citizens; the Varela 
petition had 11,020 signatures. The Varela Project called for an end to 
limits on freedom of association, an amnesty for nonviolent political 
prisoners, reduced barriers to private enterprise, electoral reforms, 
and free elections within a year of the referendum. In an apparent 
effort to reject the Varela Project without publicly addressing it, the 
Government mobilized citizens to sign a petition making the socialist 
character of the Constitution ``untouchable.'' The Government claimed 
that 99.37 percent of eligible voters signed the Government petition 
requesting such a modification to the Constitution. The National 
Assembly unanimously passed the amendment making socialism the 
``irrevocable'' basis of the Constitution. The changes did not rescind 
the right of citizens to propose legislation, and Varela organizers 
continued to collect signatures in support of their proposal. 
Government officials harassed persons working in support of Project 
Varela, retaliated against some persons who signed that petition, and 
retaliated against some persons who did not sign the Government 
petition (see Section 1.f.).
    Government leadership positions continued to be dominated by men. 
There were no legal impediments to women voting, holding political 
office, or rising to political leadership; however, there were very few 
women or minorities in policymaking positions in the Government or the 
Party. There were 2 women in the 24-member Politburo and 18 in the 150-
member Central Committee. Women held 28 percent of the seats in the 
601-seat National Assembly. Although blacks and persons of African 
descent made up more than half the population, they held only six seats 
in the Politburo. The National Assembly was approximately 42 percent 
mulatto or mestizo, 40 percent white, 17 percent black, and 1 percent 
other.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government did not recognize any domestic human rights groups 
or permit them to function legally. The Government subjected domestic 
human rights advocates to intense intimidation, harassment, and 
repression. In violation of its own statutes, the Government refused to 
consider applications for legal recognition submitted by human rights 
monitoring groups (see Section 2.b.).
    Dissidents generally believed that most human rights organizations 
were infiltrated and subjected to constant surveillance. Activists 
believed that some of the dissidents were either state security 
officials or were persons attempting to qualify for refugee status to 
leave the country. It was a crime punishable by 8 to 15 years' 
imprisonment publicly to identify suspected state infiltrators.
    In its 1997 report, the IACHR examined measures taken by the 
Government and found that they did not ``comprise the bedrock of a 
substantive reform in the present political system that would permit 
the ideological and partisan pluralism implicit in the wellspring from 
which a democratic system of government develops.'' The IACHR 
recommended that the Government provide reasonable safeguards to 
prevent violations of human rights, unconditionally release political 
prisoners and those jailed for trying to leave the country, abolish the 
concept of dangerousness in the Penal Code, eliminate other legal 
restriction on basic freedoms, cease harassing human rights groups, and 
establish a separation of powers so that the judiciary no longer would 
be subordinate to political power (see Sections 1.c. and 1.e.).
    The Government steadfastly rejected international human rights 
monitoring. In 1992 the country's U.N. representative stated that the 
Government would not recognize the mandate of the U.N. Commission on 
Human Rights on Cuba and would not cooperate with the Special 
Rapporteur on Cuba, despite being a UNCHR member. This policy remained 
unchanged, and the Government refused even to acknowledge requests by 
the Special Rapporteur to visit the country. On April 19, the UNCHR 
passed a resolution that expressed concern about the human rights 
situation in the country and renewed the mandate of the Special 
Rapporteur on Cuba. At year's end, the Government had not allowed the 
Rapporteur to visit Cuba as required by the UNCHR resolution.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The country is a multiracial society with a black and mixed-race 
majority. The Constitution forbids discrimination based on race, sex, 
or national origin; however, evidence suggested that racial 
discrimination occurred frequently.

    Women.--Violent crime rarely was reported in the press, and there 
was no publicly available data regarding the incidence of domestic 
violence and rape; however, human rights advocates reported that 
violence against women was a problem. The law establishes strict 
penalties for rape, and the Government enforced the law; however, 
according to human rights advocates, the police did not act on cases of 
domestic violence.
    The 2000 report of the U.N. Special Rapporteur on Violence Against 
Women stated that most government officials did not view violence 
against women as prevalent; however, activists at the grassroots level 
were attuned to problems of violence affecting women. The Rapporteur 
urged the Government to take comprehensive steps to enhance the legal 
protection against violence against women and urged the adoption of 
legislation to address domestic violence and sexual harassment.
    Prostitution is legal for persons over 17 years of age; however, 
pandering or otherwise benefiting from prostitution is a felony. 
Prostitution increased greatly in recent years. Press reports indicated 
that tourists from various countries visited specifically to patronize 
inexpensive prostitutes. A government crackdown on prostitution that 
began in late 1998 initially had some effect, but prostitutes (known as 
``jineteras'') still were visible in Havana and other major cities 
during the year. Police obtained early success in their efforts by 
stationing officers on nearly every major street corner where tourists 
were present. Some street police officers were suspected of providing 
protection to the jineteras. Most observers believed that the 
Government clamped down on prostitution to combat the perception that 
the Government promoted sex tourism. The Government set up centers to 
take prostitutes off the streets and reeducate them. The U.N. Special 
Rapporteur's report recommended that the Government dismantle the 
centers and find ``other mechanisms that do not violate the rights of 
the prostitutes.'' There was no information available regarding whether 
or not the Government dismantled these centers.
    The Family Code states that women and men have equal rights and 
responsibilities regarding marriage, divorce, raising children, 
maintaining the home, and pursuing a career. Women were subject to the 
same restrictions on property ownership as men. The law provides up to 
1 year of maternity leave and grants working mothers preferential 
access to goods and services. Approximately 40 percent of all women 
worked, and they were well represented in many professions. According 
to the Cuban Women's Federation (FMC), in 2000 women held 33 percent of 
managerial positions. The FMC also asserted that 11,200 women had 
received land parcels to cultivate, that more than 561,000 women had 
begun working as agricultural workers, and that women devoted 34 hours 
a week to domestic work, approximately the same number of hours they 
spent working outside the home.

    Children.--The Constitution provides that the Government protect 
family, maternity, and matrimony. It also states that children, 
legitimate or not, have the same rights under the law and notes the 
duties of parents to protect them. The law requires school attendance 
until the ninth grade, and this law generally was respected in 
practice. Education was free, but it was grounded in Marxist ideology. 
State organizations and schools were charged with the integral 
formation of children and youth. The national health care system 
covered all citizens.
    There was no societal pattern of abuse of children. Police officers 
who found children loitering in the streets or begging from tourists 
frequently intervened and tried to find the parents. If the child was 
found bothering tourists a second time, police frequently fined the 
child's parents. Child prostitution was a problem (see Section 6.f.).

    Persons with Disabilities.--The law prohibits discrimination based 
on disability, and there were few complaints of such discrimination.
    On March 18, state security officials arrested four leaders of the 
Brotherhood of Blind Cubans to prevent a demonstration that opposed 
police mistreatment of handicapped street vendors and that called for 
the release of blind dissident Juan Carlos Gonzalez Leyva (see Sections 
1.d. and 2.b.).
    In April the Government-affiliated National Association of the 
Blind expelled Tomas Arquimedes Quintana for violating the norms of the 
organization by ``acting in contradiction to the goals of a socialist 
state.'' Quintana is a member of the Cuban Human Rights Foundation and 
of the Independent Brotherhood of the Blind.
    There are no laws that mandate accessibility to buildings for 
persons with disabilities. In practice buildings and transportation 
rarely were accessible to persons with disabilities.

    National/Racial/Ethnic Minorities.--Many persons of African descent 
have benefited from access to basic education and medical care since 
the 1959 revolution, and much of the police force and army enlisted 
personnel is black. Nevertheless, racial discrimination often occurred 
and was acknowledged publicly by high governmental officials, including 
President Castro during remarks at the World Conference on Racism in 
South Africa. President Castro acknowledged that the revolution had not 
eradicated racism. There were numerous reports of disproportionate 
police harassment of black youths. Evictions, exacerbated by Decree 
217, primarily targeted individuals and families who migrated to Havana 
from the eastern provinces, which were traditionally areas of black or 
mixed-race populations (see Section 2.d.).

Section 6. Worker Rights

    a. The Right of Association.--The Constitution gives priority to 
state or collective needs over individual choices regarding free 
association or provision of employment. The demands of the economy and 
society took precedence over individual workers' preferences. 
Established official labor organizations had a mobilization function 
and did not act as trade unions, promote worker rights, or protect the 
right to strike. Such organizations were under the control of the State 
and the Communist Party, which also managed the enterprises for which 
the laborers worked. Because all legal unions were government entities, 
antiunion discrimination by definition did not exist.
    The Communist Party selects the leaders of the sole legal labor 
confederation, the Confederation of Cuban Workers, whose principal 
responsibility is to ensure that government production goals are met. 
Despite disclaimers in international forums, the Government explicitly 
prohibited independent unions, and none were recognized. There has been 
no change in conditions since the 1992 International Labor Organization 
(ILO) finding that the Government violated ILO norms on the freedom of 
association and the right to organize. Those who attempted to engage in 
unofficial union activities faced government harassment.
    Workers may lose--and many have lost--their jobs for their 
political beliefs, including their refusal to join the official union. 
Several small independent labor organizations were created but 
functioned without legal recognition and were unable to represent 
workers effectively or work on their behalf.
    On January 3, police arrested Milagros Zeneida Morales of the 
Independent Workers Labor Union on charges of recruiting members for a 
counterrevolutionary organization (see Section 1.d.).
    In late March, police instructed Lidia Rodriguez to report on any 
telephone calls made by independent labor organizers Luis Sergio Nunez 
and Gabriel Sanchez of the Independent National Labor Organization (see 
Section 1.f.).
    On June 27, a state security official informed labor activist 
Reinaldo Rodriguez Camejo that he would soon lose his job as a teacher 
at a technical institute. In late July, the institute cancelled his 2-
year contract and informed him that he would not be rehired.
    On July 1, state security officials ordered independent labor 
organizer Leodegario Jimenez Ojeda, president of the Independent 
Medical School in Santiago and a member of the Independent National 
Labor Confederation, to their office, where they interrogated him and 
accused him of participating in counterrevolutionary activities and 
having links to ``terrorists'' in Miami.
    In July the ILO's Committee on Freedom of Association cited several 
instances of government persecution of members of the Single Council of 
Cuban Workers and called on the Government to allow formation of 
independent trade unions.
    The CTC is a member of the Communist World Federation of Trade 
Unions.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining does not exist. The State Committee for Work and Social 
Security (CETSS) sets wages and salaries for the state sector, which is 
almost the only employer in the country. The law prohibits strikes; 
none were known to have occurred. The 1995 Foreign Investment Law 
denies workers the right to contract directly with foreign companies 
investing in the country without special government permission. 
Although a few firms managed to negotiate exceptions, the Government 
required foreign investors to contract workers through state employment 
agencies, which were paid in foreign currency and, in turn, paid 
workers very low wages in pesos. Typically workers received 5 percent 
of the salary paid by the companies to the State. Workers subcontracted 
by state employment agencies must meet certain political 
qualifications. According to Minister of Basic Industry Marcos Portal, 
the state employment agencies consulted with the Party, the CTC, and 
the Union of Communist Youth to ensure that the workers chosen 
``deserved'' to work in a joint enterprise.
    There were no functioning export processing zones, although the law 
authorizes the establishment of free trade zones and industrial parks.

    c. Prohibition of Forced or Bonded Labor.--Neither the Constitution 
nor the Labor Code prohibits forced or bonded labor. The Government 
maintained correctional centers where it sent persons for crimes such 
as dangerousness. Prisoners held there were forced to work on farms or 
building sites; for example, doing construction, agricultural work, or 
metal working. The authorities often imprisoned internees who did not 
cooperate.
    The Government employed special groups of workers, known as 
``microbrigades,'' who were reassigned temporarily from their usual 
jobs to work on special building projects. These microbrigades were 
increasingly important in the Government's efforts to complete tourist 
and other priority projects. Workers who refused to volunteer for these 
jobs often risked discrimination or job loss. Microbrigade workers 
reportedly received priority consideration for housing assignments. The 
military assigned some conscripts to the Youth Labor Army, where they 
served a 2-year military service requirement working on farms that 
supplied both the armed forces and the civilian population.
    The Government prohibits forced and bonded labor by children; 
however, the Government required children to work without compensation. 
All students over age 11 were expected to devote 30 to 45 days of their 
summer vacation to farm work, laboring up to 8 hours per day. The 
Ministry of Agriculture used ``voluntary labor'' by student work 
brigades extensively in the farming sector. According to school rules, 
refusal to do agricultural work could affect the student's ability to 
continue studying at the institution.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The legal minimum working age is 17 years. However, the 
Labor Code permits the employment of 15- and 16-year-old children to 
obtain training or to fill labor shortages.

    e. Acceptable Conditions of Work.--The CETSS sets the minimum wage, 
which varies by occupation. For example, the minimum monthly wage for a 
maid was $6.60 (165 pesos); for a bilingual office clerk, $7.60 (190 
pesos); and for a gardener $8.65 (216 pesos). The Government 
supplemented the minimum wage with free education, subsidized medical 
care (daily pay is reduced by 40 percent after the third day of being 
admitted to a hospital), housing, and some food (this subsidized food 
is enough for about 1 week per month). However, even with these 
subsidies, the minimum wage did not provide a decent standard of living 
for a worker and family. Corruption and black market activities were 
pervasive. The Government rationed most basic necessities such as food, 
medicine, clothing, and cooking gas, which were in very short supply.
    The Government required foreign companies in joint ventures with 
state entities to hire and pay workers through the State (see Section 
6.b.). Human Rights Watch noted that the required reliance on state-
controlled employment agencies effectively left workers without any 
capacity directly to negotiate wages, benefits, the basis of 
promotions, or the length of the workers' trial period at the job with 
the employer. Foreign companies paid the Government as much as $500 to 
$600 per worker per month while the workers received only a small 
fraction of that in pesos from the Government.
    The standard workweek was 44 hours, with shorter workweeks in 
hazardous occupations, such as mining. The Government reduced the 
workday in some government offices and state enterprises to save 
energy.
    Workplace environmental and safety controls usually were 
inadequate, and the Government lacked effective enforcement mechanisms. 
Industrial accidents apparently were frequent, but the Government 
suppressed such reports. The Labor Code establishes that a worker who 
considers his life in danger because of hazardous conditions has the 
right not to work in his position or not to engage in specific 
activities until such risks are eliminated. According to the Labor 
Code, the worker remains obligated to work temporarily in whatever 
other position may be assigned him at a salary provided for under the 
law.

    f. Trafficking in Persons.--The Penal Code prohibits trafficking in 
persons through or from the country and provides for penalties for 
violations, including a term of 7 to 15 years' imprisonment for 
organizing or cooperating in alien smuggling through the country; 10 to 
20 years' imprisonment for entering the country to smuggle persons out 
of the country; and 20 years to life in prison for using violence, 
causing harm or death, or putting lives in danger in engaging in such 
smuggling. These provisions were directed primarily at persons engaging 
in organized smuggling of would-be emigrants. In addition, the revised 
code made it illegal to promote or organize the entrance of persons 
into or the exit of persons from the country for the purpose of 
prostitution; violators were subject to 20 to 30 years' imprisonment.
    Child prostitution was a problem, with young girls engaging in 
prostitution to help support themselves and their families. It is 
illegal for a person under 17 years of age to engage in prostitution. 
The police enforced this law during the year as part of a general 
crackdown on prostitution; however, the phenomenon continued as more 
cabarets and discos opened for the growing tourist industry, which made 
it easier for tourists to come into contact with child prostitutes.
                              ----------                              


                                DOMINICA

    Dominica is a multiparty, parliamentary democracy and a member of 
the Commonwealth of Nations. A prime minister, a cabinet, and a 
unicameral legislative assembly compose the Government. A president, 
nominated by the Prime Minister in consultation with the leader of the 
opposition party, and elected for a 5-year term by the Parliament, was 
head of state. The Prime Minister was Pierre Charles of the Dominica 
Labour Party (DLP), which prevailed in generally free and fair 
elections in January 2000, and which had a majority coalition in the 
Parliament. The judiciary was generally independent.
    The Dominica Police--the only security force--was controlled by and 
responsive to the democratically elected government. There were 
occasional allegations of abuse by the police.
    The country's primarily agrarian, market-based economy depended on 
earnings from banana exports, historically sold in the European market. 
The country has a population of approximately 72,000. Revenues from the 
banana industry were declining with the phase-out of its protected 
trade status with the European Union, and the Government's efforts to 
market the island as an ecotourism destination had mixed results. Faced 
with falling revenue, instead of making public sector cuts, the 
Government imposed new taxes and levies.
    The Government generally respected the human rights of its 
citizens; however, there were problems in several areas. Prison 
conditions were poor; violence against women and children was a 
problem; and there were instances of discrimination against indigenous 
Carib Indians and societal discrimination against female Caribs in 
mixed marriages. Dominica 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, but there were 
some complaints of use of excessive force by the police.
    The police had an Internal Affairs Department to investigate public 
complaints against the police and to provide counseling to police 
officers. The unit received 55 complaints during the year, of which 22 
alleged use of excessive force. Of these, the unit sent 4 to 
Magistrate's Court, issued 2 warnings, and dismissed 3 for lack of 
evidence; 13 cases were pending investigation or trial. During the 
year, several officers attended human rights training courses in 
Trinidad and other locations.
    Prison conditions were poor. Overcrowding and unsanitary conditions 
continued to be problems in the prison facility, which held 223 
prisoners at year's end. The prison provided work therapy, music and 
sports programs, educational opportunities, and counseling for inmates. 
Prisoners continued to complain about the poor quality of prison food; 
however, prison officials noted that prisoners have access to fresh 
pork from pigs raised at the prison. Pretrial detainees were housed 
with convicted prisoners, due to overcrowding and a lack of sufficient 
holding cells. Female prisoners were segregated from male prisoners, 
and juveniles were segregated from adult inmates.
    The Government permitted prison visits by independent human rights 
observers.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
requires that the authorities inform persons of the reasons for arrest 
within 24 hours after arrest and bring the detainee to court within 72 
hours. This requirement generally was honored in practice; however, if 
the authorities were unable to bring a detainee to court within the 
requisite period, the detainee could be released and rearrested later.
    The Constitution prohibits exile, and the Government did not use 
it.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and it was generally independent in practice.
    The judicial system is composed of a high court judge, 5 
magistrates, and 10 magistrate courts located in police stations around 
the country. Appeals can be made to the Eastern Caribbean Supreme Court 
and to the Privy Council in the United Kingdom.
    The law provides for public trial before an independent, impartial 
court. Criminal defendants were presumed innocent until proven guilty, 
were allowed legal counsel, and had the right to appeal. Courts 
provided free legal counsel to the indigent only in capital cases.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices; government 
authorities generally respected these prohibitions, 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 the 
right of free expression, and the Government generally respected this 
right in practice. The political opposition openly criticized the 
Government.
    The print media consisted of four private newspapers and political 
party journals; all published without censorship or government 
interference. The principal radio station was state-owned and had a 
government-appointed board. There was also an independent radio station 
owned by a private company. Citizens had access to independent news 
sources through cable television and radio reception from neighboring 
islands.
    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 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.
    Members of the Rastafarian community complained that law 
enforcement officials unfairly targeted them. However, it was not clear 
whether such complaints reflected discrimination on the basis of 
religious belief by the authorities or simply enforcement of laws 
against marijuana, which was used as part of Rastafarian religious 
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 may revoke passports if subversion is suspected but had not 
done so in the past several years.
    The Government had not formulated a policy regarding refugees, 
asylees, or first asylum. The issue of the provision of first asylum 
did not arise. There were no reports of 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 unicameral legislative assembly, called the 
House of Assembly, was composed of 21 parliamentary representatives and 
nine senators. The representatives were elected by popular vote. The 
President appoints the senators; five senators are chosen with the 
advice of the Prime Minister and four with the advice of the opposition 
leader. Elections must be held at least every 5 years, although the 
Prime Minister can call elections at any time.
    In January 2000, the Dominica Labour Party won 10 seats in 
generally free and fair elections, defeating the United Workers' Party 
(UWP) which had held power since 1995. DLP leader Roosevelt P. 
``Rosie'' Douglas forged a majority coalition of 13 seats out of the 21 
elected seats in Parliament, with the Dominican Freedom Party, holder 
of 2 seats, and 1 former UWP parliamentarian who changed party 
affiliation to join the DLP government. Douglas died in office in 
October 2000, and the former Minister of Communication and Works, 
Pierre Charles, became Prime Minister.
    There were no impediments in law or in practice to the 
participation of women in leadership roles in government or political 
parties. There were 6 women in the 30-seat legislature; 2 elected 
parliamentary representatives and 4 senators appointed by the 
President. There were no women in the Cabinet.
    There were no impediments in law or in practice to the 
participation of Carib Indians in national political life. The 
Parliamentary Representative for Indigenous People was a Carib Indian; 
he served concurrently as the Prime Minister's Parliamentary Secretary 
with responsibility for Carib affairs.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were no government restrictions on the formation of local 
human rights organizations, although no such groups existed. Several 
advocacy groups, such as the Association of Disabled People, the 
Dominican National Council of Women, and a women's and children's self-
help organization, operated freely and without government interference. 
There were no requests for investigations of human rights abuses from 
international or regional human rights groups.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution includes provisions against racial, sexual, and 
religious discrimination, which the authorities generally respected in 
practice.

    Women.--Domestic violence cases were common. Government and 
nongovernmental organizations (NGOs), including religious 
organizations, tried to address this problem. There was no family court 
to deal specifically with domestic violence issues. Women could bring 
charges against husbands for battery, and both the police and the 
courts prosecuted cases of rape and sexual assault, but there were no 
specific spousal abuse laws. All rape cases were handled solely by 
female police officers. The Department of Labor established a crisis 
response mechanism to assist women who were victims of domestic 
violence. The Welfare Department of the Ministry of Community 
Development assisted victims of abuse by finding temporary shelter, 
providing counseling to both parties, or recommending police action. 
The Welfare Department reported all cases of abuse to the police.
    In December 2001, a Protection Against Domestic Violence Act was 
enacted that allows abused persons to appear before a magistrate 
without an attorney and request a protective order. The court may also 
order that the alleged perpetrator be removed from the home in order to 
allow the victims, usually women and children, to remain in the home 
while the matter was being investigated. Police enforcement of 
protective orders increased after enactment of this act and after 
officers received training in dealing with domestic abuse cases. The 
Dominica National Council of Women, an NGO, taught preventive education 
about domestic violence and maintained a shelter where counseling and 
mediation services were available daily. Due to a shortage of funding, 
the organization could only permit persons to stay at the shelter for 
several days at a time; however, if needed, further housing was 
provided in private homes for up to 3 weeks. During the year, the 
Catholic Church held a domestic violence symposium attended by 
approximately 400 persons.
    Sexual harassment was a problem.
    While there was little open discrimination against women, property 
ownership continued to be deeded to ``heads of households,'' who were 
usually males. When the male head of household died without a will, the 
wife could not inherit the property or sell it, although she could live 
in it and pass it to her children. In the civil service, the law 
establishes fixed pay rates for specific jobs, whatever the gender of 
the incumbent. According to the Labor Department, many women in rural 
areas found it difficult to meet basic needs, at least in part owing to 
the decline in the banana export industry.

    Children.--The law stipulates that the Government should protect 
the rights of children to education and health care. Education was 
compulsory through the age of 16, and primary health care was available 
throughout the island.
    Various laws enumerate children's rights, but their enforcement was 
hampered by lack of staffing in government agencies. There were nine 
staff members in the social welfare office that handled all welfare 
problems, including complaints of child abuse. According to the Welfare 
Department, there were 189 cases of child abuse, compared with 155 in 
2001. There was an increase in the number of child abuse cases in the 
Carib reservation.
    Although the maximum sentence for sexual molestation (rape, incest) 
was 25 years' imprisonment, the normal sentence given was 5 to 7 years 
except in the case of murder. The age of consent for sexual relations 
is 16 years.

    Persons with Disabilities.--Beyond the general protection of the 
Constitution, there was no specific legislation to address problems 
facing persons with disabilities. However, the labor laws permit 
authorization of employment of a person with disabilities for less than 
the minimum wage, in order to increase opportunities for employment of 
such persons (see Section 6.e.). There was no requirement mandating 
access for those with disabilities.

    Indigenous Persons.--There was a significant Carib Indian 
population, estimated at 3,400 persons, most of whom lived on a 3,782-
acre reservation created in 1903 and expanded in 1997. About 65 percent 
of the Carib population were between the ages of 18 and 35. There was a 
three-person police station on the reservation; generally several of 
the police assigned there were Carib Indians. School, water, and health 
facilities available on the Carib reservation were rudimentary but 
similar to those available to other rural citizens; however, there was 
no secondary school on the reservation. Most Carib Indians engaged in 
farming, fishing, and handicrafts. Unemployment was believed to be 
higher than in rest of the country, while the average income was below 
the national average. The Government built a Heritage Village to 
showcase Carib culture; at year's end the buildings were complete, but 
it was not yet open to the public.
    The reservation is governed by the 1978 Carib Act. Carib Indians 
over the age of 18 who reside there were eligible to vote for the Chief 
and six members of the Council of Advisors (they also were eligible to 
vote in national elections). Separate elections for council members and 
the Chief were held every 5 years. According to the Carib Act, the 
Council must meet once a month, determine the Chief's itinerary, and 
publish council meeting agendas in the Government Gazette.
    Building permits for homes within the reservation were obtained 
from the Carib Council and were available only to Carib Indians. As a 
result, Carib women who were married to, or who lived with, non-Carib 
men were often advised to put the home in their names. Until 1979 the 
Carib Act allowed Carib men married to non-Carib women to continue 
living on the Carib reserve but dictated that Carib women married to 
non-Carib men had to move off the reservation. Although the law 
changed, practice was not yet in keeping with the law. An estimated 25 
percent of the Carib Indian population was believed to be in mixed 
marriages or relationships.
    One of the major issues facing the Carib Indians was the increasing 
encroachment on their territory by farmers, particularly on the 
southern side of the reservation. The 1903 land grant, on which the 
Carib Indians based their claim to the land, did not clearly delineate 
the reservation boundaries. Another issue for the Carib Indians was 
their difficulty in obtaining bank financing. As all land on the 
reservation was held communally, individuals were not able to pledge 
the land as collateral for loans.
    In June the Government ratified International Labor Organization 
(ILO) Convention No. 169, concerning indigenous and tribal people.

Section 6. Worker Rights

    a. The Right of Association.--All workers had the legal right to 
organize, to choose their representatives, and to strike. Unions 
represented less than 10 percent of the total work force, but 
approximately 55 percent of government workers were unionized. However, 
the banana, coconut, and citrus fruit industries as well as port 
services were deemed ``essential services,'' which effectively 
prohibited workers in these sectors from going on strike. The ILO 
considered this definition overly broad. The ILO repeatedly urged the 
Government to amend legislation so that restrictions on the right to 
strike would only be imposed in the case of services limited to those 
the interruption of which would endanger the life, personal safety, or 
health of the whole or part of the population, or in the case of an 
acute national crisis. The ILO noted that existing legislation made it 
possible to stop a strike by compulsory arbitration and empowered the 
Minister to refer disputes to compulsory arbitration if in his or her 
opinion it concerns serious issues. The Government did not take any 
action to amend this legislation.
    The law prohibits antiunion discrimination by employers, and 
judicial authorities enforced union rights. In addition, employers must 
reinstate workers fired for union activities. The law requires that 
employers recognize unions as bargaining agents once both parties have 
followed appropriate procedures. Department of Labor inspectors under 
the supervision of the Labor Commissioner enforce labor legislation, 
but the Labor Inspection Office lacked sufficient personnel to carry 
out its duties.
    All unions were independent of the Government. While there were no 
direct ties, members of certain political parties dominated some 
unions. In June 2001, the Public Service Workers Union circulated a 
proposal to create a ``congress of unions'' as an umbrella 
organization, but it drew no response from other unions or employee 
associations.
    Unions may affiliate with various international labor bodies.

    b. The Right to Organize and Bargain Collectively.--Unions have 
legally defined rights to organize workers and to bargain with 
employers. Collective bargaining was widespread in the nonagricultural 
sectors of the economy, including in government service, and there was 
also recourse to mediation and arbitration by the Government.
    In June police officers staged a sickout that briefly crippled 
operations around the island. The action was taken to draw attention to 
a decade-long dispute between the Government and the Police Welfare 
Association over pension benefits. On July 3, hundreds of private 
sector and unemployed workers demonstrated to protest the new budget. 
Government workers followed suit on July 9, effectively shutting down 
most government operations for the day. On both occasions, members of 
the police force staged additional sickouts in ``sympathy'' with other 
protesters. Further demonstrations and sickouts were held in September, 
causing the temporary (but unanticipated) closure of the airports. 
Unions reported that the demonstrations were peaceful, and there was no 
difficulty in obtaining permits for the demonstrations in advance.
    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 ILO has asked the 
Government to repeal the National Service Act, on the grounds that it 
is conducive to forced labor for economic development; the Government 
took no action to do so.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Two acts prohibit employment of children, but define 
``child'' differently, one as under age 12 and the other under age 14. 
During the year, the Government prepared legislation to harmonize these 
two laws and to set the minimum legal age for employment at 16 years.

    e. Acceptable Conditions of Work.--The law sets minimum wages for 
various categories of workers, but these were last revised in 1989. The 
minimum wage rate for some categories of workers (e.g., household 
employees) was as low as $0.37 (EC$1.00) per hour if meals were 
included. However, minimum wages for most workers fell in a range 
between $0.74 (EC$2.00) per hour for tourist industry workers to $1.11 
(EC$3.00) per hour for occupations such as shop clerks. Minimum wages 
were not sufficient to provide a decent standard of living for a worker 
and family. However, most workers (including domestic employees) earned 
more than the legislated minimum wage for their category. The Minimum 
Wage Advisory Board met in 1998 and recommended increases in these wage 
levels, but the Government had not yet acted upon these recommendations 
at year's end.
    The labor standards laws state that no employer shall establish or 
maintain differences in wages between men and women performing the same 
or similar work with parallel responsibilities under similar 
conditions. The law further states that no employer may reduce the 
wages of an employee to comply with equal wage standards. The labor 
laws also provide that the Labor Commissioner may authorize the 
employment of a person with disabilities at a wage lower than the 
minimum rate in order to enable that person to be employed gainfully.
    The standard legal workweek is 40 hours in 5 days. The law provides 
for a minimum of 2 weeks' paid vacation per year. The Employment Safety 
Act provides occupational health and safety regulations that are 
consistent with international standards. Inspectors from the 
Environmental Health Department of the Ministry of Health conduct 
health and safety inspections. The rarely used enforcement mechanism 
consists of inspections by the Department of Labor, which can and does 
prescribe specific compliance measures, impose fines, and prosecute 
offenders. Workers had the right to remove themselves from unsafe work 
environments without jeopardy to continued employment.

    f. Trafficking in Persons.--There were no laws that specifically 
address trafficking in persons.
    The country had an economic citizenship program that allows foreign 
investors to purchase passports through loosely monitored procedures 
requiring cash inflows ranging from $75,000 (EC$200,000) to $100,000 
(EC$270,000) for a family of up to four persons. This process 
reportedly facilitated the illegal immigration of persons from China 
and other countries to North America where, in some cases, they may be 
forced by the criminal organizations that provided the funds to work 
under conditions similar to bonded labor to repay their debt. The 
Government refused to end the economic citizenship program, despite 
complaints from the Governments of Canada and Australia. Since the 
beginning of the economic citizenship program in 1996, 662 applicants 
received citizenship. Approximately 167 persons, primarily from Russia 
or China, purchased economic citizenship in 2001; of these, only about 
46 persons actually resided in the country.
                               __________

                           DOMINICAN REPUBLIC

    The Constitution provides for a popularly elected president and a 
bicameral congress. President Hipolito Mejia of the Dominican 
Revolutionary Party (PRD) took office in August 2000 after a generally 
free and fair election, replacing President Leonel Fernandez of the 
Dominican Liberation Party (PLD). The PRD also controlled the Senate 
and held the most seats in the Chamber of Deputies. The Constitution 
provides for an independent judiciary; however, interference from 
outside forces, including the executive branch, remained a problem.
    The National Police, the National Department of Investigations 
(DNI), the National Drug Control Directorate (DNCD), and the armed 
forces (army, air force, and navy) formed the security forces. The 
military's domestic responsibilities included maintaining public order 
and protecting traffic, industry, commerce, persons, and property. The 
police were under the Secretary of the Interior and Police; the 
military was under the Secretary of the Armed Forces; and the DNI and 
the DNCD, which had personnel from both the police and the military, 
reported directly to the President. While civilian authorities 
generally maintained effective control of the security forces, there 
were some instances in which elements of the security forces acted 
independently of government authority or control. Members of the 
National Police and the military committed a number of human rights 
abuses.
    The market-based economy, once heavily dependent on sugar and other 
agricultural exports, continued to diversify. The country has a 
population of approximately 8.5 million, excluding an estimated 1 
million undocumented Haitians. Tourism, telecommunications, and Free 
Trade Zone (FTZ) exports were major sources of foreign currency and 
employment, notwithstanding recent decreases in the growth of tourism 
and FTZs. Remittances from abroad surpassed $1.9 billion per year. 
Economic growth, which exceeded 7 percent per year from 1996 through 
2000, was 4.5 percent for the year. Unemployment was estimated at 16 
percent. Income distribution in the country was highly skewed.
    The Government's human rights record remained poor; although there 
were significant improvements in some areas, serious problems remained. 
The number of extrajudicial killings dropped due in large part to the 
replacement of Police Chief Candelier with General Jaime Marte 
Martinez. Nonetheless, members of the security forces continued to 
commit some unlawful killings. The police and--to a lesser degree--the 
military tortured, beat, or otherwise abused detainees and prisoners. 
Police on several occasions used excessive force to disperse 
demonstrators. In a change from previous years, the Government began 
regularly to refer cases of police and military abuse to the civilian 
courts, instead of holding nontransparent proceedings in police or 
military tribunals. Prison conditions ranged from poor to harsh. Some 
prisoners died in custody due to negligence. Police arbitrarily 
arrested and detained suspects and suspects' relatives. While the 
judiciary continued to consolidate its independence and improve the 
efficiency of the courts, lengthy pretrial detention and long trial 
delays continued to be problems. The authorities sometimes infringed on 
citizens' privacy rights, and police entered private homes without 
judicial orders. Journalists at times practiced self-censorship. The 
Government restricted the movement of, and forcibly expelled, some 
Haitian and Dominican-Haitian migrants. Violence and discrimination 
against women; prostitution, including child prostitution; abuse of 
children; discrimination against persons with disabilities; 
discrimination against and abuse of Haitian migrants and their 
descendants; and child labor were serious problems. There continued to 
be reports of forced labor. Many workers continued to face unsafe labor 
conditions. Trafficking in persons was a serious problem. The Dominican 
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 political killings by government officials; however, members 
of the security forces committed 126 killings that were unlawful, 
unwarranted, or involved deadly use of force--a significant drop from 
2001, during which more than 250 extrajudicial killings occurred.
    This number includes some civilians who were killed in legitimate 
exchanges of gunfire with police, as well as ``encounter'' killings 
staged by the police. Despite significantly enhanced cooperation with 
civilian authorities under the guidance of the new National Police 
Chief, it remained difficult to quantify the exact number of police 
killings, because police infrequently documented citizen killings in 
accordance with minimum investigation or crime scene standards, and 
mid-level officers sometimes failed to cooperate in investigations 
ordered by civilian authorities (see Section 1.e.).
    Human rights organizations stated that the police employed far less 
unwarranted deadly force against criminal suspects than in previous 
years, although uniformed vigilantism persisted on a less-than-deadly 
level. Criminals who refused to pay police ``commissions'' or bribes to 
ignore criminal activity were sometimes beaten or shot in an appendage 
rather than killed. Lack of basic education, poor training, and weak 
discipline were still endemic among members of the police force, and 
directly contributed to the killings that occurred. These problems were 
aggravated by low pay and the fact that there was no coherent policy on 
the use of deadly force or rules of engagement by the police. 
Additionally, the lack of professional and transparent investigation of 
the circumstances in which police killed citizens in ``exchanges of 
gunfire'' still led to occasional impunity for such killings. Finally, 
there was a lack of meaningful training in human rights as applied to 
police work; however, under the leadership of the new police chief, the 
National Police took steps to address this problem. For example, in 
August a 4-day program trained 15 members of the National Police and 15 
prominent members of civil society, who were to conduct human rights 
and dignity workshops for members of the National Police.
    In the majority of police killings, the police claimed that the 
deaths resulted from an exchange of gunfire in the course of an arrest. 
Police asserted that the deaths of so-called delinquents resulted from 
shoot-outs requiring the police to act in self-defense. A number of 
eyewitness accounts matched police assertions; others did not. Staged 
``encounter'' killings still occurred.
    In March armed forces Private Eduardo Ortiz Delgadillo (then 
assigned to the Metropolitan Transit Authority, headed by former 
National Police Chief Candelier) shot and killed bus driver Flabio 
Minaya Padilla, whose death sparked violent protests and condemnation 
by a transport union. The authorities charged Ortiz, and his trial was 
pending at year's end in a civilian court.
    In April police officer Carlos Manuel Ramirez Herrera shot and 
killed 19-year-old Juan Rafael De los Santos during a protest that took 
place in the Moscu neighborhood of San Cristobal. Following the 
shooting, residents attempted to burn the residence of and lynch a 
municipal official, Jose Mercedes Corporan, whom they blamed for 
instigating the death of De los Santos. Police Chief Marte designated a 
commission to investigate the death of De los Santos and events 
surrounding the demonstrations. The commission determined that Ramirez 
should be removed from the police force; he was fired and was awaiting 
trial at year's end.
    On May 16, members of the armed forces election-day police in 
Jarabacoa shot and killed two Partido Reformista Social Cristiano 
(PRSC) activists in a shoot-out in front of approximately 50 witnesses. 
On August 6, Attorney General Bello Rosa concluded an investigation 
into the killings and recommended that those responsible be submitted 
to civilian justice. Several days later, President Mejia ordered that 
11 members of the military implicated in the crime be prosecuted in 
civilian criminal court, based on a recent Supreme Court precedent 
limiting military tribunals' authority to decide such cases to wartime. 
The authorities accused Army Sergeant Edruy Reyes Ramirez of committing 
the murders and charged Second Lieutenant Roger Antonio Acevedo 
Martinez with being an accomplice. The Attorney General further 
recommended that two colonels, Santo Augusto Nunez Francisco and Pedro 
Antonio Caceres Chestaro, be charged with trying to cover up the crime 
and mislead investigators. At year's end, the case was still in the 
investigative phase.
    Also in May, police Lieutenant Juan Bautista Berroa and two police 
officers in Bonao killed 22-year-old Alejandro Pena Diaz, whom they had 
taken prisoner, in the back of a truck. The police officers then threw 
his body from the vehicle in a staged escape attempt. The authorities 
dishonorably discharged the two police officers responsible for the 
killing, arrested them, and held them to face civilian trial, set for 
January 2003.
    In several neighborhoods in Santo Domingo, civil society held 
protests against police violence. The police at times forcibly 
dispersed demonstrators using tear gas and weapons; on August 22, 
during a protest in the Capotillo section of Santo Domingo, Alberto 
Santos Veloz was killed by a stray bullet and 14 persons were injured 
(see Sections 2.b. and 6.b.).
    In September a police captain, police Lieutenant Charlie Rodriquez, 
a sergeant, and a corporal all confessed to being part of a gang that 
kidnaped and killed Victor Augusto (Franklin) Feliz Mendez. The police 
also held 19-year-old Priscilla Diaz Infante in custody; she was the 
last surviving civilian member of the group of seven that police 
accused of murdering Feliz Mendez. The other civilians involved in the 
case, Luciano Antonio Matos Diaz and Deiva Giner Castillo, died under 
questionable circumstances shortly after Feliz Mendez's murder; one in 
an exchange of gunfire with police, the other by suicide. At year's 
end, a commission ruled that the civilian killed by police died in a 
legitimate exchange of gunfire while attempting to evade arrest.
    A significant number of deaths occurred in custody due to 
negligence by prison authorities (see Section 1.c.).
    According to nongovernmental organizations (NGOs) active along the 
border, two Haitian migrants were killed by military personnel while 
attempting to enter the country (see Section 2.d.).
    In the May 2001 killing of 26-year-old Ruben Dario Paniagua in the 
Capotillo neighborhood, the civilian trial of four persons alleged to 
have been involved in the killing was scheduled for February 2003. 
Bienvenido Cross, a civilian with police ties, police officer Franklin 
Tejada, police officer Carlos Feliz Mateo, and armed forces member 
Warren Antonio Matos, were in jail awaiting trial; the authorities 
released the other persons detained in connection with this case.
    In the June 2001 killing of 37-year-old Carmelo del Rosario, the 
authorities removed police Lieutenant Pedro Encarnacion Baez from duty 
and sent the case to the civilian courts. Although jailed in Higuey, 
Encarnacion Baez failed to appear at several hearings, the most recent 
of which was on September 26.
    In the July 2001 police killing of Wendy Altagracia Gaton Tejada in 
the Herrera district, the authorities jailed police officer Demetrio 
Marte Leonardo and scheduled him to be tried in civilian criminal court 
in February 2003. The authorities sent three other officers charged in 
this killing to a military court in 2001; there was no public 
information regarding the status of their cases.
    In the case of police Private Francisco Reyes Santana, known as 
``Tyson,'' who was accused of killing 18-year-old Pedro Manuel 
Contreras in September 2001, the Supreme Court ruled in December 2001 
that Tyson and codefendant police Sergeant Medina Medina would be tried 
in civilian criminal court. At year's end, both were in custody 
awaiting trial, but no trial date had been set.
    There were no developments in the cases of the police officers 
involved in the killing of Johnny Perdomo Santo in November 2000, 
Emilio Jose Matias and Lauri Mendez Sena in September 2000, the 30-
year-old Haitian killed in August 2000, the six Haitians and one 
Dominican shot in July 2000, the killing of Juan Expedito Garcia in 
July 2000, the killing of Juan Jose Urena in July 2000, or the killing 
of Antonio Lora Fernandez in April 2000.
    According to human rights groups, in the 2000 case involving three 
individuals shot in Najayo Prison in San Cristobal, the officers 
involved never were tried in either a police tribunal or a civilian 
court.
    There were no developments in the appeal of the 30-year sentences 
of retired General Joaquin Pou Castro, former air force officer Mariano 
Cabrera Duran, and Luis Emilio de la Rosa Beras, convicted in 2000 for 
the 1975 murder of journalist Orlando Martinez Howley, a critic of the 
Balaguer administration. A fourth defendant, General Salvador Lluberes 
Montas, was to stand trial in 2001, but the trial did not take place. 
Lluberes Montas failed to appear at 11 hearings in 2001 and at 3 
additional hearings during the year. Although Lluberes Montas was 
allegedly near death due to illness, various human rights groups 
charged that he was living comfortably in his villa in Casa de Campo.

    b. Disappearance.--There were no reports of politically motivated 
disappearances; however, the Dominican Solidarity Center reported that 
since the 1999 privatization of the sugarcane industry, more than 150 
union organizers or members had disappeared (see Section 6.e.).
    An instruction judge ordered that former Secretary of the Armed 
Forces Constantino Matos Villanueva be tried in a criminal court in the 
case of Narciso Gonzalez, a university professor and critic of the 
Balaguer government who disappeared in May 1994. The judge excluded two 
others, General Leonardo A. de Jesus Reyes Bencosme and Air Force 
Colonel Manuel Concepcion Perez Volquez, from the case, although in 
October 2001 the victim's family appealed this decision; that appeal 
and Matos Villanueva's contest of the decision to try him in criminal 
court remained pending in Santo Domingo's Court of Appeal at year's 
end. There was no action during the year on the family's complaint to 
the Inter-American Commission on Human Rights (IACHR).

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution and the law prohibit torture and other 
forms of physical abuse, and for the first time in years senior police 
officials took this prohibition seriously and regularly investigated 
reports of torture and abuse; however, some security forces personnel, 
primarily mid-level and lower ranking police officers, continued to 
torture, beat, and otherwise physically abuse detainees and prisoners. 
Lack of supervision, training, and accountability throughout the law 
enforcement and corrections systems exacerbated the problem of physical 
abuse. Human rights groups and the local press reported repeated 
instances of physical abuse of detainees while in custody, including 
various forms of torture, beatings, and sexual abuse.
    According to human rights organizations, the National Police, the 
DNCD, and prison officials all used forms of torture. The method most 
often used was beating. Other forms included asphyxiation with plastic 
bags to elicit confessions, and a method called ``roasting the 
chicken'' in which the victim was placed over hot coals and turned. 
Human rights advocates described another form of abuse that guards 
reportedly used against prisoners called ``the toaster,'' where 
prisoners were laid, shackled hand and foot, on a bed of hot asphalt 
for the entire day and beaten with a club if they screamed. Police also 
were described as using a practice called ``golpe de pollo'' in which 
they beat a person's ears until they bled. The Dominican Committee for 
Human Rights stated that in the Fortaleza San Felipe prison in Puerto 
Plata, some prisoners were tortured by pulling off their finger nails, 
and another prisoner at San Felipe was hung from the cell wall for days 
by chains that bound his wrists and left scars. Another ``new'' torture 
method was reported in June, in which prison officials enclosed 
detainees in water cisterns for lengthy periods. In Azua, according to 
the Dominican Human Rights Commission, a youth named Robelin Lopez was 
branded in the buttocks with a hot iron in an attempt to elicit a 
confession.
    Homosexual and transvestite detainees reported to gay rights 
advocates that during detention the police held them in a darkened room 
and gave them the alternative of performing fellatio on guards or being 
placed in a locked cell with the most dangerous prisoners, where the 
detainees presumed that they would be raped, beaten, or both. Other 
informants confirmed that the police used the prospect of being locked 
in with the most dangerous prisoners as a threat.
    In June two of three youths detained for allegedly carving up 
victims in satanic rites, Jairo Luis Matos and Gustavo Tejada de la 
Rosa, accused police authorities of torturing them in an attempt to 
elicit confessions. Police in the Fugitive Search and Capture Unit, 
located in the Parque Mirador Norte area of Santo Domingo, asphyxiated 
the young men with black plastic bags and beat them in an attempt to 
obtain confessions. This unit previously had been implicated in acts of 
torture aimed at eliciting confessions. In April the president of the 
Dominican Human Rights Commission reported that the Commission received 
multiple complaints of torture regarding this police unit.
    Also in June, the authorities suspended from duty two National 
Police captains from the Robbery and Monetary Crimes unit after they 
were accused of torturing 21-year-old Carlos Javier Mendez to draw out 
a confession for his alleged participation in a robbery. A special 
investigative commission composed of members of the police and justice 
sector determined that captains Ramon Antonio Marte Reyes and Luis F. 
Sanchez Mejia should be tried in civilian court for violating law 309 
by committing acts of torture. The two captains were fired and at 
year's end were released on bail awaiting trial. In addition, the 
authorities suspended Assistant District Attorney Diomaris Cepeda Diaz 
for 2 weeks without pay for negligence.
    In October judicial authorities decided that the case against 
suspended police Colonel Francisco Beras Santos, who was charged with 
the torture and sexual violation of a woman, should be heard in 
criminal court. The colonel was accused of having forced 34-year-old 
Elizabeth Martinez Perez to have oral sex with him before he would 
allow her to go free. Police Chief Marte sent the evidence against the 
colonel to be presented in a civilian court, rather than a military 
tribunal. Beras appealed his case in three courts, but each court 
rendered the decision that there was sufficient evidence to incriminate 
him. At year's end, he was in prison awaiting the conclusion of his 
criminal trial.
    The National District Prosecutor's office program of placing 
lawyers in high-volume police stations and in several DNCD offices to 
monitor the investigative process and to ensure that detainees' rights 
were respected (see Section 1.d.) remained largely limited to the Santo 
Domingo metropolitan area, with a lesser presence in Santiago. There 
was some evidence that assistant prosecutors at times acquiesced in 
traditional police practices--as in the torture case of Carlos Javier 
Mendez--rather than attempt to raise these practices to constitutional 
standards. Less qualified prosecutors assigned to the rest of the 
country did not assume strong roles in managing criminal investigations 
and ensuring the rights of suspects.
    Civilian prosecutors sometimes filed charges against police and 
military officials alleging torture, physical abuse, and related 
crimes. A 1997 law provides penalties for torture and physical abuse, 
including sentences from 10 to 15 years in prison. However, until 
recently, these provisions were not known fully or applied by 
prosecutors and judges. There were repeated calls by human rights 
groups for civilian trials of officials charged with abuse and torture, 
and senior executive branch officials responded favorably during the 
year. New abuse and torture cases were remanded to civilian criminal 
courts as they arose. However, submission to civilian judicial 
authority was sometimes still contested by mid-level officers (see 
Section 1.e.).
    During the year, the authorities dismissed numerous government 
employees for links with smuggling groups (see Section 6.f.). In one 
instance, Dominican Consul in Cap Haitien, Guillermo Radhames Garcia, 
was removed from his post after the Directorate of Migration accused 
him of personally transporting 16 Chinese nationals over the Dajabon 
border into the country. Even though the Supreme Court recognized that 
there was sufficient evidence to incriminate Garcia, it later dropped 
the case against him at the request of the Attorney General, because 
Garcia had been sworn in as the La Vega representative to the Chamber 
of Deputies while confined in Dajabon. The Court said it was the 
Chamber of Deputies' responsibility to censure Garcia.
    Police officers also were fired for violent attacks, extortion, and 
drug use. Significant problems remained because the authorities had not 
undertaken serious efforts to vet police recruits. Many persons with 
prior criminal records reportedly were incorporated into police ranks, 
either using false names or identification or with recommendations from 
other state institutions, such as the army.
    Human rights courses were offered in the training curriculums for 
military and DNCD enlisted personnel and officers. The Military 
Institute of Human Rights offered diploma courses in human rights and 
regularly sent representatives to border units to conduct mandatory 
human rights training. However, monitoring and sanctioning systems for 
abuses of human rights remained ineffective.
    The three officers accused of being involved in 2000 of torture and 
abuse of at least nine minors in the National District were not tried 
by police tribunals or the civilian courts. An investigative judge in 
the Eighth Penal Court, who was assigned to investigate the case in the 
civilian courts, ruled that these courts did not have jurisdiction over 
a police matter. The police tribunal took no action.
    In August 2000, judges of the Appeals Court for Children and 
Adolescents in San Pedro de Macoris made public a set of allegations of 
similar abuses committed against 19 minors in police stations in Juan 
Dolio and Boca Chica, as well as in the General Pedro Santana public 
jail, which is controlled by the army. During the year, there was no 
investigation into these alleged abuses by the police or the military.
    Prison conditions ranged from poor to harsh. Reports of torture and 
mistreatment in prisons were common. The prisons were seriously 
overcrowded, health and sanitary conditions were poor, and some prisons 
were out of control of the authorities. The General Directorate of 
Prisons was under the authority of the Public Ministry and was 
seriously underfunded. Budget allocations for necessities such as food, 
medicine, and transportation were insufficient. Prisoners and human 
rights groups alleged that prisoners were not taken to their trials if 
they failed to pay bribes to the guards (see Sections 1.d. and 1.e.). 
Medical care in all prisons suffered from a lack of supplies and 
available physicians. Prisoners immobilized by and dying of AIDS were 
not transferred to a hospital, but some terminal-stage inmates were 
released to spend their last days at home. Pretrial detainees were held 
together with convicted prisoners. Inmates were not separated by crime 
within the prison population; however, they could be put into solitary 
confinement for disturbances while incarcerated.
    According to the Attorney General's office, the police and the 
military held almost 17,000 prisoners and detainees in 34 prisons with 
a total capacity of approximately 9,000 persons. As of December, the 
military controlled 21 prisons with a total of 5,618 prisoners, and the 
National Police controlled 13 prisons, with a total of 10,922 inmates. 
A warden was responsible for running each prison and reported to the 
Attorney General through the Directorate of Prisons. A police or 
military colonel (or lieutenant colonel), who only was appointed for 3 
to 6 months, reported to the warden and was responsible for providing 
security. However, in practice the colonel was in charge of the prison, 
and neither the Directorate of Prisons nor the individual wardens had 
much power. Some prisons were totally out of the authorities' control 
and were in effect operated by armed inmates, who decided whether an 
individual got food, space to sleep, or medical care. Individual 
inmates only could secure a tolerable level of existence by paying for 
it.
    The overwhelming majority of prisons experienced extreme 
overcrowding. San Cristobal Najayo jail was originally built to house 
700 inmates and contained close to 3,000. The overcrowding and 
deteriorating conditions at such prisons as Publica de Azua 
(administered by the military) posed a serious threat to the health and 
safety of the inmates. The prison, which was initially built in the 
1940s to hold 40 inmates, held 171 prisoners. Inmates suffered from 
various illnesses including tuberculosis, bronchitis, and skin 
infections. Inmates who could not afford to pay for beds were forced to 
sleep on the floor. During September more than 25 prisoners died at the 
military-run prison of La Inmaculada Concepcion in La Vega in a fire 
allegedly set to prevent an inspection by guards. Newspapers and human 
rights groups reported extensive drug and arms trafficking within the 
prisons, as well as prostitution and sexual abuse, including abuse of 
minors.
    A government food program for the general public was used to 
provide lunches at some prisons. The former Director of Prisons 
reported that his office had a budget of $0.50 (8 pesos) per inmate to 
provide three meals per day. Inmates said that the food provided was 
unacceptable, and most sought to beg or purchase food from persons in 
the vicinity of the prison or from family members. Due to inefficiency 
and corruption within the prison system, visitors often had to bribe 
prison guards in order to visit prisoners. Female visitors often were 
forced to strip naked prior to entering the prison and were harassed 
sexually by prison guards.
    Female inmates were separated from male inmates. In general, 
conditions in the female prison wings were better than those found in 
male prison wings. There were some reports of guards physically and 
sexually abusing female inmates. There were also reports that in the 
Najayo prison, guards forced women to act as prostitutes in exchange 
for food and protection. Female inmates, unlike their male 
counterparts, were prohibited from receiving conjugal visits. Those who 
delivered while incarcerated were permitted to keep their babies with 
them for 1 year.
    The law requires that juveniles be detained separately from adults; 
however, in practice juveniles often were mixed with the general 
population. The authorities sometimes treated minors as adults--most 
often when physical examinations indicated that the persons claiming to 
be minors were probably adults--and incarcerated them in prison rather 
than juvenile detention centers. The press reported a high incidence of 
juveniles detained with adult prisoners being forced into sexual 
servitude in return for protection. Human rights groups charged that 
nearly all of the 280 juveniles in Najayo prison who were housed with 
adults were abused sexually. In July 2001, a new prison for minors 
opened in Najayo, with a capacity of 200 persons; however, human rights 
groups charged that guards and prison staff continued to abuse minors 
in the new wing.
    The Government permitted prison visits by independent human rights 
observers and by the press.

    d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and 
detention were problems. The Constitution provides for the security of 
the individual against imprisonment without legal process, bars 
detention beyond 48 hours without the detainee being presented before 
judicial authorities, and prohibits custodial authorities from not 
presenting detainees when requested. It also provides for recourse to 
habeas corpus proceedings to request the release of those unlawfully 
held. However, the security forces continued to violate constitutional 
provisions by detaining suspects for investigation or interrogation 
beyond the prescribed 48-hour limit. The police typically detained all 
suspects and witnesses in a crime and used the investigative process to 
determine who were innocent and merit release, and whom they should 
continue to hold. When the prosecutor's office began placing its 
lawyers in police stations in 1997, the police began to curtail the 
practice of arbitrary detentions; however, during the year, few new 
prosecutors were sent and the effectiveness of those working in police 
stations was negligible (see Section 1.c.).
    Detainees at police headquarters in Santo Domingo, known as ``the 
palace,'' reported that they were held for 15 to 21 days. Juveniles 
held at the Department for Minors at the Villa Juana police station 
commonly were held for 8 to 14 days, well beyond the 24-hour limit for 
minors. The official in charge of the Department for Minors attributed 
this to delays by the Juvenile Defender--the Public Ministry official 
in charge of interrogating minors--in sending them before a Juvenile 
Court judge. The law prohibits interrogation of juveniles by the police 
or in the presence of police.
    The police continued the practice of making frequent sweeps or 
roundups in low-income, high-crime communities in which they arrested 
and detained individuals arbitrarily, allegedly to fight delinquency. 
During these sweeps, police arrested large numbers of residents and 
seized property including motorcycles, other vehicles, and weapons. The 
armed forces carried out similar sweeps, in which they closed down 
major routes into Santo Domingo, searched cars for weapons and drugs, 
and detained individuals thought to be criminals. In June security 
forces arrested more than 700 residents of the Santiago area during 
operations ``Centella'' and ``Guaraguao.'' Numerous firearms were 
confiscated; 44 motorcycles and 18 cars were impounded.
    Following the indiscriminate arrests, the police regularly detained 
individuals for 20 days or more while they looked for a reason to 
charge them. Human rights organizations reported that individuals 
detained in these roundups frequently were beaten. The police stated 
that they relied upon unlawful detention without presentation to a 
court because some cases involved more complicated investigations. 
However, there was a clear pattern of police arrests of individuals 
before undertaking adequate investigation, and reliance on confessions 
obtained under questionable circumstances to make their case (see 
Section 1.c.).
    A related problem was the police practice of arresting and 
detaining individuals solely because of a familial or marital 
relationship to a suspect. A suspect's parents, siblings, or spouse 
were all vulnerable to this practice, the goal of which was to compel 
an at-large suspect to surrender or to coerce a confession from one 
already arrested.
    In December the military briefly jailed a Dajabon area radio 
broadcaster, reportedly arresting him without written authorization 
from the correct judicial authorities (see Section 2.a.).
    Local human rights observers reported roundups of Haitian and 
Dominican-Haitian construction workers. Officials allegedly took groups 
of darker-skinned or ``Haitian-looking'' individuals to empty buildings 
soon after they were paid, in order to extort money from them (see 
Section 5).
    Many suspects endured long pretrial detention. About 82 percent of 
the national prison population was awaiting trial; of these, about 
three-quarters were ``prisoners without sentences,'' and the remainder 
had convictions under appeal. The average pretrial detention throughout 
the country was well over 6 months. Time already served counted toward 
a sentence.
    The failure of prison authorities to produce the accused for court 
hearings was slightly less pronounced during the year but still caused 
a significant percentage of trial postponements (see Section 1.e.). 
Prisoners often had their court dates postponed because they were not 
taken from the prison to court, or because their lawyer or witness did 
not appear. The authorities held some prisoners even though there were 
no formal charges against them.
    Due to the historical inefficiency of the courts (see Section 
1.e.), the granting of bail served as a de facto criminal justice 
system, and defendants awarded bail rarely faced an actual trial. As a 
rule, few defendants were granted bail. Large numbers of prisoners, who 
had served at least half their sentences, were pardoned each August 16 
and at year's end.
    Most detainees and prisoners could not afford adequate defense 
services. The program of the Commissioner for the Reform and 
Modernization of Justice, which had lawyers to defend people for free, 
ceased operation due to lack of funds. On May 31, the Supreme Court 
created a National Office of Judicial Defense to provide legal advice 
and representation to poor people being processed in courts. This 
program was supported by foreign donors, and as of August 26, eight 
lawyers were chosen for the National Judicial Defense Program.
    The judicial system sometimes failed to protect the status of 
minors in criminal cases (see Sections 1.c. and 5).
    The law prohibits forced exile, and there were no reports of its 
use. However, persons who asserted that they were citizens sometimes 
were expelled to Haiti (see Section 2.d.).

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, attempts by public and private 
entities, including the executive branch, to undermine judicial 
independence persisted. Civil society groups encouraged judicial 
independence. The judiciary received training funded by foreign donors 
in order to improve its ability to resist outside interference, but 
such influence remained a problem. Court officials also began to 
implement new selection criteria for judges.
    The judiciary includes a 16-member Supreme Court, appeals courts, 
courts of first instance, and justices of the peace. There are also 
specialized courts that handle administrative, labor, land, and 
juvenile matters. Under the 1994 constitutional amendments, the Supreme 
Court is responsible for naming all lower court judges in accordance 
with a judicial career law. The Supreme Court has been complete since 
2001, when the National Council of Magistrates (CNM) met to fill three 
vacancies. The Government has established 17 of the 25 courts provided 
for by law, including 5 courts for children and adolescents.
    Until recently, military and police tribunals enjoyed exclusive 
jurisdiction over cases involving members of the security forces. These 
tribunals, while functioning similarly to criminal courts, had judges 
and prosecutors who were military or police officers, and the results 
generally were not made public. Decisions could be appealed, including 
to the Supreme Court. Although police tribunals could remand accused 
officers to civilian court jurisdiction, this almost never occurred 
under the leadership of police chiefs prior to Chief Marte. Military 
courts tried military personnel charged with killings, but depending 
upon the severity of the offense, a panel of senior officers could send 
the case to the civilian courts. When a police officer was involved in 
a questionable incident, the case went to a police commission of 
superior officers for investigation. If it was determined that the 
police officer exceeded his authority, the case was sent to the police 
tribunals or possibly to the civilian courts, depending on the severity 
of the offense. In the security force killings committed during the 
year, numerous officers were remanded to civilian criminal courts (see 
Section 1.a.).
    In 2000 six civil society groups made a submission to the Supreme 
Court on the issue of the legality of Law 285, which encompasses the 
Code of Police Justice. Civil society groups argued that police 
tribunals violated the Constitution, and that they weakened the 
separation and independence of governmental functions, as well as the 
exclusivity of the judicial function in the administration of justice. 
The lawsuit asked the court to rule on the constitutionality of these 
tribunals; a judgment still was pending as the court awaited passage of 
police reform legislation at year's end. However, in one case, in 
December 2001, the Supreme Court set what the Attorney General termed a 
precedent by ruling that in peacetime, certain criminal offenses 
involving security forces should be tried in civilian courts (see 
Section 1.a.).
    Public pressure existed for military or police boards to remand 
cases involving serious crimes to civilian court jurisdiction, and 
multiple such cases were remanded during the year. In other cases, 
civil authorities requested that the police turn over their files so 
that cases of suspected extrajudicial killings might be evaluated 
independently for possible prosecution. Although mid-ranking officers 
were sometimes uncooperative, there was significant high-level 
cooperation from the National Police and military in requested 
investigations during the year (see Section 1.c.).
    The judicial system is based primarily on the Napoleonic Code. 
Judges, rather than juries, render all verdicts. Following the 
commission of a crime, the criminal process begins with the arrest of 
possible suspects. During the investigative phase, suspects are 
questioned repeatedly and urged to confess. The Constitution provides 
for the right not to be arrested without judicial warrant except in 
cases where the suspect is caught in the act; the right not to be 
deprived of liberty without trial or legal formalities, or for reasons 
other than those provided by law; the right not to be a witness against 
oneself; and the right to a defense in an impartial and public trial. 
The authorities commonly violated these rights.
    The most serious and common violation of these rights occurred when 
police detained suspects, sometimes for many days, without allowing 
them to call family members, while subjecting them to frequent 
questioning (see Section 1.d.). Although accused persons were entitled 
to have an attorney present, they often were not permitted to call one 
or, if one arrived, the attorney was not permitted to be present during 
the questioning. Torture frequently was used to coerce a confession 
during questioning (see Section 1.c.). Under these circumstances, 
suspects may confess to acts that they did not commit merely to get 
relief from the intense questioning and the detention. The results of 
these interrogations frequently formed the only evidence presented at 
the trial.
    The law provides for the remedy of ``amparo,'' an action any 
citizen may bring for violation of a constitutional right, including 
violations by judicial officials, in accordance with the terms of the 
American Convention on Human Rights. The process of dispute resolution, 
including reconciliation, mediation, and arbitration, continued to be 
used as an alternative to trial and incarceration.
    A large backlog of criminal cases remained in the National District 
and throughout the country. The Supreme Court's plans to unclog the 
court dockets were frustrated by the Government's failure to allocate 
sufficient funds. Dockets were crowded with traffic infractions that 
should have been heard in the traffic courts provided for by statute; 
these courts had not been established, due to a lack of funds. Other 
complications in clearing the backlog arose from the lack of funds for 
transporting prisoners to court. Many cases were rescheduled when the 
accused or key witnesses did not appear.
    During the year, the Government adopted a new criminal code 
intended to simplify court procedures, accelerate the justice system, 
and discontinue the practice of holding a person in jail while trial 
procedures were underway. The new code supports the presumption of 
innocence until proven guilty. President Mejia established a commission 
to handle the preparations necessary to implement the new criminal code 
by 2004.
    During the year, the Supreme Court also began a pilot program to 
bring the courts to the jails to expedite the processing of inmates, 
since transporting inmates to the courts was one of the biggest 
obstacles to the administration of justice. Of the more than 16,500 
inmates in custody, only 15 to 30 percent had been sentenced. The 
program, which should help relieve prison congestion, began at San 
Cristobal Najayo jail in August and was to expand to La Victoria 
prison, the largest jail in the country, followed by Monte Plata.
    While in 2000 the congestion in the criminal system was reduced by 
more than 50 percent through use of community conciliation centers, 
those gains largely were lost during the last 2 years. It was clear 
that the change of 90 percent of Public Ministry officials by the Mejia 
administration in August 2000 resulted in a marked deterioration of the 
technical competence and ethical standards of prosecutors around the 
country. The practical effect has been a decrease in the ability to 
combat impunity and a deterioration in the quality of justice available 
to the poor.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution contains provisions against arbitrary 
entrance into one's home; however, police sometimes broke into private 
quarters without cause to search for suspects, and the authorities 
infringed on citizens' privacy rights in other ways as well. Although 
the Government denied arbitrary use of wiretapping or other 
surreptitious methods to interfere with the private lives of persons or 
families, it had not taken steps to dismantle an active private 
wiretapping industry. In September the Dominican Human Rights 
Commission reported that police captured Priscilla Diaz Infante, 
allegedly involved in the Feliz Mendez murder, by tapping the 
Commission's telephones (see Section 1.c.).
    The law permits the arrest of a suspect caught in the act of 
committing a crime, and police may enter a residence or business while 
in hot pursuit of such suspects. Otherwise, judges must authorize 
arrests and issue search warrants. However, the police continued to 
violate these requirements. The Dominican Human Rights Committee 
reported that police carried out raids on private homes in many poor 
Santo Domingo neighborhoods, including Capotillo, Gualey, Guandules, 
Guachupita, Los Alcarrizos, and La Zurza; police allegedly went into 
homes without search warrants to look for delinquents.
    According to the Dominican Human Rights Committee, the police on 
several occasions used force to remove squatters from state-owned lands 
in and near Santo Domingo.
    The police continued to detain relatives and friends of suspects in 
order to pressure suspects to surrender or to confess (see Section 
1.d.).

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press, and the Government generally respected these 
rights in practice.
    Newspapers and magazines freely presented a diversity of opinion 
and criticism; there were eight daily and seven weekly newspapers and 
three weekly magazines. However, journalists and editors at times 
practiced self-censorship, particularly when coverage could adversely 
affect the economic or political interests of media owners.
    Numerous privately owned radio and television stations broadcast 
all political points of view. The Government controlled one television 
station.
    In December the military briefly jailed a Dajabon area radio 
broadcaster, who implicated the President's son in the illicit sale of 
agricultural products on a program discussing the cross-border 
contraband trade. The Listin Diario newspaper reported that the 
executive branch replaced the local District Attorney, Maria de los 
Santos Tejada, after she demanded that the military free the 
journalist, who had been arrested in the evening, without written 
authorization from the correct judicial authorities. The Government 
planned to proceed with a libel and defamation suit. The arrest and 
firing created waves of protest in various sectors, and local religious 
and civil society groups staged peaceful protest marches in Dajabon.
    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 freedom of assembly, and the Government generally 
respected this right in practice; however, there were some exceptions, 
and the Government at times restricted this right. Outdoor public 
marches and meetings require permits, which the Government usually 
granted; however, the police used force to break up demonstrations on 
several occasions throughout the year, which sometimes resulted in 
deaths and injuries. The Government used deadly force to disperse 
demonstrators calling for completion of public works projects, the 
provision of potable water, and the cessation of blackouts (see Section 
1.a.).
    In March the police killing of a bus driver caused violent protests 
(see Section 1.a.). Metropolitan transit police intercepted a 40-
minibus protest parade in the Villa Juana area, leading to 35 arrests 
and various injuries. The authorities eventually released those 
arrested.
    The Constitution provides for freedom of association, and the 
Government generally respected this right in practice. Political 
parties frequently affiliated with their foreign counterpart 
organizations. Professional organizations of lawyers, doctors, 
teachers, and others functioned freely and maintained relationships 
with counterpart organizations.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. The Constitution prohibits discrimination on religious 
grounds, and many religions and denominations were active.
    The Catholic Church, which signed a concordat with the Government 
in 1954, enjoyed special privileges not extended to other religions. 
These included the use of public funds to underwrite some church 
expenses, such as rehabilitation of church facilities, and a complete 
waiver of customs duties when importing goods into the country.
    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 
travel, except for limitations imposed under judicial sentence, or 
police regulations for immigration and health reasons, and the 
Government generally respected these provisions in practice; however, 
there were some exceptions. Citizens faced no unusual legal 
restrictions on travel within or outside the country. The police 
occasionally blocked roads to search cars for weapons and drugs (see 
Section 1.d.). Local and international human rights groups cited 
discrimination against Haitian migrants, whom they said were subject to 
arbitrary and unilateral action by the authorities, and the military 
reportedly killed some migrants attempting to enter the country (see 
Section 1.a.).
    Haitians continued to migrate in great numbers to the Dominican 
Republic, some legally but the vast majority without legal documents, 
in search of economic opportunity. Some illegal migration was assisted 
by the authorities, who profited from it. Throughout the year, the 
security forces, particularly the army, repatriated undocumented 
Haitian nationals believed to be in the country illegally. The 
Directorate of Migration reported that it repatriated over 12,000 
Haitians during the year. In some cases, the Government denied those 
deported the opportunity to demonstrate that they were legal residents 
in the country or to make arrangements for their families or property.
    The Haitian Embassy began a pilot program to issue identity 
documents to Haitian adults residing in the country, and it issued over 
30,000 such documents during the year. Most Haitians, including those 
making clandestine crossings of the border, did not have identification 
papers of any kind. The lack of identification made it difficult for 
the authorities to provide social services, such as education, to 
Haitian children.
    NGOs and Catholic priests familiar with the process have protested 
that children born of Haitian parents in the Dominican Republic, 
generally denied registration as citizens, frequently were among those 
deported as illegal Haitians (see Section 5).
    In December a judge ordered the Central Electoral Board 
(responsible for registering births and providing national 
identification cards) to grant Dominican nationality to two sons of 
illegal Haitian immigrants on the grounds that the children were born 
on Dominican soil. This ruling generated controversy, and some members 
of Congress asked the Supreme Court to overturn the lower court 
decision, based on the fact that the parents were ``in transit,'' and 
therefore the children could not acquire Dominican nationality. For 
years, the term ``in transit'' had been interpreted to include anyone 
not legally residing in the country, which included the vast majority 
of Haitians, regardless of the years they had spent in the country. The 
Supreme Court refused to hear an appeal, and many prominent figures 
publicly spoke out in favor of the lower court ruling.
    In 2000 the Inter-American Court of Human Rights heard a case 
presented by human rights organizations, alleging that massive 
expulsions, repatriations, and deportations of Haitians and Dominican-
Haitians by the Government violated international human rights law. The 
Court's decision requested that the Government provide more detailed 
information about the condition of individuals in the border 
shantytowns who potentially were subject to forced expulsions and asked 
for a report every 2 months on provisional measures adopted to comply 
with the Court's decision. The Government provided the Court with the 
bimonthly reports and expected the Court to send the issue again to the 
IACHR.
    NGO representatives working in rural areas reported that decisions 
to deport often were made by lower-ranking members of the security 
forces, sometimes based upon the racial characteristics of the 
deportees. Such officials approached persons who looked like Haitians, 
including persons who had very dark complexions and fairly poor 
clothing, and engaged them in conversation, mainly to check their use 
of Spanish and any accent they might have. If such persons spoke 
Spanish poorly or with a noticeable accent, they were sometimes 
detained and deported.
    While the Government had a policy of strictly enforcing documentary 
requirements and repatriation for those found lacking documents, it 
appeared to have a more tolerant unofficial policy fueled by the 
reality of dependence on Haitian labor for certain agricultural and 
construction work. Thus, after being stopped as a suspected illegal 
Haitian migrant, an individual could be allowed to remain in the 
country despite lack of documentation if the story about work satisfied 
the official. NGOs reported corruption among the military, migration 
authorities, and other border officials and noted that these government 
representatives sometimes allowed the transit of Haitian workers into 
the country.
    In September a Belgian priest, Pedro Ruquoy, stated that members of 
the army, migration officers, and privatized sugar mills were all 
complicit in smuggling field hands from Haiti. The priest said that in 
a visit to Puerto Escondido, near the frontier, he visited 
installations used to lodge Haitians temporarily prior to their 
transfer to the sugar mills. The priest estimated that 30,000 
undocumented Haitians had been smuggled through this center and said 
that those recruiting the Haitians received about $8 (150 pesos) a 
person (see Section 6.f.). Haitians recruited for the sugar mills 
usually worked for only one harvest but remained in the country, 
securing better-paying jobs in construction.
    The Government did not actively cooperate with the office of the 
U.N. High Commissioner for Refugees and other humanitarian 
organizations in assisting refugees. The Government asserted that it 
provided first asylum and resettlement. According to a 1984 
presidential decree, an applicant for refugee status must be referred 
to the Technical Subcommittee of the National Commission for Refugees 
by the National Office of Refugee Affairs in the Migration Directorate. 
The subcommittee, which makes a recommendation to the commission (both 
chaired by the Foreign Ministry), is made up of members from the 
Foreign Ministry, the DNI, and the Migration Directorate. The 
commission, which makes a final decision on the application, consists 
of the three members of the subcommittee; the legal advisor to the 
President; and members from the National Police, the Ministry of Labor, 
and the Attorney General's office.
    As of December, more than 100 applications for refugee status had 
been filed with the Office of Refugees in the Migration Directorate, 
nearly all by Haitians. In 2001 the National Commission for Refugees 
met for the first time since 1993. The National Commission reviewed 
over 65 cases but did not make any decisions on pending refugee cases 
at that time and has not met since. However, the Technical Subcommittee 
met several times during the year, referring dozens of cases back to 
the Migration Directorate for technicalities such as lack of properly 
documented claimant signatures or identities.
    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. Citizens exercised 
this right in generally free and fair congressional elections in May.
    The President and all members of the Senate and the Chamber of 
Deputies are elected freely every 4 years by secret ballot. There is 
universal adult suffrage; however, active duty police and military 
personnel may not vote. Voting is restricted to those who can document 
nationality. The Central Electoral Board conducts all elections. During 
the year, the legislature adopted constitutional reforms affecting the 
electoral system, including a provision that the President may be 
reelected one time. The reforms abolished a system whereby voters were 
locked into the polling site until all voting had concluded, and women 
and men no longer have to vote at separate times.
    Congress provided an open forum for the free exchange of views and 
debate. The main opposition party was the PLD, which held 1 of 32 seats 
in the upper house and 42 of 150 seats in the lower house. A third 
major party, the PRSC of former President Balaguer, held 2 seats in the 
upper house and 36 seats in the lower house; various smaller parties 
were certified to contest provincial and national elections.
    The nation had a functioning multiparty system. Opposition groups 
of the left, right, and center operated openly. The President often 
dominated public policy formulation and implementation. He could 
exercise his authority through the use of the veto, discretion to act 
by decree, and influence as the leader of his party. Traditionally, the 
President has predominant power in the Government, effectively making 
many important decisions by decree. The President appoints the 
governors of the 32 provinces.
    Women and minorities confronted no serious legal impediments to 
political participation. By law parties must reserve 33 percent of 
positions for women on their lists of candidates for city councils; 
however, the parties often placed women so low on the lists as to make 
their election difficult or impossible. A woman, Milagros Ortiz-Bosch, 
was Vice President. Two women served in the 32-member Senate; women 
held 24 seats in the 150-member Chamber of Deputies. Women continued to 
be represented in appointed positions, albeit to a limited degree. The 
President of the Chamber of Deputies was a woman, as were three cabinet 
secretaries. Women filled 5 of the 16 seats on the Supreme Court.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Nongovernmental human rights organizations generally operated 
freely without government interference, and government officials were 
somewhat cooperative and responsive to their views. In addition to the 
Dominican Human Rights Committee, the National Human Rights Commission, 
and the nongovernmental Truth Commission (addressing the Narciso 
Gonzalez case), several Haitian, church, women's, and labor groups 
existed.
    In February 2001, Congress passed a law creating a human rights 
ombudsman's office, although selection of the individual to fill the 
position still remained pending at year's end. The law provides that 
the Ombudsman is appointed for 6 years, with authority over public 
sector issues involving human rights, the environment, women's issues, 
youth issues, and consumer protection.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The law prohibits discrimination based on race and sex; however, 
such discrimination existed, and the Government seldom acknowledged its 
existence or made efforts to combat it.

    Women.--Domestic violence was widespread. NGOs estimated that 40 
percent of women and children were victims of domestic violence. Under 
the 1997 Law Against Domestic Violence, the State can prosecute for 
rape, incest, sexual aggression, and other forms of domestic violence. 
Penalties for these crimes range from 1 year to 30 years in prison and 
carry fines ranging from $30 to $6,000 (500 to 100,000 pesos). The 
Secretariat of Women, as well as various NGOs, had outreach programs on 
domestic violence and legal rights. The Government's center in Villa 
Juana (Santo Domingo) for the legal support and forensic examination of 
abused women handled over 100 cases per day. Due to the success of this 
first center, the Government opened a second center and planned four 
more. There were no functioning shelters for battered women.
    The Department of Children, Teenagers, and Family of the Attorney 
General's Office issued 2,600 protection orders in favor of women 
during the first 6 months of the year, of which 25 percent were for 
spouses of military personnel or policemen involved in domestic 
violence. According to government statistics, 107 women were killed in 
``crimes of passion'' during the year.
    Rape was a serious problem and was believed to be widely 
underreported. The Santo Domingo District Attorney's office received 
1,706 rape or sexual violation complaints during the year. The 
penalties for committing rape are 10 to 15 years in prison and a fine 
of $6,000 to $12,000 (100,000 to 200,000 pesos). The State can 
prosecute a suspect for rape even if the victim does not file charges, 
and rape victims may press charges against a spouse. Victims often did 
not report cases of rape because of fear of social stigma, as well as 
the perception that the police and the judiciary would fail to provide 
redress. The police were reluctant to handle rape cases and often 
encouraged victims to seek assistance from NGOs.
    The law prohibits sexual harassment in the workplace; however, the 
law was not enforced, and sexual harassment was widespread.
    Prostitution is illegal; however, the Government usually did not 
enforce prostitution laws. Sex tourism was a growing industry 
throughout the country as the number of international visitors 
increased. NGOs conducted HIV/AIDS and sexually transmitted disease 
prevention programs for male and female prostitutes, hotel and 
industrial zone workers, and other high-risk groups. The Domestic 
Violence Law prohibits acting as an intermediary in a transaction of 
prostitution, and the Government used the law to prosecute third 
parties that derived profit from prostitution.
    Divorce was easily obtainable by either spouse, and women could 
hold property in their own names apart from their husbands. 
Traditionally, women did not share equal social and economic status or 
opportunity with men, and men held the majority of leadership positions 
in all sectors. In many instances, women were paid less than men in 
jobs of equal content and equal skill level. Some employers reportedly 
gave pregnancy tests to women before hiring them, as part of a required 
medical examination. Union leaders and human rights advocates reported 
that pregnant women often were not hired.

    Children.--Despite the existence of government institutions 
dedicated to child welfare, private social and religious organizations 
carried the principal burden for such services. The Oversight 
Organization for the Protection of Children, created by the executive 
branch, was the primary government institution responsible for child 
welfare. It carried out community information campaigns on children's 
rights, including the prevention of child abuse, child labor, and 
family violence. It also provided training to persons and groups 
providing social services to children, judicial officials, and other 
children's advocates. Private institutions received 35 to 40 percent of 
the budget of the Oversight Organization. The Ministry of Youth 
operated programs on drug prevention and HIV/AIDS awareness.
    The 1994 Minor's Code requires 8 years of formal education. 
Children of Haitian descent experienced difficulties attending school 
due to their lack of official status. The code contains provisions 
against child abuse, including physical and emotional mistreatment, 
sexual exploitation, and child labor. It also provides for removal of a 
mistreated child to a protective environment. According to local 
monitors, instances of child abuse were underreported because of 
traditional beliefs that family problems should be dealt with inside 
the family. However, child abuse received increasing public attention.
    In the National District, the Department of Family and Children, in 
the Office of the Prosecutor, administered the Minor's Code and 
arranged conciliation of family conflicts, the execution of court 
decisions with respect to child protection, and interviews with 
children whose rights had been violated.
    Abuse, including physical, sexual, and psychological, was the most 
serious human rights violation affecting children. The Department of 
Family and Children estimated that 50 percent of the children in the 
country were victims of some sort of abuse, although few such cases 
reached the courts. In the majority of the cases, the accused was a 
person close to the child: A father, grandfather, uncle, brother, 
cousin, or close family friend. The criminal law provision on sexual 
abuse and intrafamily violence provides for a penalty of 10 to 20 
years' incarceration and a fine of $6,600 to $13,200 (108,000 to 
216,000 pesos) for persons found guilty of sexual abuse of a minor, and 
up to 30 years if the victim is a family member of the abuser.
    The Ministry of Health estimated that between January and June, 
there were 894 births by adolescents under age 15 and 15,560 births by 
adolescents between the ages of 15 and 19, some of which reportedly 
resulted from rape or incest.
    Trafficking and sexual exploitation of children was a serious 
problem (see Section 6.f.). Poor adolescent girls and boys sometimes 
were enticed into performing sexual acts by the promise of food or 
clothing; sometimes they were forced into unsafe relationships with 
strangers by the need for money. Once involved, they could be held 
against their will by individuals who sold their sexual favors to 
others. Some of these minors were lured from their parental homes; 
others were already on the street.
    The judicial system sometimes failed to protect the status of 
minors in criminal cases (see Sections 1.c. and 1.e.). In accord with 
the Minor's Code, the Government established 17 courts of first 
instance for minors and 5 appeals courts for minors, the latter in 
Santo Domingo, Santiago, San Pedro, San Cristobal, and La Vega. 
Although these juvenile courts were organized with a focus on 
rehabilitating offenders, very few social services were available for 
minors. In practice, juveniles were detained in excess of the time 
permitted by law and often sent to jail rather than referred for 
rehabilitative services. There were legal advocates especially for 
juveniles in Santo Domingo and La Vega to provide them with 
representation in delinquency cases. Human rights monitors reported 
numerous cases of sexual abuse of minors in Najayo prison (see Section 
1.c.).
    Child labor was a serious problem in the informal sector of the 
economy (see Section 6.d.). It was common for minors to be put on the 
street to fend for themselves as younger siblings claimed the parent's 
meager resources. Homeless children called ``palomas'' (doves) were 
frequently at the mercy of adults who collected them and put them to 
work begging and selling fruit, flowers, and other goods on the street. 
In return for their work they were given basic housing. The ages at 
which these children worked, the hours they worked, and their failure 
to comply with compulsory school attendance all violated the law, but 
the Government has not been able to combat this practice.

    Persons with Disabilities.--Persons with disabilities encountered 
discrimination in employment and in the provision of other services. 
The law provides for physical access for persons with disabilities to 
all new public and private buildings; however, the authorities did not 
enforce this law uniformly. There was a Subsecretariat for 
Rehabilitation under the Ministry of Public Health, a recreation center 
for persons with disabilities in Las Caobas, and a department in the 
Sports Ministry to facilitate athletic competition for such persons. 
However, there was little consciousness of the need to make the daily 
lives of persons with disabilities safer and more convenient. For 
example, new street construction made few provisions for such persons 
to cross the streets safely.
    The Dominican Rehabilitation Association (ADR), which receives 
about 30 percent of its budget from the Government, had 17 affiliates 
throughout the country and provided services for 2,500 persons daily.
    Discrimination against persons with mental illness was common, and 
there were few resources dedicated to the mentally ill.

    National/Racial/Ethnic Minorities.--A strong prejudice against 
Haitians exists and disadvantaged many Haitians and Dominicans of 
Haitian ancestry, as well as other foreigners of African descent (see 
Sections 1.d. and 2.d.). The Government rarely acknowledged the 
existence of this discrimination.
    Efforts to stem the influx of illegal Haitian immigrants made it 
more difficult for those Haitians already in the country to live 
peacefully or legally. Although infrequently enforced, police 
regulations threatened those offering transportation to illegal 
immigrants with confiscation of their vehicles and discouraged taxi and 
bus drivers from picking up darker-skinned persons. In roundups of 
illegal immigrants, the authorities picked up and expelled darker 
Dominicans as well as legal Haitian residents (see Section 1.d.).
    Perhaps 500,000 Haitian immigrants--or 6 percent of the country's 
population--lived in shantytowns or sugar cane work camps, in harsh 
conditions with limited or no electricity, running water, or schooling. 
There were estimates that as many as 1 million Haitians lived in the 
country. Human rights groups regularly charged the Government with 
unlawful deportations of, and police brutality toward, these 
immigrants--most of whom resided in the country illegally and therefore 
received little or no protection under the law (see Sections l.c., 
1.d., and 2.d.).
    The Government refused to recognize and document as citizens many 
individuals of Haitian ancestry born in the country (see Section 2.d.). 
Since many Haitian parents never possessed documentation for their own 
births, they were unable to demonstrate their own citizenship or that 
of their children. Lack of birth registration sometimes deprived 
children of Haitian descent of the opportunity to attend school where 
there was one available. Even when permitted to attend primary school, 
the children of Haitian parents rarely progressed beyond sixth grade. 
In 2001 the Secretary of Education announced that all children would be 
allowed to enroll in school through the eighth grade, whether or not 
they had a birth certificate. The Central Electoral Board agreed to 
facilitate acquisition of birth certificates by parents who could 
produce identity cards in order that all children would have birth 
certificates to enroll in school. NGOs reported that higher numbers of 
Haitian children enrolled in school during the year, and according to a 
census conducted by the Secretariat of Education, at least 63,000 
children without birth certificates--of both Dominican and Haitian 
parents--attended school.
    Sometimes poor Haitian families arranged for Dominican families to 
``adopt'' and employ their children to ensure a more promising future 
for them. The adopting parents registered the child as their own. In 
exchange, the parents received monetary payment or a supply of clothes 
and food. In many cases, adoptive parents did not treat the adoptees as 
full family members and expected them to work in the households or 
family businesses rather than attend school, resulting in a kind of 
indentured servitude, at least until the young person reached majority 
(see Section 6.c.). There were reports that Haitian girls between the 
ages of 10 and 14 were the most sought after, especially in border 
areas.

Section 6. Worker Rights

    a. The Right of Association.--The Constitution provides for the 
freedom to organize labor unions, and all workers, except the military 
and the police, were free to organize. Organized labor represented an 
estimated 10 percent of the work force and was divided among four major 
confederations and a number of independent unions. There were 3,524 
registered unions in the country, but an estimated 61 percent were 
inactive. The 1992 Labor Code provides extensive protection for worker 
rights and specifies the steps legally required to establish a union, 
federation, or confederation. The code calls for automatic recognition 
of a union if the Government has not acted on its application within 30 
days. In practice, the Government readily facilitated recognition of 
labor organizations.
    The Government generally respected association rights and placed no 
obstacles to union registration, affiliation, or the ability to engage 
in legal strikes. However, enforcement of labor laws was sometimes 
unreliable, inhibiting employees from freely exercising their rights.
    Unions were independent of the Government and generally independent 
of political parties. The law forbidding companies to fire union 
organizers or members was enforced selectively, and penalties were 
insufficient to deter employers from violating worker rights. The 
Dominican Solidarity Center asserted that since the 1999 privatization 
of the sugarcane industry, employers had been responsible for the 
disappearances of over 150 union organizers or members (see Section 
1.b.). There were additional reports of widespread discreet as well as 
overt intimidation by employers in an effort to prevent union activity, 
especially in the Free Trade Zones (see Section 6.b.).
    The Dominican Federation of Free Trade Zone Workers (FEDOTRAZONAS) 
reported significant antiunion activity at the FM company in Santiago 
between July and September. According to FEDOTRAZONAS, when manager 
Jose Miguel Torres could not dissuade the organizing committee from 
forming a labor union within FM, management attempted to plant three 
new ``workers'' in the burgeoning union. These three new workers, 
wielding machetes, beat members of the organizing committee, one of 
whom eventually shot and wounded one man holding a machete. A day 
later, the two remaining members of the antiunion group showed up in 
front of the company with a truckload of heavily armed ruffians to look 
for the rest of the organizing committee, the remainder of whom had 
fled. On October 25, the organizing committee once more informed 
management of employees' intent to unionize. Management again brought 
in additional ``workers'' who physically assaulted members of the 
organizing committee, and on November 29, violently expelled those 
members of the organizing committee who refused to stop prounion 
activity. As a result of these incidents, the Labor Secretariat cited 
the FM company for violating the Labor Code.
    According to the Dominican Solidarity Center, in September 
approximately 140 employees of the FTZ company Ramsa in Santiago were 
fired without cause when they were forming a collective bargaining 
agreement; 98 percent of those fired were union members or pregnant 
women. Management allegedly bribed eight union organizers about $55,000 
(1 million pesos) each in order to dissuade them from further prounion 
activity or agitation. The Secretariat of Labor cited Ramsa for several 
infractions of the Labor Code, including maternity rights violations, 
and charged the company with violating the Penal Code. This was the 
first time the Government brought a case of this sort against a FTZ 
company; the initial hearing on the matter was scheduled for January 
2003.
    In 2000 the Caribbean Sugar Producer's Consortium laid off 150 
workers at its sugar mill in Consuelo in retaliation for having formed 
a trade union. A court order succeeded in getting the majority of the 
workers reinstated, and those persons received some compensation for 
the period during which the workers were unemployed. Those who were not 
reinstated still had not received compensation at year's end, and the 
original owners left the country, making it difficult to enforce the 
court's judgment.
    Labor unions can and do affiliate freely regionally and 
internationally.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining is legal and may take place in firms in which a union has 
gained the support of an absolute majority of the workers. Only a 
minority of companies have collective bargaining pacts, and the 
International Labor Organization (ILO) considered the requirements for 
collective bargaining rights to be excessive and found that in many 
cases they could impede collective bargaining. The Labor Code 
stipulates that workers cannot be dismissed because of their trade 
union membership or activities; however, in practice, workers sometimes 
were fired because of their union activities.
    The Labor Code establishes a system of labor courts for dealing 
with disputes. While cases did make their way through the labor courts, 
enforcement of judgments was sometimes unreliable.
    The Constitution provides for the right of workers to strike (and 
for private sector employers to lock out workers). Requirements for 
officially calling a strike include the support of an absolute majority 
of all company workers whether unionized or not, a prior attempt to 
resolve the conflict through mediation, written notification to the 
Ministry of Labor, and a 10-day waiting period following notification 
before proceeding with the strike. Brief work stoppages, or unofficial 
strikes, were more common. During the year, members of several major 
transportation unions briefly walked off the job to protest countrywide 
toll hikes. The Government sometimes responded with force to disperse 
demonstrations in support of strikes (see Section 2.b.).
    In June the Secretariat of Labor charged a Korean-owned FTZ company 
with violating the Hygiene Code in an incident in which toxic fumes 
sickened approximately 100 employees. (The company had been repainting 
work areas during business hours.) This led the local union to initiate 
a collective bargaining agreement, but the company refused to negotiate 
several clauses, and negotiations broke down completely on December 4. 
In October the company began laying off workers, including a large 
number of union members and activists. By year's end, the factory had 
begun moving equipment and primary materials to an affiliate located in 
the Moca FTZ.
    The Labor Code applies in the 40 established FTZs, which employed 
approximately 160,000 workers, mostly women. Workplace regulations and 
their enforcement in the FTZs did not differ from those in the country 
at large, although working conditions were sometimes better, and the 
pay was occasionally higher. Mandatory overtime was a common practice, 
and it was sometimes enforced through locked doors or loss of pay or 
jobs for those who refused (see Section 6.c.).
    There were reports of widespread discreet intimidation by employers 
in the FTZs in an effort to prevent union activity (see Section 6.a.). 
Unions in the FTZs reported that their members hesitated to discuss 
union activity at work, even during break time, for fear of losing 
their jobs. Some FTZ companies were accused of discharging workers who 
attempted to organize unions. In the FTZs, while there may be as many 
as 10 collective bargaining agreements on paper, only 3 actually 
functioned. The majority of the unions in the FTZs are affiliated with 
the National Federation of Free Trade Zone Workers (FENATRAZONAS) or 
the FEDOTRAZONAS. FENATRAZONAS estimated that only 3 percent of the 
workers in the FTZs were unionized.
    Many of the major manufacturers in the FTZs had voluntary ``codes 
of conduct'' that included worker rights protection clauses; however, 
it was not known if they incorporated the ILO's Fundamental Principles 
and Rights at Work. In general, workers rarely had heard of such codes 
or the principles they set out. It also was not known how many workers 
received training about the codes, if workers had any effective means 
of asserting their rights under them, or whether any of the codes were 
subject to credible independent monitoring.

    c. Prohibition of Forced or Bonded Labor.--The law prohibits all 
forms of forced or bonded labor, including by children; however, such 
practices still existed in the adult worker population and among 
children in the informal sector. Young children ``adopted'' by families 
worked under a kind of indentured servitude, and homeless children were 
made to beg by adults (see Section 5). Trafficking in women and 
children, particularly for purposes of prostitution, was also a problem 
(see Section 6.f.).
    The FENATRAZONAS noted that mandatory overtime in the FTZ factories 
was a common practice. Workers also reported that their employers 
locked factory doors with chains so they could not leave, and took 
incentive pay away from or fired those who refused to work overtime. 
For example, many companies used an incentive system in which a team of 
12 to 15 persons was given a quota to fill by the end of the week, in 
order to receive extra benefits. Most teams were unable to fill the 
quota to receive the benefits and were not paid overtime pay for the 
extra time they put in to attempt to fill the quota. Union officials 
stated that newly hired workers were not informed that overtime was 
optional.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Labor Code prohibits employment of children less than 
14 years of age and places restrictions on the employment of children 
under the age of 16; however, child labor was a serious problem. 
Restrictions for children between the ages of 14 and 16 include 
limiting the daily number of working hours to 6, prohibiting employment 
in dangerous occupations or in establishments serving alcohol, and 
limiting nighttime work. A company could face legal sanctions and fines 
if caught employing underage children. Children between the ages of 14 
and 16 may work in apprenticeship and artistic programs. A national 
child labor survey conducted by the Labor Ministry found that 428,720 
children between the ages of 5 and 17 worked. (The total estimated 
population for this age group was 2.4 million.) Of these children that 
worked, 56 percent were less than age 14; 21 percent were between 14 
and 15, and the remaining 23 percent were adolescents 16 or older; 90 
percent of those that worked also attended school.
    The high level of unemployment and lack of a social safety net 
created pressures on families to allow or encourage children to earn 
supplemental income (see Section 5). Tens of thousands of children 
began working before the age of 14. Child labor took place primarily in 
the informal economy, small businesses, clandestine factories, and 
prostitution. Conditions in clandestine factories were generally poor, 
unsanitary, and often dangerous. The Government attempted to eliminate 
the use of children for cutting sugar cane; however, there were still 
some reports that poor Haitian and Dominican adolescents accompanied 
their parents to work in the cane fields, with the tacit acceptance of 
sugar companies. Also, human rights groups reported a slight increase 
in the number of undocumented Haitian 14- and 15-year-olds working in 
the cane fields.
    The Ministry of Labor, in collaboration with the ILO's Program on 
the Eradication of Child Labor and other international labor rights 
organizations, implemented programs to combat child labor. These 
included the national child labor survey and a program to remove 
children from dangerous agricultural work in San Jose de Ocoa, 
Constanza, and Azua. The Constanza program removed over 550 children, 
twice as many as the targeted number, from work in hazardous 
agriculture, and placed them in schools.
    The law prohibits forced or compulsory labor by children; however, 
such practices persisted in the informal sector, and trafficking in 
girls was a serious problem (see Section 6.f.). There were no confirmed 
reports of forced child labor in the formal sector.

    e. Acceptable Conditions of Work.--The Constitution empowers the 
executive branch to set minimum wage levels, and the Labor Code assigns 
this task to a national salary committee. Congress also may enact 
minimum wage legislation. The minimum monthly salary was $135 (2,490 
pesos) in the FTZs, and $200 (3,690 pesos) outside the FTZs. The 
minimum wage did not provide a decent standard of living for a worker 
and family; it only provided approximately one-third of the income 
necessary to sustain an average family. The national poverty level, 
which was based on a basket of goods and services consumed by a typical 
family, was $357 (6,607 pesos) per month for a family of five.
    The Labor Code establishes a standard work period of 8 hours per 
day and 44 hours per week. The code also stipulates that all workers 
are entitled to 36 hours of uninterrupted rest each week. In practice, 
a typical workweek was Monday through Friday plus a half day on 
Saturday, but longer hours were common. The code grants workers a 35 
percent differential for work totaling between 44 hours to 68 hours per 
week and double time for any hours above 68 hours per week. Overtime 
was mandatory at some firms in the FTZs (see Section 6.c.).
    Conditions for agricultural workers were poor, especially in the 
sugar industry. Most sugar cane worker villages lacked schools, medical 
facilities, running water, and sewage systems, and had high rates of 
disease. On sugar plantations, cane cutters usually were paid by the 
weight of cane cut rather than the hours worked. Employers often did 
not provide trucks to transport the newly cut cane at the conclusion of 
the workday, causing workers to receive lower compensation because the 
cane dried and weighed less. Many cane cutters earned less than $4.00 
(80 pesos) per day and were paid in tickets that were redeemable for 
cash every 2 weeks. Because workers earned so little and sometimes 
could not wait until payday to redeem their tickets, an informal barter 
system evolved in which the tickets also were used to purchase items at 
private stores located on the plantations. These private stores made 
change by giving back a combination of tickets and cash, but the stores 
often retained 10 percent of the cash due a customer.
    The Dominican Human Rights Committee and shantytown residents 
reported that conditions of work for cane workers had deteriorated 
since the industry was privatized in 1999. In various sugarcane 
industry shantytowns, field guards reportedly kept workers' clothes and 
documents to prevent them from leaving. Employers also withheld wages 
to keep workers in the fields.
    Workers reportedly were paid less, worked longer hours, and had 
fewer benefits, according to the committee. The Dominican Solidarity 
Center reported that since 1999, over 150 union organizers or members 
within the sugarcane industry disappeared (see Section 1.b.). The 
center alleged that employers were responsible for these 
disappearances.
    The Dominican Social Security Institute (IDSS) sets workplace 
safety and health conditions. During the year, Congress passed a new 
Social Security law that expanded coverage of the social security 
programs. Both the IDSS and the Ministry of Labor had a small corps of 
inspectors charged with enforcing standards. The Secretariat of Labor 
had 250 inspectors who seek to improve sanitation, health care, and 
safety for workers. Included in this number was a smaller, specialized 
corps (eight in Santo Domingo) of inspectors for the FTZs. Inspector 
positions customarily were filled through political patronage, and 
bribes from businesses were common. In practice workers could not 
remove themselves from hazardous working situations without 
jeopardizing employment.

    f. Trafficking in Persons.--There was no comprehensive law to 
prohibit trafficking in persons or to provide victim services, although 
several laws could be used against it. Trafficking in women and 
children from, to, and within the country remained a serious problem. 
Women 18 to 25 years of age were at the highest risk for being 
trafficked. Principal destination countries were in Europe and Latin 
America, and included Spain, Italy, the Netherlands, Switzerland, 
Germany, Greece, Belgium, Curacao, San Martin, Aruba, Panama, 
Venezuela, and Argentina. Women were trafficked to the United States, 
although in smaller numbers. Within the country there was a serious 
problem of prostitution of minors, primarily in the tourist areas. The 
ILO and the International Organization for Migration (IOM) reported a 
growing problem of Haitian women and children being trafficked to beg 
in the streets; according to the Director General of Migration, the 
trafficking ring linked to these beggars was under investigation.
    Government agencies that had a role in combating trafficking often 
kept statistics only on illegal immigration, since they seldom 
differentiated between trafficking and illegal immigration. NGOs such 
as the Center for Integral Orientation and Investigation (COIN), and 
international organizations such as UNICEF and IOM that worked with 
trafficking victims, were able to provide general numbers through 
interviews with individuals and extrapolation. The Directorate of 
Migration estimated that there were approximately 400 rings of alien-
smugglers, traffickers, and purveyors of false documents operating 
within the country. These individuals profited by facilitating the 
trafficking of women to Europe and the Eastern Caribbean under false 
pretenses and for purposes of prostitution. According to COIN and IOM, 
traffickers were usually small groups involving just a few people. 
Usually there was a contact in the destination country and a few 
persons in the Dominican Republic who handled obtaining identification 
and travel documents and recruited the persons to be trafficked.
    According to the Directorate of Migration, individual members of 
that directorate, the armed forces, or National Police who facilitate, 
condone, or were complicit in trafficking activities or migrant 
smuggling were investigated, and fired or prosecuted when appropriate. 
NGOs reported corruption among the military and migration border 
officials and noted that these officials sometimes cooperated with the 
transit of Haitian workers into the country to work on sugar 
plantations and construction sites (see Sections 2.d. and 6.d.).
    Accion SIDA, an HIV/AIDS NGO, estimated that children constituted 
10 to 15 percent of the total number of persons engaged in the 
country's sex industry. Some elements within the tourist industry 
facilitated the sexual exploitation of children; particular problem 
areas were Boca Chica and Puerto Plata. Tours were marketed by 
foreigners overseas with the understanding that boys and girls could be 
found as sex partners. In July the National Prosecutor's Office and the 
Association of Hotels signed an agreement to combat the exploitation of 
children in the tourist industry. Journalists reported that a large 
number of prostitutes in brothels around the National District appeared 
to be between 16 and 18 years of age. Newspaper reports indicated that 
as many as 30,000 children and adolescents may be involved in the sex 
industry. There were several church-run shelters that provided refuge 
to children who escaped prostitution. Prostitution was the principal 
means of exploitation of underage girls in the informal economy.
    The Interinstitutional Committee for the Protection of Migrant 
Women, composed of seven governmental institutions, one professional 
association, two nongovernmental organizations and a religious order, 
became the lead organization dealing with this problem through its 
regular monthly meetings and its cosponsorship of an August seminar on 
the role of the State and civil society with respect to fighting 
trafficking. It also assumed a coordination function since it was 
comprised of the key agencies and organizations interested in and 
responsible for combating trafficking.
    The Secretariat of Labor also became much more involved with 
trafficked minors through its program to fight the worst forms of child 
labor. The ILO began a pilot program in Boca Chica to identify and work 
with children involved in the sex trade and to coordinate with the 
Secretariats of Health and Education to provide psychological support 
and medical assistance, and to return the children to the classroom.
    COIN counseled women planning to accept job offers in Europe and 
the eastern Caribbean about immigration, health, and other issues 
including the dangers of trafficking, forced prostitution, and domestic 
servitude. The program also provided services to returning women. COIN 
administered the Center for Health and Migration Information for 
Migrant Women that carried out community education campaigns in high 
risk areas on various issues, including citizenship, legal work 
requirements, dangers of trafficking, forced prostitution, and domestic 
servitude.
    Several laws may be applied to prosecute those who traffic in 
persons, one of which establishes sanctions against alien smugglers 
involved in illegally transporting people into and out of the country. 
That law provides that persons involved in planning, financing, 
facilitating, or organizing the illegal transportation of persons shall 
be imprisoned for a period of 3 to 10 years and fined $600 to $3,000 
(10,000 to 50,000 pesos). However, in practice if these smugglers were 
foreigners, they did not spend time in prison; they were simply 
deported. The law also provides that if military personnel, police 
officers, or agents of the public authority participate in the 
commission of the acts mentioned, the tribunal shall impose the maximum 
penalties. In addition, a law specifically targeting procurers of 
prostitutes may be used to combat trafficking in persons; it imposes 
jail terms of 2 to 10 years and fines of up to $6,000 (100,000 pesos) 
for traffickers involved in the promotion of prostitution. This law 
makes procurement of minors and adolescents, as well as threats of 
violence, aggravating factors. The 1997 Law Against Domestic Violence, 
as well as the Minor's Code, create protection under both civil and 
criminal law against particular situations that may be conducive to, or 
acts that may be a part of, the traffic in persons, whether female or 
male, minors or adults. There is no law that provides substantial 
protection and rehabilitation services to victims of trafficking.
    According to the Directorate of Migration, cases of trafficking 
were investigated actively. In October members of the Armed Forces and 
migration authorities were investigating a ring of traffickers in La 
Vega, a point of origin for many trafficked women who ended up in 
Switzerland and Austria, but no arrests had been made.
    The Oversight Organization for the Protection of Children sought to 
prevent abuse of the child adoption process by those intending to sell 
or exploit children through prostitution or child pornography. The 
Department of Family and Children was concerned about kidnapings, 
especially of infants, for sale to foreigners who deliberately 
sidestepped legal formalities--including those of their own country. 
The Government sought to protect children from being victimized by 
those who would adopt them. Many children left the country as adoptees, 
but government officials made such adoptions more difficult to deter 
would-be traffickers from abusing the system.
    The Government did not have services for assisting trafficking 
victims such as temporary or permanent residency status, relief from 
deportation, shelter, or access to legal, medical and psychological 
services. When trafficked individuals were repatriated from abroad, 
they were given a ``control record'' that went into their official 
police record, and they were interviewed by a Migration Inspector. 
According to COIN, most victims were too embarrassed or afraid to seek 
legal action against traffickers. The Government initiated specialized 
training for Dominican Consuls posted in Europe on how to provide 
assistance to trafficked persons. COIN worked to develop relationships 
with embassies and consulates that serve trafficked victims and with 
other NGOs in destination countries that serve similar populations.
                               __________

                                ECUADOR

    Ecuador is a constitutional republic with a 100-member unicameral 
legislature that was chosen in free and fair elections in October 2002. 
The National Congress is composed of four major parties, six minor 
parties, and three independents spanning the spectrum from center-right 
to extreme left. In November Lucio Gutierrez was elected President and 
will assume office on January 15, 2003, succeeding Gustavo Noboa. The 
judiciary is constitutionally independent but in practice was 
inefficient and susceptible to outside pressure.
    While the civilian authorities generally maintained effective 
control of the security forces, the military enjoyed substantial 
autonomy, which was reinforced by revenues generated from civil 
aviation, shipping, and other commercial sectors. The civilian Ministry 
of government is in charge of the National Police, which is responsible 
for domestic law enforcement and maintenance of internal order. In 
February President Noboa declared a state of emergency in Sucumbios and 
Orellana Provinces due to local anti-government protests; this gave him 
the authority to use troops to monitor and react to public protests. 
Throughout the year, the military continued to supplement the police on 
an ad hoc basis. Some police and members of the military continued to 
commit human rights abuses.
    The economy, which is in the third year of recovery from a severe 
economic recession, is based on private enterprise, although there 
continues to be significant government involvement in key sectors such 
as petroleum, utilities, and aviation. The country's population is 
estimated at 12.2 million. The principal exports are oil, bananas, 
shrimp, and cut flowers, which, together with emigrant remittances and 
tourism, are the country's leading sources of foreign income. Most 
citizens were employed in the urban informal sector or as rural 
agricultural workers; rural poverty was extensive, underemployment was 
high, and there was severe maldistribution of income. A U.N. 
Development Program report estimated that 71 percent of the citizens 
lived in poverty in 2001 of whom 30 percent were indigent, with an 
almost total lack of resources. Annual inflation was approximately 9.4 
percent.
    The Government's human rights record remained poor; although there 
were some improvements in a few areas, serious problems remain. There 
were credible reports that police, security forces, and semiofficial 
entities committed killings using unwarranted lethal force. Security 
forces killed three persons during demonstrations; however, the number 
of killings during demonstrations declined from 2001 levels, and 
members of the security forces also faced prosecution and prison 
sentences for some violations. Police tortured and otherwise mistreated 
prisoners and detainees. Prison conditions remained poor. Persons often 
were subject to arbitrary arrest, and prolonged detention was a 
problem. Once incarcerated, persons without lawyers may wait up to 1 
year before being tried or released. Nearly one-half of the detainees 
in jail have not been sentenced formally. The Government prosecuted a 
few human rights abusers; however, in most cases there was no 
prosecution or punishment. The judiciary was politicized, inefficient, 
and sometimes corrupt, which undermined the rule of law. There was some 
self-censorship in the media. Between June and August, unknown 
assailants broke into the offices of three human rights organizations 
and searched their files and computers. The police used tear gas and 
other methods to quell protesters. Violence and pervasive 
discrimination against women, indigenous people, and Afro-Ecuadorians 
remained problems. Child labor remained a problem. Mob violence and 
vigilante killings persisted. Ecuador 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 
confirmed reports of politically motivated killings; however, there 
continued to be credible reports that police, security forces, and 
semiofficial entities such as neighborhood brigades used excessive 
force and committed killings. (Neighborhood brigades or ``juntas'' are 
civic defense groups organized by the National Police to provide an 
anticrime presence in neighborhoods. Their members were not authorized 
to carry firearms but often did.) Through November the Ecumenical 
Committee for Human Rights (CEDHU) reported 23 killings by security 
forces, compared with 62 killings during all of 2001. In some 
instances, there was insufficient evidence to reach a conclusion as to 
what occurred; however, the killings sometimes exhibited a suspicious 
pattern.
    Three bodies were discovered along the highway around Guayaquil 
during the first 9 months of the year, compared with 26 bodies 
discovered along the highway in 2001. Some human rights groups allege 
that the Intervention and Rescue Group (GIR) police or the semi-
autonomous Guayas Transit Commission police (CTG) (operating under the 
Mayor's anticrime plan Mas Seguridad) were involved in these killings; 
others asserted that criminals were responsible. In almost all of these 
cases over the past 2 years, government agencies did not investigate. 
However, there was a police investigation in the case of David Delgado 
and Carlos Lara, whose bodies were found along the highway around 
Guayaquil on January 1. The bodies showed evidence of torture and 
bullet wounds. A neighbor claimed to have seen six men dressed in GIR 
uniforms take the two victims away in a car on December 29, 2001. Five 
police officers were indicted in the case; as of December, the case 
remained pending in the police court system.
    Security forces killed three persons during demonstrations (see 
Sections l.c. and 2.b.). On January 11, during national protests 
against the Government's increase in the price of fuel, police in the 
city of Cuenca shot and killed 16-year-old student Damian Pena. As of 
December, the case remained under investigation by the prosecutor's 
office. At the time of the killing, students had been throwing stones 
at the police, and the police had fired tear gas at the protesters. On 
February 24, during protests in Sucumbios and Orellana Provinces, a 
house in Lago Agria was destroyed when gas tanks inside the house 
exploded. When police arrived at the scene, they shot and killed 26-
year-old Marcelo Zambrano, who was unarmed. Bystanders said the police 
shot Zambrano because he was slow to comply with an order to lie down 
on the ground. As of December, one policeman was under investigation 
for the killing, and no final decision had been made by the police 
court system. There were reports that a second person, Luis Guerra 
Pachacama, was shot and killed by security forces during the protests 
in Orellana. One witness said that members of the military, who had 
fired tear gas and bullets at demonstrators, shot Pachacama. As of 
December, the investigation into the death of Pachacama appeared to be 
stalled, and no further details in the case were known.
    On March 24, in the town of Puyo, a policeman shot and killed 
Congressman Eduardo Vasconez. According to bystanders, at 3:30 a.m. 
Vasconez and policeman Fausto Bosques Cajas came to blows in an 
argument, and Bosques fired one shot at Vasconez. The cause of the 
argument was unclear, but apparently it started after Bosques had 
stopped some youths. Bosques was charged in the case, but as of 
December, no verdict had been reached.
    In June Rodrigo Ron died in prison under suspicious circumstances 
(see Section 1.c.).
    On July 1, police in Sucumbios detained taxi driver Klever Abad for 
transporting a type of fuel that is used in processing cocaine. 
According to police, Abad threw himself into a river to avoid arrest. 
His body was found several days later,
    24 miles from the bridge, with apparent gunshot wounds. After an 
investigation, a policeman was charged in the case; however, as of 
December, the case remained in the police court system.
    In the case of the February 2001 killing of Joffre Aroca, policeman 
Carlos Rivera spent more than a year in prison without being sentenced. 
Rivera escaped from prison in April but was captured and--after 
returning to prison--was sentenced to 8 years in prison for the murder 
of Aroca. Rivera appealed his sentence and was released from prison at 
the end of April, since he had already served more than a year in 
prison.
    In August 2001, 22-year-old lieutenant Julio Robles died during a 
military hazing event known as a ``baptism,'' which took place at the 
B1-21 Infantry Battalion in Macara. As of December, the case against 
three members of the army remained in the military courts without a 
final resolution. In December President Noboa decreed that the three 
defendants be discharged from the military.
    In March a court sentenced five policemen to 12 years in prison for 
the murder of Pedro and Carlos Jaramillo, and the attempted murder of 
Pedro Baque, in 1999. Baque survived eight gunshots and testified 
against the policemen. The court released three other policemen Baque 
implicated in the attack.
    Six policemen were sentenced to 8 years imprisonment in September 
for the December 2000 murders of Pedro and German Akintiua. The 
policemen killed the father and son, members of the Shuar indigenous 
community, during an altercation. The policemen's appeal of the 
decision remained pending at year's end.
    Three individuals (not members of government security forces) were 
arrested for the 1999 killings of Jaime Hurtado Gonzalez, a member of 
Congress from the far-left Popular Democratic Movement party, and two 
associates. The three were released after spending 1 year in jail. In 
November the prosecutor for the case completed an investigation of the 
case, but at year's end the judge had not decided whether to try the 
three suspects.
    There were cases of mob violence that resulted in lynching and 
burning of suspected criminals (see Section l.e.). Mobs or vigilante 
groups killed 11 crime suspects in the first 9 months of the year; 
individual lynching continued to occur in all parts of the country, 
especially in indigenous communities in remote areas of the highlands. 
For example, on January 27, in the Cuendina neighborhood south of 
Quito, 3 men were accused of robbing a bakery. Hundreds of residents 
assembled, seized the men, beat them, and burned them alive. On July 
13, police in Santa Rosa arrested Franklin Pauta for murder. Police 
attempted to move him to a different town; however, residents blocked 
the highway. The police returned to the police station, where an 
estimated 3,500 residents surrounded them, threw Puata off the second 
floor, and shot him. As of December, there were no reports of arrests 
in either case.
    In 2001 an indigenous group, known as ``Los Justicieros,'' was 
accused of implementing vigilante justice. In July 8 members of this 
group were sentenced to 8 years in prison for kidnaping a judge.
    There was no update in the case against vigilantes for the March 
2001 murder of Patterson Manzano. The case remained stalled in the 
court system.

    b. Disappearance.--There were no reports of politically motivated 
disappearances and no disappearances attributed to the police.
    Nine policemen and one civilian were convicted for the November 
2001 murders of Elias Elint Lopez Pita and Luis Alberto Shinin Lazo: 
Five for premeditated homicide, two as accomplices, and three as 
accessories after the fact.
    Criminal kidnaping for profit continued to be a problem in the 
northern regions that border on Colombia. There were reports of 
extortions and threats of kidnaping of ranchers, farmers, and 
businessmen. There were no reliable estimates of the number of such 
extortions or kidnapings--often attributed to Colombian armed gangs--
since many victims did not report the crimes for fear of retribution.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits torture and similar forms of 
intimidation and punishment; however, the police continued to torture 
and abuse suspects and prisoners, usually with impunity.
    The CEDHU published detailed reports on suspects who reported being 
tortured by specific police officers. Through November it had 
registered 23 cases of torture involving 64 victims and had noted 
complaints of ``physical aggression'' by police or security forces 
against a total of 312 persons. The Permanent Committee for the Defense 
of Human Rights (CDH) reported 10 cases of torture by police and 70 
cases of torture by prison guards between January and September in 
Guayas Province alone. In most cases, the police appeared to have 
abused such persons during investigations of ordinary street crime. The 
victims reported that the police beat them, burned them with 
cigarettes, applied electric shocks, or threatened them. In May five 
persons testified that police in the city of Cuenca submerged them in 
freezing water until they confessed to committing crimes. A special 
commission was formed to investigate the accusations, and as of 
December, four policemen were under investigation.
    In June Rodrigo Ron, former police superintendent for the province 
of Pichincha, died in prison under suspicious circumstances. According 
to the authorities, he died after he fell in his cell. However, an 
autopsy detailed bruises on many parts of his body, broken ribs, and a 
2-inch cut in the back of his head. Ron had been accused of being the 
leader of a band of car thieves. After the press revealed 
inconsistencies between the initial story and the autopsy, prison 
authorities began an investigation. By year's end, the case was under 
investigation by a prosecutor, but no charges had been filed.
    No action was taken in the February 2001 case of the alleged 
torture of warehouse clerk Jose Ramires by members of the National 
Police and the Air Force Combat Command in Guayaquil, and none appeared 
likely.
    There were complaints that security forces used excessive force 
during demonstrations and that protesters were beaten while in 
detention. (see Sections 1.a. and 2.b.).
    Police corruption was also a problem. Charges were dropped in April 
against former Guayas Police Chief and Intelligence Director General 
Abraham Correa for drug trafficking in the case against drug trafficker 
Carlos Hong. Correa frequently had visited Hong's residence and 
business and had intervened to free Hong's wife when she was arrested. 
One of Correa's subordinates still faced charges in the case. A total 
of 150 police officers were fired in 2001 for infractions related to 
human rights violations or corruption.
    There was no activity in the cases of police officer Freddy Veloz 
and off-duty corporal Miguel Noriega who in 2000 had been accused, 
respectively, of rape and of shooting and wounding another person.
    Unknown parties set off 14 small bombs during the year. On 
September 25, pamphlet bombs exploded in Guayaquil at the headquarters 
of the Social Christian Party and at a branch office of Ecuador's 
largest bank. One individual was injured. Pamphlets left at both sites 
said that the ``Revolutionary Militia of the People'' was responsible.
    Conditions in prisons and detention centers generally were poor and 
tended to be worse in the tropical coastal areas than in the temperate 
highlands. Overcrowding was a chronic problem elsewhere. According to 
the National Judiciary Board, in September there were 9,641 inmates 
incarcerated in facilities originally designed to hold 6,571 prisoners. 
In Manabi Province, where 3 prisons were built to hold 390 prisoners, 
there were 620 inmates in September. Prison authorities routinely 
investigated deaths in custody. During the year, a number of prisons 
experienced serious outbreaks of disease, including meningitis. In 2001 
Congress increased the penalties for serious offenses in an attempt to 
curb rising crime. Prison officials feared the measures would 
exacerbate overcrowding, but overcrowding did not increase 
significantly. Pretrial detainees are not held separately from 
convicted prisoners. There are no separate facilities for repeat 
offenders or dangerous criminals, nor are there effective 
rehabilitation programs. Construction of new prisons was underway. 
During the year, the daily amount allocated for prison rations 
increased from 70 cents to 75 cents per inmate.
    The Constitution requires that prisoners charged with lesser 
offenses (those carrying a maximum sentence of 5 years or less) and who 
have been detained for more than 1 year without a trial obtain their 
freedom immediately. By August approximately 2,420 inmates had been 
released under this law since it went into force in 1999.
    Inmates in a number of prisons protested against a proposed change 
to sentencing guidelines. Inmates sentenced for a number of less 
serious crimes routinely serve only half their sentence. The proposed 
change would have mandated increased jail time for these prisoners. In 
February prisoners began protests, including hunger strikes, and in May 
inmates in a Quito prison held approximately 300 visitors hostage. The 
proposal was dropped by the Attorney General on May 30, and the 
prisoners' protests ended.
    At year's end, women constituted 9 percent of the total prison 
population. Women were held separately from men, and conditions were 
notably better in the women's prison in Quito than in other facilities. 
There also were separate facilities for juveniles. Children in these 
facilities often faced abuse.
    The Government permitted prison visits by independent human rights 
observers. The National Police Directorate Specializing in Children 
(DINAPEN) served as a monitoring group for preventing abuse in prisons.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution and the 
Penal Code provide that no person may be deprived of liberty without a 
written order from a governmental authority; however, the authorities 
often violated these legal protections in practice, and arbitrary 
arrest and detention remained problems. The law requires the 
authorities to issue specific written arrest orders within 24 hours of 
detention--even in cases in which a suspect is caught committing a 
crime--and the authorities must charge the suspect with a specific 
criminal offense within 48 hours of arrest. All detained persons may 
challenge the legality of their detention by petition within 48 hours 
of their arrest, but in practice few such petitions were brought 
forward. The senior elected official (usually the mayor) of the 
locality in which the suspect is held reviews any such petitions. 
Regardless of the legality of a detention, a prisoner may be released 
only by court order. In some cases, detainees who are unaware of this, 
or who do not have the funds to hire a lawyer, may remain in prison for 
an extended period of time before being released. Bail generally is not 
available, and the law prohibits it in cases of narcotics and major 
offenses (i.e., offenses that ``affect or put at risk'' the public, 
punishable by 3 to 35 years imprisonment).
    Although the law prohibits incommunicado detention, human rights 
organizations continued to report occasional cases of this practice. 
Even when the police obtain a written arrest order, those charged with 
determining the validity of detention often allowed frivolous charges 
to be brought, either because they were overworked or because the 
accuser bribed them. The system frequently was used as a means of 
harassment in civil cases in which one party sought to have the other 
arrested on criminal charges. Investigative detention up to and 
including trial is legal if a judge determines that it is necessary and 
if evidence that a crime has been committed is presented. The new 
Criminal Procedures Code limits immediate detention to 48 hours for 
suspicion of committing a crime and establishes preventive detention of 
6 months for minor offenses and 12 months for major offenses once trial 
has begun.
    There were mass arrests during protests in January and February 
(see Sections 1.a. and 2.b.). During the January protests, according to 
Amnesty International, police detained over 200 protesters some of whom 
reported being beaten during their detention. The authorities arrested 
approximately 100 persons during the state of emergency in Sucumbios 
and Orellana Provinces in February and early March. Most were released 
in early March.
    The Constitution prohibits forced exile, and the Government does 
not use it.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice the judiciary was 
susceptible to outside pressure and corruption. Despite continuing 
efforts to depoliticize and modernize the court system, the judiciary 
continued to operate slowly and inconsistently. Judges reportedly 
rendered decisions more quickly or more slowly as a result of political 
pressure, or in some cases, the payment of bribes. A 2001 survey by the 
Latin American Corporation for Development revealed that 54 percent of 
judges believed that other judges were corrupt. There were lengthy 
delays before most cases came to trial.
    The judiciary is composed of the Supreme Court, superior circuit 
courts, other courts and tribunals that hear cases in accordance with 
the Constitution and other laws, and the Judicature Council, which is 
charged with administering the court system and disciplining judges. 
There also are military and police tribunals that have the same status 
as circuit courts, while criminal, provincial, and cantonal (county) 
courts serve as courts of first instance.
    The regular court system tries most nonmilitary defendants, 
although some indigenous groups try members independently for 
violations of tribal rules. The law permits police or military courts 
to try police officers and military defendants in closed sessions, in 
accordance with the respective military and police court martial 
manuals. Only the Supreme Court may try cases involving flag-rank 
officers. The police court does not announce verdicts or punishments, 
reinforcing the strong impression that the police are immune from 
prosecution. The 1998 Constitution places both police and military 
justice under the control of the Supreme Court. However, the three 
systems have not yet been integrated, although weak efforts to do so 
continued.
    The Supreme Court that took office in 1997 publicly recognized the 
shortcomings of the judicial system and pledged to improve the quality 
and training of judges. In 1998 the Supreme Court supervised the 
selection by open competition of all appellate judges. Between January 
and September, the Judicature Council that took office in 1998 received 
891 complaints against various judges. Thirty judges were dismissed 
from their posts during the year. There are over 55,000 laws and 
regulations in force. Many of these are conflicting, and judges have 
been known to pick and choose from archaic legislation in an arbitrary 
or capricious manner. The resulting lack of clear rules contributes to 
what widely is referred to as ``juridical uncertainty.''
    The failures of the justice system contributed to a growing number 
of cases in which communities took the law into their own hands. 
Lynching and burnings of suspected criminals by citizens and quasi-
official groups continued (see Section 1.a.). These occurred 
particularly in indigenous communities and poor neighborhoods of major 
cities, where there is little police presence.
    The law provides for due process rights for criminal defendants, 
but the authorities, including the Chief Prosecutor's office, often did 
not observe these rights in practice. By law the accused is presumed 
innocent until proven guilty, and defendants have the right to a public 
trial, defense attorneys, and appeal. They may present evidence, refuse 
to testify against themselves, and confront and cross-examine 
witnesses. Although a public defender system exists, in practice there 
are almost no attorneys available to defend the large number of 
impoverished suspects.
    Trial is supposed to begin within 15 to 60 days of the initial 
arrest; however, in practice initiation of the trial phase can take 
years. Nearly half of all incarcerated persons had not been tried and 
sentenced. Accused narcotics traffickers and suspects in major crimes 
cannot obtain bail or be released on their own recognizance.
    In July 2001, a new Criminal Procedures Code went into effect and 
fundamentally changed the criminal justice system from an inquisitorial 
system to an accusatorial system. Under the new system, the Chief 
Prosecutor's office is to investigate and prosecute crimes, while the 
role of judges is to become neutral arbiters presiding over oral 
trials. Previously, judges and their staffs investigated crimes with 
the help of the police while the public prosecutors (``fiscales'') 
monitored the judges' progress. Under the new system, prosecutors have 
wide discretion in deciding which cases can proceed. The judiciary now 
hears criminal cases in oral trials, compared with the previous slow, 
predominantly written inquisitorial system. The National Police 
continued to work as investigators, but now are under the direction of 
the prosecutors. There are no juries in the justice system. The new 
code is intended to strengthen the justice system by improving due 
process and enhancing the rights of the accused through measures such 
as habeas corpus and limits on preventive detention (see Section 1.d.). 
In December the Government authorized the formation of an organizing 
committee to coordinate implementation of the abrupt change in roles, 
functioning, and procedures for the criminal justice system. The 
supplies and training available remained inadequate to meet the newly 
expanded role of the prosecutor's office.
    The 1998 Constitution also explicitly recognizes the indigenous 
communities' right to exercise their own system of justice, based on 
their traditions and customs. However, the law does not yet specify how 
this is to work in practice. This parallel system has raised questions 
of both jurisdiction and conformity to the right to a fair trial.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law prohibits such practices, government 
authorities generally respected these prohibitions, and violations were 
subject to effective legal sanctions. Wiretapping by the national 
police to investigate crimes is legal with a court order. However, 
members of the police did conduct wiretapping that is not officially 
sanctioned, in part due to a lack of specific procedural guidance.

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 provisions in practice; however, there were some 
significant exceptions.
    Individuals criticized the Government publicly and privately 
without fear of reprisal. There is a free and vigorous press. Ownership 
of the media is broadly based, and editorials represented a wide range 
of political views and often criticized the Government. However, some 
degree of self-censorship in the print media occurred, particularly 
with respect to politically sensitive issues or stories about the 
military and its related industries. Self-censorship appeared to have 
operated in the media coverage of the labor dispute on a banana 
plantation owned by wealthy businessman and presidential candidate 
Alvaro Noboa (see Section 6.b.). This dispute received little coverage 
in the national media, despite Noboa's economic and political 
prominence. In addition, most elements of the media were influenced by 
economic considerations and tended to reflect the narrow, regional 
interests of their owners.
    All of the major media organs--newspapers, radio, and television--
are locally and privately owned, except for one government-owned 
national radio station. The law limits foreign investment in broadcast 
media. Using a law promulgated by the last military regime that 
requires the media to give the Government free space or broadcast time, 
the Government may and did require television and radio to broadcast 
programs produced by the Government featuring the President and other 
top administration officials.
    According to the Inter-American Press Association, during the state 
of emergency that occurred in Sucumbios and Orellana Provinces in 
February (see Sections 1.a. and 2.b.), the Government ordered four 
radio stations to stop broadcasting anything other than music for 3 
days, in the interest of public security.
    The Government did not restrict academic freedom.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of free assembly for peaceful purposes, and the 
Government generally respected this right in practice; however, there 
were some limits, and security forces used force to quell some 
demonstrations, resulting in deaths and injuries (see Sections 1.a. and 
1.c.). Public rallies require prior government permits, which generally 
were granted, although exceptions occurred.
    In January there were significant protests around the country 
against an increase in fuel prices (see Sections 1.a. and 1.d.). Police 
used tear gas, detained approximately 200 protesters, killed one 
person; at least 9 others suffered mostly minor injuries. In February 
and March, demonstrators blocked roads, and disrupted business in the 
Amazonian provinces of Sucumbios and Orellana (see Sections 1.a. and 
1.d.). Police and military forces again used tear gas, killed 2 
persons, injured several others, and arrested approximately 100 
demonstrators. There was no official review of the level of force used 
to restore order. In the cases of the killings, there was no indication 
that the demonstrators posed a serious threat to the police.
    Numerous other labor and student demonstrations took place without 
major incident in the capital and the outlying regions during the year. 
Protesters often blocked roads (see Section 2.d.). In general the 
security forces intervened in demonstrations only when there was 
violence against bystanders or destruction of property.
    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. The Government does not require religious groups to be 
licensed or registered unless they form non-governmental organizations 
(NGOs) that engage in commercial activity.
    The overwhelming majority of the population consider themselves to 
be Roman Catholic, although many citizens either did not regularly 
practice the religion or followed a syncretistic version that combines 
indigenous beliefs with orthodox Catholic doctrine. The Government 
allowed missionary activity and religious demonstrations by all 
religions. The Government did not permit religious instruction in 
public schools; private schools are permitted to teach religion, as are 
parents in the home. There are no restrictions on publishing religious 
materials in any language.
    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, frequent military and police roadblocks often presented 
problems for travelers using public transportation, especially at 
night. Protesters often blocked roads (see Section 2.b.). The 
Government requires all citizens to obtain exit visas when traveling 
abroad, which are granted routinely. Military and minor applicants must 
comply with special requirements.
    The law provides for granting refugee and asylee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol. The Government cooperated with the U.N. 
High Commissioner for Refugees (UNHCR) and other humanitarian 
organizations in assisting refugees. 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.
    The Foreign Ministry reported that for the year there were 6,270 
applications for refugee status. Since January 2000, a total of 10,958 
individuals had applied, and at year's end, 5,595 applicants awaited 
determination of their status. During the year, the authorities denied 
1,365 applications and granted 1,713. Approximately 99 percent of these 
refugees and applicants were Colombians; according to the UNHCR, the 
majority of displaced Colombians were impoverished peasants fleeing 
fighting, but some were adolescents escaping forced recruitment by 
illegal armed groups in Narino and Caqueta. Most displaced persons 
still came from Putumayo and transited Sucumbios, Quito, and Tulcan to 
return home. The Government and the UNHCR developed a plan to cope with 
a potential refugee influx into Sucumbios Province of up to 10,000 
persons.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercise this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. In October a new Congress was elected, and in 
November voters selected Lucio Gutierrez in the second round 
presidential election. Election observers from the Organization of 
American States, the European Union, and the Ecuadorian NGO Citizen 
Participation termed the elections peaceful, free, and fair. President-
elect Gutierrez will assume office on January 15, 2003, succeeding 
Gustavo Noboa. The President's term is 4 years, and the President may 
not serve consecutive terms.
    Deputies are elected to Congress for 4-year terms. Several parties 
were represented in the 100-member Congress, and no one party 
dominated. The Social Christian Party had the most seats (26). There 
were also three other major parties and six smaller parties represented 
in Congress. Eighteen members of Congress ran on an alliance of two or 
more parties.
    Voting is mandatory for literate citizens over 18 years of age and 
voluntary for illiterate citizens. The law does not permit active duty 
members of the military to vote. The Constitution bars members of the 
clergy and active duty military personnel from election to Congress, 
the presidency, or the vice presidency. The Constitution provides that 
if a political party fails to garner a minimum of 5 percent of the 
votes in two open elections, the party must be eliminated from the 
electoral registry. Twelve parties were registered.
    No specific laws prevent women or minorities from attaining 
leadership positions in government. President-elect Gutierrez won the 
election in alliance with Pachakutik, the largest indigenous political 
party. However, few women, indigenous people, or Afro-Ecuadorians 
occupied senior positions in government. A 1998 law requires that in 
2000 at least 30 percent of the candidates for Congress and some local 
positions be women, and that in each subsequent election an additional 
5 percent of the candidates be women (for example, 35 percent in 2002), 
until 2008 when 50 percent of the candidates are to be women. Women 
held 17 of 100 seats in Congress, the largest proportion in the 
country's history. President-elect Gutierrez named four female cabinet 
ministers, including the first female Minister of Foreign Affairs.
    The indigenous movement, which previously shunned politics, formed 
the electoral movement ``Pachakutik'' and has run candidates for 
national, provincial, and local office in all elections since 1996. In 
November's elections, Pachakutik formed an alliance with President-
elect Gutierrez. Pachakutik has five members in Congress, and an 
additional nine members of Congress ran on an alliance ticket that 
included Pachakutik. Pachakutik is associated closely with the 
politically active Confederation of Ecuadorian Indian Nationalities 
(CONAIE). Indigenous members of the National Constituent Assembly and 
their supporters won important constitutional protections for 
indigenous rights in the 1998 Constitution. President-elect Gutierrez 
named two indigenous cabinet members.

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 restriction, investigating and publishing their findings on 
human rights cases. Domestic human rights groups, such as the CEDHU and 
the regional Latin American Human Rights Association (ALDHU), were 
outspoken in their criticism of the Government's record on specific 
cases. The Government has contracted with the ALDHU to provide 
mandatory human rights training to the military and the police.
    The offices of three human rights groups were broken into between 
June and August. The nature of the break-ins indicated that these were 
not simple robberies. Files were opened, laptop computers were turned 
on but not stolen, and in one case a computer hard drive was stolen. 
The police investigations appeared to be superficial and no arrests 
were made.
    In September during a press conference in Quito, a visiting senior 
U.N. official publicly questioned President Noboa's grasp of human 
rights following Noboa's August criticisms of ``some'' human rights 
groups for ``protecting criminals'' and ``threatening national 
security.''
    The office of the Ombudsman (``Defensor del Pueblo'') was created 
in 1998 to ensure ongoing attention to human rights problems; however, 
some observers criticized its lack of independence in practice. In 2000 
Congress removed the Ombudsman from office on charges of fraud for acts 
that he committed while he was acting Attorney General, and Congress 
has not named a permanent replacement. Claudio Mueckay continued as 
acting Ombudsman at year's end. In November the office of the Ombudsman 
completed a new procedures manual that will be used to ensure that the 
procedures of all local ombudsman offices throughout the country are 
uniform.
    In 1998 the Government decreed an ambitious National Human Rights 
Plan with the goal of preventing, penalizing, and eradicating human 
rights violations in the country. The three branches of government, as 
well as the independent Ombudsmen's office and a number of NGOs 
contributed to development of this plan, and the U.N. contributed funds 
to support it. The Government continued to implement various aspects of 
the plan, including training of the Congress on human rights matters, 
seminars, publication of documents, and a contingency plan for 
refugees. In October several prominent human rights NGOs publicly 
criticized the Government's lack of progress in implementing the plan. 
In December the Government released its ``Human Rights Operative Plan'' 
which described possible mechanisms for implementing the National Human 
Rights Plan.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution prohibits discrimination based on race, sex, or 
social status. In addition, the 1998 constitutional reforms explicitly 
increased the rights of women, children, and minorities, and required 
Congress to pass legislation implementing these rights promptly. 
Congress has been only partially successful in carrying out this 
mandate. Women, indigenous people, and Afro-Ecuadorians continued to 
face significant discrimination.

    Women.--Although the law prohibits violence against women, 
including within marriage, abuses were widespread. The Law Against 
Violence Affecting Women and Children criminalized spousal abuse, 
including physical, sexual, and psychological abuse; created family 
courts; and reformed the Penal Code to give courts the power to remove 
an abusive spouse from the home. The law also gives legal support to 
the Government's Women's Bureau in cases of sexual harassment in the 
workplace.
    The Office of Gender, in the Ministry of government, reported 
50,794 cases of sexual, psychological, or physical mistreatment of 
women in 2000. Women may file complaints against a rapist or an abusive 
spouse or companion only if they produce a witness. Some communities 
have established their own centers for counseling and legal support of 
abused women. The Government addressed such problems through its 
Women's Bureau; however, although the Bureau can accept complaints 
about abuse of women, it has no authority to act on the complaints but 
refers cases to the prosecutor's office. The Women's Bureau has 
projects in all provinces.
    Many rapes were not reported due to the victims' reluctance to 
confront the perpetrators. The penalty for rape is up to 25 years in 
prison. In cases of statutory rape involving ``amorous'' sex with a 
minor, if the rapist marries the victim the charges against him, or 
anyone else who took part in the rape, cannot be pursued unless the 
marriage subsequently is annulled. In 2001 Congress increased the 
penalty for rape where death occurred to 35 years in prison.
    Sexual harassment in the workplace was common. Typical cases of 
sexual harassment reported in the press involved instances where a 
supervisor solicited sexual favors from an employee.
    Regulated adult prostitution is legal so long as the businesses are 
registered with the Government and follow health regulations.
    Discrimination against women is pervasive in society, particularly 
with respect to educational and economic opportunities for those in the 
lower economic strata. The increasingly active women's movement alleged 
that culture and tradition inhibited achievement of full equality for 
women. There were fewer women than men employed in professional work 
and skilled trades, and pay discrimination against women was common.
    The Ecuadorian Women's Permanent National Forum included more than 
320 women's organizations and promoted social, economic, and cultural 
change through various methods, including increasing political 
participation by women. In addition, the National Women's Council 
provides support for approximately 500 women's organizations, many of 
which promoted social consciousness and greater participation by women 
in the political process. The Women's Political Coordinator, an NGO 
that operated in 22 provinces, promoted similar themes relating to 
women's rights, with emphases on political participation and human 
rights. It also focused on young women and Afro-Ecuadorian women.

    Children.--The Government did not take effective steps to provide 
for the welfare of children. The Constitution requires that children 
achieve ``a basic level of education,'' estimated at 9 years of school; 
however, due to the lack of schools in many rural communities, the 
Government's failure to provide adequate resources, and the economic 
needs of families, the Government rarely enforced this requirement in 
practice. The National Statistics Institute reported in 2001 that 1 out 
of 6 citizens between the ages of 13 and 20 had not completed the sixth 
grade. Education is free. The Constitution provides that 30 percent of 
the public budget must be devoted to education; however, in practice 
only half of that amount was spent. The Government has programs in 18 
urban areas that provide families with educational subsidies as an 
incentive to keep children in school. In rural areas, many children 
attend school only sporadically after 10 years of age to able to 
contribute to household income as farm laborers (see Section 6.d.).
    There is no societal pattern of abuse against children.
    Child prostitution was a problem (see Section 6.f.)
    Government resources to assist children traditionally have been 
limited. Approximately 61 percent of children under the age of 5 years 
are malnourished. After declining in previous years, it appeared that 
government spending on education slightly increased during the year.
    More than 20 NGOs promoted child welfare. Several private 
organizations were very active in programs to assist street children, 
and UNICEF also ran a program in conjunction with the Central Bank. The 
children of the poor often experienced severe hardships, especially in 
urban areas.

    Persons with Disabilities.--There was no official discrimination 
against persons with disabilities in employment, education, or the 
provision of other state services. The Constitution recognizes the 
rights of persons with disabilities. In April 2001, Congress passed 
legislation to promote the rights of persons with disabilities, 
including access to education, employment, transportation, and 
communication. However, the Government has few resources to ensure 
access to these services in practice. In September the U.N. awarded the 
country the Franklin Delano Roosevelt International Disability Award in 
recognition of its creation of a national council and a national plan 
for persons with disabilities.

    Indigenous Persons.--While at least 85 percent of all citizens 
claim some indigenous heritage, those who maintain their indigenous 
cultural identity and live in indigenous communities comprise between 
15 and 20 percent of the total population. The vast majority of 
indigenous citizens reside in rural areas, including the highlands and 
the Amazonian provinces, and most live in varying degrees of poverty. A 
2000 government study found that 79 percent of indigenous children 
lived under the poverty line. Land is scarce in the more heavily 
populated highland areas, where high infant mortality, malnutrition, 
and epidemic disease were common. Electricity and potable water often 
were unavailable. Although the rural education system was seriously 
deficient, many indigenous groups participated actively with the 
Ministry of Education in the development of the bilingual education 
program used in rural public schools.
    The Constitution recognizes the rights of indigenous communities to 
hold property communally, to administer traditional community justice 
in certain cases, and to be consulted before natural resources are 
exploited in community territories. Indigenous people also have the 
same civil and political rights as other citizens. In the Amazon area, 
indigenous groups have lobbied the Government, enlisted the help of 
foreign and domestic NGOS, and mounted protests (including kidnaping 
oil workers in December) in their attempts to win a share of oil 
revenues and a voice in exploitation and development decisions. The 
Constitution expressly recognizes the indigenous communities' right to 
be consulted on, but not the right to approve, oil exploration and 
development. The communities tended to be consulted on such matters, 
although their wishes were not always met. Oil companies increased 
their efforts to minimize the environmental and social impact of their 
oil projects in the Amazon but continued to face criticism from 
indigenous groups that environmental damage continued.
    Despite their growing political influence and the efforts of 
grassroots community groups, which were increasingly successful in 
pressuring the Government to assist them, indigenous people continued 
to suffer discrimination at many levels of society. With few 
exceptions, indigenous people were at the lowest end of the 
socioeconomic scale.
    Following protests in January and February 2001, the three main 
indigenous groups--CONAIE, the Federation of Indigenous and Black 
Peasants of Ecuador (FENOCIN), and the Federation of Evangelical 
Indigenous of Ecuador (FEINE)--tabled 23 topics for discussion with the 
Government, including the claims by indigenous groups for indemnities 
over lives lost during the protests. After President-elect Gutierrez 
won in alliance with the mostly indigenous political party Pachakutik, 
the talks were discontinued.
    CONAIE was at the forefront of protests in 2000 that toppled 
President Mahuad. CONAIE also attempted to arrange a popular referendum 
and engaged in public demonstrations to protest government economic 
austerity measures and to urge the repeal of economic modernization 
laws involving privatization of state-owned enterprises.

    National/Racial/Ethnic Minorities.--The population of the rural, 
northern coastal area includes large numbers of Afro-Ecuadorian 
citizens. They suffered widespread poverty and pervasive 
discrimination, particularly with regard to educational and economic 
opportunity. There were no special government efforts to address these 
problems.
    Five major Afro-Ecuadorian organizations were active in the 
country; the largest was the National Afro-Ecuadorian Confederation, 
with headquarters in Quito. It estimated that Afro-Ecuadorians 
accounted for more than one million persons, or approximately 9 percent 
of the total population. While the presence of Afro-Ecuadorians has 
grown in the fields of sports and culture, their educational 
opportunities continued to be limited.
    The press has focused on lingering racism among all strata of 
society. Afro-Ecuadorian organizations noted that despite the absence 
of official discrimination, societal discrimination, including 
stereotyping, continued to affect them. For example, they asserted that 
the police stop Afro-Ecuadorians for document checks more frequently 
than they stop other citizens.

Section 6. Worker Rights

    a. The Right of Association.--The Constitution and Labor Code 
provide most workers with the right to form trade unions. The labor 
code does not explicitly prohibit employers from interfering in the 
establishment or functioning of worker organizations; however the labor 
code explicitly prohibits employers from dismissing workers while they 
are forming a union or negotiating a collective contract, although the 
penalties for violations are relatively minor. Members of the police 
and the military and public sector employees in nonrevenue producing 
entities are not free to form trade unions. The 1991 Labor Code reforms 
sets the number of workers required for an establishment to be 
unionized at 30, which the International Labor Organization's Committee 
on Freedom of Association considers too stringent a limitation at the 
plant workers' council level. In June the ILO again criticized the 30-
worker minimum and called for the Government to take the necessary 
measures to amend its labor code. In its 2002 Annual Survey of 
Violations of Trade Union Rights, the ICFTU reported that 60 percent of 
the enterprises in the country employed fewer than 30 workers, with 
approximately 1 million workers excluded from organizing a union. 
Although the Congress debated additional labor reforms, labor law 
remained in flux because the Constitutional Court ruled in 2001 that 
some recent labor legislation was unconstitutional (see Section 6.e.). 
The court's ruling nullified several articles that the Government 
stated provided flexibility to employers but that some observers 
claimed undercut constitutional protections of worker rights.
    Some companies have taken advantage of the law that prohibits 
unions from organizing at companies that have less than 30 employees by 
sub-contracting with several shell companies, each of which has less 
than 30 workers. Under the Labor Code, these subcontracted workers have 
no legal right to freedom of association or right to bargain 
collectively with the companies that ultimately benefit from their 
labor, nor do they have legal protection against anti-union 
discrimination.
    Labor laws intended to protect workers' rights to freedom of 
association and to form and join trade unions are inadequate and failed 
to deter employers from retaliating against workers for organizing. 
Neither the Constitution nor the Labor Code requires reinstatement of 
workers fired for union activity. The Government's failure to enforce 
its labor laws and its lack of sufficient legal protection for workers' 
rights allowed employers to violate workers' rights with impunity.
    While employees of state-owned organizations enjoy rights similar 
to those in the private sector, the law technically prevents the 
majority of public sector employees from joining unions or exercising 
collective bargaining rights. However, most public employees maintained 
membership in some labor organization.
    Under the law, unions may form freely (if the company has the 
requisite 30 employees) and join federations or confederations, and 
three of the large labor centrals maintained international 
affiliations.
    The Labor Code provides for resolution of labor conflicts through 
an arbitration and conciliation board that consists of one 
representative of the Ministry of Labor, two from the union, and two 
from management.

    b. The Right to Organize and Bargain Collectively.--The labor 
market is highly segmented, with a minority of workers in skilled, 
usually unionized, positions in state-run enterprises or in medium-to-
large industries. Approximately 12 percent of the work force was 
organized. Most of the economically active population was employed in 
the agricultural sector or the urban informal sector; the vast majority 
of these workers were not organized.
    Although the labor confederations were politically independent, the 
two largest single labor unions, the National Union of Educators (UNE) 
and the Union of Social Security Workers, were allied with the 
Democratic Political Movement, a communist party. There are five large 
labor confederations or centrals; no central was connected firmly to 
any one political party, and there were no ties between the Government 
and any labor union.
    The Labor Code requires that all private employers with 30 or more 
workers belonging to a union must negotiate collectively when the union 
so requests. Collective bargaining agreements covered only one-quarter 
of the approximately 12 percent of the work force that is organized. A 
2000 labor law allowed businesses to hire workers on ``individual 
contracts,'' but the practice has not become prevalent because Congress 
began a review of the law and has not clarified its status.
    The Labor Code streamlined the bargaining process in state 
enterprises by requiring workers to be represented by only one labor 
union. It prohibits discrimination against unions and requires that 
employers provide space for union activities upon the union's request. 
If the Ministry of Labor rules that a dismissal of an employee is 
unjustified, it can require the employer to pay indemnities or 
separation payments to the worker of 125 percent of a month's salary 
for each year worked, although the reforms set a cap on such payments. 
These payments were relatively low for workers earning the minimum wage 
(i.e., payments of $400 or less), and the law does not require 
reinstatement of workers fired for anti-union activity. Workers 
generally were protected against antiunion discrimination only by 
pressure from the union. The ILO Committee of Experts found that the 
imposition of a fine ``provided for by law in all cases of unjustified 
dismissal, when the real motive is . . . trade union membership or 
activity'' is an inadequate protection against anti-union 
discrimination.
    Employees also worked on temporary contracts, especially in the 
agricultural sector. While the Labor Code establishes a cap of 180 
consecutive days for each contract, it does not prohibit the use of 
consecutive 180-day contracts. Some ``temporary'' workers may work for 
the same company (often for different sub-contractors of the same 
company) for an extended period of time under a series of short-term 
contracts. In practice it was difficult to organize temporary employees 
on short-term contracts. Since the Labor Code does not recognize 
temporary workers, they do not enjoy the same level of protection 
offered to other workers.
    There are few restrictions on the right of workers to strike, 
although a 10-day cooling-off period is required before a strike can be 
declared. The Labor Code limits solidarity strikes or boycotts to 3 
days, provided that the Labor Ministry approves them. In some 
industries, during a legal strike, workers may take possession of the 
factory or workplace (thus ending production at the site) and receive 
police protection during the takeover. However, in other industries, 
such as agriculture, the law requires a 20-day waiting period from the 
day the strike is called. During this time, workers and employers must 
agree on how many workers are needed to ensure a minimum service, and 
at least 20 percent of the workforce must continue to work in order to 
provide essential services. The Labor Code provides that ``the employer 
may contract substitute personnel'' only when striking workers refuse 
to send the number of workers to provide the minimum necessary 
services. The law does not explicitly prohibit the hiring of 
strikebreakers by subcontractors or other third parties that are not 
legally the striking workers' employer; however, the Labor Code 
prohibits an employer from contracting substitute workers during a 
strike, although in practice this law was not enforced. The employer 
must pay all salaries and benefits during a legal strike; the Labor 
Code protects strikers and their leaders from retaliation. The law does 
not provide public workers with the right to strike and includes a 
provision that striking public sector workers are liable to between 2 
and 5 years in prison; however, there were frequent ``illegal'' 
strikes. The Government occasionally took action against striking 
public workers and, during the year, ordered striking public health 
workers back to work.
    There were several significant strikes during the year. On May 6, 
workers at the Los Alamos banana plantation, owned by presidential 
candidate Alvaro Noboa, went on strike to protest poor working 
conditions. On May 16, between 200 and 400 men attacked the striking 
workers. Several workers were injured and one worker had his leg 
amputated as the result of a gunshot wound. The police arrested 16 of 
the attackers, but they were released on habeas corpus. However, the 
prosecutor's investigation did not address the primary claims made by 
the workers that they were threatened at gunpoint and that several were 
wounded by the attackers. In October the prosecutor charged the 16 
individuals (who claimed to be plantation guards) with misuse of 
firearms and wounding of a police officer. Labor arbitration panels 
ruled against the strikers on the grounds that they had not met legal 
requirements for a strike, and in October the Superior Arbitration 
Panels rejected the workers' appeal.
    Public health workers, including doctors and nurses, went on strike 
in February and July to demand higher wages and better working 
conditions.
    The 1990 Maquila Law permits the hiring of temporary workers for 
the maquila (in-bond processing for export) industries. The maquila 
system allows a company and its property to become an export-processing 
zone wherever it is located. There were no unions or labor associations 
in the maquilas. Most workers were hired on temporary contracts by the 
employer to complete a specific order. Many such ``zones'' have been 
established; most were relatively small and were dedicated to textiles 
and fish processing.

    c. Prohibition of Forced or Bonded Labor.--The Constitution and the 
Labor Code prohibit forced or bonded labor, including by children, and 
there were no reports of it in general; however, there were reports of 
children forced into prostitution (see Section 5)

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--In December President Noboa signed a new law on minors 
that includes a section on child labor. The new law raises the minimum 
working age for minors from 14 to 15, for all types of labor. It also 
reduces the maximum hours a minor may work to 6 hours per day, and 5 
days a week. The law prohibits minors from working in hazardous 
conditions, including in mines, with toxic or dangerous substances, or 
with dangerous machinery. Employers are required to pay minors at least 
80 percent of the wages received by adults for the same type of 
employment. The law also increases the penalties for illegal child 
labor. The parents or guardians can be fined $50 to $300 and the 
employers $200 to $1,000 for participating in child labor. In cases of 
repeated infractions the employer's business can be closed.
    The Government formed the National Committee for the Progressive 
Eradication of Child Labor in 1997--with a membership including 
government agencies, and business and labor organizations--charged with 
formulating a national plan for the eradication of child labor. During 
the year, the Committee worked with the ILO's International Program on 
the Elimination of Child Labor to conduct several industry specific 
studies on child labor.
    In practice the Ministry of Labor and the Minors' Tribunals fail to 
enforce child labor laws, and child labor is prevalent. Despite the 
economic recovery over the past 3 years, the situation has not improved 
substantially, in part due to the emigration abroad of many parents who 
have left their children behind. Urban child labor has increased with 
the migration of the rural poor to the cities. A 2000 UNICEF report 
estimated that almost half of the children between the ages of 10 and 
17 worked. The National Statistics Institute (INEC) reported that in 
2001 over 130,000 children 14 years old or younger worked. A separate 
INEC study in 2001 reported that 455,000 children under the age of 15 
worked.
    In rural areas, young children often must leave school at an early 
age to help out on the family's plot of land. More than 60 percent of 
all children live in rural areas and did unpaid agricultural work for 
their families. In April Human Rights Watch published a report of the 
labor conditions on banana plantations. The 45 children interviewed for 
the report described working long hours on the plantations in dangerous 
conditions and without the proper safety equipment for the pesticides 
that are used on the plantations. The Ministry of Labor did not devote 
adequate resources to investigate exploitative child labor practices.
    The Ministry of Labor has designated a ``Social Service 
Directorate'' to monitor and control child labor in formal sector 
businesses such as factories. In some instances the Directorate applied 
sanctions, but in other cases, it merely helped to provide documents to 
child workers. In urban areas, many children under 12 years of age 
worked in family-owned ``businesses'' in the informal sector, shining 
shoes, collecting and recycling garbage, or as street peddlers. Other 
children were employed in commerce, messenger services, domestic 
service, and begging. Children as young as 5 or 6 years often sold 
newspapers or candy on the street to support themselves or to augment 
family income.

    e. Acceptable Conditions of Work.--The Ministry of Labor 
periodically sets the minimum wage in consultation with the Commission 
on Salaries, but Congress also may adjust it. As of September, the 
minimum wage plus mandated bonuses provided a gross monthly 
compensation of approximately $138 or 85 cents per hour in the case of 
contract workers. The statutory minimum wage is not adequate to provide 
a decent standard of living for a worker and family. Most organized 
workers in state industries and formal sector private enterprises 
earned substantially more than the minimum wage and also received other 
significant benefits through collective bargaining agreements. However, 
the majority of workers worked in the large informal and rural sector 
without recourse to the minimum wage or to legally mandated benefits.
    The Ministry of Labor did not deploy sufficient resources to 
enforce labor laws. The Labor Code provides for a 40-hour workweek, a 
15-day annual vacation, a minimum wage, and other employer-provided 
benefits, such as uniforms and training opportunities. In 2000, reforms 
to the labor law gave nominally greater flexibility to employers for 
hiring part-time workers; however, this legislation was affected by a 
Constitutional Court decision related to workers' retirement benefits. 
The impact of the Court's decision remained to be clarified at year's 
end (see Section 6.a.).
    The Labor Code also provides general protection for workers' health 
and safety on the job. However, a worker may not leave the workplace 
for health reasons, even if there is a hazardous situation. The worker 
is allowed to request that an inspector from the Ministry of Labor come 
to the workplace and confirm the hazard; that inspector then may close 
down the workplace. Response time for inspectors ranged from a few days 
in major cities to much longer in the countryside.
    The Social Security Institute enforces health and safety standards 
and regulations. In the formal sector, occupational health and safety 
was not a significant problem. However, there were no specific 
regulations governing health and safety standards in the agricultural 
sector and in practice there was no enforcement of safety rules in the 
small mines that make up the vast majority of the mining sector.

    f. Trafficking in Persons.--A misdemeanor law specifically 
addresses trafficking in persons, and other laws could be used to 
prosecute traffickers; however, no one has yet been convicted under the 
trafficking laws, and there were reports that Ecuadorians were 
trafficked out of the country.
    A misdemeanor law specifically prohibits trafficking and provides 
for penalties from 6 months to 3 years in prison, as well as fines. The 
Migration Law and the Penal Code provide for the imposition of 
sanctions on suppliers of false documents for purposes of travel or 
work. Other laws dealing with kidnaping, labor, occupational safety, 
and slavery apply to and provide sanctions for trafficking in persons. 
In 2000 Congress amended the Criminal Code to strengthen sentences for 
furnishing or utilizing false documents and for alien smuggling. Alien 
smugglers or traffickers can receive sentences from 3 to 6 years' 
imprisonment; the penalties range from 6 to 9 years if victims are 
injured, and a penalty of up to 12 years may be imposed if a death 
occurs. The law specifically exempts smuggling victims from 
prosecution. At year's end, no case had yet reached a verdict under the 
trafficking laws.
    There were reports of prostitution by girls and boys under 18 years 
of age in urban areas, and there were reports of cases in which 
children were forced into prostitution (see Section 5).
    No specific cases of trafficking were publicized during the year; 
however, human rights organizations suspected that trafficking 
occurred. In past years, Ecuadorian trafficking victims had been 
identified in Spain, Guatemala, Uruguay, Venezuela, and the United 
Kingdom. Although there were credible allegations that some government 
officials were involved in alien smuggling, there was no evidence that 
such officials facilitated or condoned trafficking in persons.
    Since the beginning of its economic crisis in 1999, the country has 
had a high rate of emigration: Up to 800,000 persons (or 7 percent of 
the population) were estimated to have emigrated since 1998, primarily 
to the United States and Spain, most of them illegally. Illegal 
emigrants paid between $8,000 and $12,000 per person to criminal 
organizations to be taken to the United States, usually through Central 
America. Due to the extreme poverty of most of the emigrants, and the 
high cost of such trips, some emigrants were vulnerable to traffickers.
                               __________

                              EL SALVADOR

    El Salvador is a constitutional, multiparty democracy with an 
executive branch headed by a president and a unicameral legislature. In 
1999 voters elected President Francisco Flores of the Nationalist 
Republican Alliance (ARENA) to a 5-year term. In generally free and 
fair elections in March 2000, the former guerrilla organization 
Farabundo Marti National Liberation Front (FMLN) won a plurality of the 
seats in the Legislative Assembly. ARENA maintains a working majority 
in coalition with the conservative National Conciliation Party. Four 
other parties and three independents hold seats in the Assembly. The 
judiciary is constitutionally independent; however, it suffers from 
inefficiency and corruption. The Supreme Court and the Attorney 
General's office took initial steps during the year to address 
inefficiency and corruption in the judiciary.
    The National Civilian Police (PNC) maintains internal security. The 
military is responsible for external security. The military provides 
support for some PNC patrols in rural areas, a measure begun in 1995 by 
presidential executive order in an effort to contain violence by well-
armed, organized criminal bands, and also provides support to the law 
enforcement agencies for specific activities, including antinarcotics 
efforts and reform school training for juvenile convicts. Civilian 
authorities generally maintain effective control of the military and 
security forces. Members of the police committed human rights abuses.
    The free-market, mixed economy largely is based on services, 
agriculture, and manufacturing. The country's population is over 6.5 
million. Although agriculture accounts for only 9 percent of the gross 
domestic product (GDP), it is the largest source of employment, 
engaging 20 percent of the work force, estimated at over 2.6 million 
persons. Coffee and sugar are the principal export crops and used to be 
the main sources of foreign exchange. The sustained decline in coffee 
prices has depressed activity in this sector, and the largest sources 
of foreign exchange are now family remittances and maquila exports. 
According to the Salvadoran Coffee Council, the decline in coffee 
prices reduced employment in the end of year harvest by approximately 
40,000 jobs as of the end of December. The manufacturing sector, which 
contributes 23 percent of GDP, employs 16.5 percent of the work force. 
The textile sector, especially the maquila (in-bond assembly or 
processing) plants in free trade zones, represents about 50 percent of 
manufacturing sector employment and is the main source of new jobs. The 
economy is open, and private property is respected. The rate of real 
economic growth was estimated to reach 2 percent during the year. 
Inflation was expected to reach 2.5 percent. The official unemployment 
rate averaged 6.5 percent in the first 10 months of the year; however, 
the rate of underemployment (less than full-time work or total income 
below the minimum wage) during the year was estimated at about 29 
percent as of late November. In January and February of 2001, two 
earthquakes killed over 1,100 persons, made over 1.2 million homeless, 
and caused over $1.9 billion in damage. According to the Ministry of 
Economy's statistics and census office, during the first 10 months of 
the year approximately 37 percent of the population lived below the 
poverty level, compared to 38.8 percent in 2001.
    The Government generally respected the human rights of its 
citizens; however, there were serious problems in some areas. There 
were no politically motivated killings or disappearances; however, some 
police officers committed killings. Some police officers used excessive 
force and mistreated detainees. Prison conditions remained poor, and 
overcrowding was a continuing problem. At times police arbitrarily 
arrested and detained persons. The PNC dismissed 372 employees and 
sanctioned 520 others. Lengthy pretrial detention remained a problem. 
The judiciary remained inefficient and hampered by widespread 
corruption. The Supreme Court and the Attorney General's office took 
initial steps during the year to address inefficiency and corruption in 
the judiciary. The Court dismissed 38 judges based upon formal 
notification by the Ministry of Education that they had not fulfilled 
the requirements for their degrees. The Attorney General asked the 
Court to lift the immunity of four judges whom he intended to 
prosecute. Impunity for the rich and powerful remained a problem. 
Violence and discrimination against women remained a serious problem. 
Discrimination against disabled persons also remained a problem. Abuse 
of children, child labor, and forced child prostitution were also 
problems. The Government did not protect adequately workers' rights to 
organize and bargain collectively. Trafficking in women and children 
was a problem. El Salvador 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 agents of the Government; however, 
members of the police committed some killings. The Office of the 
Inspector General of the PNC received allegations of police involvement 
in 10 homicide cases in the first 9 months of the year. At year's end, 
authorities were adjudicating whether police officers had acted 
criminally or in the line of duty.
    In September a prosecutor charged PNC officers Douglas Ernesto 
Ventura Ramirez, Nehemias Castro Martinez and four civilians with the 
March shooting death of Darwin Alexis Lopez Hernandez in Canton Entre 
Rios, Colon. The prosecutor alleged that PNC officer Ventura paid to 
have the victim killed, because the victim had filed a complaint after 
Ventura had confiscated his bicycle 2 months before his death. In the 
initial hearing, the court provisionally dismissed charges against the 
police officers and a third defendant but ordered the trial to continue 
against the three other defendants. The PNC Inspector General's office 
conducted a review and provisionally closed the case based on the court 
ruling and evidence that the PNC officers had been in different 
locations at the time of the murder.
    In May Victor Hugo Pena Hidalgo died 15 minutes after entering a 
cell in the detention center of a court in San Salvador, the Isidro 
Menendez Judicial Center. According to the prosecutor, Pena's physical 
examination upon arrival at the center showed he was in good health. 
His autopsy showed trauma to the abdomen with broken ribs and 
hemorrhaging. The prosecutor reported that neither jail officials nor 
his cellmates, who were members of a gang to which Pena had once 
belonged, heard any disturbances; therefore, the prosecutor theorized 
that Pena must have been beaten before his capture. The PNC Inspector 
General's office conducted an investigation. According to its report, 
the victim's mother said someone who was not a police officer had 
beaten Pena prior to his capture, causing him serious abdominal pain. 
Similarly, Pena's son said the police had not mistreated him. Based on 
this information, the Inspector General's office provisionally closed 
the investigation.
    In July an unidentified assailant shot and killed Nelson Alfonso 
Argueta Amaya, president of the national federation of demobilized 
former civil war militia members. The prosecutor initially identified 
several possible motives for the crime, including a personal dispute 
over the victim's leadership of the organization. However, the PNC 
later ruled out a political motive. The investigation continued at 
year's end.
    The PDDH received 30 complaints of attempted and/or completed 
unlawful killings by police during the year. The PDDH was investigating 
the cases at year's end.
    In January a judge dismissed homicide charges against three police 
officers (Jose Antonio Moran, William Alexander Castillo Gonzalez, and 
Maria Rosibel Garcia) and one former police officer (Juan Carlos Ramos 
Benitez) for the March 2001 killing of Fernando Naves Mendoza in El 
Rosario, La Paz. The PNC fired Moran, Castillo, and Garcia in January 
following an internal disciplinary hearing regarding their involvement 
in the crime. A disciplinary tribunal had dismissed Ramos from the PNC 
in June 2001 for another offense.
    In March a civilian jury found Air Force flight school cadet Carlos 
Mauricio Melara guilty of negligent homicide and acquitted Cesar 
Humberto Dorat for the May 2001 beating and killing of Erick Mauricio 
Pena Carmona. The judge sentenced Melara to 10 years and 8 months in 
prison. In his ruling, the judge attributed partial responsibility to 
the armed forces, saying the institution had not done what was 
necessary to prevent this type of incident. Both the prosecution and 
the defense appealed the verdict, and the appeals were pending at 
year's end.
    A total of 19 inmates died in prison due to violence and illness 
during the year. During the year, the Attorney General's office 
prosecuted two prisoners for carrying out the 2001 murder of Eduardo 
Henriquez (aka Gigio); it charged one other prisoner with complicity 
and 15 with covering up a crime. The trial was underway at year's end.
    In 2000 a public prosecutor charged police captain Mariano 
Rodriguez Zepeda with aggravated homicide for the 1998 shooting of Jose 
Antonio Navidad Villalta. Following a preliminary hearing in November 
2000, the trial was postponed on several occasions because either 
witnesses or the defendant failed to appear. At year's end, the trial 
had been rescheduled for March 2003.
    On October 2, the Supreme Court agreed to consider a November 2001 
complaint that the Attorney General, the Criminal Chamber of the 
Supreme Court, a criminal appeals court, and a justice of the peace had 
violated the constitutional rights of family members of the six Jesuit 
priests, their housekeeper, and her daughter murdered in 1989. 
Specifically, the complainants alleged that their rights to due 
process, access to justice, and a speedy trial had been violated by the 
defendants when they responded to the complainants' petition to 
prosecute the persons who instigated the killings. In the same ruling, 
the Supreme Court found inadmissible the complaint against the 
President. In January and March 2001, an appeals court had upheld a 
lower court's decision that the statute of limitations had expired in 
the Jesuits' case.

    b. Disappearance.--There were no reports of politically motivated 
disappearances or of police involvement in kidnapings during the year.
    Most disappearances were kidnapings for ransom. According to police 
statistics, 19 persons were kidnaped through mid December, a 
significant reduction from 49 kidnapings in 2001 and 114 in 2000. The 
PNC reported that 134 people were convicted of kidnaping during the 
year and sent to prison.
    In November 2001, a court sentenced eight persons, including three 
former police officers, to 15 years in prison for the January 2001 
kidnaping of prominent businesswoman Elizabeth Bahaia in Ahuachapan. In 
August a court convicted and gave the same sentence to two more 
individuals for the same crime; one was former police officer Mauricio 
Enrique Murgas Barrientos, who had been dismissed from the force by a 
PNC disciplinary tribunal in 2000. At year's end, Murgas Barrientos and 
four other individuals were standing trial for a second kidnaping of 
Bahaia in September 2001. Murgas Barrientos and another individual also 
faced charges of homicide for the murder of Bahaia's bodyguard, Jesus 
Antonio Garcia Sintigo. At the time of his arrest in 2001, Murgas 
Barrientos alleged that other police officers had been involved in the 
crime, but he did not give their names. In October 2001, the PNC moved 
its entire contingent based in Ahuachapan (approximately 100 persons) 
to San Salvador and replaced them with soldiers and police from San 
Salvador.
    In March a court convicted nine persons, including two police 
officers (Jorge Alberto Rodriguez and Rigoberto Antonio Reyes) and a 
former police officer (Juan Antonio Lainez Quijano), for the 2000 
kidnaping of businessman Rodrigo Zablah. They received sentences 
ranging from 10 to 26 years and 8 months in prison. The court acquitted 
a tenth defendant. In 2001 charges had been dropped against another 
police officer (Carlos Alfredo Lopez Rosales), a cooperating witness, 
and another individual. The PNC fired Lopez Rosales, Rodriguez, and 
Reyes in 2000 following a disciplinary hearing.
    By year's end, the Supreme Court had not issued a ruling regarding 
the acquittal of PNC sergeant Tomasa Reyes Alvarado, former PNC 
sergeant Jose Azcunaga Segura, and a civilian charged in the 2000 
kidnaping of a couple in Sonsonate. In August 2002, a PNC disciplinary 
tribunal cleared Reyes Alvarado.
    In May a court exonerated former guerilla commander Raul Granillo, 
also known as Commander Marcelo, of charges in the kidnapings of Nelson 
Oswaldo Machuca Perez, Guillermo Alfredo Sol Bang, Kerim Eduardo Salume 
Babum, Alberto Antonio Hill Dutriz, and Andres Abraham Suster 
Castillejos between 1991 and 1995. The court convicted Diego Flores, a 
lower ranking former guerilla, of kidnaping, extortion, and possession 
of military weapons (charges stemming from all five cases) and 
sentenced him to 102 years in prison. It found Angela del Carmen 
Carrillo Palacios and Angela Carrillo Flores guilty of complicity. In 
November, an appeals court revoked the ruling of the lower court. The 
appeals court convicted Granillo in absentia of kidnaping and extortion 
and sentenced him to 63 years in prison. It convicted Carrillo Palacios 
and Carrillo Flores of kidnaping and extortion and sentenced them to 42 
years in prison. The appeals court confirmed the lower court's 
exoneration of Oscar Armando Bernal Martinez and Mauricio Ernesto 
Martinez Bernal.
    The Association for the Search for Children who Disappeared as a 
Result of the Armed Conflict (Pro-Busqueda) acknowledged that neither 
the Government nor the Legislative Assembly would create a national 
commission to clarify what happened to children who disappeared during 
the war and whose whereabouts remain unknown. In December 2000, they 
accepted the Government's commitment to work with them to resolve these 
questions by forming a working group consisting of the Public 
Defender's Office, the Ministry of Foreign Affairs, the Salvadoran 
Institute for the Protection of Children, the National Secretariat of 
the Family, and the PDDH. In October 2001 the working group dissolved 
after Pro-Busqueda claimed that it was unable to receive cooperation 
from any of the organizations apart from the Public Defender's office, 
which was unable to procure any cooperation from the armed forces. Pro-
Busqueda planned to push the Legislative Assembly again for the 
creation of a national commission.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices. During the 
year, the PDDH and the PNC Inspector General's office each received one 
complaint alleging torture by a police officer. Some members of the PNC 
continued to use excessive force or otherwise mistreated detainees.
    On October 16, the police detained Deputy Inspector Abel Hernandez 
Cortez based on an order from the Attorney General's regional office in 
La Libertad charging him with committing torture and serious injury to 
Jose Antonio Dominguez. At year's end, the Inspector General's office 
had begun disciplinary proceedings against him.
    In response to a report from the PDDH, the PNC Inspector General's 
office initiated an investigation into allegations that on November 28, 
riot police beat and then detained seven members of the Salvadoran 
Association of Municipal Workers who were blocking a lane of traffic in 
support of a health care strike. The riot police told the PDDH that 
they used the force necessary to control the incident. The 
investigation was ongoing at year's end.
    In March police officers shot at a group who were drinking alcohol 
in a home in Concepcion de Oriente and wounded Domingo Yanez Villatoro, 
injuring him seriously. In their report, the police claimed the 
civilians had threatened them with firearms. The PNC Inspector 
General's office initiated an investigation and remanded four police 
officers to a disciplinary tribunal. A prosecutor charged four officers 
with negligent injury. The defendants failed to appear for their trial 
in December, and the court ordered the trial to continue in their 
absence.
    During the year, the PDDH received a total of 1,095 complaints 
against the PNC for all categories of human rights violations, compared 
with 1,142 in 2001. Of the 3,303 total complaints received, 766 were 
for violation of the right of personal integrity committed by 
government authorities during the year and in prior years, compared 
with 736 in 2001. This category covers torture, inhuman or degrading 
treatment, mistreatment, disproportionate use of force, and inhuman 
treatment of detainees. The vast majority of these complaints involved 
the PNC and were categorized as mistreatment.
    At year's end, 140 police officers were in prison. Of those, 90 
were serving their sentences, and 50 awaited the conclusion of their 
trials.
    During the year, the PNC dismissed 372 employees through ordinary 
disciplinary procedures and sanctioned 520 others for lesser 
infractions. PNC disciplinary authorities exonerated 503 PNC employees 
investigated for a variety of offenses.
    The Internal Affairs Unit of the PNC, which reports to the 
Inspector General, investigates administrative complaints against 
police; transfers information on criminal activity by police to the 
Attorney General's office; and monitors criminal investigations of 
police. The Unit reports findings of administrative violations to the 
Inspector General and the PNC Director for disciplinary action. 
Individuals may appeal through disciplinary hearings in special police 
courts that are an internal, administrative mechanism of the PNC. These 
courts can punish guilty parties with disciplinary measures or remove 
them from the police force.
    During the year, a special appeals board continued to review 
appeals by former PNC employees who were dismissed under expedited 
procedures authorized by the Legislative Assembly in 2000 (Decree 101). 
The police chief dismissed 1,000 officers during the 5 1/2 months that 
the special disciplinary authority was in force. A total of 295 
officers appealed, and the special appeals board exonerated 42, who 
were reinstated. In addition, some of the fired officers filed legal 
complaints with the Supreme Court alleging that their dismissal under 
Decree 101 had violated their constitutional rights, a charge supported 
by the Human Rights Ombudsman's office (PDDH) and some NGOs. 
Independent observers of the expedited procedures alleged that some 
supervisors used the opportunity to remove innocent persons, such as 
pregnant women and personnel with whom the supervisors had personal 
differences.
    In August 2001, a prominent women's rights organization asserted 
that sexual harassment was widespread within the PNC and that female 
officers were subject to violence within the police (see Section 5).
    Human rights awareness is a standard component of the police 
officers' basic training program.
    Prison conditions remained poor. The prison system has the capacity 
to hold 7,137 prisoners in 20 penal facilities. Overcrowding in 
individual facilities continued as the prison population increased for 
the third consecutive year. At year's end, 10,345 men were held in 17 
prison facilities with a combined capacity of 6,812, and there were 31 
men and 6 women in 3 secure hospital wards with a combined capacity of 
75 persons. Because of a lack of holding cells, pretrial detainees 
often are sent to regular prisons, where they may be placed together 
with violent criminals.
    Gangs continued to exercise influence within the prison system. In 
December, a police official told the media that prisoners continued to 
run criminal activities from their cells. In December, prisoners rioted 
and killed two police officers during a routine search for contraband 
in a major metropolitan prison. One prisoner died after being shot, 
allegedly by a warden, during the riot. Prison authorities reported 
that there were 19 deaths in the prison system during the year: one 
prisoner was shot, allegedly by a warden, during a riot; one died of 
burns; four died from wounds caused by violence between prisoners; 
seven died from illness, including four HIV/AIDS related cases; one 
died of injuries to his spine and internal organs. In five cases, the 
prisons transferred the cadavers to the office of forensic medicine to 
determine the cause of death.
    There are separate facilities for female detainees and prisoners. 
At the end of the year, there were 562 women in 3 women's prisons, 
which have a capacity of 262, and 87 women in prisons where most 
inmates are males. Conditions in the women's facilities are adequate 
but overcrowded.
    The law requires that all juveniles be housed separately from 
adults both prior to trial and while serving a prison sentence, and the 
Government generally observes this requirement in practice. However, 
from June 2001 through April 2002 the PDDH found 9 juveniles in 
pretrial detention facilities that also housed adults. Also, 21 minors 
were housed in an adult prison under the supervision of the Salvadoran 
Institute for the Full Development of Children and Adolescents (ISNA). 
Gang violence in juvenile holding facilities is a problem. In April 
2001, the authorities separated the different gangs in the country's 
juvenile correction centers into different facilities to mitigate 
violence between rival groups. ISNA (formerly the Salvadoran Institute 
for the Protection of Children - ISPM) reported a sharp reduction of 
gang-related violence in youth correction centers and an increased 
ability to implement education and reintegration programs following 
this change. Members of the Armed Forces provided reform school 
training for juvenile convicts. Most criminal cases involving juveniles 
are brought to trial or conciliation proceedings within 3 months.
    The Government permits prison visits by independent human rights 
observers, NGOs, and the media.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest; however, there were complaints that at 
times the PNC arbitrarily arrested and detained persons.
    On April 15, the PNC arrested Esteban Ortiz Vasquez using an arrest 
warrant for Esteban Benito Ortiz. The detainee showed his 
identification documents to the police; however, they discounted the 
documents as false. The police brought him before a judge, who 
determined there was sufficient evidence to warrant detention during 
the investigation. Ortiz Vasquez spent 30 days in jail before a public 
defender convinced the judge of his identity and obtained his release. 
The judge found that the police had used flawed procedures and asked 
the PNC to conduct a disciplinary investigation.
    During the year, the PDDH received 205 complaints alleging 
violations of personal liberty, compared with 178 complaints in 2001. 
The courts generally enforced a ruling that interrogation without the 
presence of counsel is coerced, and that any evidence obtained in such 
a manner is inadmissible. As a result, police authorities generally 
delayed questioning until a public defender arrived.
    The law permits the police to hold a person for 72 hours before 
delivering the suspect to court, after which the judge may order 
detention for an additional 72 hours to determine if an investigation 
is warranted. Because of a lack of holding cells, such detainees often 
are sent to regular prisons, where they may be placed together with 
violent criminals (see Section 1.c.). The law allows 6 months to 
investigate serious crimes before a judge is required to bring the 
accused to trial or dismiss the case. In exceptionally complicated 
cases, the judge or either party may ask the appeals court to extend 
the deadline for 3 months. However, many cases were not completed 
within the legally prescribed time frame. The Supreme Court reported 
that 5,568 inmates (more than half the prison population) were in 
pretrial detention at the end of the year (see Section 1.c.). According 
to the Supreme Court, the judicial system received an average of 111 
criminal cases per day during the year, compared to an average of 134 
per day in 2001.
    The Penitentiary Code permits release on bail for detainees who are 
unlikely to flee or whose release would not impede the investigation of 
the case. Because it may take several years for a case to come to 
trial, some prisoners have been incarcerated longer than the maximum 
legal sentence for their crimes. In such circumstances, a detainee may 
request a review by the Supreme Court of his or her continued 
detention.
    The Constitution prohibits forced exile, and the Government 
observes this prohibition.

    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 suffers from inefficiency 
and corruption. During the year, the Supreme Court took initial steps 
to address these problems.
    The court structure has four levels: justices of the peace, trial 
courts, appellate courts, and the Supreme Court. The Supreme Court 
oversees the budget and administration of the entire court system. The 
Supreme Court selects justices of the peace, trial judges, and 
appellate judges from a list of nominees proposed by the National 
Judicial Council (CNJ). The CNJ is an independent body provided for in 
the Constitution to nominate, train, and evaluate justices. The 
Legislative Assembly elects, by a two-thirds majority, Supreme Court 
magistrates from lists provided by the CNJ and the National Association 
of Lawyers. Magistrates serve for periods of 9 years and may be 
reelected. There are separate court systems for family matters and 
juvenile offenders; they stress conciliation as an alternative to 
adjudication. The system also has criminal sentencing courts and 
penitentiary oversight courts. The former consider the evidence and 
testimony that have been gathered throughout the trial proceedings, 
judge innocence or guilt, and determine sentences. The latter monitor 
the implementation of sentences. (For cases that entered the judicial 
system before the penal code reforms of 1998, the trial court remains 
responsible for establishing sentences.) Through its Department of 
Judicial Investigation, the Supreme Court regularly receives and 
investigates public complaints about judicial performance. This 
department also reviews the findings and recommendations of the CNJ, 
which evaluates justices on an ongoing basis. The Supreme Court imposes 
penalties when warranted.
    Judges, not juries, decide most cases. Juries are used in a 
particular phase of the prosecution. Most cases start with a 
preliminary hearing by a justice of the peace court, then proceed to 
the trial court, which determines if there is enough evidence to 
continue the prosecution and decides whether a jury or a sentencing 
court should hear the case. Justice of the peace courts provide an 
opportunity for conciliation as an alternative to trial proceedings for 
some types of cases. Almost all cases such as homicide, kidnaping, 
fraud, environment, drugs, or issues involving private property go to 
sentencing courts. Juries hear only those cases that the law does not 
assign to sentencing courts. After the jury's determination of 
innocence or guilt, a judge decides the sentence. A jury verdict cannot 
be appealed. However, the defendant may appeal the sentence to the 
Supreme Court for reduction. A jury verdict may be overturned by a 
mistrial determination that there were serious problems with jury panel 
selection or errors in the trial procedure. A judge's verdict may be 
appealed.
    The Juvenile Legal Code requires that minors from 12 to 17 years of 
age be tried only in juvenile courts, limits sentences for minors to a 
maximum of 7 years, and includes alternatives to incarceration for 
minors.
    The Constitution provides for the presumption of innocence, 
protection from self-incrimination, legal counsel, freedom from 
coercion, and compensation for damages due to judicial error. 
Defendants also have the right to be present in court. These rights 
were not always respected fully in practice. The Constitution and law 
require the Government to provide legal counsel for the indigent; 
however, this requirement was not always implemented in practice.
    Impunity from the country's civil and criminal laws continued, 
especially for persons who were politically, economically, or 
institutionally well connected. According to the U.N. Secretary 
General's December 20 addendum to his report on Central America, ``the 
justice system is often slow and many judges are still susceptible to 
political influence . . . many crimes go unpunished and effective 
access to due process is seriously limited, in fact, if not legally, 
for a large number of Salvadorans.'' Corruption in the judicial system 
contributed to impunity; however, the Supreme Court took some steps to 
address these problems. There were few, if any, reports of corruption 
in the Attorney General's office during the year. The improvement 
resulted apparently from the removal of unqualified staff in 2000 and 
2001 through expedited disciplinary procedures.
    In October the Attorney General asked the Supreme Court to lift the 
immunity of four judges whom he intended to prosecute. The Attorney 
General charged that judge Raul Edgardo Garcia Zuniga had used for his 
own benefit a vehicle that had been seized and was being held as 
evidence in his court. The Attorney General alleged that judge Alicia 
Gonzalez de Ortiz of Lourdes Colon allowed a defendant in a rape case 
to go free after he admitted guilt and paid a fine; the law does not 
allow the use of this ``abbreviated procedure'' in rape cases. He 
accused judge Jorge Anibal Arias Martinez of San Ignacio, Chalatenango 
of accepting payments to mediate cases rather than continue with a 
criminal trial. In December, the Supreme Court notified the Attorney 
General that it had dismissed Garcia and, therefore, he no longer 
enjoyed immunity. At year's end, the High Court had not ruled on the 
requests to lift the immunity of Judges Martinez and Ortiz.
    The Attorney General accused Judge Ricardo Canales Herrera of 
misappropriation, through negligence, of approximately $20,000 (185,000 
colones). Canales had reported the loss of the money from his court's 
evidence storage room to the Attorney General and the Supreme Court and 
had requested the Court's help in strengthening security. The Court 
asserted that the judge had adequate infrastructure for storing the 
money securely. Canales renounced his immunity in October to expedite 
the investigation, and the Supreme Court dismissed him in November. 
Canales filed a complaint against the Supreme Court asserting that, in 
dismissing him, it had violated guarantees of due process and of equal 
protection under the laws. Presenting newspaper reports as evidence, he 
noted that there had been a multitude of losses from storerooms of 
other courts--including the Supreme Court itself--during the year, but 
no other judge had been investigated or disciplined. He maintained that 
the Court was using this incident as an excuse to remove a judge who 
had criticized problems in the judicial system. A number of NGOs and 
other judges publicly defended Canales' record and supported his 
hypothesis.
    In February a justice of the peace released from custody Narciso 
Ramirez, who was accused of running one of the largest alien smuggling 
operations in the region. Journalists reported that the judge and the 
defendant dined together in a local restaurant that night. Both 
individuals denied that they had been together. In searching Ramirez's 
property, prosecutors found a letter from the judge testifying to the 
good moral character of the defendant; however, the letter disappeared 
subsequently. The Supreme Court investigated the allegations and 
exonerated the judge, finding that he had applied the law correctly in 
releasing Ramirez on bail. The Court also found there was no evidence 
showing a personal relationship with the defendant. A judge hearing a 
case against Ramirez on separate charges in San Miguel ordered him 
detained without bail. He remained in prison at the end of the year.
    In August the Legislative Assembly urged the Attorney General's 
office and police to continue the investigation of the 1999 rape and 
murder of 9-year-old Katya Miranda. Human rights groups charged that 
the investigation was flawed criminally, and that the prosecution was 
inadequate to ensure due process.
    In November an appeals court definitively dismissed charges of 
fraudulent administration and use of false documents lodged against the 
former director of the Salvadoran Soccer Federation, Juan Sigfrido 
Torres Polanco, and it upheld the provisional dismissal of charges 
against him for embezzling public funds from that institution. A trial 
court previously had dismissed all charges against members of the 
Federation's board of directors, who were also defendants in the case 
stemming from the disappearance of $3.5 million (30,520,000 colones) 
from the organization's coffers.
    During the year, the Attorney General's office reported that, as a 
result of the expedited dismissal process for unqualified staff 
authorized by a 2000 law, it had dismissed 44 prosecutors, of whom an 
appeals board exonerated and reinstated 24. In addition to these 
dismissals, in December 2000 the Attorney General chose not to renew 
the contracts of 18 prosecutors and 24 administrative personnel 
suspected of involvement in anomalies within the institution. By the 
end of the year, the Attorney General had implemented more than half of 
the recommendations a review board had made in conducting an 
institutional review of his office in 2001, such as using new personnel 
selection and contracting procedures.
    In September and October, the Supreme Court dismissed 38 judges 
based upon formal notification by the Ministry of Education that they 
had not fulfilled the requirements for their degrees. The action 
responded in part to a 2001 report from the Attorney General's office 
on its investigation of possible ``irregularities'' in the law degrees 
of 916 lawyers, including prosecutors, judges, and politicians. That 
report exonerated 12 of those investigated, charged 91 with criminal 
wrongdoing (forging signatures, falsifying records, etc.) and cited 
administrative irregularities in the remainder of the cases, mostly due 
to problems with course equivalencies after transferring from one 
university to another. During the year, the Attorney General's office 
brought charges against 13 persons for criminal wrongdoing in obtaining 
their law degrees. Two justices of the peace were convicted; one was 
given a 3-year suspended sentence. In six cases, the court dismissed 
the charges. At year's end, trial dates had been scheduled for five 
others.
    The 38 judges dismissed by the Court fell into the category of 
administrative irregularities. All but one appealed the dismissals, 
insisting that they had fulfilled all of the requirements in place at 
the time and that it was wrong for the Ministry of Education to impose 
new standards retroactively. The Court upheld the dismissals in all of 
the cases. At year's end, it continued investigating 125 lawyers and 51 
additional judges for irregularities in their titles. The dismissed 
judges appealed to the Inter-American Human Rights Commission.
    NGOs and observers knowledgeable of the judicial system claimed 
that the Court was doing the minimum necessary to respond to public 
criticism, but it was not making a comprehensive effort to remove 
unqualified and corrupt judges. The Supreme Court emphasized that its 
Department of Judicial Investigation and the CNJ performed that 
function by scrutinizing judicial performance on an ongoing basis. 
Regarding the questionable degrees, the Court maintained it could only 
act on information provided by the Ministry of Education, which was the 
institution authorized to determine the validity of academic 
credentials.
    In practice, the Court imposed few sanctions upon judges based upon 
the recommendations from the CNJ and the Department of Judicial 
Investigation. Of the 227 complaints filed with the latter during the 
year, the court found 29 inadmissible, suspended proceedings in 1 case, 
reprimanded 4 judges, and dismissed 40 judges--Ricardo Canales, Raul 
Garcia, and the 38 determined to have invalid legal titles.
    Police, prosecutors, public defenders, and the courts continued to 
have problems adjusting to the 1998 legal reforms. Inadequate police 
coverage (due to limited resources) and intimidation of victims and 
witnesses (especially by gangs) made it difficult to identify, arrest, 
and prosecute criminals, thus diminishing public confidence in the 
justice system. In July witnesses in the trial of accused alien 
smugglers Edgar Campos and Blanca Rivas reported that defense lawyers 
had harassed them in an effort to deter their testimony. Prosecutors 
informed the judge hearing the case, and the information served as an 
important justification for keeping the defendants incarcerated during 
the trial. At year's end, the prosecutors planned to present criminal 
charges against the defense attorneys.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for a right to privacy, and 
government authorities generally respected this right in practice. The 
law requires the police to have a resident's consent, a warrant, or a 
reasonable belief that a crime is under way or is about to be 
committed, before entering a private dwelling.
    Since 2001 the police can use undercover agents with the permission 
of the Attorney General and enter legally private property without a 
warrant when criminal activity is suspected. In addition, samples of 
blood and other bodily fluids can now be taken without the consent of 
the accused if a judge mandates it.
    Neither the Attorney General nor a special legislative commission 
has identified who was responsible for illegal wiretapping activities 
conducted by the telecommunications company, TELECOM, in 2000.

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. Print and broadcast journalists 
from all major media outlets regularly and freely criticized the 
Government and reported opposition views. Opposition figures were 
interviewed routinely in the press and on television and radio. 
According to major media associations, the Government did not use 
direct or indirect means to control the media. However, some television 
stations continued to complain that advertising agencies responsible 
for placement of government-funded public service announcements were 
biased in favor of media companies that generally supported government 
policy.
    Some newspaper editors and radio news directors practiced self-
censorship, according to practitioners and observers, by discouraging 
journalists from reporting on topics or presenting views that the 
owners or publishers might not view favorably. Journalists alleged that 
in July the new owners of RCS radio station closed the news department 
because the reporters' presentation of the news did not adequately 
reflect the owners' more conservative views. The owners maintained that 
they took the action for budgetary reasons. In October worker 
organizations and NGOs expressed concern to the Salvadoran Journalists 
Association that a major newspaper, La Prensa Grafica, had required 
them to change language in a paid advertisement about a controversial 
strike before it would publish the ad. Similarly, another major 
newspaper, El Diario de Hoy, had told the groups they would have to pay 
for the Government's anticipated response to their paid advertisement 
about the same subject. The newspaper explained that, as a result of a 
lawsuit, it had instituted a requirement that anyone placing an 
advertisement on a controversial topic had to leave a deposit to pay 
for a reply by an opponent, should a court order it. If no one claimed 
the right to reply within 30 days, the newspapers returned the deposit 
to the individual or group who placed the original ad.
    During a demonstration on May 1, protesters assaulted several 
journalists after an opposition party leader made antagonistic public 
comments to and about journalists. The victims and other media 
maintained the opposition party leader had instigated the violence. The 
Inter-American Press Association (IAPA), the International Radio 
Broadcasters Association and leaders of the media condemned the verbal 
and physical attacks as a threat to freedom of the press. The Attorney 
General's office initiated an investigation.
    In August the Legislative Assembly passed a National Defense Law 
that included an article requiring citizens to provide to government 
officials information considered necessary for national defense. The 
Salvadoran Journalists' Association and other critics objected strongly 
to that provision, asserting that it violated journalists' right to 
keep sources confidential. When the law went to President Flores for 
signature, he sent it back to the legislature with a recommendation to 
address that concern. The legislature removed the controversial article 
from the law. The modified law retains a requirement that public 
officials provide information necessary for national defense.
    In September the legislature approved reforms to the Organic Law of 
the Court of Accounts, the national auditing agency. Leaders of the 
media industry, the Human Rights Ombudsman, and other critics charged 
that the provision on public access to the agency's audits infringed on 
freedom of expression and citizens' right to access public information. 
The provision required that the institution make the audits public 
after all appeals had been exhausted. Critics maintained that, because 
appeals often dragged on for years, the measure would deny the public 
access to information for far too long. Even before the Assembly passed 
the reforms, the Court of Accounts refused to allow members of 
political parties and journalists to see audit reports that, by law, 
were public information. In November the President sent the law back to 
the legislature with suggested changes that removed the controversial 
language. However, NGOs expressed concern that the proposed replacement 
language reduced the universe of audits required to be made public and 
had the same effect of delaying public access until all appeals were 
exhausted. The legislature approved the president's proposed changes.
    The IAPA identified problems in several areas, including the 
absence of a law providing for journalists' right to maintain the 
confidentiality of sources.
    There are 5 daily newspapers with a combined daily circulation of 
more than 250,000 copies, and 16 television stations. Five independent 
and one government-owned and operated VHF television stations reach 
most areas of the country. Eight independent UHF stations serve San 
Salvador, and several can be received as far as 30 miles from the 
capital. Two cable television systems cover much of the capital and the 
major cities of San Miguel, Santa Ana, and Sonsonate. All carry major 
national stations and a wide range of international programming. 
Approximately 150 licensed radio stations broadcast on the FM and AM 
bands.
    A provision in the Criminal Code allows judges to close court 
proceedings if public exposure could prejudice the case. The media and 
the IAPA have claimed that the provision abridges press freedom.
    There were no instances of censorship of books, other publications, 
films, or plays.
    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 peaceful assembly for any lawful purpose, and the 
Government generally respected this right in practice. Public 
demonstrations were common and generally peaceful.
    The Constitution provides for freedom of association, and the 
Government generally respected this right in practice.
    In March 2001, the Supreme Court found constitutional all but four 
articles of a 1996 law governing the registration, regulation, and 
financial oversight of NGOs and non-Catholic religious groups that a 
group of affected organizations had challenged in court in 1998. The 
law remains in effect. However, the decision prohibits any official or 
judge from denying legal status to an NGO for behavior that violates 
social norms, morality, or public order as long as there are no 
violations of the criminal code. Some NGOs asserted that the Ministry 
of Governance delayed approval of legal status for controversial NGOs 
with human rights or political agendas. In August the Ministry of 
Governance refused to grant legal status to the Independent Monitoring 
Group of El Salvador, an NGO that monitors respect for labor rights in 
assembly factories (maquilas) (see Section 4.).

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. The Constitution specifically recognizes the Roman Catholic 
Church and grants it legal status. In addition, the Constitution 
provides that other churches may register for such status in accordance 
with the law.
    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 July the Legislative Assembly passed a Special Law on Refugee 
Status, which implements the 1951 U.N. Convention Relating to the 
Status of Refugees and its 1967 Protocol. The law established a Refugee 
Status Determination Committee composed of representatives of the 
Social Unit of the Ministry of Foreign Affairs and the Migration Unit 
of the Ministry of Governance to adjudicate refugee status.
    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 exercise this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. The President and Vice President are elected every 
5 years. The Constitution bars the President from election to 
consecutive terms. Voting is by secret ballot.
    In May the Supreme Court ruled unconstitutional an article of the 
electoral code that assigned a specific number of legislators to each 
department of the country, saying it violated the constitutional 
requirement for representation proportional to the population. One day 
before the Court announced its decision, the Legislative Assembly 
modified the law by allocating the number of legislators based on 
ranges of population (e.g. a department with 300,000 to 400,000 
citizens is entitled to 4 legislators). A political party and an NGO 
protested that the change did not satisfy the constitutional 
requirement, and they noted that the timing of the vote showed that 
someone in the Court had leaked the information before the decision was 
made public.
    Ten political parties, representing the full political spectrum, 
fielded seven candidates in the March 1999 presidential elections. The 
Government did not restrict opposition participation, and there were no 
violent incidents during the campaign. Observers found that the vote 
was without major flaws and proceeded peacefully with fair access to 
the polls for all. Francisco Flores, the candidate of the ARENA party, 
won a clear majority in the first round of voting.
    In March 2000, the country held legislative elections that 
observers generally reported to be free and fair. The FMLN won a 
plurality of legislative seats.
    There are no laws or overt practices that prevent women from voting 
or participating in the political and governmental systems. Women 
account for 51 percent of the population; however, they represented 49 
percent of the registered voters in the March 2000 election. Of the 11 
executive branch ministries and 3 constitutionally independent 
agencies, women headed 2, the Ministry of Foreign Affairs and the Human 
Rights Ombudsman's office. Women held a substantial number of vice- and 
sub-ministerial jobs. An estimated 40 percent of the country's judges 
were female. In March 2000, voters elected 8 women to the 84-seat 
legislature, a decrease from the previous Assembly's 14 women. One 
woman sat on the Assembly's 11-member governing board; there were 2 
women on the board in the previous legislature.
    Minorities, including indigenous people, are not barred from voting 
or participating in government and politics. In practice, only a few 
hundred Salvadorans identify as ethnic minorities, and no one who 
identifies as a minority holds a leadership position in the Government 
or the Legislative Assembly.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government generally demonstrated a willingness to discuss 
human rights issues and problems with international and domestic NGOs. 
However, it was sometimes reluctant to discuss worker rights issues 
with NGOs, and it refused to discuss the topic with the PDDH. Numerous 
domestic and various international NGOs operated freely. Domestic and 
international NGOs are required to register with the Government under 
the terms of the 1996 NGO registration law, and some reported 
difficulties (see Section 2.b.).
    In August the Ministry of Governance refused to grant legal status 
to the Independent Monitoring Group of El Salvador (GMIES), an NGO that 
monitors respect for labor rights in maquilas. The Ministry of 
Governance based its refusal on the objections of the Labor Ministry, 
which asserted that government authorization of the GMIES' activities 
would constitute a tacit delegation of the Labor Ministry's 
responsibilities, something prohibited by law. The GMIES appealed the 
decision with both ministries, without success.
    The principal human rights investigative and monitoring body is the 
Office of the Human Rights Ombudsman, who is elected by the Assembly 
for a 3-year term. The Peace Accords specifically created the PDDH, 
which was established formally by an amendment to the Constitution that 
defined its role.
    In July 2001, the Legislative Assembly elected attorney Beatrice de 
Carrillo to serve as Human Rights Ombudsman. The position had been 
vacant officially for 17 months and in practice for 5 months. The 
institution's reputation and the quality and quantity of its work had 
declined since 1998, due to staffing gaps in the top position and the 
election in 1998 of an Ombudsman accused of corruption. A vehement, 
public dispute that began in 2000 between the acting Ombudsman and some 
employees exacerbated these negative trends. Indicating their lack of 
confidence in the institution, citizens filed fewer complaints with the 
PDDH in 1999 and 2000 than in previous years and relied more heavily on 
human rights NGOs. Public confidence in the PDDH initially appeared to 
recover following de Carrillo's election--there was an immediate 10-
fold increase in complaints submitted. Many of these complaints (such 
as the right to water, or compensation claims of former combatants) did 
not fall into traditional human rights categories. During the year, the 
Ombudsman expressed frustration with the Government's unwillingness to 
respond to her agency's requests for information, as required by law, 
and to implement its recommendations. Government officials responded 
that the institution undermined its credibility by pronouncing on a 
wide range of issues that exceeded its mandate and by issuing 
resolutions on politically charged cases that had occurred many years 
ago. The Ombudsman insisted that all of the work performed by her 
institution fit within the 14 duties assigned to it by the 
Constitution. She explained that, because the PDDH had not issued 
resolutions on the old cases at the time they were submitted, the 
institution had to issue them now to close out the cases.
    In January the PDDH submitted to the Attorney General's office a 
formal complaint stating that the Ombudsman had received death threats. 
According to the PDDH, the Attorney General's office took no action on 
the complaint during the year. The threats diminished during the year 
but increased again in December following the Ombudsman's controversial 
efforts to negotiate the release of four police officers held hostage 
in a prison following a riot.
    During the year, the PDDH accepted 3,303 complaints of human rights 
violations, compared with 2,898 in 2001 (see Sections 1.a. and 1.c.). 
The rights most frequently alleged to have been violated included 
personal integrity and due process of law--766 and 520 complaints, 
respectively. During the year the PDDH issued 164 resolutions involving 
235 complaints filed during the year and in previous years. Some of the 
resolutions addressed multiple complaints with similar characteristics 
(e.g. mistreatment by police). It upheld the charges in 107 
resolutions; found the accused not to have been responsible in 45 
resolutions; and resolved 12 cases using its good offices. In the 
remaining cases received during the year the PDDH had not determined 
whether the facts substantiated the allegations.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution states that all persons are equal before the law 
and prohibits discrimination based on nationality, race, or sex. In 
practice, discrimination against women, disabled persons, and 
indigenous people occurred in salaries and hiring. There were some 
instances of violence against homosexuals.
    The NGO Entre Amigos reported that members of the municipal and 
National Civilian police regularly detained and harassed homosexuals 
and transvestites when they were out at night, although they were not 
engaged in criminal activity. The police countered that they monitored 
transvestites out at night because they had repeatedly been involved in 
crimes including prostitution, public nudity, and robbery. A homosexual 
employee of Entre Amigos reported that in August four PNC officers 
detained him in a vacant lot, told him homosexuals should not exist, 
beat him, and threatened they would do him more severe harm if he 
reported the crime. He reported the crime. However, in November, the 
Attorney General's office told him the case did not fall in its 
jurisdiction for investigation because it was a petty offense. The law 
requires the Attorney General's office to prosecute petty offenses as 
well.
    In October the Legislative Assembly removed from the 2001 Law on 
Prevention and Control of Infection caused by the Human 
Immunodeficiency Virus a provision requiring job applicants to take HIV 
tests. During the year, NGOs, UNAIDS, and the Ministry of Health had 
expressed concern that this provision facilitated discrimination 
against infected persons and, in so doing, made it difficult for them 
to obtain employment. Removal of this provision makes pre-employment 
HIV tests optional, rather than mandatory. According to media reports, 
through late November the Atlacatl Foundation, an NGO, had registered 
six cases of people being fired after being diagnosed with HIV. In 
addition, the Foundation maintained that three institutions of higher 
education required HIV tests for students who wished to study health-
related careers.

    Women.--Violence against women, including domestic violence, was a 
widespread and serious problem. The law prohibits domestic violence and 
provides for sentences ranging from 6 months to 1 year in prison upon 
conviction. Convicted offenders are prohibited from using alcohol or 
drugs and from carrying guns. The law also allows the imposition of 
restraining orders against offenders. Once a taboo social subject, 
domestic violence increasingly is being recognized publicly and has 
become a topic for national debate. Government institutions such as the 
PDDH, the Attorney General's office, the Supreme Court, the Public 
Defender's office, and the PNC coordinated efforts with NGOs and other 
organizations to combat violence against women through education, 
government efforts to increase enforcement of the law, and NGO support 
programs for victims. The National Secretariat for the Family, through 
the Salvadoran Institute for the Development of Women (ISDEMU), 
maintains a hot line as well as a shelter for victims of domestic 
abuse. The ISDEMU received 3,725 cases of domestic violence during the 
year, compared to 3,423 cases in 2001. Incidents of domestic violence 
and rape continued to be underreported for several reasons: societal 
and cultural pressures against the victim; a fear of reprisal; poor 
response to victims by the authorities; fear of publicity; and the 
belief that cases are unlikely to be resolved. However, the Criminal 
Code permits the Attorney General to prosecute in the case of a rape 
with or without a complaint from the victim. The 2001 Criminal Code 
reforms eliminated a provision allowing a victim's pardon to nullify 
the criminal charge. The penalties for rape are 6 to 10 years in 
prison. The law does not address specifically spousal rape; however, it 
can be considered a crime if the actions meet the Criminal Code's 
definition of rape. The ISDEMU received 451 cases of sexual aggression 
compared to 386 in 2001.
    The law does not prohibit a person from working as a prostitute. 
However, it prohibits any person from inducing, facilitating, 
promoting, or giving incentives to anyone else to work as a prostitute. 
Prostitution is common, and there were credible reports that some women 
and girls were forced into prostitution (see Section 6.c.).
    Trafficking in women and girls for purposes of sexual exploitation 
was a problem (see Section 6.f.).
    The law prohibits sexual harassment; however, workers in export 
processing zones (EPZs) have reported sexual harassment (see Section 
6.b.).
    In August 2001, a prominent women's rights organization, CEMUJER, 
asserted that sexual harassment was widespread within the PNC. Citing a 
2000 survey that it had conducted, the same NGO maintained that almost 
60 percent of female sergeants had been victims of violence within the 
police. During the year, the NGO assisted three female employees of the 
PNC in bringing sexual harassment charges against superiors; the courts 
dismissed the charges against the defendants in all three cases. During 
the year the PNC Inspector General's office received two complaints of 
sexual harassment by police officers. In one case, it found the police 
officer and the PNC employee who had brought the charges shared 
responsibility for the infraction; as a penalty, both were suspended 
without pay for 12 days. In the other case, a PNC disciplinary court 
suspended officer Rafael Antonio Nunez without pay for 60 days as 
punishment for sexual harassment of a minor. There were reports that 
PNC supervisors used legislation intended to facilitate the removal of 
officers charged with crimes or incompetence to remove pregnant women 
from the force (see Section 1.c.). Some factories in the EPZs required 
female job applicants to present pregnancy test results, and they did 
not hire pregnant women (see Section 6.b.).
    The Constitution grants women and men the same legal rights, and 
the Penal Code establishes sentences of 1 to 3 years in jail for public 
officials who deny a person's civil rights based on gender. The law 
prohibits pregnant women from performing strenuous activities in the 
workplace after the fourth month of pregnancy (see Section 6.e.). All 
women are entitled to 3 months of maternity leave--usually taken after 
the baby is born.
    Women suffer from cultural and societal discrimination and have 
significantly reduced economic opportunities. Priority generally is 
given to men for available jobs and promotions and to sons for 
inheritances. Women are not accorded equal respect or stature in 
traditional male-dominated areas such as agriculture and business. A 
2000 UN Development Program (UNDP) study reported a rural illiteracy 
rate of 38 percent for women and 34 percent for men. One of the factors 
that contributes to girls' leaving school is teenage pregnancy. In 
2001, a former personnel officer of an autonomous government 
institution asserted that her supervisor had instructed her to give 
preference to men over women in hiring. The Penal Code establishes a 
sentence of 6 months to 2 years for employers who discriminate in labor 
relations. In practice it is difficult for employees to report such 
violations by their employers because they fear reprisals. In June 
2000, the legislature ratified International Labor Organization (ILO) 
Convention 100, on equal remuneration; however, a UNDP study showed 
that men on average earned 14 percent more than women--$250 versus $219 
(2,189 colones versus 1,913). The one sector in which there was an 
exception to this practice was in the EPZs and in-bond assembly plants, 
the largest source of new jobs, where women made up 85 to 90 percent of 
the work force (see Section 6.b.). However, even in this sector, men 
held the majority of positions in management and in departments where 
employees receive higher wages (cutting, ironing, etc.). Training for 
women generally was confined to low-wage occupational areas where women 
already held most positions, such as teaching, nursing, home 
industries, and small businesses.
    Several NGOs were engaged in promoting women's rights and conducted 
several rights awareness campaigns.

    Children.--In July the Ministry of Education, the PNC, and ISNA 
instituted a program to address the problem of student violence in San 
Salvador. The police picked up students who were out of school 
unsupervised (often in bars, pool halls, or video game shops) during 
school hours and delivered them to ISNA. ISNA gave them psychological 
counseling about violence and supervised them until their parents or 
guardians took custody. Government officials reported that the measures 
reduced street violence and fights among students. Through the end of 
the school year in November, the police brought 195 youths to ISNA 
under this program.
    The Government concentrated more on reducing poverty and promoting 
family stability through economic growth than in direct expenditure on 
children's programs. With the encouragement of UNICEF, in September the 
National Secretariat of the Family submitted to the Legislative 
Assembly a new national policy of comprehensive attention for children 
and adolescents.
    Education is compulsory through the ninth grade. Public education 
is nominally free through high school. The law prohibits persons from 
impeding children's access to school for failure to pay fees or wear 
uniforms. In practice, some schools continued to charge students fees 
to cover budget shortfalls, and the inability to pay these fees or pay 
for required books, uniforms, and activities prevented some poor 
children from attending school. The Ministry of Education continued to 
operate a hotline for the public to report school administrators who 
violated these laws. During the year, the Ministry required at least 
one school administrator to repay fees charged in violation of these 
regulations. Rural areas fell short of providing a ninth grade 
education to all potential students, in part because of a lack of 
resources and in part because many rural parents withdraw their 
children from school by the 6th grade to work. According to the 
Ministry of Education, during the year 14 percent of primary school 
aged children (ages 7-11) and approximately 32 percent of sixth to 
eighth grade aged children (ages 12-14) in urban areas did not attend 
classes. Meanwhile, primary school attendance in rural areas was 
oversubscribed by almost 14 percent, because older children attended 
classes below grade level. Only 7 percent of children in rural areas 
attended school in grades 6 to 8.
    Infant malnutrition continued to be a problem. A 2000 census showed 
that 19 percent of children suffered from chronic malnutrition. The 
Ministry of Health listed malnutrition as 1 of the 10 principal causes 
of infant mortality in the country. The Government has a national plan 
for infants designed to increase access to potable water, iodized salt, 
and micronutrients, and to encourage breast feeding, but all of these 
remained problem areas, especially among the rural poor.
    The Government worked through state institutions and with UNICEF to 
promote protection and general awareness of children's rights. However, 
children continued to be victimized by physical and sexual abuse, 
abandonment, exploitation, and neglect. The ISNA, an autonomous entity, 
has responsibility for protecting and promoting children's rights. The 
ISNA reported that 1,493 children, some abandoned and others victims of 
mistreatment, were staying in its shelters at the end of the year. It 
reported 842 cases of physical mistreatment, 454 cases of negligence, 
and 446 cases of abandonment, compared to 913 cases of physical 
mistreatment, 366 cases of negligence, and 573 cases of abandonment 
reported in 2001. Using different criteria, the ISDEMU recorded 1,694 
cases of abuse during the year, compared to 1,196 in 2001.
    The ISNA reported 173 cases of sexual abuse during the year, 
compared to 115 in 2001. A majority of the victims were female.
    Substance abuse (glue, paint thinner, and crack cocaine) was a 
problem among urban street children. FUNDASALVA, an NGO, provided drug 
counseling and treatment to minors. Another NGO, the Olaf Palme 
Foundation, reported that it registered 40 cases of police abuse and 
mistreatment of street children through the beginning of December. Of 
those cases, 23 were reported to the PDDH and 5 to the Attorney 
General's office. In the other cases, the NGO reported that the 
children feared reprisals if they reported the abuse. As an example of 
the mistreatment, the NGO reported that on October 30, a group of 
police accused three youths between the ages of 13 and 16 of being 
thieves when they came out of a church in downtown San Salvador. The 
police handcuffed one youngster, hit another, and put glue in the hair 
of a third. Later they made one of the youths clean their patrol car.
    The PNC incorporated PDDH human rights training into programs for 
police units that deal with juveniles.
    Child prostitution is a problem. Between 10 and 25 percent of 
visible prostitutes are minors, and an estimated 40 percent of the 
hidden prostitutes who cater to upper-class clients are believed to be 
minors, according to a UNICEF study released in 2000. ISNA assisted 15 
children who were involved in prostitution, compared with 24 in 2001.
    Children, especially those living on the streets, wee trafficked to 
other countries and then forced into prostitution (see Section 6.f.).
    Child labor is a problem (see Section 6.d.).

    Persons with Disabilities.--The National Secretariat of the Family 
estimated in 2000 that at least 8 percent of the population had some 
form of disability. A 2000/2001 study by the World Health Organization 
in conjunction with local and international partners found that the 
majority of persons with disabilities were young, lived in rural areas, 
and had little access to rehabilitation services. It found that many of 
the causes of disability were preventable.
    A significant number of the country's population of persons with 
disabilities consists of former combatants and civilians wounded during 
the conflict. Government and international funding provide 
rehabilitation programs for these persons. During the year, the 
Government accepted new registrations of persons wounded and disabled 
as a result of the armed conflict (1980-92). Legislation passed in 
December 2001 mandated this response to long-standing complaints that 
thousands of war wounded had been unable to register during the initial 
registration period. The re-registration opened the way for thousands 
of additional persons with disabilities to receive government benefits.
    Efforts to combat discrimination and increase opportunities for 
those whose disabilities are unrelated to the war are growing but 
remain inadequate. During the year, the Ministry of Labor promoted 
voluntary compliance with a 2000 law that requires businesses to employ 
1 person with a disability for every 25 employees, an increase from the 
pre-existing requirement of 1 to 50. The Ministry's resources are 
limited, and its records are kept on paper files in its regional 
branches. There are no reliable data on the number of persons with 
disabilities who are employed; however, the unemployment rate is 
significantly higher than that in the general population.
    Access by persons with disabilities to basic education was limited 
due to lack of facilities and appropriate transportation. Only a few of 
the Government's community-based health promoters have been trained to 
treat persons with disabilities, and they rarely provided such service.
    There were several organizations dedicated to protecting and 
promoting the rights of persons with disabilities, but funding was 
insufficient. Foreign funds for badly needed rehabilitation services 
channeled through the Telethon Foundation Pro-Rehabilitation, a local 
private voluntary organization, helped address numerous rehabilitation 
issues and provided alternatives for the education and rehabilitation 
of persons with disabilities. A semiautonomous institute, the 
Salvadoran Rehabilitation Institute for the Disabled, has 10 centers 
throughout the country and offers medical treatment, counseling, 
special education programs, and professional training courses. The 
Government and national and international private and nongovernmental 
organizations provide its funding.

    Indigenous Persons.--The country is ethnically homogeneous, and 
only a few hundred citizens identify as indigenous people.
    The Constitution states that native languages are part of the 
national heritage and should be preserved and respected. In reality, 
very few persons speak the indigenous language of Nahuatl. There are no 
national laws regarding indigenous rights.
    Early in the 20th century, facing active repression, most 
indigenous people adopted local customs and successfully assimilated 
into the general population, from which they now are generally 
indistinguishable. There are a few very small communities whose members 
still wear traditional dress and maintain traditional customs to a 
recognizable degree; they do so without repression or interference. 
There are no special rights for indigenous people; however, they are 
allowed to make decisions regarding their communal lands just as any 
other landowners under Article 105 of the Constitution. These small 
indigenous groups exist in the poorest parts of the rural countryside 
where employment opportunities are few and domestic violence is a 
problem.
    Indigenous people reportedly earn less than other agricultural 
laborers. Indigenous women in particular have little access to 
educational and work opportunities due to cultural practices, lack of 
resources, and rural underdevelopment. As with the poor rural sector in 
general, access to land is a problem confronting indigenous people. Few 
possessed titles to land, and bank loans and other forms of credit were 
extremely limited.
    There are some small, active indigenous associations. The largest 
and best known is the National Association of Indigenous Salvadorans.

Section 6. Worker Rights

    a. The Right of Association.--The Constitution provides for the 
rights of workers and employers to form unions or associations, and 
workers and employers exercised these rights in practice; however, 
there were some problems. There were repeated complaints by workers, in 
some cases supported by the ILO Committee on Freedom of Association 
(CFA), that the Government impeded workers from exercising their right 
of association. In June 2001, the CFA reiterated its 1999 finding that 
the existing labor code restricts freedom of association.
    There is a small organized labor sector with approximately 133 
unions, 16 federations, and three confederations representing 142,500 
workers in the private sector. In addition, there are 24 public 
employee associations and 26 peasant organizations that, together, have 
an estimated membership of 150,000 persons. Unions generally are 
independent of the Government, political parties, and other political 
forces. The Labor Code prohibits foreigners from holding leadership 
positions in unions.
    In August the Ministry of Governance refused to grant legal status 
to the Independent Monitoring Group of El Salvador, an NGO that 
monitors respect for labor rights in assembly factories (see Section 
2.b.).
    Union leaders asserted that the Government and judges continued to 
use excessive formalities as a justification to deny applications for 
legal standing to unions and federations. Among the requirements to 
obtain legal standing, unions must have a minimum of 35 members in the 
workplace, hold a convention, and elect officers.
    In July the Ministry of Labor (MOL) granted legal status to the 
Federation of Unions of Salvadoran Workers of the Food, Beverage, 
Restaurant, Hotel, and Agro-industrial Sectors. This federation 
included five food industry unions whose application to form a 
federation had been denied in 2000 because they allegedly had made 
procedural errors in their application. The ILO had called on the 
Government to reverse the 2000 decision.
    By law only private sector workers have the right to form unions 
and strike; some employees of autonomous public agencies may form 
unions if the agencies do not provide essential services. Military 
personnel, police, and government workers may not form unions but are 
allowed to form professional and employee organizations. Some of the 
most powerful labor groups are public employee associations. They have 
the same responsibilities as unions, including collective bargaining. 
The Government negotiated with public employee associations, although 
the Labor Code provides for mandatory arbitration of public sector 
disputes. The Government did not amend national legislation to 
recognize the right of association of workers employed in the service 
of the State, as recommended by the CFA in 2000.
    The law prohibits antiunion actions before a union is registered 
legally and prohibits the dismissal of workers whose names appear on a 
union application.
    Unions only may strike after the expiration of a collective 
bargaining agreement. Unions first must seek to resolve differences 
through direct negotiation, mediation, and arbitration before striking. 
To be considered legal, the strike must aim to obtain or modify a 
collective bargaining agreement and to defend the professional 
interests of workers. Union members must approve a decision to strike 
through secret ballot. The union must name a strike committee to serve 
as a negotiator and send the list of names to the MOL, which notifies 
the employer. The union must wait 4 days from the time the Ministry 
notifies the employer before beginning the strike.
    Public workers may not strike legally; however, the Government 
generally treated strikes called by public employee associations as 
legitimate.
    On September 5, workers of the Salvadoran Social Security Institute 
(ISSS) conducted a slow-down at several hospitals and clinics. They 
then initiated a strike on September 18, which continued through the 
end of the year, to pressure the Government to stop purchasing health 
care-related services from private companies. An autonomous government 
institution funded by payroll taxes and mandatory employer 
contributions, ISSS provides health care to people employed in the 
formal sector. In October a judge declared the strike illegal. In 
November the Legislative Assembly passed and then, in December, 
repealed a law that prohibited any contracting of social security-
related services. At year's end, negotiations continued over the 
reinstatement of workers dismissed during and prior to the strike and 
the payment of wages withheld from workers while they were on strike. 
ISSS management maintained it had fired the workers for threatening 
other employees or committing theft and fraud, while union leaders 
insisted ISSS had dismissed them for ``opposing privatization.'' The 
Government said it could not pay people for time they had not worked, 
and it offered to give them overtime hours to make up their lost wages 
and catch up on the institution's backlog of work.
    From September through the end of the year, dozens of strike 
leaders and their family members received phone calls threatening that 
harm would come to them if they did not cease their activities. When an 
NGO reported the threats to the Director of the PNC, he passed the 
information to the Attorney General's office, which began interviewing 
victims and attempting to trace the calls. Separately, doctors who 
wanted to work during the strike reported that they received phone 
calls threatening their own and their families' security if they 
worked.
    The Secretary General of the social security workers' union 
(STISSS) Ricardo Monge reported that five people broke into his home on 
November 15 at 1 a.m. and threatened him and his wife during the half-
hour they stayed. Allegedly they said they would kill him if he 
continued with the strike. Monge said they took union and personal 
papers but nothing else of value. He said he reported this to the 
police, the Attorney General's office, and the Human Rights Ombudsman.
    In 2001 ISSS workers engaged in several work stoppages ranging from 
2 to 24 hours. In October 2001, the ISSS dismissed 6 employees and 
suspended 22 others over an illegal work stoppage in May 2001. The 
Labor Ministry had authorized the suspension of the 22 workers for up 
to 30 days because, according to the Ministry, they had committed 
serious acts that interfered with the functioning of their workplaces. 
The union charged that the punitive measures were illegal because the 
law prohibits the dismissal or suspension of union leaders and filed a 
complaint with a labor court. The court had not issued a decision by 
year's end.
    The Labor Code prohibits partisan political activity by unions. The 
unions routinely ignored this prohibition, but the Government took no 
punitive action against them.
    Unions and other labor organizations freely affiliated with 
international labor organizations.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution and the Labor Code provide for collective bargaining 
rights for employees in the private sector and for certain categories 
of workers in autonomous government agencies, such as utilities and the 
port authority. However, both private sector unions (by law) and public 
sector employee associations (in practice) used collective bargaining.
    The MOL oversees implementation of collective bargaining agreements 
and acts as a conciliator in labor disputes in the private sector and 
in autonomous government institutions. In practice, ministers and the 
heads of autonomous government institutions often negotiate with labor 
organizations directly, relying on the MOL only for such functions as 
officially certifying unions. The Ministry often seeks to conciliate 
labor disputes through informal channels rather than attempt to enforce 
regulations strictly, which has led to charges that the Ministry is 
biased against labor. Labor leaders assert that the Government had an 
unfair advantage in arbitration of public sector labor disputes, 
because the Government holds two of three seats on arbitration panels. 
(The employer, the workers, and the Labor Ministry each name one 
representative to a panel.)
    Corruption among labor inspectors and in the labor courts continued 
to be a problem. In June 2001, the Labor Ministry removed from their 
positions five inspectors, including a senior inspector, who had been 
accepting bribes from companies.
    The Constitution prohibits discrimination against unions. It 
provides that union officials at the time of their election, throughout 
their term, and for 1 year following their term may not be fired, 
suspended for disciplinary reasons, removed, or demoted except for 
legal cause. However, the Labor Code does not require the employers to 
reinstate them, but requires the employers to provide a severance 
payment. In practice, some employers dismissed workers who sought to 
form unions. The Government generally ensured that employers paid 
severance to these workers. However, in most cases the Government did 
not prevent their dismissal or require their reinstatement. Workers and 
the ILO reported instances of employers using illegal pressure to 
discourage organizing, including the dismissal of labor activists and 
the maintenance of lists of workers who would not be hired because they 
had belonged to unions.
    On May 6, SELSA, the labor union at the bakery products company, 
LIDO, conducted an on-the-job work stoppage to protest the lack of 
progress during 3 months of salary negotiations. In the following week, 
management prohibited the entry to the workplace of 41 union members, 
including 11 union leaders, but continued to pay their salaries. Both 
sides appealed to the labor courts. Management charged the 41 union 
members were conducting an illegal strike by failing to perform their 
duties. The employees accused management of applying a lockout. The 
courts rejected both assertions. The employees requested an inspection 
by the MOL to define the status of the affected workers. SELSA charged 
that the company continued to pressure other union members by 
reprimanding them regularly for disturbing order in the company. The 
Labor Ministry reported that it conducted the requested inspections, 
but the inspectors took no further action because another office of the 
Ministry was mediating between the parties. According to the Labor 
Ministry, in July the parties agreed that the company would pay the 
workers the salaries owed to them since May 7 as well as other wages 
and benefits due to them. The Ministry said that, on July 5, the union 
leaders received their first payments, and the 30 other workers 
submitted resignations and received payment in full. A labor NGO 
reported that a Labor Ministry official refused to release the 
settlement payments to the workers unless they signed letters of 
resignation and told them their alternative was to engage in a lengthy 
effort in the courts to obtain compensation. Six of the workers who 
signed the resignation and received payment filed a suit maintaining 
that the company had fired them illegally and their resignations had 
been coerced. The legal proceedings were underway at year's end.
    Tainan, a major foreign-owned textile assembly factory, closed 
permanently in April, after initially announcing that it would suspend 
operations temporarily. The closure took place just as the union was 
reaching the affiliation level required for collective bargaining. 
While the company attributed the closure first to a lack of orders and 
then to business losses, labor advocates charged the multinational took 
this action to avoid having to deal with a union in its workplace. 
Following the initial suspension of operations, the union submitted a 
formal complaint to the MOL alleging the company had orders but chose 
to direct them to plants in other countries. The MOL responded that the 
Labor Code authorized enterprises to suspend labor contracts for lack 
of raw materials, and the law gave the MOL no discretionary authority 
in these cases. The union and its supporters in other countries 
conducted an international publicity campaign to bring pressure on 
Tainan and its buyers. In November Tainan and the union signed an 
agreement in which the company committed to open a unionized plant and 
to establish a compensation fund for workers affected by the closure.
    Between September 2001 and November, the electricity generation 
company CEL dismissed 31 members of the Union of Electrical Sector 
Workers (STSEL), 6 of whom were union leaders legally protected from 
firing. The unionists charged the action aimed to destroy their 
organization. They alleged CEL reinstated two dismissed workers after 
they joined a rival union supported by CEL. To protest the firings, 
three members held a hunger strike for 23 days in October and November, 
and union members went on strike in a transmission plant for 2 weeks in 
November. STSEL filed complaints with the MOL, the PDDH, and the labor 
courts. CEL maintained it had fired some unionists--along with non-
union members--for cause, and other union members had resigned. It 
offered severance pay to all of the employees in question, and 16 had 
accepted at year's end. The rival union denied it received preferential 
treatment from CEL. The Ministry of Labor held a mediation session in 
November, which achieved no further results. In December CEL dismissed 
18 more union members. According to the union, 10 of those fired were 
union leaders, and one had a disability that entitled him to protection 
from dismissal. At year's end, none had received severance pay.
    On December 21, 2001, the National Institute for Public Employees' 
Pensions (INPEP) dismissed 92 workers, of whom 56 were members of the 
Union of Workers of the National Institute for Public Employees' 
Pensions (SITINPEP), which complained to the ILO. The Government 
informed the ILO that the reduction in staff was necessary after 80 
percent of pension contributors transferred their savings to a new 
pension system. The CFA expressed regret that the Government did not 
try to reach an agreement with the union before dismissing the 
employees, as required by the collective bargaining agreement. It asked 
the Government to ensure that there was an investigation to determine 
the reasons for the high proportion of unionists in the group of 
persons dismissed, and that, if the investigation found any of the 
dismissals were due to union membership or union activities, the 
Government take the necessary measures to ensure the affected workers' 
reinstatement. In preparing its response, the Ministry of Labor 
asserted that INPEP had repeatedly informed the union and all INPEP 
employees that its financial situation would require a reduction in 
staff. The Ministry of Labor underscored that INPEP had eliminated 
positions based on their function, regardless of who filled them, and 
that it had paid severance to the affected employees. During the year, 
the union charged that management pressured union members to renounce 
their affiliation. These resignations, the dismissals, and voluntary 
retirements from the institution reduced SITINPEP's membership below 
the threshold required to negotiate a collective bargaining agreement.
    In February the semiautonomous port authority (CEPA) and the 
airport union, SITEAIES, signed an agreement resolving their dispute 
over the September 2001 suspension without pay of approximately 150 
security and cargo personnel at the San Salvador international airport. 
The Government replaced these workers with police and soldiers as part 
of its efforts to strengthen border security following terrorist 
attacks in the United States. The airport union charged that CEPA 
targeted union members for suspension to break the union and privatize 
some of CEPA's functions. Prior to the February agreement, all but 64 
of the airport workers had accepted a voluntary retirement package 
offered by CEPA. In accordance with the settlement, the company paid 
severance to the 64 remaining suspended workers; the affected workers 
formed a cooperative; and, in April, the cooperative began providing 
cargo services at the airport. In June the ILO called for the 
Government to carry out an investigation and determine the reasons for 
the ``militarization'' of the airport and the extent to which it 
interfered with union activities. During the year, the airport union 
repeatedly expressed concern to the MOL that CEPA management was 
pressuring other airport employees to renounce their union affiliation 
and was firing workers without notifying the union in advance, as 
required by the collective bargaining agreement. In addition, it 
criticized the Government for not having completed the formal 
registration of the June 2001 collective bargaining agreement between 
CEPA and SITEAIES.
    There are approximately 220 maquila (in-bond assembly or 
processing) plants, the majority of which are located in the country's 
15 EPZs. The Labor Code applies in the EPZs; there are no special EPZ 
labor regulations.
    Most businesses in the EPZs are subject to a growing number of 
private codes of conduct, which also include some worker rights 
protections. In addition, two EPZs have their own codes of conduct for 
all tenants. Some companies in the EPZs provided salaries and on-site 
benefits (for example, clinics, cafeterias) competitive with the best 
private sector enterprises (see Section 6.e.). However, there were 
credible reports that some factories dismissed union organizers, and 
there are no collective bargaining agreements with the 18 unions active 
in the maquila sector. The International Confederation of Trade Unions 
(ICFTU) contended in its 2000 report that some EPZ workers also 
received low pay, endured health and safety risks, 12- to 14-hour 
workdays, and had minimal toilet and rest breaks. The Government 
contends that the workers often prefer not to use safety equipment, and 
they have time for toilet and rest breaks.
    The Ministry of Labor reported that it received nine complaints of 
minimum-wage violations during the year, of which seven had been 
resolved in favor of the workers. In the two remaining cases, the 
Ministry had initiated the process of imposing a fine (see Section 
6.e.).
    In May 2001, a foreign NGO, the National Labor Committee (NLC), 
made public the text of an August 2000 report on the maquila sector by 
the Labor Ministry that described what it called the systematic 
violation of workers' efforts to form unions as well as safety problems 
and mandatory overtime policies (see Section 6.e.). The report also 
identified weaknesses in the Ministry of Labor that undermined 
employers' and workers' confidence in the institution. After the 
initial publication of the report, the maquila association criticized 
it as unsubstantiated and inaccurate. Labor NGOs, unions, and workers 
affirmed that it described accurately conditions in the sector. In 
August 2000, the Minister of Labor retracted the report, saying that it 
had been published without his approval and did not adequately document 
its assertions. President Flores stated publicly that the report showed 
the Ministry of Labor was working to monitor conditions in the 
maquilas.
    During the year, there was no progress in the 2001 labor court case 
of a pregnant woman fired by the apparel factory Amitex, allegedly for 
participating in the formation of a union.
    Since 2000 the MOL has had branch offices in EPZs to make its 
services more accessible to its users. The Ministry provides the staff, 
and the EPZs covered other costs.
    Workers in a number of plants reported verbal abuse, sexual 
harassment and, in several cases, being hit by a supervisor. The MOL 
has insufficient resources to cover all the EPZs, much less the much 
larger national private sector. In addition, corruption among labor 
inspectors continued to be a problem (see Section 6.a.).
    Although a 1996 law gives the Ministry of Economy the power to 
withdraw free zone privileges from companies that violate labor 
regulations, there have been no instances in which this has been used 
or even threatened publicly. The ICFTU has reported persistent problems 
facing female employees in EPZs, including mandatory pregnancy tests 
and firing of workers who are pregnant (see Section 5).

    c. Prohibition of Forced or Bonded Labor.--The Constitution 
prohibits forced or compulsory labor, except in the case of natural 
catastrophe and other instances specified by law, and the Government 
generally enforces this provision; however, trafficking in persons, 
primarily women and children, is a problem (see Section 5).
    Although not specifically prohibited by law, forced and bonded 
labor by children is covered by the general prohibition. There were no 
reports that such practices occurred in the formal sector; however, 
there were reports that minors were forced into prostitution, and 
trafficking in children is a problem (see Sections 5 and 6.f.).

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Constitution prohibits the employment of children 
under the age of 14; however, child labor is a problem. According to 
the annual household census conducted by the Directorate General of 
Statistics and Censuses in 2001, more than 75,000 children between the 
ages of 5 and 13 worked, as did almost 147,000 minors between the ages 
of 14 and 17. Minors, age 14 or older, may receive special Labor 
Ministry permission to work, but only where such employment is 
indispensable to the sustenance of the minor and his or her family. 
This is most often the case with children of peasant families who 
traditionally work during planting and harvesting seasons. The law 
prohibits those under the age of 18 from working in occupations 
considered hazardous (see Section 6.e.). The law limits the workday to 
6 hours (plus a maximum of 2 hours of overtime) for youths between 14 
and 16 years of age and sets a maximum normal workweek for youths at 34 
hours. The constitutional provisions apply to all sectors of the 
economy. However, there is a large informal sector where it is 
difficult to monitor practices or enforce labor laws. Orphans and 
children from poor families frequently work for their own or family 
survival as street vendors and general laborers in small businesses, 
mostly in the informal sector. Children in these circumstances often do 
not complete schooling. There were no reports of child labor in the 
industrial sector. It does not exist in the EPZs.
    The MOL is responsible for enforcing child labor laws; in practice, 
labor inspectors focused almost exclusively on the formal sector, where 
child labor is rare, and few labor inspectors have dealt with child 
labor cases. The MOL has a mandate to monitor employers' observance of 
labor laws; however, there are no employers as such in most of the 
sectors identified as worst forms of child labor by a national 
committee. In 2001 the committee, composed of seven government agencies 
and representatives of labor, employers, and NGOs, identified 
commercial sexual exploitation, work in garbage dumps, fishing/
shellfish harvesting, sugarcane farming, and fireworks as the worst 
forms of child labor. The MOL receives few complaints of violations of 
child labor laws, because many citizens perceive child labor as an 
essential component of family income rather than a human rights 
violation.
    The Labor Code does not prohibit specifically forced and bonded 
labor by children, but they are covered by its general prohibition; 
however, there were reports that minors were forced into prostitution 
(see Section 6.c. and 6.f.).

    e. Acceptable Conditions of Work.--The minimum wage is set by 
executive decree based on recommendations from a tripartite 
(government, labor, and business) committee. The minimum daily wage is 
$4.80 (42 colones) for commercial, industrial, construction, and 
service employees; $2.47 (22 colones) for agricultural workers; and 
$3.57 (31 colones) for seasonal agriculture industry workers. The 
minimum wage with benefits does not provide a decent standard of living 
for a worker and family.
    The MOL is responsible for enforcing minimum wage laws and 
generally does so effectively in the formal sector. However, some 
maquila plants underpaid workers and failed to compensate them in 
accordance with the law for mandatory overtime, and did not pay legally 
mandated contributions to health and pension programs. On January 1, 
Laitex, a foreign-owned maquila, ceased operations without paying its 
workers their salaries for the last 2 weeks of December, mandatory 
annual bonus payments, or severance. In addition, although it had 
consistently deducted mandatory employee contributions for health and 
pension programs, it had not transferred either the employees' funds or 
the mandatory employer contributions to the respective institutions. 
Two hundred and seventy of Laitex's 459 employees filed a complaint 
with the MOL. The Government prohibited the transfer or sale of 
Laitex's physical assets until the debts were resolved. To recuperate 
its fabric, Dorby Frocks, a foreign partner of Laitex, paid the overdue 
salaries; however, at year's end, neither company had paid the other 
debts.
    The law sets a maximum normal workweek of 44 hours. It limits the 
workweek to no more than 6 days for all workers. It requires bonus pay 
for overtime. By law a full-time minimum wage employee is paid for an 
8-hour day of rest in addition to the 44-hour normal workweek and 
receives an average of 1 month's wage a year in required bonuses plus 2 
weeks of paid vacation. Many workers worked more hours than the legal 
maximum; some were paid overtime but others were not.
    The Constitution and the Labor Code require employers, including 
the Government, to take steps to ensure that employees are not placed 
at risk in their workplaces. These laws prohibit the employment of 
persons under 18 years of age in occupations considered hazardous or 
morally dangerous, such as bars and billiard halls; the prohibition 
also applies to hazardous occupations such as agricultural work with 
poisonous chemicals or factory work with dangerous equipment. The Labor 
Code prohibits pregnant women from engaging in strenuous physical 
exertion at the workplace after the 4th month of pregnancy. Health and 
safety regulations are outdated, and enforcement is inadequate. The MOL 
attempts to enforce the applicable regulations but has restricted 
powers and limited resources to enforce compliance. Workers in some 
maquilas expressed concerns about unhealthy drinking water, unsanitary 
bathrooms, and eating facilities, and inadequate ventilation (problems 
with dust and heat). Some of the largest plants have dust control, air 
conditioning, on-site medical facilities, and enforced safety regimes.
    In July hundreds of workers showing classic signs of airborne 
contamination by a toxic substance were evacuated from several maquilas 
in a free trade zone. The workers were transported to hospitals, and 
almost all of those admitted were discharged within 24 hours. The 
company where the contamination appeared to originate closed its plant 
and did not allow anyone - including Ministry of Labor and Environment 
inspectors - to enter for more than 48 hours. Initial medical 
examinations and tests within the plants revealed no evidence of 
contamination. The Institute of Forensic Medicine identified a chemical 
used in the production of tear gas. Following further investigation, an 
interagency government report stated that none of the products 
authorized for use in the maquilas' activities produced the 
contaminant. It determined that a chemical agent unrelated to the 
industrial process must have caused the contamination and, therefore, 
the companies' monitoring systems could not have prevented the 
incident. At year's end, the Attorney General's office had not 
determined how the chemical had entered the facilities.

    f. Trafficking in Persons.--In October 2001, the Legislative 
Assembly approved criminal code reforms that prohibited trafficking in 
persons. Prior to the reforms the Criminal Code stipulated that any 
crime involving commerce in women or children automatically carried a 
30 percent increase in the prison sentence or fine that otherwise would 
be imposed for that crime; however, trafficking in persons is a 
problem.
    Women and children are trafficked for prostitution to Mexico, 
Guatemala, and other Central American countries. In the past, there 
were credible reports that women and children were lured to Mexico by 
procurers only to be sold to owners of establishments there who then 
force the trafficked persons to work off the debt as prostitutes. On at 
least two occasions during the year, the Prensa Grafica newspaper 
reported the rescue of about a dozen Salvadoran women and girls from 
brothels in Mexico, where traffickers had obligated them to work. In 
2001 Guatemalan authorities reported that street children from El 
Salvador were lured to border areas with Guatemala where they are then 
forced into prostitution by organized rings. In July police in 
Guatemala City raided a brothel and rescued nine children who had been 
lured from El Salvador by offers of legitimate employment, but then 
were forced into prostitution by the brothel's owner. Trafficking of 
female teenagers, from 14 to 19 years-of-age, for sexual exploitation 
also occurs within the country to the ports of Acajutla and La 
Libertad. The majority of trafficked victims transiting El Salvador are 
from Nicaragua, Honduras, and South America. According to police 
reports, Nicaraguan minors are trafficked to bars in the cities of San 
Miguel and El Sauce where they work as prostitutes. The most common 
methods used to approach the victims are kidnaping, lucrative job 
offers, and inducement into prostitution by friends.
    The Unit for the Protection of Women and Children in the Attorney 
General's office investigates cases of abuse against women and 
children, including trafficking. The PNC, ISNA, and the Directorate of 
Immigration also are involved in combating trafficking in persons. 
However, the investigative units are new and poorly funded, and the 
Government has not prosecuted traffickers.
    The Government deports non-Salvadoran victims of trafficking; 
however, victims can obtain temporary residency or refugee status if 
they are likely to face political persecution in the country of origin. 
Access to legal, medical, and psychological services is provided to the 
victims. Victims of trafficking are not treated as criminals. The 
Government does not provide assistance to its repatriated citizens who 
are victims of trafficking, nor does it support the NGOs that assist 
them.
                              ----------                              


                                GRENADA

    Grenada is a parliamentary democracy, with a Governor General as 
titular Head of State. In the 1999 parliamentary elections, Prime 
Minister Keith Mitchell's New National Party (NNP) won all 15 seats and 
formed a new government. Subsequently, one Member of Parliament left 
the NNP and became the sole opposition member. The elections were 
conducted openly and fairly and were free of violence. The Constitution 
provides for an independent judiciary.
    The 800-member Royal Grenada Police Force was responsible for 
maintaining law and order. It was controlled by and responsive to 
civilian authorities. There were occasional allegations of abuse by the 
police.
    The free-market economy was based on agriculture and tourism. 
Grenada and 2 smaller islands, Carriacou and Petit Martinique, had a 
population of approximately 103,000. The projected annual real economic 
growth rate was 0.6 percent, compared with an estimated -3.4 percent in 
2001.
    The Government generally respected the human rights of its 
citizens; however, there were problems in a few areas. There were 
allegations of police brutality. Violence against women was common, and 
more women reported incidents of abuse and sought help from various 
support systems. Child abuse remained a significant problem, and in 
October 2001 the Social Services Ministry established a special hot 
line to handle complaints of abuse. Grenada 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 reported incidents of torture. Flogging, a legal form of punishment, 
was rare but has been used as punishment for sex crimes and theft 
cases.
    There were several reports of alleged police brutality. In mid-
August the Nutmeg Association farmers led a march in the streets of St. 
George's to protest the Government's decision to support a private 
company, which offered farmers a higher price for their nutmeg than 
that which traditionally was offered by the Nutmeg Association. A 
police officer allegedly manhandled a woman during the demonstration. 
The Police Commissioner publicly requested anyone who had been treated 
brutally to report the incident to the Criminal Investigation 
Department, but no one came forward. As a result, the matter was 
dropped.
    The media reported a second case in which three college students 
threatened legal action against members of the Royal Grenada Police 
Force for alleged police brutality. The police allegedly accused the 
boys of being members of the ``Ginger Crew Gang,'' a group of teenage 
boys who were involved in the forced entry and disturbance of social 
functions, where they fought with the patrons. The three students 
asserted that they became victims of severe police brutality and 
retained a lawyer to press their case.
    Allegations of police brutality were investigated internally by the 
police. The Police Commissioner could discipline officers in valid 
cases of brutality with penalties that may include dismissal from the 
force. The Police Commissioner continued to speak out strongly against 
police use of unlawful force.
    Prison conditions generally met international standards, and the 
Government permitted visits by independent human rights observers.

    d. Arbitrary Arrest, Detention, or Exile.--The law provides the 
police with the right to detain persons on suspicion without a warrant, 
but they must bring formal charges within 48 hours. The police 
generally adhered to this time limit in practice. If the police do not 
charge a detainee within 48 hours, they must release the person.
    The law provides for a judicial determination of the legality of 
detention within 15 days after arrest on a criminal charge. The police 
must formally arraign or release a detained person within 60 days, and 
the authorities generally followed these procedures. There was a 
functioning system of bail, although persons charged with capital 
offenses were not eligible. Persons charged with treason may be 
accorded bail only upon the recommendation of the Governor General.
    The Constitution does not address exile, but the Government did not 
use it.

    e. Denial of Fair Public Trial.--The judiciary, a part of the 
Eastern Caribbean legal system, was generally independent. Final appeal 
may be made to the Privy Council in the United Kingdom. Those arrested 
on criminal charges are brought before a judge to determine whether 
there is sufficient evidence to substantiate the charges; if there is, 
the judge remands the defendant for trial.
    The law provides for the right to a fair public trial, and the 
authorities generally observed this right in practice. There is a 
presumption of innocence, and the law protects persons against self-
incrimination and requires the police to explain a person's rights upon 
arrest. The accused has the right to remain silent and to seek the 
advice of legal counsel. A defense lawyer has the right to be present 
during interrogation and may advise the accused how to respond or not 
to respond to questions. The accused has the right to confront his 
accuser.
    The court appointed attorneys for indigents only in cases of murder 
or other capital crimes. In other criminal cases that reached the 
appellate stage, the court appointed a lawyer to represent the accused 
if the defendant was not represented previously or reappointed earlier 
counsel if the appellant no longer could afford that lawyer's services. 
Due to the backlog of cases caused by a shortage of judges and 
facilities, those charged with serious offenses must wait from 6 months 
to 1 year before coming to trial in the High Court. With the exception 
of persons charged with murder and foreign-born drug suspects, the 
courts granted most defendants bail while awaiting trial.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices, and the 
authorities generally respected these prohibitions. The law generally 
requires judicially issued warrants for searching homes, except in 
cases of hot pursuit. The law contains other exceptions that give the 
police and security units legal authority to search persons and 
property without warrants in certain circumstances. In practice police 
obtained warrants in the majority of cases before conducting any 
search.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice. There were three weekly newspapers, 
and several other newspapers published irregularly. One of the weeklies 
was affiliated with an opposition political party, but the three most 
widely circulated newspapers were independent and often critical of the 
Government. The newspapers routinely carried press releases by the 
opposition parties, including regular weekly columns expressing the 
opposition parties' views.
    There were 10 radio stations. The main station was part of the 
Grenadian Broadcasting Network (GBN), a privately owned organization in 
which the Government held a minority share. The principal television 
station was also part of the GBN, and there was a privately owned 
television station. A cable television company operated in most areas 
of the country. All newspapers, radio, and television stations enjoyed 
independence from the State and regularly reported opposition views. 
The television news often carried reports on opposition activities, 
including coverage of political rallies held by various political 
parties and candidates, public forums featuring political leaders of 
each of the major parties, and other public service broadcasts.
    The Government 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 right to assemble for any peaceful purpose and for the 
right of association, and the Government generally respected these 
rights in practice. Supporters of political parties met frequently and 
held public rallies; the authorities require permits for the use of a 
public address system but not for public meetings themselves.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government 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 freedom of 
movement within the country, and all citizens had the right to enter 
and leave the country, except in special circumstances as outlined in 
and limited by the 1986 Act to Restrict the Freedom of Movement of 
Certain Persons. This law allows the Minister for National Security to 
restrict travel out of the country by any person whose aims, 
tendencies, or objectives include the overthrow of the democratic and 
parliamentary system of government; it has not been invoked in the past 
few years. Anyone so restricted may appeal after 3 months to an 
independent and impartial tribunal. The Chief Justice appoints an 
accredited lawyer to preside over such a tribunal.
    No formal government policy toward refugee or asylum requests 
existed. 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
    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. General elections must be held every 5 years; in 
January 1999, Prime Minister Keith C. Mitchell's NNP was returned to 
office, securing all 15 seats in Parliament. In 2000 a Member of 
Parliament changed party affiliation to become the single elected 
opposition member, leaving the NNP with a majority of 14 seats.
    There were no legal or other impediments to the participation by 
women in government or politics. Four of the 15 elected Members of 
Parliament were women; there was 1 woman among the 13 appointed 
Senators. Women filled 10 of the 15 permanent secretary posts, the 
highest civil service position in each ministry.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Local human rights groups generally operated without government 
restriction, and the Government cooperated with visits from 
international human rights organizations.
    In September 2001, the Government inaugurated a Truth and 
Reconciliation Commission to investigate the period between the mid-
1970s and the late 1980s. The commission's terms of reference specify 
the objective of recommending ``general amnesty to certain persons who 
in the opinion of the commission have given truthful information during 
the hearing of evidence.'' The commission was expected to review the 
convictions of former Deputy Prime Minister Bernard Coard and other 
leaders of the former People's Revolutionary government for their roles 
in the 1983 assassination of former Prime Minister Maurice Bishop and 
his cabinet colleagues. In 1986 a court convicted Coard and 18 other 
revolutionary leaders of murder and sentenced them to death; 
subsequently, 2 were pardoned, and the sentences of the remaining 17 
were commuted to life in prison. Of these, one person was granted 
parole to undergo medical treatment overseas.
    The 16 prisoners retained a lawyer from Trinidad who filed a 
constitutional motion on their behalf. In February a high court judge 
ruled that three should be released; the Government appealed, and in 
November the Eastern Caribbean Court of Appeal overturned the High 
Court's decision. The Truth and Reconciliation Commission held many 
meetings but had not presented its final report to the Government by 
year's end.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution prohibits discrimination based on race, place of 
origin, political opinion, color, creed, or sex, and the Government 
generally adhered to these provisions.

    Women.--Women's rights monitors believed that violence against 
women remained a serious problem, and there was a notable increase in 
reports of incidents of violence during the year. Some observers 
believed that there was a new willingness by women to report abuse and 
seek assistance after Parliament enacted a bill aimed at combating 
domestic violence in May 2001. It provides for penalties including jail 
sentences, fines, and community service and also includes provisions 
for issuance of restraining orders. The police stated that most cases 
of abuse were not reported, and others were settled out of court. The 
law stipulates a sentence of 15 years' imprisonment for a conviction of 
any nonconsensual form of sex. Sentences for assault against a spouse 
varied according to the severity of the incident. There was a shelter 
for battered and abused women and their children in the northern part 
of the island, with medical and psychological counseling personnel on 
its staff. The home accommodates 20 persons.
    Prostitution is illegal.
    Sexual harassment in the workplace was a problem.
    There was no evidence of official discrimination in health care, 
employment, or education. Women frequently earned less than men 
performing the same work; such wage differences were less marked for 
the more highly paid jobs.

    Children.--The Social Welfare Division within the Ministry of 
Housing, Social Services, and Cooperatives provided probationary and 
rehabilitative services to youths, day care services and social work 
programs to families, assistance to families wishing to adopt or 
provide foster care to children, and financial assistance to the six 
children's homes run by private organizations.
    Education is compulsory until the age of 16.
    Government social service agencies reported a further increase in 
the number of child abuse cases, including sexual abuse. Abused 
children were placed either in a government-run home or in private 
foster homes. The law provides for harsh penalties against those 
convicted of child abuse and disallows the victim's alleged ``consent'' 
as a defense in cases of incest. There were three convictions for such 
offenses during the year, with abusers sentenced to a maximum of 15 
years in prison. In January Parliament passed a Child Protection Act. 
In October the Social Services Ministry established a child abuse hot 
line; it received an average of six calls per day. Women's 
organizations and other nongovernmental groups increased their public 
awareness efforts to recognize and combat sexual abuse of women and 
children.

    Persons with Disabilities.--The law does not protect job seekers 
with disabilities from discrimination in employment, nor does it 
mandate provision of accessibility to public buildings or services. The 
National Council for the Disabled and the National Children's Home 
assisted the Government in placing students with disabilities into 
community schools. The Council also sought assistance from architects 
and builders in the construction of ramps at hotels and public 
buildings, and ramps were installed at some hotels and government 
buildings.

Section 6. Worker Rights

    a. The Right of Association.--All workers were free to organize 
independent labor unions. Although employers were not legally obliged 
to recognize a union formed by their employees, they generally did so 
in practice. Labor Ministry officials estimated that 25 percent of the 
work force was unionized, a decline reflecting loss of jobs during the 
year. Union leaders played a significant role in the political process, 
and one labor leader served in the Senate on behalf of the Grenada 
Trades Union Council (GTUC).
    The law prohibits discrimination by employers against union members 
and organizers. Mechanisms exist to resolve complaints of 
discrimination. After all avenues for resolving a complaint have been 
exhausted between union representatives and employers, both sides may 
agree to ask for the assistance of the Labor Commissioner. If the Labor 
Commissioner is unable to find a resolution to the impasse, the 
Minister of Labor intervenes and, if unable to reach an agreement, may 
appoint an arbitration tribunal if both parties agree to abide by its 
ruling. The law requires employers who are found guilty of antiunion 
discrimination to rehire dismissed employees, but in most cases the 
employee accepts the option of compensation. There were no cases of 
antiunion discrimination reported to the Ministry during the year.
    All unions were technically free of government control, and none 
received government financial support. However, all of the major unions 
belong to one umbrella labor federation, the GTUC, which was subsidized 
by the Government. The GTUC held annual conventions and determined some 
policies for member unions.
    The GTUC and its unions freely affiliated with regional and 
international trade union groups.

    b. The Right to Organize and Bargain Collectively.--Workers were 
free to organize and to participate in collective bargaining. The law 
requires employers to recognize a union that represents the majority of 
workers in a particular business.
    Workers in the private and public sectors were free to strike, once 
legal and procedural requirements were met. There were several strikes 
or other types of industrial action during the year, including those by 
workers at the Nutmeg Association, the Grenada Sugar Factory, and the 
airport. All were short-lived and were settled with the intervention of 
the Labor Commissioner, the Minister of Labor, and the respective 
unions.
    There were no export processing zones.

    c. Prohibition of Forced or Bonded Labor.--The Constitution 
specifically prohibits forced or bonded labor, including by children, 
and it was not known to occur.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Child labor is illegal; however, children sometimes worked 
in the agricultural sector. The statutory minimum age for employment of 
children is 18 years. Inspectors from the Ministry of Labor enforced 
this provision in the formal sector by periodic checks; however, 
enforcement efforts in the informal sector were lax. The Government has 
endorsed but not yet ratified the International Labor Organization's 
Convention 182 on elimination of the worst forms of child labor.

    e. Acceptable Conditions of Work.--For the first time, the 
Government established a tripartite Wages Advisory Committee, composed 
of union, business, and government representatives. The Labor Ministry 
prescribed minimum wages, which took effect in September. Minimum wages 
were set for various categories of workers; for example, agricultural 
workers were classified into male and female workers. Rates for men 
were $1.85 (EC$5.00) per hour, and for women $1.75 (EC$4.75) per hour; 
however, if a female worker performed the same task as a man, her rate 
of pay was the same. All agricultural workers must be paid for a 
minimum of 5 hours per day. The minimum wage for domestic workers was 
set at $148.14 (EC$400) monthly. The minimum wage was not sufficient to 
provide a decent standard of living for a worker and family. Most 
workers, including nonunionized workers, received packages of benefits 
from employers set by collective bargaining agreements between 
employers and labor unions. Many families received remittances from 
relatives abroad and also helped support themselves through garden-plot 
agriculture.
    The Constitution stipulates that the maximum number of hours per 
week workers may work is 40. The law does not prescribe a standard 
workweek, except for the public sector, which is expected to work a 40-
hour week Monday through Friday. The normal workweek in the commercial 
sector included Saturday morning work but did not exceed 40 hours.
    The Government sets health and safety standards, but the 
authorities enforced them unevenly. Workers can remove themselves from 
dangerous workplace situations without jeopardy to continued 
employment.

    f. Trafficking in Persons.--There were no laws that specifically 
address trafficking in persons. There were no reports that persons were 
trafficked to, from, or within the country during the year.
                               __________

                               GUATEMALA

    Guatemala is a democratic republic with separation of powers and a 
centralized national administration. The 1985 Constitution provides for 
universal suffrage to elect a one-term president and a unicameral 
congress. President Alfonso Portillo of the Guatemalan Republican Front 
(FRG) took office in January 2000 following a generally free and fair 
December 1999 runoff election. The FRG maintains a majority (63 seats) 
in the 113-member Congress. Despite significant pledges, the Portillo 
administration and Congress took only limited steps to implement the 
Peace Accords concluded with the Guatemalan National Revolutionary 
Unity (URNG) guerrillas in 1996. The judiciary is independent; however, 
it suffers from inefficiency, corruption, and intimidation.
    The Minister of Interior oversees the National Civilian Police 
(PNC), created in 1997 under the terms of the Peace Accords. The PNC 
has sole responsibility for internal security. There are no active 
members of the military in the police command structure. In February 
the President ordered the dismissal of several military officers from 
positions in the Ministry of Interior. However, the Government 
frequently ordered the army to support the police, who are ill-equipped 
and lack resources. The United Nations Verification Mission in 
Guatemala (MINUGUA) reported that this practice constituted a grave 
setback for the demilitarization of public security, as called for by 
the Accords, and that there were no indications that joint operations 
reduced crime levels. Under existing law, military personnel were 
subordinated to police control during joint patrols or operations. The 
Constitution requires the Minister of Defense to be an active duty 
military officer. On December 29, the President announced a reduction 
of 162 persons from the Presidential Military Staff (EMP) and committed 
to further reductions and eventual dissolution of the EMP in 2003, in 
long-overdue compliance with the Peace Accords. Nevertheless, the 
Government has steadily increased the EMP's budget, while devoting a 
lesser amount of resources to its successor organization, the 
Secretariat for Strategic and Administrative Affairs (SAAS). Although 
troop readiness levels are low, the overall military budget again 
surpassed what the Peace Accords call for, leading civil society groups 
to allege corruption and call for transparency in budget and spending. 
Some members of the security forces committed human rights abuses. A 
number of retired military officers with widely acknowledged ties to 
violent, organized crime continued to have significant influence within 
the army, police, judiciary, and executive branch.
    The private sector-dominated economy grew by approximately 2 
percent during the year. The country has a population of approximately 
13 million. Coffee, sugar, and bananas are the leading traditional 
exports, but tourism, apparel assembly, and other nontraditional 
industries all contribute more than coffee. Significant declines in 
world prices for coffee adversely affected the economy. Almost 40 
percent of the work force and 60 percent of the poor are engaged in 
some form of agriculture, according to census data. Inflation was 6.3 
percent during the year, but the national currency held its value 
against the dollar. Land distribution is highly skewed. One percent of 
farms contain more than one-third of all land being cultivated. There 
is a marked disparity in income distribution and poverty is pervasive, 
particularly in the large indigenous community. Approximately 83 
percent of the population lives in poverty; this figure rises to 90 
percent among indigenous people. According to the U.N. Development 
Program (UNDP), 59 percent of the population lives in extreme poverty. 
Combined unemployment and underemployment were estimated at 46 percent. 
Foreign aid is an important part of national income. Remittances from 
citizens living abroad were the leading source of foreign currency and 
are growing.
    The Government generally respected the human rights of its 
citizens; however, serious problems remain, and the human rights 
situation deteriorated in some areas. There were several reports of 
extrajudicial killings by security forces. There were increased reports 
of violent deaths, killings, and ``social cleansing'' in which persons 
deemed socially undesirable (e.g., gang members, local delinquents, 
street children, prostitutes, and homosexuals) were murdered. Lynchings 
and mob violence occurred at a higher rate than in 2001, although the 
numbers of deaths decreased due to improved police intervention. In 
some cases, security forces tortured, abused, and mistreated suspects 
and detainees. Prison conditions remained harsh. In many cases, the 
prosecutorial and judicial systems were unable to ensure full and 
timely investigations, fair trials, or due process. Arbitrary arrest 
and lengthy pretrial detentions continued to be problems. Judges and 
other law enforcement officials were subject to intimidation and 
corruption. In May the U.N. Special Rapporteur for Human Rights 
Defenders noted a significant deterioration in the security of human 
rights workers. Increased threats against judicial personnel, 
journalists, witnesses, labor organizers, church activists, and labor 
unionists heightened public insecurity. The obstruction of justice, 
threats, and intimidation also were traced to ``parallel forces'' or 
``clandestine groups'' related to the Government. MINUGUA found that 
the majority of human rights violations were the result of the failure 
of the state to investigate and punish those who broke the law. MINUGUA 
estimated that 15 percent of the violations derived from the 
obstruction of justice, particularly by police officers whose only 
punishment was to be rotated out from assignments where there were 
problems. Efforts to reform the judiciary continued; however, impunity 
was systemic.
    Most human rights cases remained pending for lengthy periods 
without being investigated or languished in the courts as defense 
attorneys took advantage of the inefficient judicial system and filed 
numerous motions and appeals to delay trials. On October 8, appeals 
judges annulled the 2001 conviction in the Bishop Gerardi murder case 
and ordered a retrial. The prosecution has appealed the judges' 
decision. On September 3, the trial of the alleged intellectual authors 
of the 1990 murder of anthropologist Myrna Mack began after a 12-year 
delay. On October 3, the court found former colonel Juan Valencia 
Osorio guilty of ordering her murder and sentenced him to 30 years 
imprisonment. The Government made some progress in fulfilling 
settlements negotiated by the Inter-American Commission on Human Rights 
(IACHR), such as in the case of murdered journalist Irma Flaquer, but 
negotiated no new settlements during the year.
    Violence and discrimination against women persisted, as did 
societal abuse of children and discrimination against the disabled and 
indigenous people. Workers' efforts to form unions and participate in 
union activities were hindered by ineffective government protection. 
Child labor and trafficking in women and children were continuing 
problems. Guatemala 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.
    Attacks on human rights workers increased during the year. While 
some of these attacks may have been instances of common crime, the 
numbers and patterns of the attacks point to a deliberate, systematic 
effort to intimidate human rights workers. In March, members of a 
coalition of human rights groups demanded that the Government take 
measures to ensure the security of human rights workers, investigate 
and prosecute the material and intellectual authors of the attacks, 
investigate the existence of clandestine groups and parallel forces 
linked to state institutions believed to be behind the attacks, and 
dismantle them. The Secretariat of Strategic Analysis produced a report 
on the existence of such groups, although other public officials 
refuted its findings. Human rights groups broke off dialogue, asserting 
that the Government failed to respond adequately to their concerns and 
did not accept the President's offer to meet with them. Some government 
officials made public comments disparaging human rights workers and 
international observers, and asserted that some of them had fabricated 
alleged abuses.
    In July members of the former Civil Defense Patrols (PAC) demanded 
payment for services rendered to the army during the armed conflict. 
The Government's initial agreement to provide indemnification prompted 
protest from civil society groups and international human rights 
observers. Opponents argued that compensating groups, many of which had 
committed documented human rights abuses during the conflict, was an 
insult to the victims for whom a National Reparations Plan has not been 
developed.
    MINUGUA continued to monitor peace accord implementation and human 
rights issues. The Government asked the U.N. to extend MINUGUA's 
mandate. MINUGUA reported that the overall human rights situation 
deteriorated, and there were increased signs of the participation of 
clandestine groups in illegal activities linked to employees of the 
police, military intelligence, justice system, and Public Ministry. 
These groups appeared to act with relative autonomy, and there was no 
evidence that they were a part of government policy; however, they 
operated with impunity. MINUGUA found evidence of civilian and military 
officers linked to these groups operating both officially and 
unofficially within the executive and judicial branches.
    In March Amnesty International (AI) reported that successive 
governments had failed to implement the human rights elements of the 
1996 Peace Accords. The report alleged that this failure had 
contributed to new death threats, attacks, and other acts of 
intimidation against the country's human rights community and others 
trying to combat impunity. The report claimed that the failure of the 
legal system to deliver justice has been a major contributory factor to 
this situation. In August Human Rights Watch (HRW) reported that 
similar threats and attacks against human rights defenders were carried 
out by a clandestine group with possible links to both public security 
forces and organized crime. In September AI reported the continued 
operation of Civil Defense Patrols despite the provision for their 
dissolution in the Peace Accords.
    A new Human Rights Ombudsman, backed by civil society 
organizations, was elected in June. A new Attorney General was selected 
on May 9 and promised to combat impunity and promote respect for human 
rights. He appointed a special prosecutor for crimes against human 
rights workers and agreed to appoint a special prosecutor for crimes 
against the indigenous.
                        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 
allegations of politically motivated killings by government agents, and 
security forces allegedly committed some extrajudicial killings. The 
Government demonstrated some willingness to arrest and prosecute those 
responsible; however, in many cases the scarcity of law enforcement 
resources and a weak prosecutorial system prevented the Government from 
adequately investigating killings and other crimes or arresting and 
successfully prosecuting perpetrators (see Sections 1.c. and 1.e.).
    MINUGUA reported that it had received 89 allegations of 
extrajudicial killings between July 2001 and June and had confirmed the 
validity of the claims in 13 cases and 25 attempted killings. In the 
previous reporting cycle, July 2000 to June 2001, MINUGUA corroborated 
26 killings out of 43 allegations. The report noted a number of 
extrajudicial killings by members of the police. Many of these cases 
involved accidental discharges of weapons, drunken misbehavior by on- 
or off-duty officers, questionable crowd control techniques, or poor 
judgment by officers who lost control of unstable situations involving 
angry crowds or persons resisting arrest. In some of these cases, there 
was effective investigation by both the police Office of Professional 
Responsibility (ORP) and the prosecutors. In others there was credible 
evidence of a cover-up by police officers, the ORP, or both, and 
frequently, inadequate investigations by the prosecutor's office. 
MINUGUA again noted an increase in the participation of municipal 
officials, particularly auxiliary mayors, in extrajudicial killings--
primarily lynchings.
    On January 29, some 20 agents of the now defunct Department of 
Anti-Narcotic Operations (DOAN) of the PNC entered the community of 
Chocon, Izabal, allegedly to conduct a drug raid. DOAN agents shot and 
killed Leonel Diaz Valenzuela and Abinail Cerna Castaneda as they ran 
from a storefront toward their homes. Other individuals were illegally 
detained, beaten, and tortured (see Section 1.c.). One individual, who 
was detained, disappeared (see Section 1.b.). DOAN officials remained 
in the community, occupying private homes and terrorizing the 
residents, for well over a day. The officers subsequently gave multiple 
versions of the events. On February 8,the ORP initiated an 
investigation and charged 17 agents with a cover-up, altering the scene 
of a crime, illegal detention, use of unnecessary force, and abuse of 
authority. Arrest warrants were issued for the 17; one suspect fled 
before he could be detained. On June 27, the Public Ministry asked the 
High Impact Court of Chiquimula to open oral proceedings against the 16 
captured agents for extrajudicial killing, illegal entry, forced 
disappearance, altering a crime scene, and abuse of authority. On July 
26, a judge ordered the trial to proceed.
    In April the IACHR requested that the Government provide police 
protection to the members of the community after suspicious vehicles 
were seen in and around Chocon and a witness, Marvin Estuardo de Leon, 
was murdered. In response, on April 12, the police established a 
substation in Chocon.
    On February 28, a shootout between members of the Criminal 
Investigative Service (SIC) of the PNC and military intelligence 
personnel killed two members of the military, and wounded three police 
officers. Both the then-Minister of Interior and the Director of the 
PNC maintained that the incident resulted from a lack of communication 
during a rescue operation in a kidnapping case; however, there were 
credible reports that the participants in the incident were, in fact, 
members of a clandestine criminal group attempting to steal the ransom 
money. According to MINUGUA and press reports, there were indications 
that the criminals were members of the military. There was also 
credible information that the police killed one of the military 
personnel after he had been wounded and surrendered. The crime scene 
was altered, and evidence was removed. In May a SIC investigator's 
testimony that he was ordered to modify the official reports implicated 
the Director of the PNC, the Minister of Interior, and others in the 
command structure. Further obstruction of the investigation occurred 
when two military officers linked to the clandestine group were sent 
abroad.
    There have been at least six murders of landless peasants occupying 
private land in Morales, Izabal municipality since April 2001. Agents 
associated with landowners are implicated in several of the murders, 
and three local police at the scene of one of the murders when the 
crime was committed were charged with ``neglecting their duties.'' 
There have been few arrests and no convictions in any of these cases.
    On April 4, police officers illegally detained Rudy Castillo and 
Erick Garcia in Sumpango, Sacatepequez. On April 8, the bodies of the 
two men were found with evidence of torture (see Section 1.c.). The ORP 
opened an investigation and on April 11, arrested officer Ronald Roca 
and charged him. Two other PNC suspects remained at large. The victims' 
families received multiple threats from unknown persons.
    On April 27, William Ruano Mayen, the son of Pascual Ruano, a 
witness in the Bethel Route case in which some 18 individuals were the 
victims of extrajudicial killings by a group of former military and PAC 
members during the 1997-99 period, was killed. Evidence suggested links 
between the perpetrators of Mayen's death and the Bethel Route 
killings; however, police made no arrests in this case.
    There was no progress in the investigation of the 2000 deaths of 
Oscar Guzman Garcia and Jose Castaneda Alvarez, who had been detained 
by men wearing military uniforms in a jeep marked ``ZM12'' (for 
Military Zone 12).
    There were no known reports of deaths of detainees or prisoners 
while in police custody during the year, although most cases from 
previous years went unresolved, such as the 2000 death of Luis Armando 
Colindres while in police custody or those of the prisoners killed 
during jailbreaks and prison riots in 2001.
    Most cases from past years remained unresolved, such as the 
killings of Constitutional Court president Epaminondas Gonzalez in 
1994, former presidential candidate Jorge Carpio in 1993, and Gerardi 
witness Luis Garcia in 2001. There was some progress during the year in 
cases of past extrajudicial killings by members of the security forces. 
In many other cases, there was little or no progress, often due to the 
tactics of defense attorneys who frequently took advantage of a legal 
system that tolerates the filing of dilatory motions to derail 
impending trials against their military clients.
    On September 3, the trial of Edgar Godoy Gaitan, Juan Valencia 
Osorio, and Juan Oliva Carrera, alleged intellectual authors of the 
1990 murder of anthropologist Myrna Mack Chang, began. However, various 
appeals by the defense, including one questioning the legality of 
documents submitted as evidence, remained pending. On the first day of 
the trial, the president of the court ordered the defendants' 
imprisonment during the trial proceedings. During and leading up to the 
trial, witnesses, prosecutors, and at least one judge reported 
receiving threats (see Section 1.e.). In August unknown persons fired 
shots outside the home of Roberto Romero, attorney of private plaintiff 
Helen Mack, and Romero received threatening phone calls. Also in 
August, the IACHR ordered the Government to take necessary steps to 
protect Helen Mack and members of the Myrna Mack Foundation. On October 
3, the court found former colonel Juan Valencia Osorio guilty and 
sentenced him to 30 years imprisonment.
    In November the trial of the Mack case began in the Inter-American 
Court of Human Rights. The Court had agreed in 2000 to hear the case 
due to excessive delays of the application of justice in the Guatemalan 
courts.
    On October 8, the Fourth Appeals Court annulled the 2001 conviction 
and sentencing of three military officers to 30-year, noncommutable 
sentences for the 1998 murder of Bishop Juan Gerardi, the Coordinator 
of the Archbishop's Office on Human Rights (ODHAG), and ordered a 
retrial. At year's end, the defendants remained in custody awaiting a 
new trial. The prosecution appealed the judges' decision.
    MINUGUA continued to confirm multiple complaints of threats, acts 
of intimidation, and surveillance by those involved with the case (see 
Sections 1.e. and 4).
    In February the Public Ministry prosecutor, Mario Leal, announced 
that his office had discovered that some of the 183 individuals listed 
in the ``Military Diary'' were still alive. Leal indicated his intent 
to call 6 witnesses to give testimony in connection with 75 criminal 
cases filed by the victims' families against the military.
    In June former PAC members staged a mass protest in the province of 
Peten, occupying roads, an airport, and an oil refinery and detaining 
tourists, while demanding cash payments for services rendered to the 
army during the armed conflict. The Government's conciliatory response 
and promises to consider compensation provoked outrage among civil 
society groups, who pointed out that the Government had not yet 
committed to a National Reparations Plan for victims of the armed 
conflict, a central recommendation of the Historical Clarification 
Commission (CEH). As groups of former PAC members across the country 
joined in the demands, international human rights observers spoke out 
against rewarding the victimizers. The CEH held the PACs responsible 
for 18 percent of the massacres of unarmed civilians during the 
conflict.
    Progress in some notorious massacre cases stalled at year's end. In 
August, the Inter-American Court of Human Rights agreed to hear the 
case of the 1982 massacre in Plan de Sanchez, Baja Verapaz, in which 
the army and PAC members killed 268 people. The Government has not 
complied with the August 2000 settlement, including economic 
reparations, with the survivors and the victim families.
    Despite a September 2001 Supreme Court order to proceed with the 
trial of five guerrillas for the 1998 massacre in El Aguacate, 
Chimaltenango, there was no progress in the case.
    Judicial proceedings in the 1995 Xaman massacre case remained 
suspended due to multiple appeals pending before the Constitutional 
Court.
    The case of the 1982 military massacre at Dos Erres, Peten, 
remained stalled in a Guatemalan court by 26 motions of appeal. 
Although the Government made a reparation payment to the victims' 
survivors in December 2001, further obligations under the 2000 amicable 
settlement remained unfulfilled.
    Prosecutor Mario Leal continued to interview witnesses and conduct 
investigations in connection with the lawsuits filed in 2000-2001 on 
behalf of communities whose citizens were massacred by government 
security forces. Leal has interviewed more than 100 witnesses and 
visited 4 massacre sites. The suits allege crimes, including genocide, 
committed by the high command of former President Fernando Romeo Lucas 
Garcia and that of former ``de facto'' president and current President 
of Congress, retired General Efrain Rios Montt.
    Exhumations of clandestine cemeteries continued throughout the 
year, although work was set back by death threats, and exhumation teams 
reported that some communities lost their will to participate (see 
Section 4). Forensic scientists have exhumed more than 2,000 remains 
from more than 280 sites since exhumations began in 1992. Most of the 
bodies recovered have been those of victims of military or paramilitary 
killings in the early 1980s. Forensics groups use the information 
obtained from the exhumations to verify eyewitness reports of 
massacres--of which the CEH recorded 669--and to determine, at least in 
general terms, who might have been responsible. Forensic research and 
DNA testing have identified some of the remains and have been used in 
some criminal cases.
    In July Families of the Disappeared in Guatemala (FAMDEGUA) began 
to exhume remains of 16 guerrilla fighters killed by the army in 1990-
92 and interred in common graves in Antigua, Sacatepequez. The 
exhumations were carried out in connection with a program that assists 
families seeking children lost during the conflict (see Section 1.b.). 
In August the Forensic Anthropological Foundation of Guatemala (FAFG) 
began to exhume several clandestine cemeteries around Rabinal, Baja 
Verapaz. Community records show more than 800 persons were killed in a 
massacre in 1981. Although the team only found 51 skeletons, including 
women and infant children, the majority incomplete, there was evidence 
that the site had been disturbed. During the year, FAFG teams also 
worked in Xiquin Sinai and Hacienda Vieja, Chimaltenango; Finca El 
Zapote, Alta Verapaz; and Inebe and Pacux, Baja Verapaz. By year's end, 
they had excavated 58 different sites and exhumed 417 remains.
    In December 2000, a Spanish court decided not to hear a criminal 
complaint filed in 1999 by Rigoberta Menchu against Rios Montt, former 
President Fernando Lucas Garcia, and former de facto President Oscar 
Humberto Mejia Victores for human rights abuses including genocide, 
torture, and terrorism committed during the 36-year internal conflict. 
Menchu petitioned the Spanish Supreme Court in March 2001 to overturn 
the ruling, and in February the court agreed to consider her petition. 
A decision was pending at year's end.
    There were plausible allegations of politically motivated killings 
by nonstate actors during the year, with only limited willingness on 
the part of prosecutors to investigate such murders. In some of these 
cases, evidence was not sufficient to conclude whether the killing was 
politically motivated.
    On February 15, Cesar Rodas, a witness in the Government Printing 
Office case (see Section 2.b.), was shot and killed while walking 
toward his parked car. Although Rodas carried cash and other items of 
value, they were not taken. The police interviewed some 20 witnesses to 
the crime, but were not able to establish a motive. On March 7, the 
IACHR ordered the Government to provide police protection to five of 
the witnesses, who reported being followed and threatened by unknown 
individuals.
    On March 14, four armed men shot and killed Jorge Rosal, a regional 
leader of the Patriot Party, as he left the party's Guatemala City 
headquarters. The Ministry of government quickly discounted a political 
motive, even though nothing was stolen from Rosal's person. A month 
before, the party's founder, retired General Otto Perez Molina, had 
registered the new opposition party. Four days before the shooting, 
Rosal had participated in a march with other members of the Patriot 
Party involved in the Civic Movement, a political association founded 
to protest government corruption (see Section 2.b.). The ensuing 
investigation produced no suspects or motive.
    On April 29, Guillermo Ovalle, an accountant at the Rigoberta 
Menchu Foundation, was shot and killed while having lunch in a 
cafeteria frequented by the staff of various human rights NGOs. Police 
immediately captured two suspects identified by witnesses at the scene 
of the crime. Nearly 4 months after the incident, the prosecutor had 
not completed various pretrial proceedings, such as the identification 
of the suspects in a line-up, due to dilatory tactics employed by the 
defense (see Section 4).
    During the year there were several killings characterized as acts 
of ``social cleansing'' in which persons deemed as socially undesirable 
were murdered. Unknown individuals killed at least five male homosexual 
sex workers (see Section 5). Police did not identify any suspects. 
Street children continued to be the victims of violence by unknown 
persons (see Section 5).
    There was no progress in the investigation of the 2000 and 2001 
attacks on the son and daughter of retired General Otto Perez Molina 
and the killings of Patricia Castellanos Fuentes de Aguilar and 
Francisco Aguilar Alonzom.
    There was no progress in the investigation of the May 2001 killing 
of Sister Barbara Ann Ford. The prosecutor assigned to the case was 
slow to investigate leads and was reluctant to cooperate with MINUGUA. 
A motive has yet to be established.
    MINUGUA reported 48 lynching cases involving 104 victims during the 
year. In 14 cases, 20 victims died. While the number of reported 
lynchings increased in comparison to 2001, the numbers of deaths 
decreased, in large part due to the improved efforts of the police. In 
2001 police intervention saved lives in 40 out of 75 cases recorded. 
MINUGUA continued to verify cases that were planned or premeditated 
events, some of which had the participation of municipal officials, 
local leaders, or former members of Civil Defense Patrols. The large 
majority of the attacks took place in heavily indigenous, rural areas 
that suffer from the lowest rates of human development and poverty, and 
where the justice system is least accessible. MINUGUA concluded that 
the Government's weak response to crime fueled partial public 
acceptance for lynchings.
    Since MINUGUA began tracking individual lynching cases in 1997 and 
up until January, it recorded a total of 421 cases, resulting in 215 
deaths. Less than 10 percent of the perpetrators of these lynchings 
have been tried and sentenced, and convictions were handed down in only 
24 cases. In March 2001, a judge issued 41 arrest warrants for the 
alleged ringleaders of the 2000 lynching of 8 men at a roadblock near 
Xalbaquiej, Chichicastenango. The orders did not arrive at police 
headquarters until October 4, 2001, were subsequently sent to the 
Quiche station on October 22, 2001, and were finally delivered to the 
substation in Chichicastenango in February, almost a year later. By 
year's end, the police had not arrested anyone.
    Although in most cases the justice system has been slow to 
investigate, convict, and imprison perpetrators of lynchings, the 
Government has demonstrated increased willingness to prosecute lynching 
offenders. In February a prosecutor formally charged 22 individuals 
with illegal detention, kidnaping, murder, illegal inhumation, and 
resisting arrest in connection with the October 2001 lynching of Juan 
Cuc, Jose Ical Xip, and Rene Alfredo Cho. On December 11, a court in 
Coban, Alta Verapaz, found Alfredo Caal, Esteban Quej, and Celio Ortiz 
guilty of the March 2001 lynching of Alvaro Hugo Martinez Perez, a 
justice of the peace in Senahu, Alta Verapaz, and sentenced them to 52 
years in prison.
    There were several unsuccessful attempts to lynch local judicial 
officials. On July 9, inhabitants of Nebaj, Quiche, took Judge Griselda 
Yoc hostage. Yoc was taken to the town plaza, where the crowd demanded 
that she explain the status of a case against a member of the 
community. On July 19, a mob stormed the justice center demanding the 
release of a second man whom Judge Yoc had ordered arrested for 
invasion of private property. The Supreme Court closed the center on 
July 23. Yoc and Juan Tul, a Justice of the Peace who had also been 
threatened, were transferred. The center remained closed for 10 days.

    b. Disappearance.--There were no reports of politically motivated 
disappearances during the year; however, there was at least one 
reported disappearance during detention by security forces.
    On January 29, DOAN agents, conducting a drug raid in Chochon, 
Izabal, illegally detained Humberto Orellana Sis. Orellana Sis 
subsequently disappeared and his whereabouts remain unknown (see 
Section 1.a.).
    On May 3, a human rights worker was abducted and tortured by 
unknown men, who made cuts on his abdomen with a knife while 
questioning him about his work (see Section 4).
    Disappearances in high-profile cases from past years remained 
unresolved at year's end. There was no progress in the investigation 
into the 2000 disappearance of University of San Carlos professor and 
social activist Mayra Gutierrez, and the case remained pending before 
the IACHR. There was also no progress in the disappearance case of 
Mynor Pineda Augustin following his 2000 arrest for kidnapping.
    In June the National Commission for the Search for Disappeared 
Children, created by civil society organizations in June 2001 after the 
Government failed to follow the recommendation of the Historical 
Clarification Commission to create such a body to search for children 
who had disappeared during and since the armed conflict, released a 
report on its first year of work. The Commission documented 425 cases 
of disappeared children and facilitated 17 family reunifications. The 
Commission reported that the primary obstacle to its work was the 
military's refusal to provide access to its records on captured 
children. In February the U.N. Special Rapporteur for Children in Armed 
Conflicts recommended that the Commission be officially recognized and 
enjoy formal participation by the Government (see Section 4).
    In June 2001, groups associated with the National Human Rights 
Coordinator filed 5,000 habeas corpus briefs on behalf of individuals 
who disappeared between March 6, 1965, and October 19, 1993. The briefs 
were processed immediately by the Supreme Court and sent to the 
sentencing court to be investigated; however, little progress was made.
    In February the Inter-American Court for Human Rights ordered the 
Government to locate, exhume, and relinquish the remains of guerrilla 
leader Efrain Bamaca Velasquez, who disappeared in 1992, publicly 
acknowledge responsibility for his death, and pay $498,000 (3,859,500 
quetzals) in damages to his survivors.
    The appeal of the September 2001 decision of the trial court to 
dismiss, for lack of sufficient evidence, the case against retired 
General and former de facto president Oscar Mejia Victores for his 
alleged role in the 1984 disappearance of Fernando Garcia continued at 
year's end.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution provides for the integrity and security 
of the person and prohibits physical or psychological torture of 
prisoners; however, there were credible reports of torture, abuse, and 
other mistreatment by members of the PNC during the year. These 
complaints typically involved the use of excessive force during 
arrests, interrogations, or other police operations. SIC detectives 
continued to torture and beat detainees during interrogation to obtain 
forced confessions, as did DOAN agents in one case. The Government and 
the PNC showed little willingness to investigate, prosecute, or 
otherwise punish officers who committed abuses. The PNC transferred 
some cases of alleged torture to the Prosecutor's Office. There were a 
significant number of murder victims whose bodies demonstrated signs of 
torture or cruel treatment (see Section 1.a.).
    In its 13th Report on Human Rights, MINUGUA reported receiving 551 
complaints of torture, cruel, inhuman and degrading treatment, and 
confirmed 270. The police, especially the Criminal Investigative 
Service (SIC), committed the majority of violations. While complaints 
of cruel, inhuman, and degrading treatment by police increased by 128 
percent, complaints of torture by police declined by 57 percent. The 
police sometimes punished the use of excessive or illegal force by 
officers; however, they more often merely transferred offenders to a 
different location. In several cases, there was credible evidence that 
police officers and their superiors altered documentation, falsified 
evidence, bribed and intimidated victims and witnesses, or otherwise 
obstructed the investigation and prosecution of police misconduct.
    On January 29, DOAN agents unlawfully detained Porfirio Sanchez 
Grijalba, Carlos Humberto Padilla, and Elio Hernandez Sanchez during an 
alleged drug raid in Chocon, Izabal. All three were beaten. A hood 
containing insecticide was placed over Sanchez's head while he was 
interrogated and Hernandez's testicles were crushed (see Section 1.a.).
    On February 8, a PNC officer raped two women who were detained in a 
police station in Villa Nueva. On February 13, two other women reported 
that they had been asked for sexual favors by officers in the same 
station in exchange for the alteration of the report detailing their 
crime. They reported that when they refused, they too were raped. The 
ORP did not open an investigation, and the offending officers were 
transferred to another station.
    On April 4, the corpses of two men who were illegally detained by 
PNC officers were found, showing signs of torture (see Section 1.a.).
    On May 3, a human rights worker was abducted and tortured by 
unknown men, who made cuts on his abdomen with a knife while 
questioning him about his work (see Section
    On September 6, the decapitated body of Manuel Garcia de la Cruz, 
member of National Coordinator of Widows (CONAVIGUA), a human rights 
group, was found in Joyabaj, Quiche. The police have not identified any 
suspects.
    Casa Alianza, an NGO, reported that the number of incidents of 
killing and abuse of street children increased (see Sections 1.a. and 
5).
    During the year, groups of peasants forcibly occupied more than 60 
farms in attempts to gain land. In most cases eviction orders were not 
enforced. In some cases, evictions were carried out peacefully. There 
were also isolated reports of excessive force by the police. On March 
8, a police officer was accused of killing Jose Benjamin Perez in 
Morales, Izabal (see Section 1.a.).
    Corruption continued to be a major problem, and there were credible 
allegations of involvement by individual police officers in criminal 
activity, including kidnapings. Rather than discipline its officers, 
the police often just transferred them to a different part of the 
country. Transfers are a common practice and are used to avoid 
personnel problems, corruption, and questions of mistreatment of 
detainees. Impunity for police who commit abuses remained a serious 
problem.
    All PNC members were required to meet minimum education 
requirements and pass an entrance examination. There were also 
screening procedures to detect suspected human rights violators and 
officers involved in criminal activities. Beginning in January, new 
recruits were required to complete an 11-month training course, 
including 60 hours of human rights training and 20 hours of ethics, 
before entering on duty. Previously training lasted 6 months and 
incorporated 35 course hours on human rights. The military also made 
efforts to incorporate human rights training into its curriculum. In 
March the army sponsored a Regional Human Rights Seminar with other 
militaries in Latin America to discuss performance measures for human 
rights standards.
    In November 2001, the Government reached the Peace Accords goal of 
putting 20,000 police on active duty. At year's end, PNC officers 
numbered 21,180, representing 1 police officer for every 2,200 people. 
Representation outside of the capital is improving; however, 
approximately two-thirds of those police districts remained 60 to 75 
percent staffed.
    During the year several human rights NGOs and the Institute of 
Comparative Studies in Penal Science formed the Council of Monitoring 
and Support to Public Security to oversee the progress of reforms to 
the PNC. In July it released its first report, which stated that the 
principal problems facing the police were a lack of 
professionalization, military influence, a lack of resources, and a 
lack of internal controls. The Council reported that the constant 
turnover in leadership, including both the director of the PNC and the 
Minister of Interior, hampered continuity in policy and generated 
insecurity within the institution. A lack of basic supplies such as 
fuel and parts for vehicles, radios, and uniforms, further inhibited 
its effectiveness. During the year, the Government transferred funds 
from the PNC to both the Ministry of Defense and the EMP, while the 
Police Academy suffered from a severe lack of financial resources.
    In 1998 the PNC accepted some 60 police candidates from indigenous 
communities in the Ixil region--approximately 30 of whom graduated on 
their first attempt--to ensure that PNC personnel in those communities 
would be proficient in the local language and able to operate 
effectively in those communities. According to MINUGUA, approximately 7 
percent of PNC officers speak an indigenous language. More officers who 
speak an indigenous language have been assigned to a town where this 
skill can be put to use. Approximately 75 percent now work in the 
geographic area of their particular linguistic competency.
    According to the Interior Ministry, there were more than 60,000 
private security agents working in the country. Many firms have not 
completed legal requirements and are owned by ex-soldiers and 
policemen. Their forces outnumbered the police. The Ministry has done 
little to investigate this issue, despite its jurisdiction over the 
regulation of private security firms. In February, a court sentenced a 
private guard to 30 years' imprisonment for the 2000 killing of a 
father and son.
    The ORP performs internal investigations of misconduct by police 
officers. Despite greater numbers of police officers on duty throughout 
the country and less public apprehension about filing complaints 
against the police, the total number of such complaints remained 
roughly the same as the previous year. The ORP has a strong corps of 
investigators and has shown a considerable degree of improvement in 
professionalism. However, their independence and effectiveness has been 
hampered to some degree by the lack of support from the PNC leadership. 
There were isolated cases in which ORP investigators appeared to 
participate in cover-ups of police misconduct. The ORP reported that in 
2001, it received 1,693 complaints, including 29 cases of homicide, 131 
cases of abuse of authority, 136 cases of threats, 201 cases of 
robbery, 7 cases of kidnaping, 63 cases of unlawful detention, and 150 
cases of corruption. The ORP received 1,581 complaints in 2000, 
including 43 of homicide, 222 of abuse of authority, 104 of robbery, 
141 of corruption, 108 of improper conduct, 107 of threats, and 72 of 
illegal detention. Cases in which sufficient evidence suggested that 
criminal acts were committed were forwarded to the Public Ministry for 
further investigation and prosecution. In 2001 the PNC fired 467 
officers. In 2001 the ORP closed 878 cases, compared to 870 cases in 
2000. The investigators found 35 percent of officers culpable and 
exonerated 65 percent.
    No active members of the military serve in the police command 
structure. However, a 2000 law allows the Government to employ the army 
to support temporarily the police in response to the rising rates of 
violent crime. Under the law, military personnel are not clearly 
subordinated to police control during joint patrols or operations. In a 
May publication on the military's compliance with the Peace Accords, 
MINUGUA noted that in some cases the army conducted patrols 
independently and ordered district police chiefs to submit written 
reports of their activities to local base commanders. The practice put 
the institutional development of the PNC and judicial due process at 
risk and was a serious setback for the demilitarization of public 
security as stipulated by the Accords. MINUGUA reported that there was 
no evidence that crime levels decreased as a result of the initiative.
    On February 28, a shootout between members of the SIC and military 
intelligence personnel during an alleged joint operation left two dead. 
The subsequent investigation revealed alteration of official reports, 
disturbance of the crime scene, and links between participants and 
clandestine criminal networks (see Section 1.a.).
    In May MINUGUA noted that excessive physical punishment continued 
to play a role in the training methods of both the Kaibil army special 
forces unit and the Adolfo V. Hall military academy.
    Prison conditions remained harsh but generally not life 
threatening. The prison system continued to suffer from a severe lack 
of resources, particularly in the areas of prison security and medical 
facilities. In September the prison system reported that its capacity 
nationwide was 6,870; however, the prison population at the time was 
7,103. Fifty-five percent of the prison population was not serving 
prison terms but was being held in pretrial detention. Pretrial 
detainees often were not separated from convicted criminals. However, 
in June the Director of the Penitentiary System announced renewed 
efforts to ensure their separation. Many were released either on good 
behavior or because they never were sentenced. Some institutions were 
overcrowded, but the Government made efforts to build new facilities 
and in August opened a maximum security prison in Culiapa. The new 
facility featured a recreation area, a private visiting area, and 
medical and mental health clinics. The guards assigned to the facility 
were recent graduates of the School for Prison Studies, created in 2001 
to professionalize the prison system's staff. By year's end, 955 guards 
had graduated from the program. The average guard-to-prisoner ratio is 
1 to 12.
    On December 23 and 24, inmates at Pavoncito prison staged violent 
protests over the quality of food, the lack of visitation rights, and 
poor living conditions. The prisoners eventually took control of the 
prison. During the tumult, 14 prisoners were killed and 50 were 
wounded. Practically all of the killings were committed by rival groups 
of prisoners. NGOs allege that a pre-holiday roundup of youths for pre-
trial detention contributed to the rioting by disrupting the balance of 
power between youth and more established gangs in prison.
    Prisoners continued to complain of inadequate food and medical 
care. Corruption, especially drug-related, was widespread. Prison 
officials reported frequent escape attempts and other manifestations of 
prisoner unrest. The military continued to provide perimeter security 
for various prisons, as it has done since 1998.
    In June 2001, 78 prisoners escaped from the maximum-security prison 
facility in Escuintla. More than a year later, the authorities had 
recaptured 53; 11 were killed, often under questionable circumstances; 
and 14 others remained at large. Although the deaths of four of the 
escapees were attributed to rival gangs, numerous activists questioned 
whether the killings were instead an act of social cleansing by 
authorities or parastatal elements.
    According to press reports, the organizers of the June 2001 prison 
break had bribed prison officials. On March 4, the trial of 20 guards, 
2 wardens, the director, and the vice-director of the prison for 
allegedly collaborating with the breakout began. It lasted more than 2 
months as judges heard the testimony of more than 80 witnesses. The 
director of the prison implicated high-level authorities in the prison 
system as well as the ex-Minister of Interior, Byron Barrientos, who 
was called for questioning but not charged with any crime. On May 23, 
the Criminal Court of Escuintla sentenced the director and vice 
director, the wardens, and a commander of the guard forces to five-
year, commutable sentences. The remainder were absolved. In June the 
prosecutor asked for a retrial after various witnesses retracted their 
statements.
    In the wake of the prison break, a Consultative Commission on the 
National Penitentiary System was established to analyze the existing 
system and develop recommendations for improvements. The Commission's 
final report found conditions to be very poor, especially for special 
needs groups such as the sick, elderly, or disabled. It found that 
prisoners often take control inside prisons and run criminal rings 
while incarcerated, and that guards are often corrupt and poorly 
trained. It submitted reform proposals to Congress that would allow 
every prisoner to work and receive remuneration, provide educational 
opportunities, form libraries, improve hygiene, strengthen security, 
and improve infrastructure. During the year the Government made some 
progress in improving access to education and skills training for 
inmates.
    The 401 female prisoners in the penal system generally are held in 
facilities separate from men. However, the conditions are equally poor. 
The Government permitted access to prisons by family members. 
Immigration detention facilities do not always keep female detainees 
separate from the male population.
    Children are held in separate detention facilities. According to a 
2000 MINUGUA report, there are only five juvenile delinquent facilities 
in the country, and approximately 39 percent of the children housed in 
these facilities have sought protection from the state and have 
committed no offense.
    In May the Constitutional Court ordered that a date be set for the 
implementation of the version of the Minors' Code proposed by the FRG-
led Congress to supplant the outdated 1979 Code presently in force (see 
Section 4).
    The vast majority of juveniles detained by authorities are between 
16 and 18 years old; 84 percent are boys. The Secretariat for Social 
Welfare runs four Centers for the Treatment and Orientation of Minors: 
one for girls and three for boys. Officials do not separate adequately 
those who have been convicted and are serving a sentence from pre-trial 
detainees. Those who are serving time for minor infractions are often 
held with those who have committed serious offenses. Adequate 
sanitation, hygiene, and nutrition are persistent problems within the 
under-funded system.
    The Government permits prison visits by independent human rights 
monitors, public defenders, and religious groups.

    d. Arbitrary Arrest, Detention, or Exile.--The law prohibits 
arbitrary arrest and detention. However, there were frequent credible 
reports of arrests without judicial warrants, illegal detentions, and 
failure to adhere to prescribed time limits in legal proceedings. In 
practice, arresting officers frequently fail to satisfy legal 
requisites, especially with minors. The Constitution requires that a 
court-issued arrest warrant be presented to a suspect prior to arrest 
unless he is caught in the act of committing a crime. Police may not 
detain a suspect for more than 6 hours without bringing the case before 
a judge. Once a suspect has been arraigned, the prosecutor generally 
has 3 months to complete his investigation and file the case in court 
or seek a formal extension of the detention period. The law also 
provides for access to lawyers and bail for most crimes.
    There are no comprehensive, reliable data on the number of 
arbitrary detentions, although most accounts agree that security forces 
routinely ignored writs of habeas corpus in cases of illegal detention. 
In its 12th report, MINUGUA investigated 110 cases of illegal or 
arbitrary detention, and confirmed 88 of them. These figures reflected 
an increase over the previous reporting cycle, in which MINUGUA 
investigated some 31 cases of illegal or arbitrary detention, and 
confirmed 23.
    A study of the due process of minors in detention found that 95 
percent of arrests of minors are without a warrant. Of these cases, 87 
percent never go to trial. When the court system analyzed arrest 
warrants for juveniles, it found such reasons as having tattoos or 
scandalous behavior in public.
    According to the registry maintained by the prison system, there 
were a total of 8,077 prisoners throughout the country. Of those, 3,092 
had been sentenced and the rest awaited trial. The law sets a limit of 
3 months for pre-trial detention; however, longer detentions still 
occurred routinely. Prisoners often were detained past their legal 
trial or release dates, sometimes for years. Prisoners were not 
released in a timely fashion after completing their full sentences due 
to the failure of judges to issue the necessary court order or other 
bureaucratic problems.
    The Constitution prohibits exile, and it is not practiced as a 
matter of policy. However, self-exile is a very common response by 
citizens who feel threatened or intimidated.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judicial system often fails to 
provide fair trials due to inefficiency, corruption, insufficient 
personnel and funds, and intimidation of judges, prosecutors, and 
witnesses. The system's response to human rights violations, as well as 
to general criminal activity, has been inadequate. Many high-profile 
human rights cases remained pending in the courts for long periods as 
defense attorneys employed numerous dilatory appeals and motions. 
Courts sometimes took months to resolve even patently frivolous 
appeals. There were numerous credible allegations of corruption, 
manipulation, and intimidation in the judiciary. Intimidation and 
killing of witnesses continued to be a problem; there were credible 
reports of the killing and threatening of witnesses (see Section 1.a. 
and 1.c.).
    Judges and prosecutors continued to receive threats designed to 
influence pending decisions or to seek reprisal for past decisions. 
Death threats and intimidation of the judiciary were common in cases 
involving human rights violations, particularly when the defendants 
were active or former members of the military, military commissioners, 
or former members of Civil Defense Patrols. Witnesses are often too 
intimidated to testify. With relatively few exceptions, plaintiffs, 
witnesses, prosecutors, and jurists involved in high-profile cases 
against members of the military reported threats, intimidation, and 
surveillance. Prosecutors, judges, and witnesses associated with the 
Gerardi case reported continued threats, as did witnesses, prosecutors, 
and at least one judge in the Mack case (see Section 1.a.). In July, 
unknown individuals fired shots into the office of Flor de Maria 
Garcia, who served as a judge in the Gerardi case. Those involved in 
government corruption cases were also targeted, as in January when the 
SIC uncovered a plot to assassinate the prosecutor handling a case 
implicating former Minister of Interior Byron Barrientos and several 
vice-ministers.
    Many judges are denied health and life insurance because the 
threats and intimidation that they receive make their jobs too 
dangerous. The Government allocated more resources to the judiciary's 
physical security, including providing protective details for a judge 
and members of the prosecution team in the Mack case (see Section 
1.a.). In July the Supreme Court announced the creation of a permanent 
unit of 160 bodyguards to provide security for threatened judges and 
magistrates. By September the Public Ministry had spent approximately 
$195,000 (1.5 million quetzals) on its witness protection program. In 
June the Association of Judges and Magistrates announced that 51 judges 
had been threatened during the first 6 months of the year. By July 31, 
the Special Prosecutor for crimes against judicial personnel had been 
assigned 150 cases; however, the unit lacks the personnel and resources 
necessary to carry out its mission.
    In March the U.N. Special Rapporteur on the Independence of Judges 
and Lawyers, Param Cumaraswamy, submitted the report of his May 2001 
fact-finding mission to the U.N. Commission on Human Rights. While the 
report applauded efforts to professionalize the judiciary, it noted 
that harassment and threats to justice workers had increased and that 
adequate steps to ensure their security had not been taken, thereby 
undermining their independence.
    On April 15, an office in the headquarters of the Institute for 
Public Penal Defense was broken into and ransacked. The incident 
occurred while the Advisory Board was in session on a different floor 
of the building. The perpetrators stole case processing computers, 
other electronic equipment, and paper files, and urinated on desks and 
furniture before leaving the office.
    There were several unsuccessful attempts to lynch local judicial 
officials (see Section 1.a.).
    The judiciary is composed of the Supreme Court, appellate courts, 
trial courts, and Probable Cause Judges (who function like grand 
juries). There also are courts of special jurisdiction, such as labor 
courts and family courts, which also are under the jurisdiction of the 
Supreme Court. The Constitutional Court is independent of the rest of 
the judiciary. There are several community courts in indigenous rural 
areas.
    The Constitution requires that Congress elect all Supreme Court and 
appellate court magistrates every 5 years from lists prepared by panels 
composed of active magistrates, representatives of the bar association, 
law school deans, and university rectors.
    The Criminal Procedures Code provides for the presumption of 
innocence, the right to be present at trial, the right to counsel, plea 
bargaining, and the possibility of release on bail. Trials are public, 
allowing victims, family members, and human rights groups to observe 
the process. Three-judge panels render verdicts. The Criminal 
Procedures Code introduced oral trials; however, only those attorneys 
who have graduated since 1994 have had any real training in oral 
trials. In 2001 an innovative pilot project was initiated in the 
municipalities of Zacapa and Quetzaltenango to present pretrial motions 
orally, rather than in writing, and the Supreme Court approved the 
extension of the project throughout the country. The code also provides 
for language interpretation for those who require it. However, in 
practice this provision is rarely honored due to budgetary and other 
constraints (see Section 5). During the year, there were six 
interpreters, six bilingual public defenders assistants, and four 
public defenders who spoke indigenous languages throughout the country 
working with the Institute for Public Defense. The Prosecutor's Office, 
which is independent of the executive branch, may initiate criminal 
proceedings on its own or in response to a complaint. Private parties 
may participate in the prosecution of criminal cases as co-plaintiffs. 
Lengthy investigations and frequent procedural motions by both defense 
and prosecution often lead to excessively long pre-trial detention (see 
Section 1.d.). Courts showed little willingness to exercise discretion 
in dismissing frivolous or patently invalid motions. As a consequence, 
parties continued to use such motions as delaying tactics, frequently 
holding up trials for several months or even years.
    Inefficiency, lack of resources, and corruption in the courts, 
Public Ministry, and police continued to impede the proper functioning 
of the judicial system and to undermine the right to due process. In 
March magistrates from the Supreme Court threatened to take legal 
action if Congress did not approve an increase of approximately $23 
million (180 million quetzals) in the budget for the year. The Court 
argued that by not authorizing sufficient funds for the functioning of 
the judicial system, Congress violated the Constitution. The authorized 
budget was almost $13 million (100 million quetzals) less than in 2001. 
Several judges alleged that the cuts were retribution for Court 
decisions that permitted legal action against several FRG deputies. In 
May an agreement was reached with the Ministry of Finance to transfer 
the needed funds.
    The Supreme Court continued to seek the suspension of judges and to 
conduct criminal investigations for improprieties or irregularities in 
cases under its jurisdiction. In 2001 the Discipline Unit investigated 
503 cases of wrongdoing. As a result of those investigations, 14 judges 
were sanctioned, 32 were suspended, and 4 were sanctioned with the 
recommendation that they be removed. Of the sanctions, 1,159 were 
findings of impropriety, 66 were warnings, 9 judges were fired, and 1 
was suspended. Magistrates received 13 findings of impropriety.
    The Public Ministry has been hampered in its efforts to investigate 
crimes and prosecute offenders by inadequate training and equipment, 
excessive caseloads, and insufficient numbers of qualified 
investigators. Prosecutors remained susceptible to intimidation and 
corruption. In addition, the law's failure to delineate the 
responsibility for investigating crimes to either the PNC or the Public 
Ministry led to continued infighting and competition between these 
organizations, as well as the duplication of investigative efforts. On 
May 9, Carlos de Leon was appointed as new Attorney General and head of 
the Public Ministry. De Leon argued that a lack of funding was the 
source of most of the Ministry's deficiencies. In August he announced 
that he would ask Congress to increase the Ministry's budget by 60 
percent in 2003.
    The 1999 Law on Judicial Careers established a system to regulate 
the income, terms of office, promotion, training, disciplining, and 
other activities of judges and magistrates. It provided for a mandatory 
6-month training course for all newly appointed judges. The panel 
reviewed numerous cases and issued sanctions ranging from letters of 
reprimand to firing. The Council is responsible for selecting judges as 
well as disciplining them in accordance with the law's criteria for 
sanctions.
    In March the Disciplinary Unit suspended two judges from the 14th 
Appellate Court of Coban for releasing two captured drug traffickers on 
bail. The Unit found the judges guilty of ineptitude, not corruption, 
despite allegations that the suspects had paid approximately $195,000 
(1,511,250 quetzals) for their liberty. The judges were suspended for 3 
months without pay.
    In April the Judicial Career Council reviewed the performance of 66 
judges who were hired in 1996 and were required under the 1999 law to 
be evaluated to enter the Judicial Career system at the termination of 
their contract. Seventeen contracts were not renewed.
    In cooperation with foreign donors, the Government continued its 
efforts to reform the judicial system. Twelve justice centers, which 
bring together judges, public defenders, prosecutors, private law 
practitioners, police, municipal representatives, and civil society in 
a team approach to dispute resolution and problem solving, continued to 
provide efficient public service. Clerk of Court offices, established 
in 1999, streamlined case processing, increased transparency, improved 
customer service, and virtually eliminated the phenomenon whereby one 
could bribe a court official to ``lose'' a case file. An analogous 
system was inaugurated in Guatemala City in the Prosecutor's Office 
Case Intake Unit. A modernized intake system reduced the average 
waiting time for filing a complaint from several hours to approximately 
10 minutes. In 2001 a new Prosecutor's Office Victim's Unit also was 
inaugurated in the capital, with doctors and nurses on call 24 hours a 
day to assist rape and other crime victims and to gather evidence for 
their cases (see Section 5). These units have been extended to every 
department of the country.
    Despite some progress, much remains to be done to reform the 
judiciary and establish effective rule of law, as mandated by the Peace 
Accords. The National Commission for the Strengthening of Justice, 
created following the Peace Accords, announced a strategic plan in 2001 
to refine the roles of justices of the peace, institute reforms to the 
penal code, and reduce duplication of work in the criminal labs run by 
the police, the Public Ministry, and the judiciary. Much of the plan 
has yet to be implemented.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the inviolability of 
home, correspondence, and private documents. However, allegations 
persist that the authorities sometimes disregard these provisions. 
Elements of the military, specifically the EMP and the Directorate of 
Military Intelligence, reportedly continued to monitor private 
communications. During the year, most human rights organizations 
reported surveillance or telephone anomalies that suggested wiretapping 
(see Section 4). In August the recently elected Human Rights Ombudsman 
also discovered that his office was being monitored. Although 
authorities announced their intent to investigate, no culprit was 
named. There was no progress in the Public Ministry's 2001 case against 
Colonel Juan Valencia Osorio, former director of security of the EMP, 
for spying. On October 3, a court found Valencia guilty of ordering the 
murder of Myrna Mack in 1990 and sentenced him to 30 years' 
imprisonment (see Section 1.a.).
    The military continued to honor the 1994 presidential order to 
suspend all conscription, including forced recruitment, as the armed 
forces found it relatively easy to recruit young male volunteers from 
impoverished areas using pay and education incentives.
    During the year, there were several reported cases of government 
employees being forced to make contributions to the ruling party, the 
FRG, as well as become party members, to obtain or keep their jobs. For 
example, on February 1, 14 road workers were notified that their work 
contracts were cancelled for refusing to make a monthly payment of 
approximately $13 (100 quetzales), or two and one-half days' wages, to 
support the FRG.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of expression, and the Government generally respected this 
right in practice; however, there were numerous credible reports that 
members of the press were targets of anonymous threats and 
intimidation. Self-censorship was common and took the form of 
individual decisions not to speak out or testify or media decisions not 
to report certain issues.
    On August 16, the scheduled trial of Bruce Harris, director of Casa 
Alianza, was suspended after the 12th Criminal Court excused itself 
from hearing the case. Attorney Susana de Umana filed a defamation case 
against Harris in 1997 after the results of an investigation conducted 
by the Attorney General into anomalies in 18 adoption cases, one of 
which de Umana had processed, were made public. Harris filed several 
appeals, but in 1999 the Constitutional Court ruled that Harris did not 
enjoy the right to free speech, as he was not a journalist. The U.N. 
High Commissioner for Human Rights, Mary Robinson, expressed concern 
over the progress in the case and the apparent restriction on freedom 
of expression.
    In addition to regular and open criticism of government policies, 
the print media publicized communiques from human rights organizations, 
unions, and groups opposed to the Government or its policies. The press 
criticized the military and other powerful sectors. The press also 
regularly published stories on reputed drug traffickers, official 
corruption, and clandestine intelligence networks. There are seven 
major dailies published in the capital and approximately six local 
papers published outside the city.
    The Government prepared public information programs that the radio 
and television stations were required to broadcast. The Government 
holds the rights to two national (VHF) television channels; however, 
neither broadcast any programs during the year. In March President 
Portillo announced a plan to turn over Channel 5--nominally assigned to 
the army--to an institution representing civil society. In June the 
Government selected the Catholic Church to take over the channel; 
however, in July the Church declined the offer, saying its leaders 
lacked time and expertise to manage a television operation.
    Despite its Peace Accords pledge to enact reforms to the Radio 
Communications Law to make radio frequencies available for indigenous 
communities, the Government instead created a public auction system for 
radio frequencies. Commercial operators generally outbid community 
groups, thwarting community access. Responding to complaints by 
commercial operators that some community stations were unlicensed 
``pirates'' interfering with licensed frequencies, in February the 
Superintendency of Telecommunications announced a plan to fine and/or 
shut down unauthorized frequencies. In response, members of the 
Guatemala Council of Community Media appeared before Congress to ask 
for a guarantee that 25 percent of available frequencies would be 
assigned to community radio stations. Negotiations continued at year's 
end.
    All four of the country's national television stations are owned by 
a Mexican citizen, Angel Gonzalez, who plays a significant role in 
politics. These channels were criticized strongly as being 
monopolistic, pro-government, and interested in broadcasting only 
uncontroversial news.
    In March the President's Commission for Human Rights (COPREDEH) 
published the book ``She Who Never Kept Silent,'' a collection of the 
writings of journalist Irma Flaquer who, before she was kidnaped in 
1980, published a column titled ``What Others Conceal'' that was 
critical of atrocities committed during the conflict. In April the 
Government paid a settlement of approximately $231,000 (1.8 million 
quetzals) to Flaquer's family. Publication of the book and the payment 
were stipulated as part of a 2001 settlement negotiated between the 
Government, the Inter-American Press Society, and Flaquer's survivors. 
There was no progress, however, in the investigation of the case, which 
was reopened by a special prosecutor in December 2001.
    Death threats against journalists and other citizens critical of 
corruption were reported widely throughout the country. In December 
2001, an editorial columnist for national daily ``Siglo Veintiuno'' 
left the country after receiving numerous e-mail and telephone death 
threats for his criticism of the Government.
    On June 7, four journalists received a written anonymous death 
threat. The letter was addressed to a total of 11 individuals who are 
active in the promotion of respect for human rights (see Section 4).
    Investigations continued in the September 2001 shooting death of 
Mynor Alegria Almendaris, host of Direct Line, a call-in program on 
Radio Amatique, in Puerto Barrios, Izabal. Alegria had accused 
officials and port authorities at Puerto Santo Tomas and the town of 
Puerto Barrios of embezzlement, bribery, and other abuses. On January 
16, witness Erik Duarte accused the Mayor of Puerto Barrios, Mario 
Chigua Gonzalez, of having contracted Alegria's murder. On January 24, 
police detained Alegria's ex-girlfriend Olga Linares and her sister, 
Rosa, as possible accomplices. On April 19, a court revoked Chigua's 
immunity so he could be subjected to trial. In May Duarte retracted his 
statements, reported being threatened, and claimed that he was 
pressured into blaming Chigua. On July 2, authorities apprehended Jairo 
Gomez Sandoval for the murder. In July both Gomez and Duarte then 
testified that two other individuals, acting Mayor of Puerto Barrios 
Carlos Cantoral and local businessmen Erik Castaneda, had paid for 
Alegria's killing. On July 25, police captured a second suspect, 
Estuardo Orozco. On September 12, the High Impact Court of Chiquimula 
released Olga and Rosa Linares for lack of evidence.
    In August 2001, Congressional deputies Anabella de Leon and Magda 
Arceo, along with the previous director of the National Printing 
Office, Sylvia Mendez, accused the director of the office and then and 
current Vice President Francisco Reyes Lopez of abuse of authority for 
allegedly ordering government printers to produce flyers criticizing 
Jorge Briz, the President of the Guatemalan Chamber of Commerce and a 
vocal critic of the Government. As a result of the ensuing 
investigation, the women received numerous death threats and Arceo, 
Mendez, and numerous other witnesses went into exile. Another witness 
was murdered on February 15 (see Section 1.a.).
    In January the Supreme Court suspended a new Law of Obligatory 
Professional Association that was interpreted as requiring every 
working journalist to hold a journalism degree, belong to a 
professional association, and receive a government license. The Supreme 
Court determined that the law represented a violation of Constitutional 
guarantees of freedom of expression and association.
    The Government does not restrict access to the Internet.
    The Government does not restrict academic freedom.

    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. Peaceful demonstrations 
were common. There were a variety of protests around the country to 
demonstrate opposition to a variety of issues, for example: corruption 
by high-level government officials, new taxes, the Government's 
inability to resolve land conflicts, community water access, and 
persecution of human rights activists. Among others, the disabled, 
those suffering from HIV infection, former PAC members, street vendors, 
and war widows conducted demonstrations.
    On January 15, the Guatemalan National Revolutionary Unity Party 
(URNG) prepared a counter-presentation to the President's report to 
Congress on the achievements of his first 2 years in office. FRG 
supporters, who were bussed to the site of the National Congress, 
arrived and allegedly beat URNG activists, burned their flags, and 
destroyed their platform. Members of the National Advisory for Youth, 
led by Juan Pablo Rios, grandson of Congress President and retired 
General Efrain Rios Montt, reportedly organized the attack and paid a 
musical group to drown out the URNG's protests. Police did not respond 
to calls for help. URNG Congressional deputies demanded that the FRG 
clarify its involvement in the event.
    In March former guerrilla leader Alvaro Colom and retired General 
Otto Perez Molina formed the Civic Movement and organized several 
marches to protest government corruption. During the first and largest 
on March 13, the Secretariat of Communication ran a series of paid 
radio and television announcements discrediting the Movement.
    Protests became violent on several occasions. Police generally 
acted with restraint; however, there were some allegations of 
unnecessary use of force. On May 23, transit police violently dislodged 
several food vendors from a street in Guatemala City, destroying tables 
and personal belongings and clubbing several people. On other 
occasions, security forces were unable to keep the peace. On June 10, 
between 5,000 and 20,000 residents of Tecpan, Chimaltenango, protested 
against the collection of a property tax. Demonstrators damaged several 
buildings, looted stores, and broke into the police station where they 
removed weapons and equipment, wounded 13 police officers, and took 
several hostages before reinforcements dispersed the crowd. On June 11, 
police arrested five indigenous protest leaders.
    On August 22, groups of landless peasants seized highways for 10 
hours to pressure the Government into meeting outstanding demands 
associated with land claims. Commerce was widely disrupted for several 
hours. The peasants ended the blockage shortly after a government 
spokesman announced initiatives to convoke dialogue with landowners and 
seek additional funds for the Government land bank.
    The Constitution provides for freedom of association, and the 
Government generally respected it in practice. However, there were 
credible allegations that the Government interfered with political 
associations.
    On March 16, not long after completion of the registration 
requirements for Perez Molina's political party, the Patriot Party, 
several armed men shot and killed Jorge Rosal, a regional party leader 
(see Section 1.a.).
    In April in the space of 24 hours, unknown persons broke into the 
offices of two opposition parties, the Unified Democratic Left and the 
Authentic Development parties. Computer equipment, paper files, and a 
map were stolen, although cash in an office drawer was not.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice; however, the Government has not implemented the 1995 
Agreement on the Identity and Rights of Indigenous People, which 
provides for respect of spiritual rights of indigenous people. There is 
no state religion; however, the Constitution recognizes explicitly the 
separate legal status of the Catholic Church. The Government does not 
subsidize religious groups directly. However, during the year 
commercial radio operators charged that the ruling FRG was giving 
financial support to evangelical Christian radio stations in different 
areas of the country, presumably in exchange for future political 
support. Members of a religion need not register to worship together. 
However, the Government requires religious congregations (other than 
the Catholic Church), as well as other nonreligious associations and 
NGOs, to register as legal entities to transact business.
    While there is no government policy of discrimination, a lack of 
resources and political will to enforce existing laws and to implement 
the Peace Accords limits the free expression of indigenous religious 
practice. Indigenous leaders state that Maya culture does not receive 
the official recognition it is due. The Government has not provided 
mechanisms for free access to ceremonial sites considered sacred within 
indigenous culture, nor has the Government provided for the 
preservation or protection of such ceremonial sites as archaeological 
preserves. Some indigenous groups consider the Government's use of 
sacred sites as revenue-generating tourist destinations to be an 
affront to their spiritual rights.
    There was little progress in the ongoing appeals to the June 2001 
sentencing of three military officers to 30-year, noncommutable 
sentences for the 1998 murder of Bishop Juan Gerardi, the Coordinator 
of the Archbishop's Office on Human Rights (ODHAG) (see Section 1.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 these 
rights, and the Government generally respected them in practice.
    Persons attempting to enter the country illegally were often 
subject to extortion and mistreatment by government officials. Many 
observers believe this mistreatment is underreported because illegal 
immigrants almost never have the capacity to lodge formal complaints, 
either with the authorities or against them, and there is little legal 
assistance available to such immigrants. The Migrant's House, an NGO, 
reported that from 1997 to 2001, approximately 40 percent of the 
migrants they assisted reported some form of abuse.
    The Government grants refugee status and asylum in accordance with 
the provisions of the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol. The Government cooperates with the 
office of the U.N. High Commissioner for Refugees and other 
humanitarian organizations in assisting refugees from other countries. 
The issue of the provision of first asylum did not arise. There were no 
reports of the forced return of persons to countries where they feared 
persecution.

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 for those 18 years of age and older. Ballots are 
secret. Members of the armed forces and police may not vote. Since the 
return to democracy and civilian rule in 1985, there have been nine 
free elections. International observers concluded that both the 
November 1999 general election and the December 1999 runoff 
presidential election were generally free and fair. Lack of transport, 
onerous voter registration requirements, and the scheduling of 
elections during the harvest season prevented many poor, indigenous, 
and rural persons from voting. A significant percentage of the rural 
poor population lacks the documentation needed to register to vote. 
Several campaigns exist to document citizens, particularly among the 
illiterate.
    Voters elect the 113-member, unicameral Congress every 4 years 
using a system of proportional representation based on population, with 
deputies elected both from districts and from a nationwide list. Voter 
participation in the 1999 elections was at a 13-year high. Four parties 
and 2 coalitions won seats in the legislature, led by the FRG with a 
63-seat majority, followed by the PAN with 21 seats, the Bancada 
Unionista with 16 seats, and the New Nation Alliance coalition, which 
includes the URNG, with 9 seats. Other small parties hold a total of 
four seats. Congress can and does act independently of the Executive; 
however, fragmentation along party lines and a weak staff and support 
structure result in a legislature that is relatively ineffective. 
Congress increased its relative power and independence under the 
leadership of FRG President of Congress and retired General Efrain Rios 
Montt, a former de facto president.
    In December 1999, voters elected FRG presidential candidate Alfonso 
Portillo in a runoff election that international observers 
characterized as free and fair. He took office in January 2000.
    During the year, there were allegations that government officials 
made FRG membership a prerequisite for government employment and 
demanded that monthly contributions be made to the party coffers (see 
Section 1.f.).
    There are no legal restrictions, and few practical ones, on the 
participation of women in the political process. In 2001 MINUGUA 
reported that only 69 percent of women of voting age were registered to 
vote, and that of this group only 33 percent voted. The major parties 
nominated and elected fewer female candidates for Congress in the 1999 
elections. However, women's participation as voters was the highest 
ever, despite social traditions that inhibit voting by women. Voters 
elected 8 women to the 113-member Congress in 1999, and that number 
increased to 12 as substitutes took the seats of members of Congress 
recruited to serve in the executive branch. One woman, Zury Rios de 
Lopez, daughter of Rios Montt, is the Second Vice President of 
Congress. Women hold two seats on the Supreme Court and one on the 
Constitutional Court. There were three female ministers in the 
Cabinet--the Minister for Culture and Sports, the Minister of 
Communication and Public Works, and the Minister of Economy. Less than 
1 percent of the 330 mayors and less than 5 percent of the municipal 
officials in the country were women.
    The Constitution provides for equal rights for indigenous people. 
Some attained high positions as judges and government officials, but 
indigenous people still are underrepresented significantly in politics 
due to limited educational opportunities and pervasive discrimination 
(see Section 5). There are two indigenous members in the Cabinet. While 
indigenous people make up 60 percent of the population, they represent 
only 1 of 12 ministers and 1 of 12 presidential secretaries. Of 113 
members of Congress, 14 are indigenous. There are 113 indigenous mayors 
in the country, out of 331 municipalities, including Quezaltenango, the 
second-largest city. There were two indigenous ambassadors.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government permits local human rights groups to operate without 
restriction, and numerous domestic and international groups investigate 
and report freely on human rights issues; however, during the year, 
many NGOs and human rights workers received threats or were intimidated 
by unidentified persons. Senior government officials met with numerous 
foreign government officials and international human rights monitors. 
Some government officials, however, questioned the credibility of both 
domestic human rights workers and international monitors. Many human 
rights workers believed this public disregard emboldened those who 
threatened them. While many international human rights organizations 
and their workers do not enjoy formal legal status, they continue to 
operate openly.
    During the year, there was a marked increase in the number of 
threats against human rights workers, as well as against journalists 
and judicial personnel (see Sections 1.a., 1.e., and 2.a.). During the 
year, there were 154 acts of intimidation perpetrated against human 
rights workers. Most of these acts of intimidation involved anonymous 
telephonic or written threats, surveillance, and unknown individuals 
and cars following human rights workers or watching their workplaces or 
residences. Prosecutors, judges, and witnesses in various human rights 
cases, notably in the Myrna Mack case, also reported being the targets 
of various acts of intimidation (see Section 1.e.). Some of the attacks 
showed high degrees of sophistication and technical expertise.
    Throughout the year, personnel in the Archbishop's Human Rights 
Office reported multiple death threats, surveillance, and other acts of 
intimidation. Some of the victims were those involved in the Gerardi 
case (see Sections 1.a. and 1.e.); others appear to have been targeted 
for their work putting the Historical Memory Report project in digital 
format for wider distribution.
    On February 21, 11 individuals associated with forensic 
anthropology teams investigating mass graves from the armed conflict 
received a very specific and credible death threat. In the months that 
followed, several of those named in the death threat received 
intimidating phone calls, were accosted and threatened by armed men, 
and reported that their homes were under surveillance. At least four 
individuals fled the country. Also on February 21, a Catholic parish 
house in Nebaj that forensic teams had used to store equipment was 
burned to the ground. Experts concluded that it was arson. The parish 
priest, Rigoberto Perez, actively supported the work of the 
anthropologists and reported receiving death threats in the months that 
followed the fire.
    On March 3, the Archbishop of San Marcos, Alvaro Ramazzini, 
received a death threat, presumably from individuals attempting to 
discourage his work in ministering to squatters who occupied local 
farms. Two weeks later, unknown persons raided his offices, scattered 
files, and damaged computer equipment.
    On March 7, unknown persons broke into the offices of Casa Alianza 
and stole the files of 19 street children. A similar break-in had 
occurred in April 2001, when the files of 12 street children were 
stolen. Casa Alianza personnel also reported being accosted and 
threatened on several occasions during the year.
    Prosecutors ended an investigation into the July 2001 incident in 
which an Amnesty International (AI) worker was found tied and gagged in 
her hotel in Guatemala City. Guatemalan authorities dropped the case 
after an investigation into a similar allegation in another country 
involving the same AI worker proved inconclusive.
    On March 20, the offices of the Association for the Advancement of 
Social Sciences (AVANSCO) were broken into, although only a checkbook 
was stolen. The incident occurred a few days after the presentation of 
a report on post-conflict power structures linked to the military and 
former members of the Civil Defense Patrols in Huehuetenango and 
Quiche. In October 2001, the laptop computer of the report's 
researcher, Matilde Gonzalez Izas, was stolen from her home. In 
addition, Gonzalez received telephone threats and reported being 
followed.
    On April 29, Guillermo Ovalle, an accountant for the Rigoberta 
Menchu Foundation (and nephew of its director), was shot and killed in 
a cafeteria near the Foundation's offices. While the incident contained 
some elements consistent with common crime, international human rights 
monitors did not rule out the possibility of a political motive, as 
threatening phone calls were made to the Foundation at the time of the 
killing and unknown individuals were reportedly seen watching the 
offices (see Section 1.a.).
    On May 3, Domingo Yaxon, member of the Movement of Young Mayans and 
CONAVIGUA, was abducted and assaulted after leaving a human rights 
demonstration in front of the Presidential Palace. Yaxon was questioned 
about his work, threatened, tortured, and left unconscious in front of 
a funeral home (see Section 1.c.).
    On June 7, 11 prominent human rights leaders and journalists 
received a death threat. The letter was addressed to the ``enemies of 
the fatherland'' and accused those listed of tarnishing the country's 
image with their ``nonsensical talk.'' Human rights groups felt the 
attack was in retaliation for the focus the June visit of the U.N. 
Special Rapporteur for Human Rights Defenders had put on the existence 
of clandestine groups tied to the Government and their responsibility 
for the assaults against human rights workers.
    On July 21, unknown persons broke into the offices of the National 
Coordinator for Human Rights (CONADEHGUA) and stole computers and 
communication equipment, as well as paper files relating to 
CONADEHGUA's research into the military's budget. The perpetrators left 
behind surveillance photos taken of CONADEHGUA's director (see Section 
1.f.).
    On September 6, the body of another member of CONAVIGUA was found 
in Joyabaj, Quiche. The body showed signs of torture (see Section 
1.c.).
    In March the Movement for Human Rights, an organization that unites 
some 25 human rights NGOs in common initiatives, petitioned President 
Portillo to bring an end to threats against human rights workers, 
assure their security, and investigate and dismantle the clandestine 
groups believed to be behind the intimidation. The Movement met with 
members of the Cabinet three times. While the Secretary for Strategic 
Analysis recognized the existence of such groups, the Minister of 
Interior and the presidential spokesperson publicly dismissed his 
findings. The Government failed to respond adequately to any of the 
demands, and the Movement announced it would not meet further until 
results were produced.
    On May 29, the newly appointed Attorney General named Tatiana 
Morales Special Prosecutor for crimes against human rights workers. 
However, the office suffers from the same lack of resources the rest of 
the Ministry faces (see Section 1.e.).
    The IACHR ordered the Government to provide police protection to 
the victims in the AVANSCO case and the forensic anthropologists. 
Although the Government complied, there was no significant progress 
made in any of the investigations, despite the fact that in some cases 
the police were given the telephone numbers or license plates of the 
perpetrators of the threats. In other cases, the Public Ministry 
claimed that effective investigations could not be carried out because 
the victims could not provide this information or speculate on the 
identity of the attackers.
    MINUGUA reduced its presence significantly in preparation for a 
2004 departure, but continued to monitor implementation of the human 
rights provisions of the Peace Accords and strengthen democratic 
institutions. MINUGUA stated that the Government generally cooperated 
with its investigations but cited occasional isolated incidents in 
which government officials or institutions had obstructed its efforts.
    In May Hila Jilani, U.N. Special Rapporteur for Human Rights 
Defenders, arrived on a fact-finding mission. She noted a climate of 
fear that terrorized human rights workers. She stated that clandestine 
groups had become the principal threat to their safety and urged the 
Government to put an end to impunity and guarantee the protection of 
human rights workers. She commented on a lack of respect for their work 
on the part of public officials. President Portillo publicly dismissed 
Jilani's findings as representing a subjective, personal opinion. 
During a July visit, Santiago Canton, Executive Secretary of the IACHR 
and Susana Villagran, IACHR Rapporteur for Guatemala, echoed many of 
Jilani's concerns, and noted that the IACHR had been presented with 
more than 130 instances of threats against human rights defenders this 
year.
    In June Congress elected a new Human Rights Ombudsman, Dr. Sergio 
Morales, from among three candidates chosen by the Congressional 
Committee on Human Rights. A coalition of more than 70 human rights 
organizations proposed and endorsed his election, which was considered 
a victory for civil society. The Ombudsman reports to Congress and 
monitors the rights provided for by the Constitution. The PDH's rulings 
do not have the force of law. The budget assigned to the PDH by 
Congress has historically been inadequate and is less than the amount 
reserved for the National Soccer Team. Relations between the Human 
Rights Ombudsman's office and MINUGUA, strained in the past, improved 
significantly after the start of the Morales' 5-year term in August. 
Upon the expiration of the MINUGUA's mandate, which is scheduled for 
2004, the Human Rights Ombudsman's Office is to assume MINUGUA's human 
rights verification function.
    COPREDEH is charged with formulating and promoting the Government's 
human rights policy, accepting government responsibility for past human 
rights abuse cases, and negotiating amicable settlements in those cases 
before the IACHR. Although some progress was made in completing 
obligations under prior agreements, such as in the Irma Flaquer case 
(see Section 2.a.), COPREDEH failed, under the conservative leadership 
of its director, Juan Fuentes Soria, to negotiate any new settlements 
during the year. In April COPREDEH presented a new executive policy on 
human rights. Civil society groups criticized the policy for its lack 
of operational vision and COPREDEH's failure to solicit and incorporate 
feedback from human rights organizations.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution states that all persons are free and equal in 
dignity and rights, and that the State must protect the life, liberty, 
justice, security, peace, and development of all citizens. However, in 
practice the Government frequently is unable to enforce these 
provisions, due to inadequate resources, corruption, and a 
dysfunctional judicial system (see Sections 1.c. and 1.e.).
    Societal prejudice against homosexuals was widespread. During the 
year there were at least five killings of homosexual male sex workers. 
There were no arrests made in any of the killings, and the police who 
arrived on the scene abused the victims' companions. Oasis, a support 
organization for homosexuals, characterized the killings as ``social 
cleansing'' and claimed that during the year homosexuals were 
frequently harassed by the police and often subjected to arbitrary 
detention (see Section 1.a.).

    Women.--Violence against women, including domestic violence, 
remained common among all social classes. The 1996 Law on Domestic 
Violence provides that the Prosecutor's Office, the national police, 
family courts, legal clinics, and the Human Rights Ombudsman's Office 
can receive complaints of domestic violence. Domestic violence is 
defined as ``whatever action or omission by direct or indirect means 
causes damage, or physical, sexual, psychological, or patrimonial 
suffering'' to a person within the family group. The law provides for 
the issuance of restraining orders against alleged aggressors and 
obligates the PNC to intervene in situations of domestic violence. 
Statistics vary significantly. The Prosecutor's Office reported 
receiving 8,060 complaints of domestic violence against women and 
children during 2001, 44 percent more than those received in 2000. Only 
56 cases were brought to trial with convictions in 38 cases. A study 
completed in December 2001 by the Andar Foundation found that 77 of 
every 100 women suffer some form of domestic violence, and that the 
majority of women are not familiar with the laws that protect them and 
the institutions that can provide them with assistance. The PDH 
estimates that for every reported case, there are 10 more that are not 
reported.
    Complaints of spousal abuse continued to rise due, at least in 
part, to increased nationwide educational programs, which have 
encouraged women to seek assistance. In 2001 the National Coordinator 
for the Prevention of Domestic Violence and Violence Against Women 
(CONAPREVI) released its National Plan for the Prevention of Domestic 
Violence. In May CONAPREVI reported that the Government had provided no 
political or financial support for the implementation of the plan. In 
June the Network Against Violence Against Women announced that the PDH 
is the only institution that has adopted a form developed to simplify 
the process of filing a domestic violence complaint with law 
enforcement authorities, despite a nationwide promotion effort.
    The Law to Prevent and Sanction Intrafamily Violence requires the 
PNC to intervene in violent situations in the home. In July the press 
reported that in many cases the police do not respond to calls for 
help. The Political-Civic Convergence of Women reported that officers 
who do arrive often chastise female victims for behavior that provokes 
their husbands' ire. The Program for Prevention and Eradication of 
Intrafamily Violence, a government program under the Secretariat of 
Social Work of the First Lady, reported that it receives between 40 and 
50 calls a day from battered women and children via its emergency 
hotline.
    The office of the Ombudsman for Indigenous Women, led by Juana 
Catinac, provides social services for victims of domestic or social 
violence, as well as mediation, conflict resolution, and legal services 
for indigenous women. It also coordinates and promotes action by both 
government institutions and NGOs to prevent violence and discrimination 
against indigenous women; however, it lacks the human resources and 
logistical capacity to perform its functions on a national level. Since 
its creation in 1999, the office has been assigned the same budget each 
year: approximately $256,000 (1,984,000 quetzals).
    Sexual offenses and prostitution continued to increase. The 
Prosecutor's Office reported receiving 1,550 cases of rape and sexual 
assault during 2001. A total of 37 cases went to trial, with 
convictions in 25 cases. In April the Office of Attention to the 
Victim, a unit within the Public Ministry that offers psychological 
treatment to individuals who have been sexually abused, reported 
receiving an average of 67 new cases each month. The penal code does 
not include a description of sexual assault as a crime.
    Victims rarely reported criminal sexual violence, although the 
number of complaints of such offenses continued to increase 
significantly. Many observers believed that increases did not reflect 
an increase in the number of rapes committed, but rather an increased 
willingness on the part of victims to come forward, greater public 
confidence in the police, and improved record-keeping of crime 
statistics. Despite these advances, relatively few rape cases went to 
court, in large part because police have little training or 
investigative capacity for such crimes, and because many rape victims 
were reluctant to report and prosecute such crimes. The law allows a 
rapist to be exonerated when the victim is at least 12 years old and 
agrees to marry him, but the Public Ministry must approve the marriage 
when the victim is below the age of 18.
    The law does not prohibit sexual harassment, which is common in the 
workplace. Female domestic and maquila workers are particularly 
vulnerable (see Section 6.e.). In April four female court employees 
accused Judge Horacio Castillo Ceremeno, president of the Seventh 
Sentencing Court, of having repeatedly requested sexual favors. On 
April 13, the Judicial Disciplinary Board recommended that Ceremeno be 
fired. On July 25, the Judicial Career Council ordered his suspension 
for 15 days without pay.
    Prostitution is not illegal. There are certain health code 
requirements for persons engaging in prostitution. The number of 
prostitutes increased during the year. Although no exact figures were 
available, the Life of Hope Foundation, which works with female 
prostitutes, estimated that there are 2,000 prostitutes working in the 
capital alone. Pimping and inducing a person into prostitution are 
crimes that can result in either fines or imprisonment, with heavier 
penalties if minors are involved. Trafficking in women, primarily for 
the purpose of prostitution, is illegal and a growing problem (see 
Section 6.f.).
    The Constitution asserts the principle of equality between the 
sexes. Nonetheless, in practice women face job discrimination and are 
less likely to win management positions. The PDH estimates that women 
generally receive significantly lower pay than men; in many cases one 
quarter of the salary for the same work. Some women were subjected to 
preemployment pregnancy tests. Women are employed primarily in low-wage 
jobs in the textile industry, agriculture, retail businesses, and the 
public sector. More women than men are employed in the informal sector 
of the economy, where pay and benefits generally are lower. Women may 
own, manage, and inherit property on an equal basis with men.
    More than half of indigenous women are illiterate. More than 50 
percent of urban girls and 81 percent of rural girls drop out of 
school. According to the 2000-01 National Survey on Living Conditions, 
70 out of every 100 adult women have never received formal education. 
In a 2001 study of human development, the UNDP reported that overall 
government spending on women's programs over the previous 3-year period 
was 0.5 percent of the national budget.
    The Secretariat for Women's Affairs operates under the direction of 
the President, advising him on the coordination of policies affecting 
women and their development. The Secretariat's National Policy for the 
Promotion and Development of Guatemalan Women and Plan for Equal 
Opportunity 2001-06 identified and prioritized areas of critical need 
for women, such as access to health care and education to protection 
from domestic violence, but suffered from a lack of resources. During 
the year, it primarily focused on developing inter-institutional 
cooperation with existing programs.
    In August the first 4 female SAAS civilian security agents 
graduated among a class of 64. During the year, there were 38 women out 
of a total of 404 students enrolled in the country's military academy. 
Ten percent of police officers are female.

    Children.--The Constitution charges the Government with protecting 
the physical and mental health, as well as the moral well-being, of 
minors. However, despite these provisions, the Government does not 
devote sufficient resources to ensure adequate educational and health 
services for children. Government spending on health remained stable, 
at approximately 1.6 percent of the country's GDP, while marginally 
increased resources were devoted to education, at approximately 2.6 
percent.
    A 2000 MINUGUA report found that 51 percent of the population is 
under 18 years of age. Of this group, 83 percent live in poverty.
    The Constitution provides for compulsory education for all children 
up to the sixth grade. However, less than half the population actually 
receives a primary education, and only 3 of 10 students who begin 
primary school complete it. According to MINUGUA, one-fourth of all 
children do not attend school and 63 percent of those are indigenous 
girls. The average child receives 2.2 years of education. However, 
among indigenous children, the average drops to 1.3 years. Children in 
rural and indigenous areas are less likely to complete primary school. 
The Ministry of Education attempted to improve these statistics during 
the year by granting special scholarships to girls and working or 
orphaned children.
    In December 2001, the Ministry reported that the overall level of 
school attendance had increased from 30 percent to 44 percent. On 
August 7, the Center for National Economic Investigation (CIEN) 
released a report on the progress of educational reform. The report 
recognized the Ministry's attempt to increase the number of children 
enrolled in primary school and promoted to middle school, but noted 
that dropout rates had increased; the high rate of illiteracy among 
women remained unchanged; and a very low percentage of resources was 
assigned to post-primary levels.
    Since August 2001, a country-wide hunger crisis brought on by 
drought, the fall in coffee prices, and an overall lack of economic 
development claimed the lives of more than 100 children. An emergency 
census completed by UNICEF in 2001 reported that 14 percent of children 
suffered from acute and 71 percent from chronic malnutrition. Public 
health analyses showed that 60 percent of the cases of infant mortality 
and 76 percent of the cases of maternal mortality were preventable 
through attention to basic health and environmental measures that have 
been neglected. The Peace Accords, recognizing the systematic violation 
of children's right to health, called for a 50 percent reduction in 
infant and maternal mortality and a 50 percent increase in public 
health spending. Health coverage has increased since the signing of the 
Accords, but government commitments have begun to taper off. 
Approximately 1,340,000 women and children did not have access to basic 
health services during the year. Government resources devoted to public 
health decreased during the year. During the year, 7 percent of the 
National Budget was devoted to the health sector, compared with 10 
percent in 2001.
    Most estimates indicated that reports of child abuse continue to 
increase, although there are few statistics available to measure the 
problem. The Public Ministry reported 1,267 cases of child abuse in 
2001, as compared to 1,126 cases in 2000. The majority of victims were 
between the ages of 2 and 10. A Permanent Commission for Children and 
Youth investigates cases of child abuse. The Social Secretariat for the 
Welfare of Children has oversight for the children's welfare programs, 
treatment and training for children, and special education assistance 
for children. The Secretariat provides shelter and assistance to 
children who are victims of abuse. However, due to lack of resources, 
these children sometimes are placed with other youths who have 
committed crimes (see Section 1.c.). In July the Minor's Court 
inaugurated the first educational program for parents whose children 
have been placed under protective status by the court in cases of 
parental abuse. The free, 4-month program offers training in human 
rights, self-esteem, drug abuse prevention, and domestic and sexual 
abuse. Thirty parents registered for the first session, and the court 
plans to offer the program on a year-round basis beginning in January 
2003.
    On February 8, the courts convicted prominent businessman Alfonso 
Ibarguen of multiple counts of rape of two girls in 1999, then aged 6 
and 9, and sentenced him to 40 years' imprisonment. Marco Veliz, the 
children's stepfather, who delivered the children to Ibarguen in 
exchange for cash payments, was sentenced to 109 years. The two men 
were ordered to pay the victims a total of approximately $320,000 (2.5 
million quetzals). During the investigation and trial, Veliz and 
Ibarguen threatened the children's mother on several occasions, and she 
fled the country upon conclusion of the case.
    On August 20, the outgoing Human Rights Ombudsman censured three 
priests who were accused of sexually abusing four children. The 
Catholic Church announced its intention to form a commission to 
investigate the incidents.
    On April 5, authorities intercepted 7 public transport buses with 
53 Salvadoran children who were being illegally smuggled to the United 
States. The authorities eventually assisted with an international 
operation that successfully broke up a smuggling ring originating in El 
Salvador.
    Child labor is a problem. UNICEF estimates that 34 percent of all 
children work. The Government defines the ``economically active 
population'' as beginning at age six. In 2001 the Government initiated 
a program to eliminate the worst forms of child labor; however, the 
problem persists (see Section 6.d.).
    The internal conflict left approximately 200,000 orphans throughout 
the country. Approximately 10,000 children are members of street gangs. 
Credible estimates put the number of street children at 6,500 
nationwide, with about 4,000 of these youths concentrated in Guatemala 
City. More than 450 children have disappeared since 1996.
    Abuse of street children remained a serious problem (see Section 
1.c.). Casa Alianza estimated that the average age of a street child 
has dropped over the last 10 years from 13 years of age to 7. The 
average life expectancy of a street child is 30 years. The majority of 
street children ran away from home after being abused. Criminals--
reported to include private security guards and corrupt police or 
military personnel--often recruited these children into thievery or 
prostitution and drug rings. In February Casa Alianza reported that 
between 1990 and 2001, an average of five street children were murdered 
each year. There has been little or no investigation in 80 percent of 
the cases. Individuals, private security guards, and other street 
children--not police or other government forces--committed most 
violence against street children. On June 20, unknown individuals shot 
and killed three children and wounded three others who were sleeping on 
a corner. On August 15, two men threw rocks at a street child who was 
sleeping on the roof of a market stall, crushing her skull. Social 
cleansing was a possible motive (see Section 1.a.). No arrests were 
made. On May 16, the Protection of Children and Youth Forum launched a 
public awareness campaign aimed at educating the populace about the 
societal ills that contribute to the problem of street children.
    The Government and a number of NGOs operate youth centers; however, 
the funds devoted to them are not sufficient to alleviate the problem. 
The Government maintains one shelter each for girls and boys in 
Guatemala City. These shelters provide housing for the homeless and 
incarceration for juvenile offenders.
    In February the U.N. Special Rapporteur on Children in Armed 
Conflicts, Olara Otunnu, expressed concern over the low level of state 
resources devoted to education, health, and nutrition for children. 
Otunnu also urged stronger government participation in the National 
Commission for the Search for Disappeared Children (see Section 1.b.).
    On May 16, the Constitutional Court ordered Congress to set a date 
for the new Minor's Code to take effect. Casa Alianza and members of 
the Movement for Children had filed an injunction questioning the 
constitutionality of the February 2000 Congressional suspension of the 
implementation of the code. Congress, arguing that time was needed to 
develop the infrastructure for implementation, set an implementation 
date of December 1, 2003.

    Persons with Disabilities.--The Constitution provides that the 
State should protect persons with disabilities; however, persons with 
physical disabilities suffer discrimination in education and employment 
practices, and few resources are devoted to combat this problem. The 
PDH estimated that the disabled population is 1.7 million. These 
individuals have limited access to health care, recreational 
facilities, and work opportunities. Educational resources for those 
with special needs are scarce and the majority of the universities are 
not handicapped accessible. The National Hospital for Mental Health, 
the dominant health care provider for persons with mental illness, 
lacks basic supplies and equipment. Patients suffer from unhygienic 
living conditions and a shortage of medical professionals. Reports of 
sexual abuse by the staff are common. In June the press reported that 
only 30 percent of disabled children receive support from the Ministry 
of Education, which employs 150 teachers trained to work with the 4,500 
children with disabilities who are registered in public schools. During 
the year, the Education Ministry began a public awareness program in 
public schools to overcome teachers' resistance to attendance by 
disabled students.
    In 1996 Congress passed the Law for Protection of the Elderly and 
the Law on Attention to Disabled Persons, which mandates equal access 
to public facilities, prohibits discrimination based on disability, and 
provides other legal protections. The law defines a person with 
disabilities as one whose physical, mental, or emotional deficiencies 
limit performance of normal activities. It stipulates equal opportunity 
for persons with disabilities in health, education, work, recreation, 
sports, and cultural activities. It also provides that all persons with 
disabilities receive the benefits of labor laws and social security and 
have the right to work. In addition, the law establishes equal 
educational opportunities, the requirement that buildings meet access 
codes, and the right to equal pay. Government efforts to implement the 
legislation have been weak. While the National Council for the Disabled 
(CONADI), composed of representatives of concerned government 
ministries and agencies, met regularly to discuss initiatives, no 
resources have been devoted to the implementation of their 
recommendations. CONADI's petition for a permanent budgetary allocation 
from the Government was rejected. CONADI organized protests to demand 
that the Government follow through on its commitments to provide access 
to public institutions, spaces, and transit.

    Indigenous Persons.--The Constitution states that the country is 
composed of diverse ethnic groups and obliges the Government to 
recognize, respect, and promote the lifestyles, customs, traditions, 
social organization, and manner of dress of indigenous people.
    Indigenous people constitute more than half the population; 
however, they remain largely outside the country's political, economic, 
social, and cultural mainstream. A 2000 U.N. report stated that 73 
percent of indigenous persons, and 72 percent of those living in rural 
areas, faced an institutional lack of economic possibilities and 
limited access to basic services. According to UNDP, 90 percent of the 
indigenous are poor. The 1994 census, the most recent, found that 43 
percent of the population is indigenous. However, most observers 
believe that this figure is low, and that indigenous people constitute 
a majority of the population. There is no single indicator of 
indigenous status, and there are at least 22 separate Mayan ethnic 
groups, each with its own language. In addition to the indigenous Mayan 
groups, there is an indigenous Xinca community of some 6,000 persons. 
The Garifuna, descendents of Africans brought to the Caribbean region 
as slaves who later migrated to South and Central America, are a 
separate minority group.
    In 2000 when the Government designed a new 2000-04 timetable for 
the implementation of the Peace Accords, it was clear that the majority 
of the provisions regarding indigenous rights were incomplete. Among 
the initiatives still pending are educational reforms that include 
bilingual and intercultural components, promotion of the use of 
indigenous languages, and the conservation and protection of ceremonial 
sites. On April 3, MINUGUA released a public statement lamenting the 
minimal advancement in the implementation of the Accord on Indigenous 
Rights 7 years after its signing.
    Indigenous people were the most frequent victims of extrajudicial 
killings and other serious human rights abuses during the internal 
conflict. The commissions established to discuss the implementation of 
constitutional provisions relating to indigenous rights met during the 
year to formulate recommendations to the Government regarding 
protection of indigenous culture, languages, traditions, lands, and 
sacred sites. Indigenous people continued to organize themselves into 
interest groups to promote bilingual education, women's rights, and 
community development. Politically, the indigenous groups remained 
disunited, and there was little agreement among the groups on common 
goals or strategies to increase their political representation and 
power.
    Rural indigenous people have limited educational opportunities and 
fewer employment opportunities. For this reason, indigenous men 
constitute a very high percentage of the military's ranks. Many 
indigenous people are illiterate or do not speak Spanish. A 
disproportionate number of indigenous girls do not attend school. The 
Government has devoted few resources to bilingual education, and the 
Ministry of Education has yet to implement the recommendations made by 
the Commission on Educational Reform. CIEN noted in its annual report 
on educational reform that some 900,000 children between the ages of 6 
and 12 speak an indigenous language. Nevertheless, only 22 percent of 
this population received bilingual instruction. Only 12 percent of all 
teachers are bilingual. Since 1999 there have been no reports of 
schools denying children the right to wear traditional indigenous 
dress, a common complaint under the previous administration. However, 
on June 5, an indigenous leader was denied entrance to a restaurant in 
Guatemala City because she was wearing traditional dress. The owner of 
the establishment made a public apology and fired the offending 
employee, but indigenous groups cited the case as an example of the 
discrimination the indigenous face daily. The victim announced her 
intent to submit the case for consideration to the IACHR as an example 
of the historical, institutional, and structured racism that exists in 
the country. The Human Rights Ombudsman issued a moral condemnation to 
the restaurant's owner and recommended that Congress promote laws 
prohibiting and punishing all forms of discrimination.
    Indigenous people arrested for crimes often are at a disadvantage 
due to their limited comprehension of Spanish. The Criminal Procedures 
Code states that the courts must provide interpretation for anyone 
requiring such services during criminal proceedings. Despite this, 
reports continued that indigenous people did not have equal access to 
the justice system. The Public Ministry concentrated 18 interpreters in 
former conflict areas of the country, and the Public Defender's Office 
employed 6 bilingual public defenders and assigned them to areas where 
they could serve as translators in addition to defending their clients. 
The Government made efforts to recruit justices of the peace who are 
bilingual in Spanish and an indigenous language. However, in 561 
tribunals around the country there are only 62 judges who speak Mayan 
languages, and 22 court interpreters. Only 14 percent of police 
officers are indigenous. Better efforts were made to assign these 
officers to towns where their language skills can be put to use. 
Approximately 75 percent work in the geographic area of their 
particular linguistic competency.
    In his December 2001 report, the U.N. Special Rapporteur on the 
Independence of Judges and Lawyers noted that access to justice for the 
indigenous community is ``seriously defective'' (see Section 1.d.). He 
specifically recommended that the Government take steps to incorporate 
indigenous custom and practice into national laws. On August 8, the 
Attorney General signed an accord promising to improve access to the 
justice system for the indigenous. Among the initiatives was the 
establishment of a Special Prosecutor for Indigenous Peoples to focus 
on cases of discrimination.
    In July more than 25 representatives from civil society formed the 
National Roundtable Against Racism with the purpose of fostering an 
open, public debate on the problem and to seek solutions. Also in July, 
Mayan Defense, an NGO, began a 3-year education campaign to combat 
racism and discrimination. Again in July, various indigenous women 
leaders demanded the cancellation of the Rabin Ajau, an annual beauty 
contest among indigenous women that has taken place for 33 years and 
that receives government support. Previous participants and winners of 
the contest took part in the protest, explaining that the event had no 
roots in Mayan culture and that contestants were humiliated and 
prevented from speaking freely during the pageant.
    In May the U.N. Special Rapporteur on Human Rights Defenders 
visited and expressed her concern over the increasing vulnerability of 
indigenous leaders to attacks (see Section 4). In September the U.N. 
Special Rapporteur for Indigenous Rights visited and commented that 
racism in country is ``latent''. On July 29 and 30, Pope John Paul II 
visited the country. In his public remarks, he lamented the situation 
of the indigenous and affirmed their right to respect, justice, and 
peace.
    On October 3, the Government settled the century-old Los Cimientos 
land dispute. The Quiche community was relocated to a farm in Escuintla 
with $3 million (23,250,000 quetzals) from the Presidential Secretariat 
for Agrarian Affairs. This resolution took place over a year after the 
Quiches had been forced out of Los Cimientos and into refugee camps in 
June 2001 by ex-civilian patrollers from their rival indigenous group.

Section 6. Worker Rights

    a. The Right of Association.--The Constitution and the Labor Code 
provide workers with freedom of association and the right to form and 
join trade unions. However, in practice the Government does not enforce 
effectively labor laws to protect workers who exercise their rights. 
All workers have the right to form or join unions, including public 
sector employees, with the exception of members of the security forces. 
Approximately 3 percent of the work force is unionized. The Government 
does not control unions. There is no state interference in union 
activities; however, some believe internal intelligence services may 
monitor the activities of some politically active union leaders. In 
2001 the Congress passed two sets of reforms to the national Labor Code 
that an International Labor Organization (ILO) direct contact mission 
noted ``constitute a significant step forward in the application of 
Conventions Nos. 87 (freedom of association) and 98 (right to organize 
and bargain collectively), in that they repeal or amend many of the 
provisions criticized by the Committee of Experts.'' The reforms 
redefined the mission of the Labor Ministry from exercising ``strict 
oversight to ensure unions operate legally'' to guaranteeing ``the free 
exercise of union rights.'' The reforms also permitted industrial or 
sectoral unions. Legal recognition of a new industrial union now 
requires that the membership constitute one-half plus one of the 
workers in an industry. Labor activists consider this requirement a 
virtually insurmountable barrier to the formation of new industrial 
unions.
    The 2001 reforms accord initial jurisdiction over labor law 
violations to the Labor Ministry and set forth procedures for 
processing complaints, making initial determinations, and fining 
violators--new enforcement powers previously reserved to the labor 
courts. The Ministry of Labor may levy substantial fines for violations 
of labor rights; the Ministry claims to have levied more fines since 
May 2001 than the labor courts have collected in the 50 years of their 
existence. However, individual fines are generally low because 
companies can challenge Ministry fines in the labor courts. The labor 
inspection system remains ineffective and corrupt, despite continuing 
efforts at improvement. Low pay, the lack of a strong ethic of public 
service, and ineffective management prevent the Ministry from providing 
effective service.
    Retaliation, including firing, intimidation, and sometimes 
violence, by employers and others against workers who try to exercise 
internationally recognized labor rights is common and usually goes 
unsanctioned. The ILO's Committee on Freedom of Association continues 
to monitor about a dozen allegations of serious violence between 1995 
and 2000 against individuals for unionizing activities that lack 
credible investigations, prosecutions, or trials. In April 2001, an ILO 
Direct Contact Mission visited to investigate lack of progress in those 
investigations. In June 2001, the Public Ministry assigned a Special 
Prosecutor for Crimes Against Unionists and Journalists to review these 
and all new cases involving union members. Since its inception, the 
Special Prosecutor's Office accepted 80 cases involving union members, 
31 of which remained under investigation at year's end. Only two 
suspects have been brought before a judge and one person has been 
detained. The remainder of the cases were found to be without merit by 
judges or by the Prosecutor's Office. Arrest warrants have been issued 
in only two cases. In October MINUGUA reported that labor leaders and 
unions had received 288 threats against them from January 1, 2000-
September 15, including 158 death threats; 4 killings of unionists were 
registered during that period. Another such killing occurred in 
November.
    The most common violation of freedom of association is the 
dismissal of workers for unionizing activity. Some workers who suffer 
illegal dismissal take their case to the labor courts and win 
injunctions of reinstatement. Appeals and re-appeals by the employers, 
along with legal ploys such as re-incorporation as a different entity, 
often prolong proceedings for years. The labor courts generally do not 
dismiss frivolous appeals, nor are their decisions enforced. According 
to Labor Ministry officials, the labor courts vindicate the majority of 
workers' claims against employers. However, employers comply with the 
court decisions in only a small number of cases, creating a climate of 
impunity. Often employers are not disciplined for not complying with 
legally binding court orders.
    For example, in 1998 foreign firms contracted with DYMEL, S.A. to 
build a coal-fired power plant near San Jose, Escuintla. During 
construction of the plant, DYMEL's workers, most contracted for the 
duration of the construction phase of the project, formed a union. 
DYMEL then fired 72 union organizers without required court permission. 
The workers went to court and won a judgment reinstating them with back 
pay. After appeals by DYMEL, the verdict was upheld by the 
Constitutional Court in May 2001. Meanwhile, DYMEL had completed the 
project, reorganized to shelter itself from claims, and moved assets 
and operations to El Salvador. The workers began a sit-in on the 
doorstep of the presidential offices in late November 2001. In October 
the workers and DYMEL negotiated a financial settlement of worker 
claims. On October 7, 71 workers received a monetary reward to cover 
back wages and lawyers' fees.
    Throughout the economy, employees were reluctant to exercise their 
right of association for fear of reprisal by employers. Workers had 
little confidence that the responsible executive and judicial 
institutions would effectively protect or defend their rights if 
violated. In addition, the weakness of labor inspectors, the failures 
of the judicial system, poverty, the legacy of violent repression of 
labor activists during the internal conflict, the climate of impunity, 
and the deep-seated hostility of the business establishment toward 
independent and self-governing labor associations constrained the 
exercise of worker rights. In 1999 MINUGUA's Fourth report on the Peace 
Process noted that ``genuine trade union freedom does not exist'' due 
to anti-union violence. It also reported a significant gap between the 
problems regarding workers' rights and the resources applied by the 
Government to solving these problems.
    Nobody has been charged for the December 2001 murder of Baudilio 
Cermeno Ramirez, the Organization Secretary of the Light and Energy 
Union.
    Investigation of the 2000 killing of Oswaldo Monzon Lima, the 
secretary general of a fuel drivers' union, continues without results.
    Labor leaders reported receiving death threats and other acts of 
intimidation. In its September report on human rights, MINUGUA reported 
threats to the head of the immigration workers' union and the 
UNSITRAGUA labor federation, as well as the attempted shooting of the 
leader of the municipal workers union of Nueva Concepcion, Escuintla. 
On November 27, the bodies of Carlos Francisco Guzman Lanuza, the 
Secretary General of the Municipal Employees Union of Nueva Concepcion 
and leader of a union of South Coast workers, and his brother were 
discovered on a highway near Nueva Concepcion, Escuintla province. They 
died from multiple bullet wounds. According to MINUGUA, since 2001 
Nueva Concepcion had been plagued by violence from armed groups 
associated with the mayor, Augusto Linares Arana. The investigation of 
the case by the Special Prosecutor for Crimes Against Unionists had 
produced no arrests at year's end. The General Central Union of 
Guatemalan Workers (CGTG) described death threats and other forms of 
intimidation received by a member of the municipal union of 
Chichicastenango, another member of commercial workers' union of 
Chichicastenango (both from municipal officials), by two leaders of the 
Professional Heavy Truckers Union, and by the leader of the municipal 
union of Puerto Barrios. On May 13, the adult son of the leader of the 
National Federation of Public Servants (FENASEP) was killed in the 
capital. The CGTG claims that none of these acts has been investigated 
adequately.
    An active ``solidarismo'' movement claims to have approximately 
170,000 members in about 400 companies. Unions may operate legally in 
workplaces that have solidarity associations, and workers have the 
right to choose between the two or to belong to both. The Government 
views these associations as civic organizations that need not interfere 
with the functioning of trade unions. The Labor Code stipulates that 
trade unions have an exclusive right to negotiate work conditions on 
behalf of workers. However, unions charge that management promotes 
solidarity associations to avoid the formation of trade unions or to 
compete with existing labor unions. Representatives of most organized 
labor groups criticize these associations for not permitting strikes, 
having inadequate grievance procedures, and for displacing genuine, 
independent trade unions with an employer-dominated structure. There 
were credible reports that some associations did not adhere to 
democratic principles.
    The administrative process for unions to obtain legal status has 
been simplified over the past decade. In 1996 the Ministry of Labor 
reduced the number of steps needed to adjudicate union applications and 
mandated a deadline of 20 workdays for reaching a decision. Labor Code 
reforms adopted in 2001 authorized the Labor Ministry to establish a 
free legal assistance service for workers who desire to unionize, 
contained provisions designed to simplify further the Ministry's 
application and recognition process, and strengthened union members' 
ability to demand transparency in union activities. In 2001, the last 
year for which complete official data is available, the Labor Ministry 
granted legal status to 48 unions. At the end of 2001, there were 1,481 
registered unions (742 considered ``active''), with 119,471 members. 
Unofficial sources claim that by mid-year, that number had increased to 
1,506 registered unions with 120,953 members.
    The registered unions were generally independent of government and 
political party domination.
    The two unions at the Choi Shin/Cimatextiles maquila plants where 
anti-union violence occurred in July 2001 have not been able to achieve 
membership of 25 percent of workers to compel collective bargaining. 
During the year, management claimed to have instituted voluntarily a 
process of regular dialogue with the unions to prevent further 
conflicts.
    Many violations of the right of association and other labor rights 
occurred in the public sector. In September 2001, MINUGUA highlighted 
cases of intimidation, threats, and illegal firings of municipal 
workers by public officials in Cuilapa, Santa Rosa; Guastatoya, El 
Progresso; Tecpan, Chimaltenango; and La Gomera, Escuintla. In 
addition, the management of Ministry of Health hospitals in the capital 
and in Cuilapa, Santa Rosa refused to recognize union leaders or tried 
to replace them with others, and the Ministry had not complied with 
terms of a collective bargaining agreement negotiated by the previous 
administration. In its September human rights report, MINUGUA verified 
anti-union practices within the Office of the Comptroller General, who 
spoke openly of his intention to dismantle two unions. In August 
doctors in the major public hospital in the capital stopped work and 
forced the Social Security Institute to agree to pay back wages with 
increases.
    The Labor Code provides for the right of employers to fire union 
workers for cause, permits workers to appeal their dismissal to the 
labor courts, and requires the reinstatement within 24 hours of any 
unionized worker fired without cause. The Labor Code also prohibits 
employers from firing any member of the executive committee of a union 
and also protects them for 12 months after their terms end. An employer 
may fire a member of the union's executive committee for cause only 
after a trial in a labor court and issuance of a court resolution. Even 
in clear-cut cases of illegal firings, labor laws have not been 
enforced adequately.
    Despite governmental, bilateral, and multilateral efforts to 
restructure and modernize the labor court system, the system remained 
ineffective. There are 20 labor courts; 7 in the capital and 13 located 
elsewhere around the country. An additional nine courts address labor 
issues, primarily appeals, as part of their jurisdiction. The weakness 
of the judicial system as a whole, the severe shortage of competent 
judges and staff, a heavy backlog of undecided cases, and failure to 
enforce effectively court rulings all contribute to the labor courts' 
lack of credibility and effectiveness. The small number of competent 
and motivated labor inspectors and the lack of training and resources 
devoted to detecting and investigating Labor Code violations compound 
the weakness of the labor courts. UNICEF, the ILO, and MINUGUA continue 
to urge the Government to speed up the administration of justice to 
ensure the strict enforcement of labor laws. In 2001 MINUGUA singled 
out the Third Judge for Labor for egregious delays in legal procedures 
stemming from a dispute involving a bank workers union dating to 1997. 
The judge took more than 3 years to convoke the parties before a 
conciliation tribunal, which should have taken place within 36 hours.
    Government efforts to improve the labor inspection system, begun in 
2000, continued with international support. After substantially 
expanding the size of the inspector corps in 2000, the Ministry of 
Labor increased its rate of inspections and fired some incompetent or 
corrupt inspectors. The Ministry also launched with MINUGUA assistance 
a permanent training program for inspectors, created new individual 
performance indicators for inspectors, began to computerize inspection 
reports, cooperated with an ILO study on inspection norms, and enlisted 
union and employer support for the creation of national and 
departmental consultative councils to discuss Labor Inspectorate 
operations.
    Under the revised Labor Code, complaints can be heard at the 
Ministry of Labor rather than requiring that inspectors travel to each 
work site. The Ministry also instituted a set of complaint assistance, 
small claims mediation, and information-providing initiatives designed 
to provide better services to workers. The Ministry continued its 
educational campaign on worker rights (especially the rights of minors 
and women), which included a campaign of radio spots and the provision 
of some educational materials in indigenous languages. In an effort to 
improve enforcement of the Labor Code outside the capital, the Ministry 
of Labor continued to decentralize its operations. Seven of the 
Ministry's offices have been accorded regional authority. These 
regional offices, in addition to labor inspectors, also include 
specialists in women and workplace issues, management-worker relations/
conflict resolution, and minor workers/child labor issues. The Labor 
Ministry plans to give these regional offices supervisory authority 
over branch offices in the departmental capitals of each region.
    MINUGUA and the Human Rights Ombudsman's office of the Defender of 
Worker Rights take complaints related to violation of internationally 
recognized worker rights. The Human Rights Ombudsman's Office can 
investigate union complaints and issue a statement; however, the office 
has no enforcement powers beyond attempting to resolve the situation 
through publicity and persuasion. The Ombudsman made public statements 
about labor conditions in various sectors of the economy.
    Unions may and do form federations and confederations and affiliate 
with international organizations.

    b. The Right to Organize and Bargain Collectively.--Workers have 
the right to organize and bargain collectively. However, the small 
number of unionized workers limits the practice of collective 
bargaining. The prevailing business culture ignores labor contracts 
because, in practice, they are largely unenforceable due to the weak, 
cumbersome, and corrupt legal system. Labor Code reforms adopted in 
2001 reduced from two-thirds to one-half plus one the number of union 
members required to approve a collective bargaining agreement. The ILO 
Committee of Experts had called for this change. The ILO also noted 
other reforms necessary to provide for full exercise of the right to 
organize and bargain collectively.
    Other factors limiting the practice of collective bargaining 
include the requirement that 25 percent of the workers in a factory or 
business must be union members for collective bargaining to take place, 
lack of experience, and management's aversion to sharing power with 
workers. Management and labor honored collective contracts at some 
firms. In others, management, and sometimes labor, chose to ignore 
selected provisions of binding collective bargaining agreements. 
According to the Ministry of Labor, 22 collective bargaining agreements 
were registered in 2001. A total of 144 agreements were reached between 
1997-2001, according to the most recent official data. The greatest 
number of agreements were reached in the social services (44) and 
industrial manufacturing (43) sectors. Most workers, even those 
organized in trade unions, do not have collective contracts documenting 
their wages and working conditions, nor do they have individual 
contracts as required by law. According to a 2000 study by the 
Association for Research and Social Studies, only 10 percent of workers 
have a contract duly registered with the Labor Ministry as required by 
law.
    A February government decree prohibits the executive branch from 
allowing any salary or other monetary benefits to increase under any 
collective bargaining agreement. Labor groups have criticized this 
policy and vowed to challenge its constitutionality under ILO 
Convention 98.
    The Labor Ministry has worked to promote the restructuring of labor 
relations in enterprises by encouraging labor-management cooperation 
and to bring about a ``culture of negotiation'' as called for by the 
Peace Accord on Socioeconomic Aspects and the Agrarian Situation. 
Despite these efforts, productive, good faith negotiations between 
employer and worker representatives have been the exception rather than 
the rule. The majority of unions that engaged in collective bargaining 
during the year reported that some employers continued to reject the 
underlying premise of collective bargaining--that power in the 
workplace can be shared according to a contract between the employees 
and company management for the benefit of both.
    The law protects workers from retribution for forming unions and 
for participating in trade union activities, but enforcement of these 
provisions is weak. Many employers routinely seek to circumvent Labor 
Code provisions to resist unionization. An ineffective legal system and 
inadequate penalties for violations have hindered enforcement of the 
right to form unions and participate in trade union activities in the 
past and perpetuates the violence that workers face if they attempt to 
exercise their rights.
    The Labor Code prohibits employers from firing workers for union 
organizing and protects them from being fired for 60 days following 
notification to the Labor Ministry that a union is being formed. 
Thereafter, they can be fired for cause, unless they are members of the 
union's executive committee. During labor conflicts, unions frequently 
seek a labor court injunction, which prohibits firing without approval 
of a judge until the conflict is resolved (277 such injunctions were 
filed in 2000, according to the most recent official data). Although 
the Labor Code provides that workers fired illegally for union activity 
should be reinstated within 24 hours, in practice employers have filed 
a series of appeals or simply defied judicial orders for reinstatement. 
The Labor Code reforms adopted in 2001 significantly increased by 10 to 
50 times the minimum monthly wage-penalties for defying such orders. 
However, effective utilization of these enhanced enforcement powers of 
the Ministry of Labor has proved difficult. The Labor Ministry, and its 
corps of labor inspectors in particular, continues to suffer from a 
lack of respect from employers, inadequate resources, and corruption 
(see Section 6.a.). The Labor Ministry reported issuing 4000 fines to 
202 employers, totaling $70,279 (544,665 quetzals). According to the 
Ministry, this total of fines on employers amounts to ten times what 
the labor courts had issued in the past 50 years of their existence. An 
additional 3,798 additional cases were being processed at year's end.
    During the year, routine labor inspections increased to 24,632, 
from 20,613 in 2001. Inspections based on a specific complaint reached 
4,820.
    Workers have the right to strike. However, the very low level of 
unionization and procedural hurdles make legal strikes rare. The 
reforms adopted in 2001 rescinded the provision--long noted by the ILO 
as an unwarranted constraint on the right of association-that 
prohibited seasonal agricultural workers from striking during harvest 
time. The 2001 Labor Code reforms also reduced from two-thirds to one-
half plus one the number of a firm's workers required to call a legal 
strike. The Labor Code requires that a labor court consider whether 
workers are conducting themselves peacefully and have exhausted 
available mediation before ruling on the legality of a strike. The 2001 
Labor Code reforms created new procedures that workers in essential 
services (health, utility, and communications) must follow to exercise 
legally the right to strike; however, other changes in the Labor Code 
gave the President and his cabinet the power to suspend any strike 
deemed ``gravely prejudicial to the country's essential activities and 
public services.'' Employers may suspend or fire workers for absence 
without leave if authorities have not recognized their strike as legal. 
The strike regulation law calls for binding arbitration if no agreement 
is reached after 30 days of negotiation. For a strike to be declared, a 
workplace election must be held, and 50 percent plus 1 person present, 
including workers and management, must vote in favor of the strike. The 
union then must petition a labor court for permission to strike. The 
judge calls the petitioners and employer representatives before the 
court and forms a Conciliation Tribunal to seek resolution of the 
conflict. If no agreement is reached, the parties can go to binding 
arbitration, or the judge may rule on the legality of the strike. In 
practice, this can be a lengthy process, and few requests for strikes 
are upheld.
    There was one legal strike during the year. On July 5, the union of 
municipal workers of Jalapa went on strike for 15 days. They returned 
to work after the mayor pledged to honor union demands. Other 
unofficial work stoppages were held by labor groups in the banana 
sector, health sector, and others throughout the year. Landless peasant 
groups blocked national roads to press the national government for more 
attention to their demands for land.
    Labor laws and regulations apply throughout the country, including 
the few export processing zones (EPZs). (Maquilas that make garments 
for export operate under an EPZ-like regime, although they are not 
located in distinctly established areas.) The laws governing the EPZs 
do not infringe on fundamental rights to organize trade unions or 
bargain collectively. However, there are no collective bargaining 
agreements between employers and any of the more 100,000 workers in the 
for-export zones and maquila sector. Union leaders' inability to 
organize workers in these zones is caused by employer intimidation and 
pressure as well as unofficial restrictions on their access to the 
EPZs.

    c. Prohibition of Forced or Bonded Labor.--The Constitution bars 
forced or bonded labor; however, women are trafficked for the purpose 
of sexual exploitation (see Section 6.f.). Trade union leaders and 
human rights groups charge that employers sometimes forced workers to 
work overtime, often without premium pay (see Section 6.e.). The law 
does not specifically prohibit forced or bonded labor by children; 
however, they are covered by the general constitutional provision. 
Forced or bonded labor by children generally did not occur.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Constitution bars employment of minors under the age 
of 14 without written permission from the Ministry of Labor. However, 
the informal and agricultural sectors regularly employ younger 
children, usually in small family enterprises. Economic necessity 
forces most families to have their children seek some type of 
employment to supplement family income, especially in rural and 
indigenous communities. In 2000 MINUGUA found that 34 percent of 
children 7 to 14 years of age work. Most minors work at household 
chores, in subsistence agriculture, in family-run enterprises, and 
elsewhere in the informal economy.
    According to a special survey by the National Statistics Institute 
completed in 1999, from 1998 to 1999 there were 326,095 children doing 
paid work, and 495,780 doing chores in the home. An estimated 80 
percent of work accidents involve 15-to-18-year-old workers who lack 
proper safety training. The law prohibits minors from night work and 
extra hours (the legal workday for minors younger than 14 is 6 hours; 
for minors 14 to 17 years of age, it is 7 hours); from work in 
establishments where alcoholic beverages are served; and from work in 
unhealthy or dangerous conditions.
    The ILO's International Program on the Elimination of Child Labor 
is active in the fireworks industry and opened a pilot facility for 
safe production of fireworks without child labor in July. The Labor 
Ministry estimated that approximately 10 percent of the children in 
this industry work illegally in factories, while younger children, 
under the age of 14, typically work at home on piecework taken in by 
their families. Accidents occur regularly in the informal cottage 
fireworks industry. According to press reports an average of 25 persons 
per year, the majority minors, suffer burns and amputations from 
accidents in the fabrication of fireworks. Between 3,000 and 5,000 
children were employed in the illegal cottage-based fireworks industry.
    The ILO also sponsors programs to eliminate child labor in the 
production of gravel and certain agricultural sectors.
    Laws governing the employment of minors are not enforced 
effectively, due to the weakness of the labor inspection and labor 
court systems. The Association for Girls and Boys in Central America 
estimates that approximately 2 million children work in the region. The 
majority of child laborers work in agriculture (family farms, coffee, 
and sugar cane harvesting), while others work in domestic service, 
construction, family businesses, stone quarrying, rock-breaking, 
fireworks manufacturing, shining shoes, begging, performing in the 
streets, or other jobs. In 2001 the Ministry approved 1,014 permits for 
minors under 14-years-old. Many children under the age of 14 work 
without legal permission and are vulnerable to exploitation. Their 
illegal status makes them ineligible to receive social benefits, social 
insurance, vacations, or severance pay, and they often earn salaries 
below the minimum wage.
    In October the ILO reported that the number of child workers has 
increased to 937,530, and that 38,878 of those are under 18 years of 
age and working as domestics in private homes in conditions of modern 
slavery. The ILO report studied 150 child domestic workers in Guatemala 
City and 100 in the southeastern city of Jutiapa. Forty-five percent of 
those interviewed were between 6 and 13 years old. The report asserts 
that the total number of child and adolescent domestic workers in the 
provinces of Guatemala and Jutiapa totals 10,433, the overwhelming 
majority of whom (10,144) are female. In the capital, the majority of 
children (74 of 100) worked 13 to 16 hours a day, and their average 
monthly salary is approximately $51 (395 quetzals). Monthly wages were 
even lower in Jutiapa, where 60 percent of those interviewed worked 
less than 6 hours per day; however, they work for more than 1 
household. Many suffered psychological mistreatment, including sexual 
abuse.
    In May the ILO released a report entitled ``Child Labor in Garbage 
Dumps: A Rapid Evaluation.'' The report is the result of 167 interviews 
with garbage pickers in the capital. Seventy percent of those 
interviewed were between 7-18 years old. More than half of those 
interviewed under 13 years old do not attend school. The figure was 
higher (74 percent) for those between 14-18 years old. Eight percent of 
those interviewed lived on the dump, and 32 percent lived nearby. The 
child workers suffer a variety of physical maladies associated with 
their work.
    The Child Worker Protection Unit within the Ministry of Labor 
enforces restrictions on child labor and educates minors, their 
parents, and employers on the rights of minors in the labor market. In 
2000 the Ministry of Labor, with the support of a group of NGOs, 
finalized a National Plan for the Prevention and Eradication of Child 
Labor and Protection of Adolescent Workers, which was approved by the 
Cabinet in 2001. In 2001 the Ministry launched a national campaign to 
eliminate the worst forms of child labor, and in November President 
Portillo announced the creation of a new National Commission for the 
Elimination of Child Labor which will coordinate ministerial 
collaboration on implementation of the National Plan to Eradicate Child 
Labor.
    The labor law does not specifically prohibit bonded labor by 
children; however, the Constitution prohibits forced or compulsory 
labor. Bonded labor by children generally did not occur; however, 
children were trafficked into prostitution (see Section 6.f.).

    e. Acceptable Conditions of Work.--Although the law sets minimum 
wages, noncompliance with minimum wage provisions in the rural and 
informal sectors is widespread. A May 2001 government survey of 
employment and income revealed that only 60 percent of the working 
population received the minimum wage or more. As minimum wage 
provisions have become more complex through inclusion of a monthly 
``incentive bonus'', and as the minimum wage has risen during the year 
and with a deepening economic crisis affecting the coffee-growing 
sector, noncompliance with the law, which was already high, has risen. 
Advocacy groups that focus on rural sector issues estimate that more 
than half of workers engaged in day-long employment in the rural sector 
do not receive the wages, benefits, and social security allocations 
required by law. Minimum wage laws do not extend to domestic workers.
    The Ministry of Labor oversees a tripartite committee that makes 
recommendations for increases in the minimum wage. In the event that 
agreement is not reached in the tripartite commission, the Government 
may decree such increases based on recommendations of the Labor 
Minister. The 2000 Labor Code reforms placed responsibility for 
drafting the decrees setting new minimum wage levels, should there be 
no consensual proposal submitted by the tripartite commission, on the 
Labor Ministry. On January 1, a minimum wage increase, promulgated by 
executive branch decree after the tripartite commission was unable to 
reach a consensus, took effect. This decree raised the minimum daily 
wage for agricultural work by $0.31 (2.42 quetzals) to $3.52 (27.50 
quetzals). It raised the minimum daily wage for service, industrial, 
and government sector work by $0.29 (2.33 quetzals) to $3.85 (30.00 
quetzals). In August 2001, the Government decreed a mandatory monthly 
bonus for all workers of $31.25 (250 quetzals) from a previous level of 
$20.20 (162 quetzals) for agricultural workers and $19.30 (154 
quetzals) for nonagricultural workers.
    The minimum wage was not sufficient to provide a decent standard of 
living for a worker and family. According to the UNDP, at least 80 
percent of the population, including approximately 60 percent of 
working population, lives below the poverty line. The Ministry of Labor 
conducts inspections to monitor compliance with minimum wage 
provisions; however, the Ministry of Labor lacks the resources to 
enforce adequately the minimum wage law.
    An estimated 70 percent of workers are in the informal sector, and 
are therefore completely without labor protections. Only 21 percent of 
workers were covered by the National Social Security System (IGSS) in 
2000, according to the Labor Ministry.
    The legal workday is 8 hours and the workweek is 44 hours; a 
tradition of longer hours remains in place in certain sectors. These 
limits do not apply to domestic workers. The Labor Code requires a 
weekly paid rest period of at least 24 hours. Trade union leaders and 
human rights groups charge that employers sometimes forced workers to 
work overtime, often without premium pay. Labor inspectors report 
uncovering numerous instances of such abuses, but the lack of stiff 
fines or strong regulatory sanctions, as well as inefficiencies in the 
labor court system and enforcement of court orders, have inhibited 
adequate enforcement of the law.
    Occupational health and safety standards are inadequate. During the 
year, as part of its effort to address this situation, the Ministry of 
Labor participated in a number of regional international initiatives 
intended to sensitize employers and workers to health and safety risks 
in the workplace. The Labor Ministry provides training courses for 
labor inspectors in health and safety standards, and has given such 
training priority despite scarce resources. In August the Minister 
unveiled a National Plan for Occupational Health and Safety developed 
through tripartite participation.
    Nevertheless, enforcement of occupational health and safety 
standards remains weak. When serious or fatal industrial accidents 
occur, the authorities often fail to investigate fully or assign 
responsibility for negligence. Employers rarely are sanctioned for 
having failed to provide a safe workplace. However, in the past, the 
authorities suspended one maquila operation for safety shortcomings and 
threatened about a dozen others with a suspension of operations if they 
failed to improve safety conditions. Legislation requiring companies 
with more than 50 employees to provide on-site medical facilities for 
their workers has not been well enforced. However, most large employers 
did provide such facilities for their employees. The fireworks industry 
is particularly hazardous (see Section 6.b.). Workers have the legal 
right to remove themselves from dangerous work situations without 
reprisal. However, few workers are willing to jeopardize their jobs by 
complaining about unsafe working conditions.
    A January report by the Women's Rights Division of HRW alleged that 
women workers, especially in the domestic and maquila for-export 
manufacturing sector, suffer from high rates of discrimination and 
sexual harassment. One-third of a sample of 29 domestic workers 
reported sexual harassment at work, according to the report. Labor law 
exempts domestic workers from the right to an 8-hour workday and the 
44-hour workweek, provides domestics only limited rights to national 
holidays and weekly rest, and denies domestics the right to employee 
health care under the national social security system. While the labor 
code stipulates that all workers have the right to the minimum wage, 
domestic workers are denied this right by executive decree.
    The report alleged that maquilas often force women to reveal 
whether they are pregnant as a condition of employment, either through 
questions on job applications, in interviews, or through physical 
examinations. Approximately 80 percent of the 100,000 maquila workers 
are women.

    f. Trafficking in Persons.--The law specifically prohibits 
trafficking and smuggling of persons; however, trafficking in women and 
children is a problem. The country is a source and transit country of 
women and children trafficked for the purpose of sexual exploitation. 
There is also internal trafficking and in some cases, the country is a 
destination country for trafficked victims. Trafficked persons come 
mainly from other Central American countries and Ecuador. Victims 
trafficked to Guatemala are usually young women or children who are 
trafficked for sexual exploitation. Most of the minors brought to the 
country are trafficked for sexual exploitation and placed in poor 
surroundings and paid low salaries. A 1999 study by the NGO Pro-ninos, 
Ninos Centro Americanos (PRONICE) suggests that fraud and threats are a 
common form of recruitment. Usually traffickers choose pretty girls who 
come from poor families. The most common ``contracting places'' are 
along the borders. Those trafficked from Guatemala for sexual 
exploitation are usually minors, both boys and girls, from poor 
families. The traffickers often approach these individuals and offer 
them lucrative jobs, which would allow them to make regular remittances 
back to their families. The methods of approach include promises of 
economic rewards, jobs in cafeterias or beauty parlors, or jobs in 
other countries. The means of promotion include flyers, newspaper 
advertisements, and verbal or personal recommendations.
    NGOs and the press credibly alleged that some Immigration Service 
officers accept bribes in return for allowing traffickers to bring 
children into the country for purposes of sexual exploitation.
    The Government is making efforts to combat trafficking despite 
resource constraints and endemic corruption. The law specifically 
prohibits trafficking and smuggling of persons. The Government 
investigates trafficking cases; however, there have been no 
prosecutions of trafficking cases since victims often fail to press 
charges due to a cumbersome judicial system and fear of reprisal. 
Prison sentences for traffickers are commutable to fines. The 
Government does not assist or protect victims of trafficking, although 
victims are not treated as criminals. However, Casa Alianza reported in 
May that nine trafficked minors found in a brothel were temporarily 
jailed by authorities ``for their own protection.'' The Government has 
conducted antitrafficking and antismuggling public awareness campaigns, 
and it provides limited funding to NGOs dedicated to preventing 
trafficking.
    The Defense of Children's Rights unit in the Human Rights 
Ombudsman's Office and the Minors' Section of the Prosecutor's Office 
investigate cases of trafficking. Officials in the Labor Ministry also 
raise the issue with the police and social welfare agencies as part of 
their efforts to combat child labor and child exploitation. NGOs that 
focus on women and children's rights often help victims of trafficking 
and work to educate the population about the dangers of trafficking.
    The country is a significant transit and source country for alien 
smuggling, both from neighboring Central American countries as well as 
Ecuador, China, Taiwan, and South Asia. Some aliens are trafficked to 
the United States. Traffickers use force, coercion, fraud, and 
deception. In one instance, Chinese male victims apparently agreed to 
debt bondage to pay off their transportation costs, while female 
victims, some of whom were under age 18, apparently were being taken to 
the United States to work as prostitutes. The victims were told that 
their families in China would suffer if they broke the debt bondage 
agreement.
    Sexual exploitation of children is a growing problem, including 
child prostitution and the trafficking of children for purposes of 
prostitution. In June Casa Alianza estimated that there were more than 
15,000 sexually exploited boys and girls in the country, many working 
in the more than 600 bars and night spots in Guatemala City. The report 
also noted an increase in visitors to the country for the purposes of 
child sex tourism. Child prostitution is especially a problem in the 
capital and in the towns of Escuintla, Tecun Uman, and Coban. There 
continues to be a rise in child prostitution in towns along the borders 
with Mexico and El Salvador. Child migrants who fail to cross the 
border into Mexico often remain in the country and resort to 
prostitution to survive. Many children are also brought into the 
country from El Salvador, Nicaragua, and Honduras by organized rings 
that force the children into prostitution (see Section 6.f.). Laws 
protecting children from sexual exploitation are weak. Victim 
protection programs are nonexistent, and children who are taken into 
custody are often treated poorly by authorities and deported. In July 
police jailed nine children, some as young as 14, who were trafficked 
from El Salvador to work in brothels. The police released them after 
Casa Alianza offered to provide the victims with counseling, housing, 
and repatriation.
    In 2001 the Social Secretariat for the Welfare of Children, in 
conjunction with a commission of NGOs and other government ministries, 
presented the National Plan of Action against Sexual Exploitation of 
Children in Guatemala. The plan is an initiative to fight child 
prostitution and pornography, trafficking of children, and sex tourism. 
The Government, however, has not yet committed the financial resources 
to implement it. In April the authorities apprehended a Canadian 
citizen who, while living in a rural indigenous community, took 
pornographic photographs of minors for export to Canada.
    The U.N. Special Rapporteur on the Sale of Children, Child 
Prostitution, and Child Pornography visited the country in 1999, and 
noted a marked increase in child prostitution in the towns along the 
borders with Mexico and El Salvador. Along the border with El Salvador, 
many child prostitutes were brought into the country from El Salvador, 
Nicaragua, and Honduras by organized rings. In its 1999 annual report 
on the state of children, the Archbishop's Human Rights Office 
identified the growing problem of child prostitution as inextricably 
linked to that of trafficking in persons, noting that no child 
prostitute got there alone.
                               __________

                                 GUYANA

    The Co-operative Republic of Guyana has a multiparty political 
system based on proportional representation. Citizens elect an 
executive president and a 65-member unicameral parliament. The 
President appoints a prime minister and a cabinet. In March 2001, 
citizens voted in a generally free and fair national election to 
reelect the People's Progressive Party (PPP) and its Civic (C) partner. 
Incumbent Bharrat Jagdeo received his own mandate for a 5-year term as 
President. Social unrest and occasional violence marred the 
postelection period, with the main opposition party alleging that 
election procedures violated the Constitution. Despite some technical 
problems, international observers considered the elections free and 
fair. The judiciary, although constitutionally independent, was 
inefficient and often appeared subject to government influence.
    The Guyana Defence Force (GDF) and the Guyana Police Force (GPF) 
were under effective civilian control. The GDF was a professional 
military responsible for national defense, internal security, and 
emergency response. The GPF, which included a Target Special Squad 
(TSS) that has some paramilitary training, has the authority to make 
arrests and was responsible for maintaining law and order throughout 
the country. Some members of the police force committed human rights 
abuses.
    The economy, which for years was controlled under a system of 
central planning, was based on a mix of private and state enterprises. 
The country has a population of approximately 735,000. Rice, sugar, 
bauxite, gold, fish, and timber were the major exports. There were 
severe shortages of skilled labor, and the economy was constrained by 
an inadequate and poorly maintained infrastructure for transportation, 
power distribution, flood control, and communications. Government 
estimates placed real economic growth at 1 percent during the year, 
compared with 1.9 percent in 2001. A 1999 U.N. Development Program 
living conditions survey showed that 35 percent of the population lived 
in poverty; 21 percent were extremely poor.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. The police 
continued to commit unlawful killings, and police abuse of suspects 
continued to be a problem. The authorities took some steps to 
investigate abuses, but in general, the police continued to commit 
abuses with impunity. Prison conditions remained poor, and lengthy 
pretrial detention continued to be a problem. The inefficient judicial 
system resulted in long delays in trials. Police infringed on citizens' 
privacy rights. The Government charged a television talk show host and 
a political activist with treason. Violence against women and children, 
societal discrimination against women and indigenous Amerindians, 
incidents of discrimination stemming from the racial tensions between 
Indo-Guyanese and Afro-Guyanese, child labor in the informal sector, 
and trafficking in persons were all problems. Guyana 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 continued 
to commit unlawful killings. The Guyana Human Rights Association (GHRA) 
reported that the police killed 24 civilians during the year, compared 
with 16 in 2001. In most cases, the police shot the victims while 
attempting to arrest them or while a crime was being committed. Public 
investigations rarely were conducted into such killings; in general 
police abuses were committed with impunity.
    In February five prisoners escaped from the Georgetown Camp Street 
Prison, setting off a crime wave that overwhelmed the security forces. 
The GPF had little success apprehending the criminals, who began 
targeting police officers. From February to October, 12 law enforcement 
officers were killed in separate incidents.
    On April 6, members of the TSS killed Shaka Blair during a night 
raid on his house in Buxton. Police alleged that Blair was harboring 
the February prison escapees and fired on police as they approached the 
house. Police claimed that they found a hand grenade in his possession. 
Blair's wife and neighborhood residents disputed the police version of 
events, claiming that Blair was murdered as direct retribution for the 
killing of TSS member police Superintendent Leon Fraser on April 2. On 
April 16, Working People's Alliance executive committee member Eusi 
Kwayana filed private criminal murder charges against GPF Senior 
Superintendent Steve Merai of the TSS for Blair's murder. The Director 
of Public Prosecutions (DPP) dismissed those charges; however, the case 
was appealed to the High Court where it was awaiting a ruling by the 
Chief Justice.
    On May 10, police killed Wesley Hendricks during a raid on his 
house in Georgetown. Police stated that they stormed the residence 
after receiving a tip that one of the February prison escapees was seen 
in Hendrick's house. The raid netted a sizable quantity of weapons and 
ammunition.
    On July 3, members of the Presidential Guard shot and killed Mark 
Crawford and Albetha Fufe after approximately 100 protesters, led by 
local political activist Phillip Bynoe, stormed the Presidential Office 
Compound in Georgetown during a large opposition political protest 
march. The Government charged television talk show host Mark Benschop 
and Bynoe with treason for inciting the crowd to invade the complex 
(see Section 2.b.).
    On July 25, Kwame Pindleton and Leroy Lowe were killed during a 
shootout with police after they attempted to run a police roadblock 
outside Georgetown. Two other men with Pindleton and Lowe managed to 
escape. News reports identified Lowe as a former police officer. The 
GPF stated that Pindleton was wanted in connection with several 
murders.
    On September 21, police shot and killed Dexter Dubissette in 
Georgetown. Police stated that Dubissette was killed during an 
encounter with members of the TSS, but eyewitnesses disputed the police 
statements. They claimed that Dubissette was killed after being 
summoned to approach the vehicle in which TSS officers were riding.
    On October 11, police shot and killed Shawn Welcome while he was in 
custody. Police arrested Welcome for possession of a weapon, a hand 
grenade, and a quantity of cocaine and cannabis. Police stated that 
Welcome was shot after he attempted to wrestle a gun away from an 
officer escorting him to a police station. Police sources stated that 
Welcome, along with three accomplices, was wanted in connection with 
four murders and a series of robberies.
    In February the High Court nullified the November 2001 coroner's 
jury verdict that the police were responsible for the 2000 death of 
Mohammed Shafeek, who died in Brickdam police lockup.
    In most of the killings by police in previous years, including the 
police shootings of Azad Bacchus, Shaazad Bacchus, and Fadil Ally in 
2000, and of Fazal Narine and Colin McGregor in 1999, there were no new 
developments.
    During their weekly press conferences, representatives of the 
opposition party, the People's National Congress/Reform (PNC/R), called 
repeatedly for public inquiry into the operations of the TSS and urged 
the Government to dismiss the Minister of Home Affairs. On April 9, at 
a rally following street violence that broke out after the April 6 
police killing of Shaka Blair, opposition leader Desmond Hoyte called 
for the Government to disband the TSS and claimed that the Blair 
shooting ``must be laid at the feet of the PPP government.'' The 
Government continued to refuse to recognize police killings as a 
problem and did not conduct any special investigations into the 
operations of the TSS.
    In June 2001, the GHRA issued a press statement strongly 
criticizing the increase in extrajudicial killings and calling for a 
National Oversight Committee to implement a national security policy. 
It stated that the GPF was overwhelmed by criminal and politically 
induced lawlessness. According to the GHRA, eight police killings took 
place during the 2 months after the national elections in 2001, and the 
GHRA recommended investigations into the coincidence of periods of high 
levels of political lawlessness and such killings.
    In March 2000, the U.N. Human Rights Committee made 22 
recommendations to the Government, including a call for prompt 
investigation by an impartial body of police killings and excessive use 
of force. It also called for measures to ensure the prosecution of 
offenders and to provide effective remedies to victims. The Committee 
recommended that all law enforcement officials receive thorough 
training in international human rights standards. During the year, the 
GHRA conducted two general human rights training programs for the GPF, 
two programs for the Prison Service, and one session for the GPF and 
the GDF.
    Many justice authorities and human rights activists stated that due 
to rising crime and pressure from urban businesses, which were often 
the targets of criminals, the Government did not actively pursue 
investigations of alleged police abuses.

    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; however, police 
continued to abuse suspects. The GHRA continued to consider 
mistreatment of prisoners by prison officers a problem. Moreover, 
inmates, attorneys, and judicial authorities provided credible evidence 
that police and correctional officers frequently ignored the actions of 
other inmates who beat, robbed, or otherwise mistreated ``problem'' 
prisoners.
    The Police Complaints Authority (PCA) was composed of five members 
who investigated complaints against police officers. The law provides 
for the independence of the PCA; however, most members were from the 
criminal justice system, and the PCA was not truly independent. The PCA 
received 98 complaints through September (compared with 44 in all of 
2001); it completed investigations of 43 cases and sent them to the 
Police Commissioner for action. However, there was no information 
publicly available on the status of the investigations. Even when 
police officers faced charges, most of the cases were heard by lower 
magistrate courts, where other specially trained police officers served 
as the prosecutors (see Section 1.e.). Human rights monitors questioned 
officers' commitment to prosecute their own colleagues.
    The Office of Professional Responsibility (OPR) also investigated 
complaints against police. As of 2000, at least 99 cases resulted in 
some type of disciplinary action being taken against police officers. 
The OPR did not release any information on how many cases it received 
during the year, how many it completed action on, and how many were 
awaiting instructions from the Department of Public Prosecutions.
    Prison and jail conditions were poor, particularly in police 
holding cells. Georgetown's Camp Street Prison, the country's largest, 
was overcrowded. The Prison Authority reported that there were 
approximately 600 inmates in the facility, a decrease from 850 held 
there in 2001. According to prison officials, the facility was intended 
to hold 500 inmates; however, the GHRA stated that the Camp Street 
Prison initially was designed to hold 350 inmates. Conditions in the 
country's four smaller prisons generally were adequate; they held 
between 650 and 700 inmates. The GHRA continued to advocate improved 
health care in the prison system. In addition to overcrowding and a 
lack of medical personnel, poor staff morale was a serious problem. 
Prison staffers were poorly paid, and their salaries and benefits were 
insufficient to compensate for the on-the-job risks; however, they made 
efforts to improve conditions for prisoners. Prison officials lobbied 
the Government for increased funding to improve prison conditions; they 
also encouraged efforts by local and international nongovernmental 
organizations (NGOs) to improve physical and sanitary conditions.
    In July 2001, members of a United Kingdom Prison Reform Team 
recommended that a high-level Commission on Criminal Justice be 
established to address the problems within the prison system. The team 
spent 18 months reviewing the Prison Service and found the major 
problems to be overcrowding, poor conditions for prisoners and staff, 
perceived infringement of basic human rights, minimal rehabilitation, 
and high cost to taxpayers. The most immediate concern of the team was 
overcrowding, which was attributed in large part to the lack of 
alternatives to imprisonment. The team found that more than 80 percent 
of prisoners were serving time for minor offenses with sentences of 
from 1 to 3 months.
    The GHRA reported no deaths in prison during the year attributed to 
overcrowding; 12 prisoners died from disease. In October 2000, the GHRA 
criticized prison authorities for the death of Michael Ramcharran at 
the hands of another inmate, which the GHRA said was the direct result 
of overcrowding at the Camp Street Prison. To reduce overcrowding, the 
GHRA called on the judiciary to consider alternate sentencing for minor 
offenses, rejuvenation of the Parole Board, and the release of ill 
prisoners who have completed almost all of their sentences. However, 
the Government did not adopt any of these recommendations. The Parole 
Board continued to play a more active role, but was reluctant to 
release prisoners due to insufficient postrelease resources, including 
a lack of staff to monitor parolees.
    Although sanitary and medical conditions in police station 
temporary holding facilities varied, in almost all cases these 
conditions were worse than those in the prisons. Some such jails were 
bare, overcrowded, and damp. Few had beds, washbasins, furniture, or 
utensils. Meals normally were not provided; friends and relatives had 
to bring detainees food and water. Cells rarely had sanitary 
facilities, and inmates sometimes were escorted by staff members 
outside the cells to use holes in the floor for toilets. Inmates 
generally slept on a thin pallet on the concrete floor. The Brickdam 
lockup in Georgetown had poor sanitation and dangerous conditions. One 
cell without plumbing or other facilities typically held up to 30 
detainees and often was the site of violence between inmates. Although 
precinct jails were intended to serve only as pretrial holding areas, 
some suspects were detained there as long as 4 years, waiting for the 
overburdened judicial system to act on their cases.
    Pretrial detainees were held separately from convicted prisoners.
    Conditions were generally adequate in the only women's prison, 
which is at New Amsterdam, in a facility that held men and women in 
separate dormitory-type buildings. There were a number of vocational 
and educational courses. In 2001 the GHRA urged that female inmates' 
responsibility for children be recognized in terms of length of 
sentence and facilities for family contact. The East La Penitence 
police jail, where female prisoners were held until sentencing, was 
upgraded in 2000; sanitation improved, and piped water was provided for 
the inmates.
    Following widespread criticism caused by the detention in 1999 of 
two boys (ages 8 and 11) with adult prisoners who mistreated them, 
police were careful to place juvenile offenders in a fairly adequate 
separate facility. The Ruimveldt police station was the only facility 
holding juveniles between ages 14 and 17 years.
    Prison officials were receptive to local and international NGO 
requests to enter and inspect prison facilities. The GHRA participated 
as a member of the prisons' visiting committee, which investigated 
prisoner complaints, inspected diets, reviewed primary medical care 
services, and provided recommendations to prison authorities.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
provides that no person may be deprived of personal liberty except as 
authorized by law and requires judicial determination of the legality 
of detention, a mandate that the authorities generally respected in 
practice.
    Arrest does not require a warrant issued by a court official. 
Police may arrest without a warrant when an officer witnesses a crime 
or at the officer's discretion in instances where there is good cause 
to suspect that a crime or a breach of the peace has been or will be 
committed. The law requires that a person arrested and held for more 
than 24 hours be brought before a court to be charged. Bail was 
generally available, except in capital offense cases. In narcotics 
cases, magistrates had limited discretion in granting bail before trial 
and were required to remand persons convicted of such crimes into 
custody, even if an appeal were pending.
    Lengthy pretrial detention remained a problem; however, the 
Government, according to the GHRA, made an effort to reduce the backlog 
of cases. It raised the salaries of magistrates and demanded that 
judges spend more time hearing cases and handling matters more 
expeditiously. The GHRA estimated average pretrial detention at between 
18 months and 2 years; a decline from 3 or 4 years common in past 
years.
    The Constitution prohibits forced exile, and it was not used.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, but law enforcement officials and prominent 
lawyers questioned that independence and accused the Government of 
intervening in certain cases. In most human rights cases, the 
Government generally respected the independence of the judiciary.
    The court system is composed of a high court (the Supreme Court of 
Judicature), an appeals court, and a system of magistrate courts. 
Magistrates were members of the civil service and were trained lawyers. 
The magistrate courts dealt with both criminal and civil matters, and 
specially trained police officers served as prosecutors in lower 
magistrate courts. The Ministry of Legal Affairs, headed by the 
Attorney General, was the principal legal advisor to the State. The 
Director of Public Prosecution was statutorily independent and could 
file legal charges against offenders. The Constitution provides that 
anyone charged with a criminal offense has the right to a hearing by a 
court of law. This right generally was respected in practice.
    Delays in judicial proceedings were caused by shortages of trained 
court personnel and magistrates, inadequate resources, postponements at 
the request of the defense or prosecution, occasional alleged acts of 
bribery, poor tracking of cases, and the slowness of police in 
preparing cases for trial. There were reports that police who served as 
prosecutors in lower magistrate courts were reluctant to prosecute 
police accused of abuses (see Section 1.c.). The inefficiency of the 
judicial system undermined due process.
    Lengthy pretrial detention remained a problem (see Section 1.d.).
    In June 2001, Members of Parliament voted to amend the 
Constitution, incorporating a number of recommendations from the 
Constitution Reform Commission. Intended to strengthen the judiciary, 
the changes removed from executive control the appointment of judges 
and members of the Judicial Service Commission (JSC), as well as the 
ability to extend the tenure of judges beyond the age of retirement. In 
addition, the bill granted the JSC power to appoint the Director and 
Deputy Director of Public Prosecutions, the Registrar and Deputy 
Registrar of the High Court, and the Registrar and Deputy Registrar of 
Deeds. The amendments also allowed the President, on the advice of the 
JSC, to make temporary appointments of judges to sit in magistrate 
courts and the High Court. The number of appointments was to depend on 
the outcome of an audit of pending cases.
    Due to the absence of the Constitutional Service Commissions 
(Public Service Commission, the Police Service Commission, the Teaching 
Service Commission, and the Judicial Service Commission) there were no 
appointments or promotions to Public Service, the Police Force, the 
Teaching Service, or the judiciary and magistracy for over a year. The 
service commissions were casualties of the political impasse between 
the PPP/C and the PNC/R over the composition in Parliament of the four 
sectoral standing committees and the representation of each party on 
the parliamentary management committee.
    Defendants were granted public trials, and appeals could be made to 
higher courts. Defendants were presumed innocent until found guilty. 
Cases in magistrate's courts were tried without jury; more serious 
cases were tried by jury in the High Court. Appeals of some murder 
cases may go on for several years. Trial postponements were granted 
routinely to both the defense and the prosecution. Programs designed to 
improve legal structures, reform judicial procedures, upgrade technical 
capabilities, and improve efficiency of the courts had only a limited 
effect. Judicial staff still needed further training in all areas. 
Although the law recognizes the right to legal counsel, in practice, 
with the exception of cases involving capital crimes, it was limited to 
those who could afford to pay. There was no public defender system, but 
defendants in murder cases who needed a lawyer were assigned an 
attorney by the court.
    The Georgetown Legal Aid Clinic, with public and private support, 
provided advice to persons who could not afford a lawyer, with a 
special interest in cases of violence against women and criminal cases 
related to civil cases (for example, assault as part of a divorce 
case). The Guyana Association of Women Lawyers provided free legal 
services for civil cases only.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the right of privacy; 
however, the authorities often infringed on citizens' privacy. Law 
enforcement officials must obtain warrants before searching private 
homes or properties. Although the authorities generally respected these 
requirements, there were numerous reports of police officers searching 
homes without warrants, particularly in neighborhoods where narcotics 
trafficking was a problem.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice. Citizens openly criticized the 
Government and its policies.
    The independent Stabroek News published daily, and a wide range of 
religious groups, political parties, and journalists published a 
variety of privately owned weekly newspapers. The Government's daily 
newspaper, the Guyana Chronicle, covered a broad spectrum of political 
and nongovernmental groups. However, throughout the year, the Chronicle 
typically displayed a clear antiopposition bias.
    On July 11, police arrested Mark Benschop, talk show host of the 
television program ``Straight Up,'' and charged him and political 
activist Phillip Bynoe, who remained at large, with sedition and 
inciting persons ``by words and conduct'' during the July 3 storming of 
the Presidential Office Complex. The Government alleged that Benschop 
and Bynoe delivered speeches at several public meetings between June 1 
and July 3 urging their audiences to overthrow the Government (see 
Section 2.b.). In August the Government began a preliminary inquiry 
into charges of treason against Benshop; the case was still pending at 
year's end.
    On May 24, President Jagdeo signed the Inter-American Press 
Association's 1994 Declaration of Chapultepec and stated that the local 
media corps had nothing to fear from the Government.
    In contrast to the Government's tolerance of the print media, a 
growing number of journalists charged the Government with failure to 
respect freedom of the electronic media. The Government owned and 
operated the country's sole radio station, which broadcast on three 
frequencies. There were no private radio stations, and private 
interests continued to allege that the Government either denied or 
failed to respond to more than 20 requests for radio frequency 
authorizations. The Government maintained that it was unable to grant 
frequencies to private stations because there was no legislation 
governing their allocation. However, despite a similar lack of 
legislation to govern television frequencies, there were 12 independent 
television stations in addition to the Government station.
    On May 9, VCT Channel 28 aired a taped statement by the late prison 
escapee Andrew Douglas proclaiming his innocence and protesting lengthy 
trial delays. In the absence of a broadcast authority, the Government 
asked the Advisory Committee on Broadcasting to sanction the television 
station for breach of broadcast standards relating to content. The 
three-member committee refused to rule on the issue, stating that it 
was not in its mandate to do so.
    In May 2001, Prime Minister Samuel Hinds announced that the 
Government no longer would tolerate unregulated broadcasting, and that 
all television stations would be required to adhere to existing 
legislation and obtain an official license. The existing laws--the Post 
and Telegraph Act and Wireless Telegraphy Regulations--were to remain 
in effect until a Commission on Broadcasting developed new broadcasting 
legislation. Conditions for obtaining a license included assurances 
that stations would not broadcast any program likely to offend the 
public, incite racial hatred or crime, or lead to public disorder. The 
opposition strongly criticized the announcement, stating that 
enforcement of the deficient existing legislation was an attempt to 
censure broadcasting that is critical of the Government. Despite the 
controversy, 22 stations applied for broadcasting licenses, and the 
Government granted 15 licenses in December 2001.
    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 freedom of assembly, and the Government generally 
respected this right in practice; however, the police occasionally used 
force against demonstrators.
    The Public Order Act requires police permits for mass political 
meetings. The Police Commissioner has the authority to refuse 
permission for a public meeting if he believes that it may provoke a 
breach of the peace. In cases of refusal, applicants may appeal to the 
Minister of Home Affairs, whose decision on the matter is final. After 
obtaining authorization, which generally was granted, political parties 
and other groups held public meetings and rallies throughout the 
country without hindrance.
    On July 3, members of the Presidential Guard shot and killed Mark 
Crawford and Albetha Fufe after approximately 100 protesters, led by 
political activist Phillip Bynoe, stormed the Presidential Office 
Compound in Georgetown during a large opposition political protest 
march (see Section 1.a.). Organizers staged the march to coincide with 
the Caribbean Community (CARICOM) Heads of government Meeting hosted by 
the Government. The Government charged television talk show host Mark 
Benschop and Bynoe with treason for inciting the crowd to invade the 
complex.
    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.
    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, and the Government generally respected 
this right in practice. Travel to Amerindian areas requires government 
permission, the result of a law dating from colonial times designed to 
protect indigenous people from exploitation. However, in practice most 
persons traveled throughout these areas without regard to the formality 
of a permit. Citizens were free to travel abroad, to emigrate, and to 
return.
    The Government cooperated with the office of the U.N. High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in assisting refugees. The Government did not have a formal policy on 
refugees or asylum and did not enact model legislation prepared by the 
UNHCR. The issue of provision of first asylum did not arise.
    There were no reports of the forced return of persons to a country 
where they feared persecution.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens enjoyed this right and exercised it in free and fair 
elections held in March 2001. There was a multiparty political system 
based on proportional representation. Voters indirectly elect the 
President to a 5-year term of office. Any citizen 18 years or older may 
register to vote.
    The party that wins the most votes for parliament wins the 
presidency. A party's presidential candidate must be announced in 
advance of the election. The President appoints a cabinet and a prime 
minister who, with the President, exercise executive power. Citizens 
were free to join or support political parties of their choice. Since 
the party in power controls Parliament, the legislature typically 
provided only a limited check on the executive's power. In November 
2000, the National Assembly amended the Representation of the People 
Act and the Constitution to permit the election of 25 of the 65 
deputies from regional constituencies. Voters elected the other 40 from 
a national slate of nominees chosen by the parties from different 
sectors of society.
    In 1999 Finance Minister Bharrat Jagdeo succeeded to the presidency 
following the resignation of Janet Jagan for health reasons. In 
December 2000, Parliament passed a Constitutional Amendment Act that 
imposed a 7-year residence requirement on candidates for the presidency 
and set a limit of two terms. In addition, the act removed a clause 
that made the President immune from prosecution, and it limited to four 
the number of ministers who need not be elected Members of Parliament.
    In March 2001, citizens voted in a generally free and fair election 
to sustain the PPP/C in office, defeating the PNC. Incumbent Bharrat 
Jagdeo received his own mandate for a 5-year term as President. 
However, the opposition called for the courts to declare the election 
unconstitutional and illegal, which delayed Jagdeo's swearing in until 
later that month.
    In response to allegations of an unconstitutional electoral 
process, the Guyana Elections Commission (GECOM) ordered a review and 
audit of the March 2001 election, conducted by an eight-member team 
headed by a representative of the Institute for Democracy and Electoral 
Assistance (IDEA). The team investigated voter registration, the 
production of identification cards, staffing of polling stations, 
operational and contingency planning, the counting of votes, and the 
declaration of election results. As part of the review, the team 
conducted detailed consultations with political parties, 
representatives of civil society, and members of GECOM in June 2001. 
The results, published in mid-August 2001, stated that IDEA was unable 
to find any evidence of deliberate manipulation or electoral fraud 
despite several procedural errors and system failures that the audit 
examined in some detail. The report found no evidence of a conspiracy 
or corruption to manipulate election systems or the election results, 
as the opposition alleged.
    Guyana is a racially divided society in which the political party 
structure reflected the polarization of the main ethnic groups. The two 
major parties (the PPP and the PNC) were formed largely by Indo-
Guyanese and Afro-Guyanese, respectively.
    There were no legal impediments to the participation of women or 
minorities in the political process. The December 2000 constitutional 
amendments required that one-third of the parliamentary candidates be 
female. The 65-member Parliament included 20 women and 4 Amerindians, 
representing both major parties. The 20-person Cabinet included 4 women 
and 1 Amerindian, and the Chancellor of the Judiciary was a woman.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The authorities did not interfere with the activities of human 
rights groups. The GHRA, the most active local human rights group, 
functioned without government interference. Trade unions, professional 
organizations, various ethnic groups, and churches participated in the 
GHRA. It issued periodic press releases and published an annual report 
on human rights. Members of the Government openly discussed human 
rights issues and made public statements in response to foreign and 
local human rights reports.
    In June 2001, Parliament approved an act that provided for the 
establishment of a Human Rights Commission (HRC). The HRC was charged 
with promoting the observance and respect for rights outlined in the 
Constitution, and protecting and investigating violations of these 
rights and any other law relating to equality of opportunity and 
treatment. The HRC comprised a Chairperson and the four chairpersons of 
the Women's, Children's, Indigenous, and Ethnic Relations Commissions 
in the Parliament; however, these commissions did not have a staff or a 
budget for operations.
    In 2001 the GHRA issued a press release in response to the 
announcement of the newly established HRC, calling the Commissions Act 
a ``lost opportunity,'' and criticizing the haste with which the act 
was developed and implemented. It further complained about the lack of 
members specifically charged with observing, protecting and 
investigating fundamental human rights and freedoms, and the lack of 
authority given the commission.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution provides fundamental rights for all persons 
regardless of race, sex, religion, or national origin; however, the 
Government did not always enforce these provisions effectively.

    Women.--Violence against women, including domestic violence, was 
widespread, and NGOs reported that domestic violence crossed racial and 
socioeconomic lines. Despite efforts by NGOs and the DPP to sensitize 
police officers to domestic violence, the police often were hesitant to 
interfere in cases of domestic disputes. According to Help and Shelter 
(H&S), the first local NGO dedicated to fighting domestic violence, it 
handled 375 cases of abuse, including child, spousal, nonspousal, and 
other domestic abuse between January and September.
    The Domestic Violence Act defines domestic violence, establishes it 
as a crime, and gives women the right to seek prompt protection. 
Magistrates may issue interim protection orders when a victim of abuse, 
a police officer, or a social worker fills out an application for 
protection. A magistrate then evaluates the case and decides whether to 
replace interim orders with permanent orders. The act allows victims to 
seek protection, occupation, or tenancy orders. Protection orders 
prohibited abusers from being anywhere that the applicant lives, works, 
visits, or attends school. If protective orders were violated, the 
abuser could be fined up to $54 (G$10,000) and imprisoned for up to 12 
months; however, this legislation frequently was not enforced. 
Occupation orders allowed the victim and any children to remain in a 
home previously shared with an abuser, while the abuser must leave. 
Similarly, tenancy orders required an abuser to leave a rented dwelling 
and to continue to pay some or all of the rent. The GHRA criticized the 
structure of the Domestic Violence Act, stating that the law could not 
be implemented until appointments have been made to the Women's Affairs 
Bureau. In addition, the GHRA reported that the forms needed to request 
court orders were printed infrequently and were rarely available to the 
public.
    In March 2000, the U.N. Human Rights Committee criticized the lack 
of information about the effect of the Domestic Violence Act in 
reducing the level of violence against women. The committee called for 
training police and other law enforcement personnel in the importance 
of ensuring that women who were victims of violence were accorded equal 
protection and that preventive and punitive measures were enforced. In 
2001 the Government held 2-week training seminars for police officers 
to sensitize them to the issues and advise them about procedures. The 
authorities required officers who received training to conduct outreach 
to other officers.
    In its efforts to combat domestic violence, H&S focused on societal 
reeducation in order to sensitize the public to domestic violence. By 
February 2001, H&S had counseled 3,872 persons since it began offering 
counseling services in November 1995. H&S reported that 79.2 percent of 
its cases from January to October involved spousal abuse.
    Rape, particularly of girls and young women, was a serious problem 
but infrequently reported or prosecuted. Health professionals and NGOs 
also reported a high incidence of incest. Lawyers said that while more 
victims reported these crimes to the authorities, there still was a 
social stigma applied to the victim for doing so. An estimated 3 
percent of cases reported to H&S were rape cases; the vast majority of 
these--70 percent--were reported by victims age 17 and under.
    Prostitution is illegal, but it did occur, and it received 
increased public attention due to the high incidence of HIV/AIDS among 
prostitutes.
    There was no legal protection against sexual harassment in the 
workplace. The law prohibits dismissal on the grounds of pregnancy, and 
dismissal on such grounds did not occur in practice. The Women's 
Affairs Bureau of the Ministry of Labor monitored the legal rights of 
women, but its role was limited to employment-related services. The 
Women's Leadership Institute, a collaborative effort between the 
Government and the U.N. Development Program, sought through education 
and training to facilitate greater participation by women in government 
and the private sector. The center planned to train an average of 350 
women annually on issues such as women's rights, status of women, 
violence against women, and leadership development. In September 2001, 
100 women began the first phase of the program, which involved 15 hours 
per week of training for 4 months.
    The 1997 Antidiscrimination Act built upon the provisions of the 
1990 Equal Rights Act. The two laws provide a strengthened framework 
under which women and minorities may seek redress for discriminatory 
acts or practices. However, no case ever has been tried under the Equal 
Rights Act, and critics of the Antidiscrimination Act claimed that it 
was unlikely to be effective since it places enforcement 
responsibilities on the overburdened Chief Labor Officer.
    The law protects women's property rights in common-law marriages 
and entitles a woman who separates or divorces to one-half the couple's 
property if she had been working and one-third of the property if she 
had been a housewife. Divorce by consent remained illegal. The courts 
may overturn a husband's will in the event that it does not provide for 
his wife, as long as she was dependent on him for financial support.

    Children.--Children were affected more severely by the country's 
poverty than any other group. One-third of the population was under 18 
years of age and, although the Government provided free education 
through secondary school (it is compulsory until age 14), the severe 
deterioration of the public education and health care systems limited 
children's future prospects. The public health system was inadequate, 
and private health care was unaffordable for many children. Children 
often did not attend school because their families needed them to 
contribute to the household by working or providing childcare for 
siblings or younger relatives (see Section 6.d.).
    Concern continued to rise over the effects of domestic violence on 
children. It was unclear how many deaths from child abuse took place, 
since law enforcement officials believed that the vast majority of 
criminal child abuse cases were unreported. H&S reported that it 
received 31 cases of child abuse between January and September, the 
equivalent of 8 percent of its cases for that time period. In June 
2001, the Welfare Section of the Georgetown Education Department stated 
that reports of physical and sexual abuse of children were on the rise, 
with an average of two to three cases per month in the capital city 
alone. There were no law enforcement investigative procedures in place 
to determine if abuse or parental incapacity were the true causes of 
death in some cases of the 400 children under the age of 5 who died 
each year, deaths that usually were attributed to malnutrition or 
disease.
    Media reports of rape and incest further indicated that violence 
against children was a significant problem. The Domestic Violence Act 
allows police officers or social workers to file an application on 
behalf of an abused child, but there was a lack of social services or 
trained experts to assist children fleeing sexual, physical, or 
emotional abuse. Many children suffered from neglect or abandonment, 
particularly when from 1 to 2 percent of the adult population emigrate 
each year, often leaving children behind.
    There were reports of child prostitution (see Section 6.f.).
    UNICEF criticized the practice in which girls traded sexual favors 
for money, gifts, or help in employment or higher education, a practice 
sometimes condoned by their parents yet obscured by cultural norms.
    Media reports indicated that violence against children in public 
schools continued to occur, but Education Ministry data on the number 
of corporal punishment cases were unavailable. In June 2001, one 
student suffered a broken collarbone and another a broken elbow as a 
result of flogging by their teachers. Both teachers involved in the 
incidents returned to work pending investigations. The Ministry of 
Education responded to these incidents with a 30-point program intended 
to phase out corporal punishment in schools.

    Persons with Disabilities.--There was no law mandating provision of 
access for persons with disabilities, and the lack of appropriate 
infrastructure to provide access to both public and private facilities 
made it very difficult to employ persons with disabilities outside 
their homes. In 1997 Parliament passed a law establishing a council for 
persons with disabilities, which functioned throughout the year. There 
were several special schools and training centers for persons with 
disabilities, but the facilities lack trained staff and were in 
disrepair.

    Indigenous Persons.--The Amerindian population, which consists of 
nine tribal groups, constituted an estimated 8 percent of the 
population. Most lived in reservations and villages in remote parts of 
the interior. Their standard of living was much lower than that of most 
citizens and their ability to participate in decisions affecting their 
lands, cultures, traditions, and the allocation of natural resources 
was limited. Access to education and health care in Amerindian 
communities was limited severely.
    Amerindian life is regulated by the Amerindian Act, legislation 
dating from colonial times designed to protect indigenous people from 
exploitation. Under the act, the Government may determine who is an 
Amerindian and what is an Amerindian community, appoint Amerindian 
leaders, and annul decisions made by Amerindian councils. It also 
prohibits the sale of alcohol to Amerindians and requires government 
permission before any Amerindian may accept formal employment; however, 
these provisions were not enforced. Both Amerindian individuals and 
groups remained free to criticize the Government. In 1998 the Ministry 
of Amerindian Affairs admitted that the Amerindian Act was antiquated 
and expressed a commitment to update it, although it took no action to 
do so.
    The Government has long maintained that it was committed to 
demarcating lands that traditionally have been the home of Amerindians, 
but the Government held title to almost all the country's land and was 
free to act as it wished without consultation. According to the 
Amerindian Peoples Association, the Government demarcated over 30 
Amerindian communities since 1998; however, most communities rejected 
the demarcations because they did not conform to community-defined 
boundaries, often reducing land size or transferring land to other 
communities. In October six Amerindian villages filed a formal land 
claim seeking legal recognition of land titles, but the Government 
failed to respond to the petition.
    Amerindian NGOs regarded government consultations as mere public 
relations exercises and demarcation as a means of confining Amerindian 
communities so that the remaining areas that Amerindians considered to 
be their land could be offered as concessions to miners and loggers. 
(Most of the titles to demarcated land were granted decades ago under 
the Amerindian Act and did not allow for the growth of Amerindian 
communities.) The Amerindian NGOs claimed that Amerindian leaders were 
not consulted properly and were pressured into uninformed decisions. 
The Government maintained that it would consider granting additional 
land rights to those communities that agreed to have their lands 
demarcated in 1999, but it did not take action to do so.
    In March 2000, the U.N. Human Rights Committee expressed regret 
that the Government had not yet amended the Amerindian Act and 
expressed concern that Amerindians did not enjoy fully the right to 
equality before the law. The Committee particularly was concerned that 
the right of Amerindians to enjoy their own culture was threatened by 
logging, mining, and delays in the demarcation of their traditional 
lands, and that in some cases insufficient land was demarcated to 
enable them to pursue their traditional economic activities.

    National/Racial/Ethnic Minorities.--Longstanding ethnic tensions, 
primarily between citizens of African descent and those of South Asian 
origin, continued to influence society and political life. Racial 
grouping of social and political organizations polarized society along 
ethnic lines, and discrimination and exclusion continued to occur. 
Members of both the largely Indo-Guyanese PPP and the largely Afro-
Guyanese PNC engaged in rhetorical and propaganda attacks that fueled 
racial tensions.
    The civil service and defense and police forces overwhelmingly were 
staffed by Afro-Guyanese. Recruitment efforts targeted at Indo-Guyanese 
candidates for the uniformed services generally met with an 
unenthusiastic response, with most qualified Indo-Guyanese candidates 
opting for a business or professional career over military, police, or 
public service. In the aftermath of the 1997 and 2001 national 
elections, the Government continued efforts to recruit Indo-Guyanese 
for the security forces. The Government also sponsored various forums 
for discussion of racial problems and to promote inclusion, and it 
supported the work of NGOs that dealt with these concerns.

Section 6. Worker Rights

    a. The Right of Association.--The Constitution provides for the 
right of association and specifically enumerates workers' rights to 
form or belong to trade unions. The Trade Unions Recognition Law, which 
requires employers to recognize the union chosen by a majority of the 
workers, came into effect in 1999, but implementation has been slow. 
The Trade Unions Recognition Board, created by this act, did not grant 
recognition to any new unions; it issued recommendations to recertify 
existing unions that previously had represented workers, but the 
process was delayed.
    Approximately 32 percent of the work force was unionized. Most 
union members worked in the public sector and in state-owned 
enterprises. There was no law prohibiting antiunion discrimination by 
employers.
    Organized labor freely associated in the major national federation, 
the Guyana Trades Union Congress (GTUC), which was composed of 22 
unions. There was a tradition of close ties between the trade union 
movement and political parties. Historically, the two major political 
parties have wielded significant influence over the leadership of 
several unions, and trade union officials often served in dual roles as 
party officials. This arrangement occasionally led to overt 
politicization of labor issues. Efforts to negotiate a new contract 
between the Government and the Guyana Public Service Union (GPSU) were 
deadlocked amid allegations of bad faith that had distinct political 
and racial overtones. The GPSU was largely Afro-Guyanese and the 
governing PPP was largely Indo-Guyanese.
    Unions and their federations freely maintained relations with 
recognized international trade union and professional groups. All three 
of the major international trade union federations had affiliates in 
the country.

    b. The Right to Organize and Bargain Collectively.--Public and 
private sector employees possessed and utilized the right to organize 
and to bargain collectively. The Ministry of Labor certifies all 
collective bargaining agreements and has never refused to do so. 
Individual unions directly negotiated collective bargaining status, 
pursuant to the 1993 repeal of a regulation that required that all 
collective bargaining be negotiated through the GTUC. Unions were 
dissatisfied with a provision that granted the Ministry of Finance veto 
power over wage contracts negotiated by other ministries. The Chief 
Labor Officer and the staff of the Ministry of Labor provided 
consultation, enforcement, and conciliation services.
    The law provides workers with the right to strike. Strikes may be 
declared illegal if the union leadership did not approve them, or they 
did not meet the requirements specified in collective bargaining 
agreements. Public employees providing essential services may strike if 
they provide the proper notice to the Ministry of Labor and leave a 
skeleton staff in place, but they were required to engage in compulsory 
arbitration to bring an end to a strike. The International Labor 
Organization (ILO) urged the Government to amend this legislation to 
limit the use of compulsory arbitration to only those strikes in 
services the interruption of which would endanger life, personal 
safety, or health. There was no law prohibiting retaliation against 
strikers or antiunion discrimination by employers; however, this 
principle always was included in the terms of resumption after a 
strike. The Trade Unions Recognition Law defines and places limits on 
the retaliatory actions employers may take against strikers. 
Arbitration rulings, when agreed to by the contending parties, were 
legally enforceable.
    During negotiations in October for a new contract with the 
Government, the GPSU demanded a 64 percent increase in the monthly 
minimum wage. It argued that a substantial increase would end 
underperformance and an exodus of trained and skilled public servants. 
The negotiations deadlocked, and in November the Government announced 
it would grant a 5 percent increase to most public service workers, 
retroactive to January. The GPSU rejected the increase, stating that it 
was intended to create the false impression that the Government was 
responding to public calls for economic assistance. The GPSU continued 
to insist that the matter be resolved through arbitration, to which 
both sides had previously agreed. The Government stated that it had 
consistently increased wages for public servants since taking office in 
1992.
    In 1999 following a civil service strike, an arbitration panel 
awarded government workers an across-the-board 31 percent pay increase 
for 1999, an additional 26 percent increase in 2000, and step 
increases. While the Government paid the annual increases, it did not 
agree to implement step increases; pay increases must be negotiated 
annually.
    There were no export processing zones.

    c. Prohibition of Forced or Bonded Labor.--The Constitution 
prohibits forced or bonded labor, and there was no indication that it 
occurred. The Government prohibited forced or bonded labor by children 
and generally enforced this prohibition effectively.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Factories Act and the Employment of Young Persons and 
Children Act set out minimum age requirements for employment of 
children. According to UNICEF, however, child labor in the informal 
sector was a problem, and it was common to see very young children 
engaged in street trading in the capital. Legally, no person under age 
14 may be employed in any industrial undertaking and no person under 
age 16 may be employed at night, except under regulated circumstances. 
The law permits children under age 14 to be employed only in 
enterprises in which members of the same family were employed.
    While the Ministry of Labor recognized that child labor existed in 
the informal sector, it did not employ sufficient inspectors to enforce 
existing laws effectively. The practice of teenage prostitution was a 
problem (see Section 6.f.).

    e. Acceptable Conditions of Work.--The Labor Act and the Wages 
Councils Act allow the Labor Minister to set minimum wages for various 
categories of private employers, but there was no legislated private 
sector minimum wage. As a result of the civil service arbitration 
ruling in 1999 (see Section 6.b.), the minimum public sector wage 
increased to $104 (G$19,000) per month. Although enforcement mechanisms 
existed, it was difficult to put them into practice, and unorganized 
workers, particularly women and children in the informal private 
sector, often were paid less than what was required legally. The legal 
minimum wage for the public sector was insufficient to provide a decent 
standard of living for a worker and family.
    The Shops Act and the Factories Act set hours of employment, which 
vary by industry and sector. In general work in excess of an 8-hour day 
or a 44-hour week required payment of an overtime rate. However, if the 
initial contract stipulated a 48-hour workweek, then the overtime rate 
applied only for hours worked in excess of 48 hours. The law does not 
require at least a 24-hour rest period each week.
    The Factories Act also establishes workplace safety and health 
standards. The Ministry of Labor implemented programs in the workplace 
to promote HIV/AIDS awareness and provide information on related health 
issues in order to combat discrimination. The Occupational Health and 
Safety Division of the Ministry of Labor was charged with conducting 
factory inspections and investigating complaints of substandard 
workplace conditions. The ILO's Committee of Experts criticized the 
Occupational Health and Safety Act for failing to protect workers 
adequately who use chemical substances that were proven to be 
carcinogenic. As with its other responsibilities, inadequate resources 
prevented the Ministry from effectively carrying out this function. 
Workers could not remove themselves from dangerous work situations 
without jeopardizing continued employment.

    f. Trafficking in Persons.--There were no laws that specifically 
prohibit trafficking in persons, and there was some evidence that women 
were brought into the country from Brazil to work in clubs and bars, 
and that women from Colombia and the Dominican Republic were trafficked 
through Guyana to Suriname, where they were reportedly trained to 
become sex workers in Europe.
    There were reports of child prostitution, by teenagers in cities 
and in remote gold mining areas in Amerindian communities.
    There were also occasional reports of trafficking in persons of 
Chinese and South Asian origin, who would immigrate illegally to the 
United States under conditions amounting to debt bondage. Persons 
providing fraudulent documents for the purpose of facilitating illegal 
immigration can be charged with obtaining money under false pretenses, 
which carries a small fine and a 6-month prison sentence. Some fraud 
cases were prosecuted during the year.
                               __________

                                 HAITI

    Haiti is a republic with an elected president and a bicameral 
legislature. The 1987 Constitution remains in force, but many of its 
provisions were not respected in practice. The political impasse and 
political violence stemming from controversial results of May 2000 
legislative and local elections continued during the year. In May 2000, 
the Provisional Electoral Council (CEP) manipulated the results of the 
election to ensure that Fanmi Lavalas (FL) maintained control of the 
Senate. The opposition parties boycotted July 2000 runoff elections and 
the November 2000 presidential elections, in which Jean-Bertrand 
Aristide was elected with extremely low voter turnout. Efforts by the 
Organization of American States (OAS) to resolve the dispute were not 
successful. The 1987 Constitution provides for an independent 
judiciary; however, it is not independent in practice and remained 
largely weak and corrupt, as well as subject to interference by the 
executive and legislative branches.
    The Government established the Haitian National Police (HNP) in 
1995 as the sole security force in the country after disbanding the 
Armed Forces of Haiti (FAd'H). Despite a cadre of competent and 
committed officers trained by U.S., French, and Canadian authorities, 
HNP officials at all levels were implicated in corruption, 
incompetence, and narcotics trafficking. The HNP failed to pursue 
criminals, promoting a growing condition of judicial impunity. The HNP 
is officially an autonomous civilian institution; however, political 
leaders increasingly exercised control over elements of the police and 
influenced it for personal or political gain. President Aristide filled 
many key HNP positions with political allies lacking experience, 
training, and credibility. Some parliamentarians, mayors, and members 
of local government councils (CASECs) exercised arrest authority 
without legal sanction. The HNP has a variety of specialized units, 
including a crisis response unit (SWAT); a crowd control unit (CIMO) 
serving Port-au-Prince and the Western department; crowd control units 
(UDMOs) serving each of the remaining eight departments; and a small 
Coast Guard unit. The Special Brigades (BS) reportedly carry out 
politically motivated executions and is comprised of pro-FL 
paramilitaries. The large and well-funded Presidential Security Unit 
was officially part of the HNP, but had a stand-alone budget and was 
administratively and functionally independent. Civilian deaths and 
serious injuries resulted from the inability of HNP, CIMO and SWAT 
units to maintain order. Some members of the HNP committed human rights 
abuses during the year.
    The country has a market-based economy and state-controlled 
utilities, and its economic situation worsened significantly during the 
year. A small elite controlled much of the country's wealth, but two-
thirds of the estimated 8 million citizens worked in subsistence 
agriculture and were extremely poor. The informal sector accounted for 
approximately 70 percent of all economic activity, making taxation 
problematic. Remittances, estimated at $800 million in 2001, were a 
growing revenue source. Textiles accounted for approximately 85 percent 
of exports, but assembled goods, leather goods, and handicrafts also 
provided limited export revenue. The country imported 60 percent of its 
food, but produced mangoes, cocoa, essential oils, and coffee for 
export. The Haitian Institute for Statistics calculated a negative 
growth rate of 0.9 percent for this fiscal year. Inflation was 
approximately 14.8 percent.
    The Government's human rights record remained poor, with political 
and civil officials implicated in serious abuses. There were credible 
reports of extrajudicial killings by members of the HNP. Police 
officers used excessive--and sometimes deadly--force in making arrests 
or controlling demonstrations and were rarely punished for such acts. 
Attacks on journalists and political dissenters by Fanmi Lavalas 
supporters continued. Prison conditions improved slightly, but were 
still poor and prisoners with valid release orders continued to be held 
in defiance of these orders. Legal impunity remained a major problem, 
and police and judicial officials often failed to respect legal 
provisions or pursue and prosecute suspected violators. The media was 
largely free and often critical of the Government, but most journalists 
practiced some form of self-censorship. From July through December, 
several radio stations closed down temporarily due to intimidation and 
threats. Abuse of children and violence and societal discrimination 
against women remained problems. Internal trafficking of children and 
child labor, especially in domestic servitude, remained a problem. 
Haiti 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.
    In January the OAS noted a worsening political, economic and social 
situation in the country in Resolution 806, calling for improvements in 
human rights and urging the Government to work toward ending all forms 
of political violence. The Inter-American Commission on Human Rights 
(IACHR) visited in May and August to examine the status of human rights 
and the events of December 17, 2001 when an unknown number of 
unidentified gunmen attacked the National Palace in Port-au-Prince; 8 
persons reportedly died and 15 persons were injured. Following the 
attack, progovernment groups attacked opposition members' offices and 
homes; one opposition member was killed. In June the OAS also began a 
Special Mission to Haiti to strengthen democratic institutions, with a 
focus on justice and human rights. In September OAS Resolution 822 
called for a thorough inquiry into all politically motivated crimes, 
including the violence of December 17, 2001, and cited the need to 
strengthen independent police and judicial institutions to combat 
impunity.
                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary and Other Unlawful Deprivation of Life.--There were 
credible reports of extrajudicial killings by members of the HNP and 
municipal government officials.
    On January 6, Deputy Jocelyn Saint Louis of Saint Raphael shot and 
killed commune mayor Sernand Severe following an elections-related feud 
and the death of the deputy's nephew during a violent confrontation 
between the mayor and his supporters and the deputy's family and 
bodyguards. On February 5, the legislature lifted Saint Louis' immunity 
and he was still in pretrial detention at year's end.
    On May 25, the HNP killed three youths from Cite Soleil, a Port-au-
Prince slum. The authorities had not undertaken an investigation into 
the killing by year's end.
    On July 5, the security guard for a government official in the town 
of Hinche beat a farmer to death for trespassing on land belonging to 
the official. There were no arrests or judicial action in this matter 
by year's end.
    On July 29, under the orders of the mayor of Nan Chale, near Port 
de Paix, persons armed with stones, sticks and machetes beat a group of 
farmers involved in a land dispute. The armed individuals returned 
later that day in an HNP vehicle, and attacked and burned homes, and 
beat the residents. One resident died.
    On November 28, Belladere Justice of the Peace Christophe Lozama, a 
reputed drug-dealer with close ties to FL, was shot during a clash with 
opposition demonstrators in Kenp, outside of Las Cahobas. On December 
10, armed men broke into Las Cahobas jail, shooting and killing four 
persons and freeing four detainees--two of whom were opposition members 
arrested for Lozama's murder. Human rights workers investigating the 
incident reported that the police lacked the will to conduct a fair 
investigation into the case and noted that authorities targeted anti-FL 
demonstrators for questioning and arrest.
    On December 8, armed men dressed in black identified as HNP took 
three brothers, Angelot and Andy Philippe, and Vladimir Sanon, from 
their home in Carrefour in Port-au-Prince. Later that day their bodies 
were found with gunshot wounds and taken to the city morgue. The boys 
had previously protested the December 1 police robbery and shooting of 
their friend, Marcellus Bongue. Authorities have not arrested and no 
examining judge has questioned any of the three policemen whom 
eyewitnesses identified as the last persons seen with the brothers.
    In September an investigating judge indicted 10 people in 
connection with the December 2001 killing of journalist Brignol Lindor; 
however, he did not indict Petit Goave deputy mayor Duby Bony, who 
allegedly incited the murder when he said Lindor should be met with 
zero tolerance. By year's end, police had arrested only three of those 
indicted (see Section 2.a.).
    The April 2000 killing of popular Radio Haiti-Inter host and 
journalist Jean Leopold Dominique, known for his criticism of the 
Government and of former coup leaders, remained unsolved. In April 
investigating judge Claudy Gassant resigned from the case and fled the 
country, claiming fear for his life. By mid-September Bernard St. Vil, 
the third judge assigned to the murder investigation, had questioned 12 
persons, including Senator Dany Toussaint, considered a major suspect 
in the case; however, the Senate did not lift his parliamentary 
immunity.
    There was no progress in several other high-profile killings, 
including those of Amos Jeannot (killed in 2000), Senator Yvon 
Toussaint and Jean Lamy (killed in 1999), and Chenel Gracien and Jean 
Pierre Louis (both killed in 1998). On April 12, investigating Judge 
Jocelyne Pierre interviewed Jackson Joanis, former head of the police 
antigang unit, regarding the 1994 murder of Jean Marie Vincent. 
Officially charged with murder, Joanis remained in pretrial detention 
in Petionville police station. Little action was taken on the ongoing 
investigation into the 1993 massacre of Cite Soleil residents by 
members of the FAd'H and an allied paramilitary group, the 
Revolutionary Front for the Advancement and Progress of Haiti (FRAPH).
    Vigilante killings are a long established practice in the country; 
however, their incidence increased following President Aristide's 
``zero tolerance'' exhortation to police and citizens to bypass the 
judicial system if they caught criminals in the act. During the year, 
human rights organizations, journalists, and opposition groups 
criticized the Government's support for this practice.
    On May 31, residents of Cazeau lynched a thief. On July 5, an angry 
crowd pursued an Hinche city official's security agent who had beaten a 
peasant to death. They found him taking refuge at the local bishop's 
residence, stoned him to death, and ransacked the building. The HNP, 
saying it was powerless, did not respond to the bishop's calls. On July 
15, a group of stevedore union members seized a low-level manager at 
the Port Authority and burned him alive during a clash with members of 
another union after the deaths of the stevedore union president and his 
colleague. The stevedores alleged that the manager had been involved in 
the union leader's death.
    On March 27, months after issuance of an arrest warrant, police 
arrested Ronald Camille ``Cadavre'' for the September 2001 killing of 
activist Fritzner Jean. In December, due to serious illness, 
authorities transferred Camille from the national penitentiary to Saint 
Francois de Sales, a private hospital, where he remained at year's end.

    b. Disappearance.--There were credible reports of politically 
motivated disappearances.
    On September 17, members of the HNP reportedly detained Felix Bien 
Aime, a gangster with government ties implicated in the events of 
December 2001 and in the 1999 Fort Mercredi massacre and two of his 
colleagues, Paul Mauzac Jean and Djal Normil. Despite demonstrations by 
Bien Aime's supporters, the HNP refused to comment on his detention or 
whereabouts. Human rights organizations believe that all three were 
killed.
    On October 14, police arrested and beat two members of the 
Konvansyon Inite Demokratik (KID) opposition party, David Barjon and 
Jean Lafouche, after an argument over public housing. Their whereabouts 
remained unknown. The HNP did not commented on the case nor kept a 
written record of the arrest. Human rights organizations believe they 
were killed.
    On October 23, the chief of the police unit assigned to the 
National Palace, Paul Voltaire, disappeared. He had reportedly 
uncovered a drug-trafficking ring involving progovernment supporters. 
Human rights organizations believe he was killed.
    On October 26, authorities arrested former soccer player Emmanuel 
Auguste and took him to Carrefour police station. Family members 
visited him there that day. By the next day, Auguste had disappeared. 
Human rights organizations believe he was killed.
    On November 13, ex-military officer and former Petionville police 
commissaire, Jean Lewis Bourgouin, disappeared. He reportedly was a 
close friend of Guy Philippe, an anti-Aristide former military officer. 
Human rights organizations believe he was killed.
    There has been no further investigation of the human remains found 
at Titanyen but during the year there were frequent reports of new 
human remains found at Titanyen and other locations.

    c. Torture and other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The 1987 Constitution prohibits the use of unnecessary 
force or restraint, psychological pressure, or brutality by the 
security forces; however, members of the security forces continued to 
violate these provisions. Police officers used excessive and sometimes 
deadly force in making arrests or controlling demonstrations and were 
rarely punished for such acts (see Section 1.a.). Torture and other 
forms of abuse were reported.
    Police mistreatment of suspects at the time of arrest and during 
detention remained common in all parts of the country. Beating with 
fists, sticks, and belts was the most common form of abuse. Persons who 
reported such abuse often had visible injuries consistent with the 
alleged mistreatment. There were also isolated allegations of torture 
by electric shock. Mistreatment also took the form of withholding 
medical treatment from injured jail inmates.
    The Government's record of disciplining police officers implicated 
in these offenses was inconsistent. Police were rarely prosecuted for 
abuse of detainees but were sometimes fined. Often the HNP simply fired 
officers guilty of flagrant abuses. The HNP Inspector General requested 
the removal of 88 police officers charged with abuse since January 
2001; however, many were still on the payroll at year's end.
    Despite substantial international assistance and some initial 
progress, the HNP was largely an ineffective institution with 
inadequate government support. Most new cadets entered through a 
competitive selection process, but the Government appointed more than 
half based on political and personal favoritism. In August a new class 
of 872 recruits began training.
    CIMO was often accused of using excessive force against 
demonstrators (see Section 2.b.).
    Locally elected officials allied with the FL increasingly exercised 
unauthorized law enforcement functions. The mayors of Hinche, Maissade, 
Miragoane, and Petit Goave employed small paramilitary groups to 
victimize and control local populations. These groups engaged in 
torture, property damage, and theft, and were usually better armed than 
local police. In rural areas, members and agents of CASECs illegally 
assumed police functions such as serving warrants, arresting the 
accused, taking testimony (often for a fee), and seizing private 
property. Locally elected officials often abused citizens based on 
perceived political disloyalty, accusing them of attempts to 
destabilize the Government.
    The Government did not pursue investigations of Maissade mayor 
Willot Joseph or Hinche mayor Dongo Joseph for their involvement in 
March 2001 attacks on two judges investigating their paramilitary 
group's beatings of opposition members in July 2000. In April 2001, 
authorities had arrested and then provisionally released Dongo Joseph. 
In December 2001, he resigned as mayor and was replaced by James 
Joseph, a member of the same paramilitary group. Dongo Joseph was 
reportedly working for the Ministry of Interior at year's end.
    Prison conditions remained poor. The Penitentiary Administration 
Management (DAP) made some progress in improving prison administration 
and warden training. Prisoners and detainees continued to suffer from a 
lack of basic hygiene, malnutrition, poor quality health care, and, in 
some facilities, 24-hour confinement. Most prisons periodically 
suffered from lack of water, especially in the provinces. The incidence 
of preventable diseases such as beriberi, AIDS, and tuberculosis 
increased. The total prisoner population remained at approximately 
3,600. However, the number of inmates incarcerated at the National 
Penitentiary dropped from 1,899 to 1,700 by year's end, due in part to 
concerted efforts to resolve cases.
    Overcrowding prevented the separation of violent from nonviolent 
prisoners or convicts from those in pretrial detention. Many were 
incarcerated in temporary holding cells, particularly in the provinces.
    Prison officials confirmed reports by international human rights 
observers of instances of inmate abuse by prison personnel; however, no 
statistics were available. Prisoners and detainees, ignorant of legal 
rights or doubtful officials would respond positively, rarely filed 
official complaints. During the year, 30 guards were subjected to 
disciplinary action--18 were fired, 5 were temporarily suspended, and 7 
were fined.
    The Government established a commission to investigate the 2001 
riot at the National Penitentiary but the commission has not published 
a report of its findings. Authorities transferred some prisoners to 
other facilities a week after the riot.
    The Government's Office of Citizen Protection monitored prison 
conditions and offered training to prison administrators on criminal 
procedures, particularly the constitutional requirement limiting 
preventive detention (garde a vu) to 48 hours. The U.N. Development 
Program (UNDP) continued technical assistance to the DAP, focusing on 
midlevel warden training and management information. The National 
Coalition for Haitian Rights (NCHR) actively monitored prison 
conditions in cooperation with the DAP, which offered a prisoners' 
rights awareness campaign and morale-boosting activities including a 
soccer tournament.
    During the year, the DAP began objective testing of prison 
physicians and nurses to weed out those who were inadequately trained. 
Doctors were available in the capital but were less frequently 
available to those incarcerated in the provinces. Nurses did not 
conduct daily checkups on the physical condition of inmates. Dispensary 
supplies were limited, and family members often had to purchase needed 
medication. The DAP improved medicine procurement and distribution, and 
in June a new consultant for medical services began work at the 
National Penitentiary.
    Fort National prison in Port-au-Prince is the only prison facility 
expressly for women and juveniles. In other prison facilities, women 
are housed in cells separate from men. However, in January 2000, U.N. 
Special Rapporteur for Violence against Women Radhika Coomaraswamy 
reported, based on her 1999 visit, that most female prisoners share 
living quarters with male prisoners. This subjects women to violence 
and sexual abuse.
    In October Natacha Jean-Jacques, a 17 year old girl in pre-trial 
detention at Fort National (Port-au-Prince's female prison) since March 
2000, gave birth to a son. In February she had reported to prison 
authorities that Ilus Denasty, a medical assistant, had raped her on 
February 19, after she refused his advances during a medical 
consultation. The DAP subsequently transferred the director of the 
prison and prison guards implicated in the rape, and recommended to the 
district attorney that charges be brought against Denasty. The trial 
for Jean-Jacques, originally detained and charged for homicide, had not 
occurred by year's end.
    Due to overcrowding, juveniles often were held with adults.
    The authorities freely permitted the International Committee of the 
Red Cross (ICRC), the Haitian Red Cross, and other human rights groups 
to enter prisons and police stations, monitor conditions, and assist 
prisoners and detainees with medical care, food, and legal aid. The 
Director General of the HNP and the DAP cooperated with the ICRC and 
the UNDP.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest and detention; however, security forces 
continued to use arbitrary arrest and detention. The Constitution 
stipulates that a person may be arrested only if apprehended during the 
commission of a crime, or on the basis of a written order by a legally 
competent official, such as a justice of the peace or magistrate. The 
authorities can only execute these orders between 6:00 a.m. and 6:00 
p.m. and must bring the detainee before a judge within 48 hours of 
arrest. In practice, officials frequently ignored these provisions. 
There were also instances of arrests by security forces and local 
officials lacking proper authority; mayors and members of local CASECs 
sometimes arrested persons in under-policed rural areas (see Sections 
1.c. and 6.a.). Judges often issued arrest warrants with little or no 
evidence (see Section 1.f.). Locally elected officials and local HNP 
increasingly arrested spouses and other family members when they were 
unable to locate a suspect. Occasionally parents ask a judge to 
imprison a delinquent child.
    Certain police jurisdictions routinely disregarded the 48-hour 
requirement and some detainees were held for years in pretrial 
detention. Although the 48-hour rule was violated in all parts of the 
country, it was most often and most flagrantly ignored in Jeremie, Cap 
Haitien, Petionville, and the Delmas commissariat of Port-au-Prince. 
Police or other government officials often apprehended people without 
warrants, or on warrants not issued by a duly authorized official. 
Moreover, arrests sometimes were made on charges such as sorcery or 
debt with no basis in law. The authorities frequently detained 
individuals on unspecified charges or pending investigation. The 
Government often resorted to arrest and detention on false charges or 
on the charge of ``plotting against the security of the State,'' 
particularly in political or personal vendettas. Detainees were 
generally allowed access to family members and a lawyer of their own 
choosing. Many detainees could not afford the services of an attorney, 
and the Government did not provide free counsel. Bail is available at 
the discretion of the investigative judge (juge d'instruction). Bail 
hearings are not automatic, and judges usually granted bail only for 
minor cases and based on compelling humanitarian grounds such as a need 
for medical attention.
    Prolonged pretrial detention was a serious problem. Judicial delays 
left an estimated 78 percent of the country's prison population 
awaiting trial (see Section 1.e.). The problem was most extreme in 
Port-au-Prince, with 88 percent of National Penitentiary inmates in 
pretrial detention status. Eighty-six percent of females and 95 percent 
of minor detainees were in pretrial detention. The Justice Ministry 
made efforts to address the problem: between May and September, 
Minister of Justice Brown ordered the release of 60 pretrial detainees, 
and 6 judicial officials newly assigned to the National Penitentiary in 
May 2001 freed detainees in 120 out of the 178 cases reviewed (see 
Section 1.c.). The prolonged detention of persons with valid release 
orders continued to be a problem (see Section 1.e.).
    Prisoners with histories of opposition to the Government or 
affiliation with the Duvalier or de facto regimes were affected 
disproportionately by prolonged pretrial detention. By year's end, 
political prisoners still held despite valid release orders included 
Esteve Conserve, Leonard Lucas, Alexandre Paul, Jean-Michel Richardson, 
and Jean Enel Samedi. However, authorities released Leoncefils Ceance, 
Jean-Robert Lherisson, Rilande Louis, and Calero Vivas Fabien.
    Prosper Avril, former general and President of the military 
government from 1988 to 1990, remained incarcerated at the National 
Penitentiary in Port-au-Prince at year's end. In May 2001, the 
authorities had arrested Avril during a book promotion tour and charged 
him with plotting against the State. In March the Gonaives Court of 
Appeals ruled this arrest illegal and ordered his release, which 
occurred on April 12. However, the authorities immediately rearrested 
him on new charges of complicity in a 1990 massacre of peasants in 
Piatre. Following self-imposed exile abroad in April, Judge Henry 
Kesner Noel admitted he had inserted Avril's name in the list of 
accused perpetrators of the Piatre massacre on the instruction of 
officials close to President Aristide. On October 22, the Gonaives 
Court of Appeals ruled the April arrest illegal and ordered Avril's 
release; however, the district attorney's office in Port-au-Prince did 
not comply. Avril remained incarcerated at year's end.
    On September 23, police arrested Rosemond Jean, leader of 
CONOSOVIC, a nongovernmental organization (NGO) advocating government 
reimbursement of deposits lost in failed cooperative schemes) on 
charges of weapons possession and criminal conspiracy. On September 30, 
Jean's attorney filed a Writ of Habeas Corpus, noting arresting 
officers had not had an arrest or search warrant. As of year's end, the 
court had not yet ruled, and Jean remained incarcerated.
    The Constitution prohibits the involuntary exile of citizens, and 
there were no reports of its use. Self-imposed internal and external 
exile were common among opponents of the regime.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice the judiciary was subject 
to significant influence by the executive and legislative branches. 
Years of extensive corruption and governmental neglect left the poorly 
organized judicial system largely moribund. Judges assigned to 
politically sensitive cases complained about interference by the 
executive branch (see Section 1.a.).
    At the lowest level of the justice system, justices of the peace 
issue warrants, adjudicate minor infractions, mediate cases, take 
depositions, and refer cases to prosecutors or higher judicial 
officials. Investigating magistrates and public prosecutors cooperate 
in the development of more serious cases, which are tried by the judges 
of the first instance courts. Thirty appeals court judges hear cases 
referred from the first instance courts, and the 11-member Court of 
Cassation, the country's highest court, addresses questions of 
procedure and constitutionality. In Port-au-Prince, seven judges sit on 
a special labor court with jurisdiction over labor disputes, but in the 
provinces courts of first instance adjudicate such cases.
    The judicial apparatus follows a civil law system based on the 
Napoleonic Code; the Criminal Code dates from 1832, although it has 
been amended in some instances. The Constitution provides for the right 
to a fair public trial; wever, this right was abridged widely in 
practice. The Constitution also expressly denies police and judicial 
authorities the right to interrogate suspects unless legal counsel or a 
representative of the suspect's choice was present or they waive this 
right; this right was also abridged in practice. While trials are 
public, most accused persons cannot afford legal counsel for 
interrogation or trial, and the law does not require that the 
Government provide legal representation. Despite the efforts of local 
human rights groups and the international community to provide free 
legal aid, many interrogations occurred without presence of counsel. 
However, some defendants had access to counsel during trials. The 
Constitution provides defendants with a presumption of innocence and 
the right to be present at trial, to confront witnesses against them, 
and to present witnesses and evidence in their own behalf; however, in 
practice corrupt and uneducated judges frequently denied defendants 
these rights.
    Systemic problems including underfunding and a shortage of 
adequately trained and qualified justices of the peace, judges, and 
prosecutors created a huge backlog of criminal cases, with many 
detainees waiting months or even years in pretrial detention for a 
court date (see Section 1.d.). There was no legal redress for prolonged 
pretrial detention following acquittal or dismissal of charges.
    In most regions, judges lacked the basic resources (such as office 
space, legal reference texts, and supplies) to perform their duties. 
Professional competence was sometimes lacking as well. The qualifying 
yearlong course at the Magistrates' school requires no previous legal 
training. On September 13, 29 judges graduated from this course and in 
October a new class of at least 9 students began. Judges increasingly 
conducted legal proceedings exclusively in Creole rather than French, 
but language remained a significant barrier to full access to the 
judicial system (see Section 5). UNDP, supported by the Government, 
provided additional training for many segments of the judicial system, 
including new judges and attorneys.
    The Constitution sets varying tenure periods for judges above the 
level of justice of the peace. However, in practice the Ministry of 
Justice exercised appointment and administrative oversight over the 
judiciary, prosecutors, and court staff. This Ministry can remove 
justices of the peace and in practice has occasionally dismissed judges 
above this level. During the year, citizens filed approximately 180 
complaints against judges with the Ministry of Justice.
    The Code of Criminal Procedure does not assign clear responsibility 
to investigate crimes, dividing the authority among police, justices of 
the peace, prosecutors, and investigative magistrates. Examining 
magistrates often received files that were empty or missing police 
reports. Autopsies were conducted only rarely, and autopsy reports 
seldom issued. The Code provides for 2 criminal court sessions 
(``assizes'') per year in each of the 15 first instance jurisdictions 
for all major crimes requiring a jury trial; each session generally 
lasts for 2 weeks. During the year, the Port-au-Prince jurisdiction, 
largest in terms of caseload, met once for 1 week and heard only 7 
homicide cases. Criminal assizes in Port-au-Prince have met only once a 
year since 1998, with the last meeting held in July.
    Following the IAHCR's August 26-29 visit evaluating the status of 
human rights, the OAS expressed its deep concern about the rule of law, 
the lack of judicial independence, and impunity (see Section 4). The 
OAS Special Rapporteur recommended that the Government ``take steps to 
ensure the autonomy, independence, and impartiality of the judiciary.'' 
During this visit the OAS held a 2-day seminar instructing local 
attorneys and officials about human rights law. During the year a local 
NGO, working with the International Foundation for Elections Systems 
(IFES) and the Dominican Republic NGO Foundation for 
Institutionalization and Justice (FINJUS), conducted education 
campaigns on judicial reform and promotion of judicial independence.
    The Government has limited the return of criminal deportees from 
the United States to 600 per year, creating a large backlog of Haitian 
criminals in the United States waiting to be deported. Upon their 
return to the country, criminal deportees are detained until a family 
member agrees to take custody of them and their release order is 
processed. This generally takes one to two months, but has lasted as 
long as four months in unusual instances.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits interference with privacy, 
family, home, or correspondence; however, police and other security 
force elements routinely conducted searches without warrants.

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 those rights in practice. Several times during the year, the 
Government publicly demonstrated strong support for free expression; 
however, there were several documented attacks on members of the press. 
Print and electronic media freely criticized the Government and 
opposition. However, in practice most media admitted to some self-
censorship to avoid offending sponsors or the politically influential.
    There were two French-language newspapers in the country, Le 
Nouvelliste and L'Union, with a combined circulation of less than 
20,000 readers. L'Union is a government-run newspaper; its editor was 
the Secretary of State for Communication. Le Nouvelliste and some 
irregularly printed papers were frequently critical of government 
policies. There was virtually no Creole-language press.
    With a literacy rate of approximately 52 percent and limited access 
to television, the most important medium is radio, especially those 
stations broadcasting in Creole. There are 275 private radio stations, 
with 43 in the capital alone. Most carried a mix of music, news, and 
talk show programs that many citizens regard as their only opportunity 
to speak out on a variety of political, social, and economic issues. 
Uncensored foreign satellite and cable broadcasts were available but 
limited in impact: most citizens could not afford televisions. The few 
stations carrying news or opinion broadcasts freely expressed a wide 
range of political viewpoints.
    Although most radio stations and other forms of telecommunications 
were nominally independent, they are subject to a 1997 law designating 
the State sole owner and proprietor of the airwaves. The State leases 
broadcast rights to private enterprises, retaining preemption rights in 
the event of a national emergency, including natural disasters. The 
Government did not exercise this right in practice.
    There were several attacks on, or threats against, journalists 
during the year, and the legal system provided limited protection or 
redress. Journalists were accused of destabilizing the Government and 
often subjected to anonymous threats of violence, including threats of 
kidnaping and murder. Police and government officials often failed to 
protect journalists during civil unrest. The NGO Reporters Without 
Borders and local journalists' associations continued to protest 
attacks in prior years and called on the Government to provide 
security. The Government failed to do so, despite frequent expressions 
of support for free expression. The public and Popular Organizations 
(OPs) sometimes threatened journalists covering protests, civil unrest, 
and other large group events. In such cases, the Government's inability 
or unwillingness to provide adequate security to media outlets and 
journalists and tacit encouragement of ``zero tolerance'' contributed 
to an increased sense of vulnerability among members of the media who 
criticized the Government or FL. In the wake of the violence of 
December 17, 2001, 24 journalists or their family members went into 
self-imposed exile or sought refuge in an embassy, including 
journalists from Radio Caraibes, Radio Galaxie, Radio Ibo, Radio 
Metropole, and Radio Vision 2000.
    On September 4, IACHR announced that the ``murder of journalists in 
Haiti, along with a large number of complaints regarding harassment and 
threats against journalists, the media, and other social communicators, 
have created an unfavorable environment for freedom of expression.'' 
The IACHR Special Rapporteur for Freedom of Expression concluded that 
those whose freedom of expression is curtailed ``cannot always rely on 
effective judicial protection to detect those responsible, to put a 
stop to intimidation, and ensure reparation for the damage done.'' The 
IACHR urged the Government to ensure full exercise of the right to 
freedom of expression without being exposed to reprisals (see Section 
4). The Special Rapporteur also recommended that the country amend its 
laws on contempt of public authority and the criminalization of 
offensive language when referring to government officials.
    From September 21 through 27, a U.N. independent expert on human 
rights conducted a fact-finding mission and cited impunity and threats 
to free expression as major concerns. The expert found that journalists 
were often forced to practice self-censorship.
    On February 9, police arrested radio journalist Genet Morin of the 
Magic Stereo station and several members of the KID party, and held 
them without charges (see Section 3). Authorities released Morin 5 days 
later under pressure from local and international human rights and 
journalist organizations. It was unclear whether police targeted him as 
a journalist or because he was with KID members.
    On May 27, Saint Raphael HNP arrested journalists Darwin Saint-
Julien and Allan Deshommes and 11 others, and transferred them by 
helicopter to the National Penitentiary in Port-au-Prince. The two 
journalists had been covering a demonstration by peasant activists from 
the leftist political group Batay Ouvriye when armed local residents 
attacked the crowd. During the clash, two local residents died. The 
journalists, one of whom had suffered severe machete injuries, were 
held without charges until June 8. Police cited the journalists' 
alleged political beliefs, specifically opposition to private sector 
investment, as justification for the arrest (see Section 6.a.).
    In July Saint Marc police arrested the 82-year-old mother of a 
journalist and detained her for 8 days without charges. Her son had 
refused to retract an earlier report critical of a judge. The same 
month, Grand Goave mayor, Rigaud Xavier, slapped a journalist in court. 
The mayor was pressured to resign, but prosecutors brought no charges 
against him.
    On September 16, Judge Fritzner Duclaire indicted 10 OP members for 
the December 2001 killing of Petit-Goave journalist, Brignol Lindor. 
Police had only arrested three persons by year's end (see Section 
1.a.).
    On September 10, the Association of Haitian Journalists submitted a 
formal protest regarding tax bills on nongovernment-affiliated media. 
Many media owners felt these bills were political reprisals based on 
earlier presidential comments that those who did not pay their taxes 
should not criticize the Government. The Director of Income Tax and 
media owners resolved the dispute amicably, with some owners receiving 
a payment schedule and others new audits.
    On September 26, Radio Kiskeya temporarily went off the air after 
receiving threats that an OP was going to attack the station. Radio 
Caraibes suspended news broadcasts to show solidarity with the 
threatened station. On September 27, three men threatened to set fire 
to Radio Ibo and the station closed briefly. The Secretary of State for 
Communication and the Prime Minister later visited Radio Kiskeya to 
support its operations. In a speech on October 10, President Aristide 
accused the media of involvement in a plot to destroy the Government, 
asserted an unspecified group was trying to denigrate the Government by 
saying it did not encourage a free press, and said fabricated threats 
to the media were the true threat to press liberty. FL leadership 
broadcast the same statements as part of an orchestrated campaign in 
the provinces and Port-au-Prince prior to the October 10 speech, 
repeating them in subsequent weeks.
    There was no investigation into the December 2000 killing of sports 
broadcaster Geral Denoze. Investigations into the April 2000 killing of 
prominent radio commentator and journalist Jean Dominique and a 
security guard continued during the year, with a large gap between the 
resignation of one investigating judge and presidential appointment of 
a successor (see Section 1.a.). Local and international human rights 
groups frequently criticized the slow pace of the Dominique 
investigation. On the evening of December 25 in Petionville, armed men 
attempting to enter the home of Michele Montas, Dominique's widow, shot 
and killed Maxime Seide, her bodyguard. Bernard Sainvil, the judge 
investigating Dominique's murder, had previously announced that he 
would submit his findings in December. By year's end, he had not yet 
sent his report to the district attorney.
    On November 21 members of the paramilitary group ``Cannibal Army,'' 
after pelting student protestors with stones, chased a group of seven 
journalists into the local bishop's residence (see Section 2.b). 
Gonaives police did not intervene. On November 26, after threatening to 
do so, Metayer supporters set fire to Radio Etincelle, where three of 
the journalists worked. On November 28, in coordination with the 
Government, the President of the Association for Haitian Journalists, 
Guy Delva, other journalists, and CIMO police units accompanied the 
seven journalists out of Gonaives. They subsequently went into hiding, 
where they remained at year's end.
    On July 15, Israel Jacky Cantave, a Radio Caraibes journalist, and 
a colleague disappeared in an apparent kidnaping. Cantave and his 
severely beaten associate reappeared after a full day of public and 
government outcry. Cantave and his family left for France shortly after 
his reappearance, citing continued threats. In mid-August police 
reported their investigation did not support Cantave's account, 
suggesting the kidnaping had been a hoax. The authorities have filed no 
charges of kidnaping or filing a false report but the case remains 
open.
    Foreign journalists generally traveled without hindrance from the 
authorities. The Government did not censor books or films. However, on 
September 18 special police forces shut down an open-air concert of the 
popular music group, Boukman Eksperyans, as it began a song critical of 
the Government.
    The Government did not limit access to the Internet.
    The Government did not restrict academic freedom. However, in 
August some State University of Haiti students protested the 
appointment of interim rectors, saying the Government exerted too much 
political influence over the university (see Section 2.b.).

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly. Although a variety of organizations 
were able to exercise this right without hindrance throughout the year, 
numerous violations of this freedom occurred in the provinces. CIMO was 
routinely accused of using excessive force against demonstrators (see 
Section 1.c.). Civil society groups were sometimes refused permits to 
assemble, most often in Central Plateau department. Authorities 
frequently failed to provide security for opposition parties or other 
groups conducting peaceful demonstrations. Authorities often 
transported pro-Aristide supporters, armed and unarmed, to announced 
opposition events and failed to arrest them for throwing rocks or 
bottles at the demonstrators.
    On June 4, the HNP severely beat dozens of demonstrators demanding 
access to electrical services. On July 27, when armed men (including a 
CASEC) disrupted a meeting of farmers in the town of Torbeck, police 
reacted by arresting several of the farmers. In early September, CIMO 
agents in Mirogoane shot two people and used tear gas on residents 
demanding public services such as electricity, potable water, and 
better roads and telephone service. On September 2, CIMO agents used 
batons to beat demonstrators demanding compensation for losses at 
failed cooperatives in Port-au-Prince.
    In several cases, police inaction allowed organized political 
militants to violate freedom of assembly rights, and there were 
numerous violent political demonstrations (see Section 1.a.). On August 
14 and 22, groups with pro-Aristide banners and leaflets attacked 
students demonstrating against the replacement of the rector and vice-
rectors of the State University of Haiti. Police present at the scene 
of the attacks did nothing to prevent or end these attacks. In 
September the OP Bale Woze, known for attacks on political opponents of 
FL and led by Saint Marc Parliamentary Deputy Emmaus Maillet, announced 
it would not permit any anti-FL demonstrations in Saint Marc. A few 
days later, pro-FL supporters repeating that sentiment in Gonaives 
clashed with opposition protestors. Eight opposition demonstrators were 
shot in the ensuing violence.
    On November 17, antigovernment demonstrations commemorating the 
Battle of Vertieres in Cap Haitien peacefully protested government 
policies and called for President Aristide's departure. Police units 
protected the participants from groups of progovernment supporter 
harassment. On November 18, armed members of the FL informed government 
employees who had participated in anti-Aristide demonstrations, that, 
in contravention of labor laws, they had been fired.
    In Petit Goave on November 20, police shot and injured eight 
students initially protesting school fees, corruption, and lack of 
public services and later denouncing the FL government and calling for 
President Aristide's departure. Police shot one of the students. On 
November 21, anti-Aristide student protestors in Petit Goave, Gonaives, 
and Port-au-Prince called for his resignation. Police in Petit Goave 
and Port au Prince attempted to maintain order and protect the 
demonstrators. In Gonaives, pro-FL members of the paramilitary group 
``Cannibal Army'' threw rocks at the students and chased a group of 
seven journalists into the local bishop's residence (see Section 2.a.). 
Gonaives police did not intervene.
    On November 22, pro-FL supporters blocked main roads in Port-au-
Prince with barricades, flaming tires, and parades, effectively halting 
all business and educational activity. Police and other vehicles 
bearing official plates passed the roadblocks, and other vehicles were 
stopped and shaken down for money.
    Having obtained the necessary permit, several groups of opposition 
members in Port au Prince scheduled an anti-government demonstration 
for December 3, the anniversary of Brignol Lindor's murder. By 9 a.m., 
pro-Aristide supporters, some armed with guns or bullwhips, occupied 
the location of the proposed march, beat some would-be participants and 
threatened others. The scheduled commemorative march did not occur. At 
the State University of Haiti, BS police units beat some students, two 
of whom were hospitalized. On December 3 in Cap Haitien, pro-FL 
supporters attempted to halt anti-Aristide demonstrations by throwing 
rocks and bottles. Opposition protestors responded in kind. Police used 
teargas to disperse the crowd.
    The Constitution provides for freedom of association, and the 
Government generally respected this right in practice. The Penal Code 
requires prior government approval for any association of more than 20 
persons that seeks tax benefits and official recognition from the 
Government.

    c. Freedom of Religion.--The Constitution provides for the right to 
practice all religions and faiths, provided that practice does not 
disturb law and order, and the Government generally respected this 
right in practice.
    In many respects, Roman Catholicism retained its traditional 
primacy among the country's religions. However, Protestant 
denominations (primarily Methodist and Baptist) have overtaken the 
Catholic Church with regard to active members. A large segment of the 
population practiced Christianity as well as Voudou, a traditional 
religion derived in part from West African beliefs. While there were 
associations of Voudou practitioners and priests, there was no 
organized hierarchy. Official recognition by the Ministry of Religious 
Affairs gives religious organizations legal standing and tax exempt 
status, and extends civil recognition to church documents. In April 
2001, the Ministry of Religion officially recognized the first Voudou 
church, the Eglise Vodou d'Ayiti.
    Accusations of sorcery, particularly in rural areas, have led to 
mob violence and killings, and Voudou practitioners were targeted in 
some cases.
    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.
    An unknown number of undocumented migrants left the country by sea 
or land to seek better economic opportunities. The Government's 
National Migration Office (ONM) was responsible for assisting citizens 
repatriated from other countries (including the Dominican Republic, the 
Bahamas, Cuba, and the United States) and frequently provided small 
sums of money to repatriated migrants for transportation. The ONM 
recorded 8,902 citizens formally repatriated during the fiscal year. 
According to the International Organization for Migration (IOM), the 
Dominican Republic deported approximately 500 Haitians each month. 
There were reliable reports of family separation and maltreatment of 
Haitians by Dominican soldiers during the year. There were no credible 
reports of government mistreatment of repatriated migrants.
    The law provides for 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 question of provision of first 
asylum did not arise. During the year, the Government took no action on 
its only official asylum claim, brought by a person who had deserted 
from a third country's army, and his family. Several claimants from 
Cuba and Sierra Leone were advised by police instead to seek asylum at 
an embassy or in the Dominican Republic. Both groups reportedly had 
left Haiti 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. In practice, the political system remained in 
transition from a dictatorial system to a more open and competitive 
one. The dominant FL political party manipulated legislative elections 
and exaggerated electoral participation in the 2000 presidential 
elections. The FL controls all branches of government, including the 
executive, legislative, and judicial branches. In November 2000, former 
President Aristide faced only token opposition and was elected to a 5-
year term with a reported 91.5 percent of the votes cast. Most local 
and regional elected leaders were members of the FL.
    Under the Constitution and electoral law, a candidate for the 
Senate or Chamber of Deputies must receive an absolute majority of 
votes cast to be elected in the first round of voting. If no candidate 
receives a majority, a second round runoff is required. Election 
observers, including the OAS, described the May 2000 legislative and 
local elections as generally free and fair despite irregular ballot 
tabulation, numerous reports of ballot theft, and significant candidate 
and observer intimidation. However, the CEP manipulated election 
results to ensure that Fanmi Lavalas won 16 of the 17 Senate seats, 
tabulating only those votes cast for the top four vote getters in each 
department rather than all valid votes cast. By setting a lower 
threshold for the absolute majority vote required under the 
Constitution, this eliminated runoff elections. The OAS Electoral 
Observation Mission questioned this methodology, which it characterized 
as a serious error.
    Government refusal to correct these manipulations led to a 
political standoff between the FL and the opposition Democratic 
Convergence (CD). OAS-sponsored negotiations between the Government and 
opposition over the May election results continued through the summer 
with few results. On September 4, the OAS unanimously approved 
Resolution 822, delinking international economic assistance from the 
signing of an FL/CD accord. It called on the Government to implement 
previous OAS resolutions, expressed the expectation that the Government 
would hold legislative and local elections in 2003, and called on the 
Government to create a favorable security climate, implement a 
disarmament plan, strengthen independent police and judicial 
institutions in order to combat impunity, and participate in the 
formation of a credible Provisional Electoral Counsel by November 4 and 
an Electoral Guarantees Commission (CGE) by December 4. The resolution 
broadened the mandate of the OAS Special Mission to assist the 
Government in undertaking its obligations and to monitor and evaluate 
those efforts. By November 20, eight of the entities comprising the CEP 
had nominated a representative, though not officially sworn them in. 
Convergence had not put forth a representative. In reaction to the 
repression of opposition and student demonstrations on December 3, 
several CEP sectors considered imposing new conditions for their full 
participation in the CEP. OAS policy remained focused on implementation 
of Resolution 822, of which formation of a CEP is a key provision. By 
year's end neither the new CEP nor CGE had formed.
    Pursuant to OAS Resolutions 806 in January, and 822 in September, 
the Government invited a three-member OAS special inquiry commission to 
investigate the December 2001 attacks on members of opposition parties. 
In July the commission concluded that the attack on the palace was not 
an attempted coup d'etat, and that the political opposition had not 
participated in the planning or execution of the attack on the palace. 
Furthermore, the commission determined that the subsequent attacks on 
the opposition would not have occurred without police complicity. Under 
international pressure, the Government agreed to pay reparations to the 
victims and publish a report of actions taken against persons 
implicated in the events. The Government's September 12 interim report 
was deemed insufficient to meet these requirements. By year's end, some 
accounts had been settled but negotiations over the amount of 
reparations were still ongoing for several others, including the two 
largest--OPL and MOCHRENA.
    On July 4, police arrested Amiot Metayer a suspect in the December 
violence, on unrelated charges. However, on August 2, armed men 
attacked Gonaives prison and freed Metayer and 158 others. Since the 
escape, Metayer has frequently appeared in public and the authorities 
have not attempted to rearrest him. On November 28, the Government-
appointed delegate to Gonaives, Kenaz Jean-Baptiste, resigned, days 
after Metayer and his supporters, the ``Cannibal Army,'' publicly 
agitated for her departure. The Government replaced her with Metayer's 
preferred candidate, Ketlene Thelemaque.
    Increasingly, affiliation with the FL was required for government 
employment, and political patronage was widespread. It was common for 
political appointees to use their positions for personal enrichment. 
Many of the 2,500 to 3,500 officers on the official HNP payroll were 
ghost officers who did not actually work.
    There were fewer overt attacks on opposition leaders than in 2001, 
although there were numerous credible threats. The Government continued 
to accuse opposition supporters of plotting against the State. Members 
of opposition parties and their supporters faced the constant threat of 
arrest. In mid-February the police arrested 14 persons, most of them 
members of the KID political party, on charges of plotting against the 
State and participating in kidnapings for profit. Most remained in jail 
for months despite the widespread perception that the charges were 
without foundation.
    On February 10, unknown persons killed the deputy from Gonaives, 
Marc Andre Dirogene, a FL member. Dirogene had written a letter to 
then-Prime Minister Cherestal, denouncing corruption at the Gonaives 
port and customs office. Cherestal reportedly sent a copy of the letter 
to the FL controlled port and custom authorities, where Amiot Metayer's 
brother has a prominent post.
    On June 24, authorities interrogated 20 CD supporters, detaining 
11, after unknown armed men shot and killed a family of 5 in Belladere. 
Observers claimed that the authorities politicized the crime to 
implicate CD members.
    On August 22, police beat CD leader Gabriel Fortune, a former Les 
Cayes deputy, following a routine traffic stop.
    On October 15, authorities arrested and beat two KID party members 
involved in an argument over public housing, but did not arrest other 
parties to the dispute. The whereabouts of the two men remained unknown 
at year's end and human rights organizations believed that they were 
dead.
    After the November 28 shooting of Belladere Justice of the Peace, 
Christophe Lozama, in a clash between FL and anti-FL demonstrators, 
authorities targeted anti-FL protestors for questioning and arrest 
despite eyewitness accounts that he had been shot by FL supporters. 
Human rights investigators concluded that pro-government officials 
exploited Lozama's murder to justify political repression of opposition 
members in Las Cahobas (see Section 1.a).
    There are no legal impediments to women's participation in politics 
or government. The monetary deposit required of female candidates for 
political office (if sponsored by a recognized party) is one-half that 
required of male candidates. At year's end 3 of the 81 deputies were 
women, and there were 6 women among the 19 senators. Five of the 16 
ministers in the Government were women. During the year eight senators 
resigned and the deputy of Gonaives was killed.

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 acknowledged their views but often failed to implement 
recommendations. The Government permitted special missions and the 
continued presence of U.N. bodies and other international organizations 
such as the International Red Cross, the U.N. Independent Expert on 
Human Rights, the U.N. Development Fund, the Inter-American Commission 
on Human Rights, and the OAS Special Mission's human rights office. 
However, threats and intimidation from unknown sources against domestic 
NGOs continued during the year.
    The number of groups that monitor human rights has grown. Human 
rights organizations increasingly turned to issues that they had not 
previously addressed, including prison conditions, the widespread lack 
of health facilities, and impunity for criminals. Local officials often 
attempted to control and sought financial support from domestic human 
rights groups, as well as other local NGOs. Especially in Gonaives, the 
Les Cayes region and in the Central Plateau, local officials and their 
supporters often harassed, refused permits to assemble, and threatened 
NGOs. Some government officials resented international grants to NGOs 
and asserted that those monies should be available to the Government.
    In January, Patrick Merisier, a field monitor covering the south 
for the NCHR received leaflets at his home, warning that he would be 
killed if he did not stop his human rights monitoring and radio 
broadcasts about the subject. On February 22, two men shot Merisier, 
and he went into hiding. Authorities have not opened an investigation 
into the case.
    On July 24, two HNP and three armed civilians illegally arrested 
human rights attorney Fleury Lysias, who was beaten when he refused to 
pay for his release. Upon learning of his human rights affiliations, 
Lysias' captors broke his arm and damaged his eardrum. Lysias visited 
the HNP's Inspector General office three times to request a formal 
investigation into the case. No investigation had taken place by year's 
end.
    At the national and international levels, human rights 
organizations have been active and effective in monitoring human rights 
issues, and met frequently with government officials. Human rights 
organizations, including the Platform of Haitian Human Rights 
Organizations, the NCHR, the Lawyers' Committee for the Respect of 
Individual Rights, the Ecumenical Center of Human Rights (CEDH) and the 
Catholic Bishops' National Commission on Justice and Peace, made 
frequent media appearances and published objective reports on 
violations. All reported receiving threats as a result of their work.
    In June the OAS began a Special Mission to Haiti to strengthen 
democratic institutions, with a primary focus on justice and human 
rights. The resident OAS human rights officers' mandates were limited 
to training in human rights and strengthening institutional capacity 
(see Section 2.a.).
    Investigators made no arrests or progress in the 1999 attempted 
killing of human rights activist Pierre Esperance, NCHR country 
director. The HNP's investigation remained open in this case, but by 
all accounts was inactive.
    The Office of the Protector of Citizens (OPC), an ombudsman-like 
office provided for by the Constitution, received complaints of abuse 
at all levels of government. From September 2001 to October, the OPC 
received and investigated 488 complaints and resolved 50. More than 
half related to police abuse; the others were brought often by 
government employees and involved labor disputes. The Government did 
not directly impede OPC investigations but did not always respond to 
its requests for information. Local human rights organizations did not 
view the office as an advocate or interlocutor with the Government, and 
often did not file complaints with the OPC, reporting that OPC did not 
play an active role following up on human rights complaints. During the 
year, following the appointment of Necker Dessables, a respected human 
rights advocate, relations between the OPC and major human rights 
organizations such as the Platform for Human Rights and the Lawyers 
Committee for the Respect of Individual Rights (CARLI), improved. In 
addition to investigating complaints and monitoring prison conditions, 
the OPC conducted a number of training seminars throughout the year, 
focusing on civic education in schools and criminal procedure for penal 
system officials. The OPC had budgetary problems and employed only four 
investigators.
    The Parliament's Justice and Human Rights Committee, created in 
2000, did not have a high profile and focused largely on judicial 
issues during the year.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution does not specifically prohibit discrimination on 
the grounds of race, sex, disability, language, or social status. It 
does provide for equal working conditions regardless of sex, beliefs, 
or marital status. However, there was no effective governmental 
mechanism to administer or enforce these provisions.

    Women.--The law provides penalties for rape and domestic violence; 
however, the Government did not enforce these provisions adequately. 
According to women's rights groups, rape and other abuse of women was 
common, both within and outside marriage. Women's shelters and 
organizations reported that girls and women in the ``quartiers 
populaires'' (slums) like Cite Soleil and Martissant are frequently 
raped and harassed by local armed thugs. Police authorities rarely 
arrest the perpetrators or investigate the incident, and the victims 
sometimes suffer further harassment in retaliation. Natacha Jean 
Jacques, an adolescent girl from Martissant who was detained in 2000 
for murder and then raped by a prison official, had previously filed a 
police complaint against several young men, including the murder 
victim, after they sexually harassed and threatened her. After her 
complaint to the police, the group of young men she had accused went to 
her house and confronted the girl. According to witnesses, Jean Jacques 
killed the victim with a knife that one of the men had dropped. She 
remained incarcerated and had not faced trial by year's end (see 
Section 1.c).
    A 1998 study by the Haitian Center for Research and Action for the 
Promotion of Women documented widespread rape and violence against 
women. The report also found that many women did not report these forms 
of abuse due to fear, shame, or lack of confidence in judicial 
remedies. A 1999 survey by UNICEF of violence against women found that 
37 percent of women reported they were victims of sexual violence or 
reported knowing a woman who had been; another 33 percent reported 
being victims of other types of physical abuse. There were no 
government-sponsored programs for victims of violence. The Criminal 
Code excuses a husband who murders his wife or her partner upon 
catching them in the act of adultery in his home, but a wife who kills 
her husband under similar circumstances is not excused.
    The law does not prohibit specifically sexual harassment, although 
the Labor Code states that men and women have the same rights and 
obligations. Sexual harassment of female workers was a problem, 
especially in the assembly sector (see Section 6.b.).
    Women do not enjoy the same social and economic status as men. In 
some social strata, tradition limits women's roles. A majority of 
peasant women remain in traditional occupations of farming, marketing, 
and domestic labor. Very poor female heads of household in urban areas 
also often find their employment opportunities limited to traditional 
roles in domestic labor and sales. Laws governing child support 
recognize the widespread practice of multiple-father families but were 
rarely enforced. Female employees in private industry or service jobs, 
including government jobs, were seldom promoted to supervisory 
positions. However, well-educated women have occupied prominent 
positions in both the private and public sector in the past several 
years.
    The Ministry of Women's Affairs is charged with promoting and 
defending the rights of women and ensuring that they attain an equal 
status in society, but had few resources at its disposal and was able 
to accomplish little in this regard.
    Domestic women's rights groups were small, localized, and received 
little publicity.

    Children.--Government health care and education programs for 
children were inadequate. Malnutrition was a problem; approximately 23 
percent of all children under 5 were chronically malnourished. The 
Government has a school nutrition program, administered through the 
Office of National Development and supported by foreign donors. Through 
this program, health clinics and dispensaries have begun to distribute 
donated food to children.
    The Constitution and the law provide for free and compulsory 
primary education; however, in practice most rural families had no 
access to public schools. The costs of school fees, books, materials, 
and uniforms, even in public schools, were prohibitive for most 
families, and an estimated 90 percent of schools were private. Schools 
were dilapidated and understaffed. According to the Government, 40 
percent of children never attend school; of those who do, less than 15 
percent graduate from secondary school. The Ministry of Education 
estimated primary school enrollment at 65 percent. Poorer families 
sometimes ration education money to pay school fees only for male 
children.
    Child abuse was a problem. Radio commercials urged parents not to 
abuse their children physically or mentally. There was some anecdotal 
evidence that in very poor families, caretakers deprive the youngest 
children of food to feed older, income-generating children.
    In September 2001, Parliament passed a law banning corporal 
punishment of children, which ordered all schools to post clearly their 
disciplinary policies. It also called for the establishment of a 
commission to determine appropriate school disciplinary measures. In 
practice, corporal punishment was accepted as a form of discipline.
    Port-au-Prince's large population of street children included many 
domestic servants (restaveks) who were dismissed from or fled 
employers' homes (see Section 6.f.). The Ministry of Social Affairs 
provided some assistance to street children.
    Several international and local NGOs worked on children's issues. 
For example, the Haitian Coalition for the Defense of the Rights of the 
Child (COHADDE) promotes children's rights by conducting awareness 
raising activities.

    Persons with Disabilities.--The Constitution provides that persons 
with disabilities shall have the means to ensure their autonomy, 
education, and independence. However, there was no legislation to 
implement these constitutional provisions or to mandate provision of 
access to buildings for persons with disabilities. Given the severe 
poverty in which most citizens live, those with disabilities faced a 
particularly harsh existence even though they did not face overt 
mistreatment. Disabled beggars were common on the streets of Port-au-
Prince and other towns.

    National/Racial/Ethnic Minorities.--Approximately 99 percent of 
Haitians are descendants, in whole or in part, of African slaves who 
won a war of independence from France in 1804. The remaining population 
is of European, Middle Eastern, North American, or Latin American 
origin. The law makes no distinction based on race. However, 
longstanding social and political animosities were often tied to 
cultural identification, skin color, and overlapping issues of class in 
a starkly nonegalitarian society. Some of these animosities date back 
to before the country's revolutionary period.
    Racial distinctions tend to parallel social and economic strata. 
Mulattos generally belong to the wealthiest classes of society. 
Mulattos historically have been targets of sporadic attacks because 
they were perceived as wealthy.
    The Government recognizes two official languages: Creole, spoken by 
virtually all Haitians; and French, limited to approximately 20 percent 
of the population including the economic elite. Lack of French-language 
skills limited access to political and economic opportunities for the 
majority of the population. Although Creole was used in parliamentary 
debate in the Lower House of Parliament, the Government prepared most 
official documents only in French. Language also remained a significant 
barrier to full access to the judicial system (see Section 1.e.). 
Despite the Government's literacy promotion, many Creole speakers were 
illiterate.

Section 6. Worker Rights

    a. The Right of Association.--The 1987 Constitution and the Labor 
Code provide for the right of association. Public sector workers are 
organized pursuant to Article 31 of the 1987 Constitution.
    The law protects union activities and prohibits a closed shop. For 
legal recognition the law also requires that a union, which must have a 
minimum of 10 members, register with the Ministry of Labor and Social 
Affairs within 60 days of its formation. The Labor Code does not 
require prior approval before any association is established. Unions 
are subject to the same registration requirements as other associations 
(see Section 2.b.). The law prohibits employers, management, and anyone 
who represents the interests of employers from joining a union.
    In theory unions are independent of the Government and political 
parties. Nine principal labor federations represented approximately 5 
percent of the total labor force of approximately 2.8 million persons, 
including the approximately 2 to 3 percent working in the industrial 
sector. Union membership has decreased significantly, but remains 
active in the public sector. Some union representatives asserted that 
union activists not affiliated with the Government were forced into 
self-exile.
    Several unions have pending grievances over worker rights 
violations against the Government before the International Labor 
Organization (ILO) and the International Confederation of Free Trade 
Unions. These include the National Confederation of Haitian Teachers 
(CNEH), the Autonomous Central of Haitian Workers (CATH), and the 
General Independent Organization of Haitian Workers. Three major 
teachers' unions--the CNEH, the National Union of Trained Teachers, and 
the High School Teacher's Union--accused the Ministry of National 
Education of unfair labor practices. They accused the Education 
Ministry of implementing changes in a labor contract without advance 
notification or due opportunity to negotiate changes. Public school 
teachers have not yet received a 32 percent cost of living adjustment 
that the Minister of Education promised in 1997, and at year's end, had 
not received a paycheck since October.
    Labor unions reported several cases of threats and arrests during 
the year. Leaders of several major labor confederations reported 
receiving threats and demands to support the Fanmi Lavalas party. In 
March police beat members of a textile union demonstrating for 
compensation after being fired. On May 27, armed supporters of San 
Raphael municipal authorities attacked a group of Batay Ouvriye 
activists attempting to organize agricultural workers and negotiate 
their right to exploit fallow land (see Section 2.a.). Two 
demonstrators and one local official supporter died. Police arrested 11 
persons, including 2 journalists. On August 21, all but two labor union 
leaders, Jeremie Dorvil and Urbain Garcon, were released. They remained 
incarcerated until December 2, when they were freed. There was no 
progress in the investigation of the 2000 killing of CATH member Elison 
Merzilus.
    On June 19, the ILO criticized the Government for not having 
considered the input of the union sector in selecting the June ILO 
conference delegation. Sector representatives asserted that the 
Minister of Social Affairs selected only progovernment delegates.
    Union leaders asserted that some employers in the private 
industrial sector dismissed individuals for participation in union 
organizing activities. In 2000 the ILO criticized the Labor Code for 
its failure to include a specific provision providing protection 
against antiunion discrimination at the time of hiring.
    Unions may freely form or join federations or confederations and 
affiliate with international bodies. Each of the principal labor 
federations maintained some fraternal relations with various 
international labor organizations.

    b. The Right to Organize and Bargain Collectively.--The Labor Code 
protects trade union organizing activities and stipulates fines for 
those who interfere with this right but does not provide for 
reinstatement of workers fired for trade union activities. No fines 
were issued during the year. Unions generally were free to pursue their 
goals, although the Government made little effort to enforce the law.
    Organized labor activity was concentrated in the Port-au-Prince 
area, in state enterprises and in the civil service. High unemployment 
rates and antiunion sentiment among some factory workers and most 
employers limited the success of union organizing efforts.
    Collective bargaining was nonexistent, and employers set wages 
unilaterally. The Labor Code does not distinguish between industries 
producing for the local market and those producing for export. 
Employees in the export-oriented assembly sector enjoyed better than 
average wages and benefits. However, frequent verbal abuse and 
intimidation of workers and organizers was a problem in the assembly 
sector. Female workers in the assembly sector reported that some 
employers sexually harassed female workers with impunity. Women also 
reported that while most assembly sector workers were women, virtually 
all supervisors were men. Workers had access to labor courts (Tribunaux 
de Travail) set up to resolve common labor-management disputes. The 
courts function under the supervision of the Ministry of Labor and 
Social Affairs and adjudicate minor conflicts, but unions stated that 
the process is inefficient. Seven labor courts operate in Port-au-
Prince, and in the provinces plaintiffs utilize municipal courts.
    The Labor Code provides for the right to strike, except for 
managers, administrators, other heads of establishments, and public 
utility service workers. The Labor Code defines public utility service 
employees as essential workers who ``cannot suspend their activities 
without causing serious harm to public health and security.'' There 
were few public sector strikes during the year. In May hospital 
residents went on strike to protest lack of supplies and the diversion 
of existing supplies to administrators. When the Government intervened 
and provided additional materials, residents resumed work. On November 
20, emergency room workers at Port-au-Prince's only public hospital, 
the Hospital of the State University of Haiti, went on strike 
protesting a lack of security. That day an armed person entered the 
emergency room, and searched for and killed a patient admitted the 
previous evening. The strike was ongoing at year's end and surgical, 
physician and nursing services had completely stopped.
    There were no export processing zones. However, the Government's 5-
year economic program calls for the creation of two export processing 
zones, one in Cabaret and another in Cap Haitien. The Government passed 
legislation governing free trade zones, and signed an agreement with a 
Dominican textile company to build a production facility in a newly 
established free trade zone on the border near Ouanaminthe. Batay 
Ouvriye vehemently opposed the project and progress has stalled pending 
legislative authorization of the land concession. The authorization had 
not been granted by year's end.

    c. Prohibition of Forced or Bonded Labor.--The Labor Code prohibits 
forced or bonded labor for adults and minors; however, the Government 
failed to enforce this law for children, who continued to be subjected 
to forced domestic labor as restaveks in urban households under 
conditions that amount to slavery (see Sections 5 and 6.d.).
    Most Haitians who work in the Dominican Republic went there freely; 
however, there were cases of trafficking rings coercing Haitian workers 
to work in Dominican sugar cane fields. Internal trafficking in 
children as restaveks was the most serious problem (see Section 6.f.).

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The minimum employment age in all sectors is 15 years, 
with the exception of domestic service, for which the minimum is 12 
years of age. The Labor Code prohibits minors from working under 
dangerous conditions, and prohibits night work in industrial 
enterprises for minors under 18. There is also a legal provision for 
employment of children between the ages of 12 and 16 as apprentices. 
Fierce adult competition for jobs ensured child labor was not a factor 
in the industrial sector; however, children under the age of 15 
commonly worked at informal sector jobs to supplement family income. 
Children also commonly worked with parents on small family farms, 
although the high unemployment rate among adults kept children from 
employment on commercial farms in significant numbers. The Labor Code 
prohibits forced and bonded child labor; however, forced child labor 
was a problem (see Section 6.c.). Government agencies lack the 
resources to enforce relevant laws and regulations effectively. 
According to COHADDE, children worked primarily as domestic servants 
(restaveks); however, some worked on the street as vendors or beggars, 
and some were involved in prostitution (see Sections 5 and 6.f.).
    The Government designated the Ministry of Labor and Social Affairs' 
Social Welfare and Research Institute (IBESR) to implement and enforce 
child labor laws and regulations. The Government did not devote 
adequate resources and oversight to child labor policies. The budget 
for the entire Ministry is far below what is needed to fund adequately 
programs to investigate exploitative child labor cases throughout the 
country.
    The IBESR coordinated efforts with the Ministries of Justice, 
Education, and Foreign Affairs, as well as local and international 
agencies, to formulate and enforce child labor policies. The Government 
signed a Memorandum of Understanding with ILO/IPEC (International 
Program for the Elimination of Child Labor) in 1999. IPEC began a Child 
Labor Project in January 2000, scheduled to end in December, and 
developed a framework of action focusing on institutional capacity 
building, prevention through awareness-raising, and direct assistance 
to victims of child labor. A much-lauded government-sponsored hot line 
for children in crisis operated only during regular business hours and 
had limited resources and access to safe shelters. In August NCHR-New 
York inaugurated a program to prevent the restavek practice, improve 
living conditions for and rescue these children, and reintegrate them 
into society (see Section 6.f.).
    The Government has not ratified and does not adhere to ILO 
Convention 182 on Child Labor. It has not defined ``worst forms of 
child labor'' or ``hazardous work.''

    e. Acceptable Conditions of Work.--The legal minimum daily wage, 
established in 1995 by the Tripartite Commission of Salaried Workers, 
whose six members were appointed by the President (two representatives 
each of labor, employers, and government), is approximately $0.96 (36 
gourdes). This wage was insufficient to provide a decent standard of 
living for a worker and family. Some workers were paid on a piece-rate 
basis, and may earn more than the minimum wage. The majority of 
citizens worked in the informal sector and subsistence agriculture, 
where minimum wage legislation does not apply and wages of $0.40 (15 
gourdes) a day were common. Many women worked as domestic employees, 
where minimum wage legislation also does not apply.
    The Labor Code governs individual employment contracts. It sets the 
standard workday at 8 hours and the workweek at 48 hours, with 24 hours 
of rest on Sunday. However, HNP officers worked 12-hour shifts 6 days 
per week, in apparent violation of the Labor Code. The code also 
establishes minimum health and safety regulations. The industrial and 
assembly sectors largely observed these guidelines. However, the 
Ministry of Social Affairs did not enforce work hours or health and 
safety regulations.
    The assembly sector published a voluntary code of conduct in 1999, 
committing signatories to a number of measures designed to raise 
industry standards, including payment of the minimum wage and the 
prohibition of child labor. Employers in the assembly sector generally 
paid the minimum wage or higher. Working conditions were also generally 
better in this sector. There were no reports of child labor in this 
sector.
    There was no formal data, but unions allege that job-related 
injuries were prevalent in the construction industry and public works 
sectors. With more than 50 percent of the population unemployed, 
workers were not able to exercise the right to remove themselves from 
dangerous work situations without jeopardy to continued employment.

    f. Trafficking in Persons.--The law does not prohibit trafficking 
in persons, and internal trafficking of children was a problem. Haiti 
also was a country of origin for trafficked children. Haitians 
trafficked overseas were sent largely to the Dominican Republic, the 
U.S., Europe (mainly France), and Canada. In August UNICEF reported 
that between 2,000 and 3,000 Haitian children are trafficked to the 
Dominican Republic each year. The findings are the result of a joint 
UNICEF/International Organization for Migration (OIM) study. However, 
most trafficking occurs within the country's borders and involves 
children. Children were primarily trafficked for labor, but some were 
trafficked for purposes of prostitution.
    Rural families continued to send young children to more affluent 
city dwellers to serve as unpaid domestic labor in a practice called 
``restavek'' (``lives with'' in Creole), and frequently received 
financial compensation. The practice of sending children, mainly girls, 
to work as domestic servants in exchange for that child's room and 
board has existed in the country for centuries. While some restaveks 
received adequate care including an education, the Ministry of Social 
Affairs believes that many employers compelled the children to work 
long hours, provided them little nourishment, and frequently beat and 
abused them. The majority of restaveks worked in homes where the yearly 
income was very low, so conditions, food, and education for 
nonbiological children were not priorities.
    In a 1998 study, UNICEF estimated that 250,000 to 300,000 children 
were victims of this form of servitude, although a government-supported 
study reported only 90,000 to 120,000 restaveks. UNICEF reported that 
the average restavek was between 11 and 14 years of age; however, more 
than 20 percent were between the ages 4 and 10, and 85 percent were 
girls. Rape by host family members was reported by 23 percent of these 
girls, 15 percent of whom became pregnant. Nearly 77 percent of all 
restaveks had never attended school. Among those who had, only 2 
percent reached secondary school. The law requires that restaveks 15 
years of age and older be paid not less than one half the amount paid 
to an adult servant hired to perform similar work, in addition to room 
and board. To avoid this obligation, employers dismiss many restaveks 
before they reach that age.
    Most local human rights groups did not consider this practice abuse 
nor did they work to improve the situation of restavek children. The 
Ministry of Social Affairs claimed little power to stop this practice, 
which it regarded as economically motivated and citing a lack of 
financial resources, no longer employed monitors to oversee the welfare 
of restavek children. Society held such children in little regard.
    The Government acknowledged the problem of internal trafficking and 
took steps to address it, despite severe resource constraints. The 
Government devoted the bulk of its entire social welfare budget to 
combating the trafficking of children. For example, the Government ran 
a media campaign to prevent the mistreatment of children and maintained 
a hot line for victims. However, these efforts resulted in the removal 
of less than 200 children from abusive households during the year. 
Government officials placed rescued victims in shelters and in the care 
of local NGOs. The ILO, at the Government's request, is developing a 
framework to address the gap between practice, national legislation, 
and international standards with regard to combating trafficking in 
children. There was no evidence that the authorities were complicit in 
trafficking.

                              ----------                              


                                HONDURAS

    Honduras is a constitutional democracy, with a president and a 
unicameral congress elected by separate ballot for 4-year terms. The 
multiparty political system is dominated by two traditional parties, 
the Nationalists and the Liberals. In November 2001, voters elected 
Ricardo Maduro of the Nationalist Party president in elections that 
domestic and international observers judged to be generally free and 
fair. The Constitution provides for an independent judiciary; however, 
the judiciary is poorly staffed and equipped, often ineffective, and 
subject to corruption and political influence.
    The Honduran Armed Forces (HOAF) include the army, the air force, 
and the navy. A 1999 constitutional amendment established direct 
civilian control over the armed forces through a civilian Minister of 
Defense. The amendment also replaced the position of the armed forces 
commander in chief with that of Chief of the Joint Staff. In 2001 the 
Organic Law of the Armed Forces solidified civilian control over the 
military, a process that took a decade. The National Preventive Police 
(formerly a paramilitary force known as the FUSEP) were placed under 
civilian control in 1997. The Ministry of Public Security oversees 
police operations, and the police are responsible for all public 
security issues. The military are authorized to support law enforcement 
activities with police upon presidential directive. During the year, 
nearly half of all military personnel were assigned continuously to 
joint patrols with police to prevent and combat high levels of criminal 
and gang activity. The civilian authorities maintained effective 
control of these joint security forces. The police committed most human 
rights abuses during the year; however, the military committed abuses 
in the past.
    The market economy is based primarily on agriculture and, 
increasingly, on the maquiladora (assembly manufacturing for export) 
industry. The country has a population of 6.5 million. Approximately 33 
percent of the labor force works in agriculture, followed by 24 percent 
in commerce, and 15 percent in manufacturing. The principal export 
crops are coffee and bananas; these, along with ``value added'' income 
from the maquiladora industry and remittances from citizens living 
abroad, are the leading sources of foreign exchange. Nontraditional 
products, such as melons, pineapples, and shrimp, play a growing role 
in the economy. Economic growth remains muted due to record low 
worldwide coffee prices and sluggish activity in the maquiladora 
sector. The Central Bank estimated growth for the year at 2.0 percent. 
About two-thirds of the country's households live in poverty, and 40 
percent of the population lives on less than $1.00 per day.
    The Government generally respected the human rights of its 
citizens; however, there were serious problems in some areas. Members 
of the police committed extrajudicial killings. Well-organized private 
and vigilante security forces were believed to have committed a number 
of arbitrary and summary executions. Human rights groups accused former 
security force officials and the business community of colluding to 
organize ``death squads'' to commit extrajudicial, summary, and 
arbitrary executions, particularly of youth. Security force personnel 
beat and otherwise abused detainees and other persons. Prison 
conditions remained harsh, and detainees generally did not receive due 
process. There was considerable impunity for members of the economic, 
military, and official elite. A weak, underfunded, and often corrupt 
judicial system contributed to human rights problems. Although the 
courts considered allegations of human rights violations or common 
crimes against armed forces personnel, and some cases went to trial, 
there were few, if any, convictions. While no senior government 
official, politician, bureaucrat, or member of the business elite was 
convicted of crimes, a number were under investigation during the year. 
The Government removed or demoted some military officials, police 
officers, police agents and investigators, and judges from office on 
corruption and other charges. With the full implementation of the new 
Criminal Procedures Code and an oral accusatory system, lengthy 
pretrial detention in new cases was less common than in the past; 
however, cases from previous years remained subject to delays. On 
occasion the authorities conducted illegal searches. Other human rights 
problems included violence and discrimination against women, child 
prostitution, abuse of children, discrimination against indigenous 
people, and trafficking in persons. The Government did not enforce 
effectively all labor laws. Many workers in the private sector were 
forced to work unpaid overtime. Child labor was a problem, particularly 
in rural areas, in the informal economy, and in some export 
agriculture, but generally not in the export-processing sector. 
Honduras 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 government agents; however, members of 
the security forces were suspected of direct involvement in 
approximately 24 of the estimated 1,250 extrajudicial, arbitrary, and 
summary killings of youth under age 22 and minors from 1998 to June.
    There was a slight improvement in the Government's ability to 
investigate or prosecute suspects in the killings of children and 
youth. According to the nongovernmental organization (NGO) Casa 
Alianza, information on murders collected from press reports show that 
the average number of killings of children and youth through June 
increased by 16 percent over the first 6 months of 2001, rising from 
197 to 230 murders. During the first 6 months of the year, the average 
number of killings of children by firearms increased 46 percent from 52 
minors in 2001 to 76 in 2002. During the year, no perpetrator was 
identified in an average of 60-70 percent of the killings; gangs were 
suspected in 15-20 percent of killings; police, private guards, or 
neighborhood vigilante groups were suspected in 5 percent of killings, 
and 10-15 percent of killings were drive-by shootings usually involving 
a truck, often without license plates. A majority, but by no means all, 
of the victims were gang members. According to Casa Alianza, 549 
children and youth age 23 and under were killed during the year.
    In April unknown persons killed two youths and an adult in a sugar 
cane field outside San Pedro Sula after they were forced into a gray 
pickup by six heavily armed men dressed in bullet proof vests and 
showing police identification. One of the youths was suspected by 
police of gang activity. On May 12, assailants armed with AK-47s who 
were driving a red pickup in Tegucigalpa, shot and killed two youths, 
ages 18 and 21, with no known gang or criminal background and wounded 
three other persons. On September 25, a group of armed men in a pickup 
murdered five youths in Tegucigalpa, mimicking a 1995 torture and 
murder of youths. The 1995 case was under consideration by the Inter-
American Commission on Human Rights (IACHR) (see Section 1.c.).
    In a January report on violent deaths of children and youths, the 
National Human Rights Commission, an autonomous government agency, 
reviewed the evidence and interviewed youths in detention who had been 
threatened or who had survived an attempted killing. Those who survived 
attacks identified the perpetrators as police or as heavily armed older 
men in vehicles who would either confuse the victims with gang signs or 
ask victims to take off shirts to show whether the victims had gang-
related tattoos. In early September, the Ministry of Public Security 
established a special investigative unit on child murders to follow 
through on cases. Casa Alianza provided information on 15 cases of 
murders of minors in which police were suspected of involvement. As a 
result of the investigations, in October the authorities arrested 
Walter Enrique Moncada Duarte, a former policeman, for the 1999 murder 
of minor Alexander Reyes. In September the IACHR Special Rapporteur for 
Children visited the country to review the situation of extrajudicial, 
arbitrary, and summary killings of youths and children. In September 
the U.N. Special Rapporteur on Extrajudicial, Arbitrary, and Summary 
Executions released a report based on her August 2001 visit that 
claimed that security forces were involved in covering up their 
involvement in some of the summary killings of youth and children, and 
that some of the murders involved police. In October a special inter-
agency Presidential Commission, consisting of the Ministry of Justice 
and government, the Attorney General, the Institute for Family and 
Children, the Human Rights Commission, and the nongovernmental 
Institutional Coordinator of Child Rights Group issued a report that 
identified 574 cases of summary killings of minors and 18-year-olds, of 
which 140 occurred in the first half of the year and 276 occurred in 
2001. Despite increased attention to the problem by the Government, 
perpetrators of killings against youth and minors continued to act with 
impunity.
    Human rights groups alleged that individual members of the security 
forces worked with civilian (including vigilante) groups and used 
unwarranted lethal force against supposed habitual criminals or 
suspected gang members, as well as against other youths not known to be 
involved in criminal activity. Several groups and families of the 
victims pushed for investigations into specific incidents, while others 
claimed to have provided public prosecutors with evidence of collusion 
between police elements and business leaders with regard to these 
murders. The Ministry of Public Security, which was the focus of human 
rights criticism, publicly denied accusations that the police force as 
a whole was involved in extrajudicial killings, although it 
acknowledged that individual police had been investigated for 
participation in extrajudicial killings.
    In September the Director of Internal Affairs of the police force 
announced that she would continue investigating high-level officials 
whom she alleged had been involved either directly or indirectly in at 
least 20 extrajudicial killings, not necessarily of youths, over the 
previous 4 years (see Section 1.c.). During the year, the authorities 
sought or detained a number of police officials for their involvement 
in the killings of various individuals, some of whom were minors. There 
is an outstanding arrest warrant for police officer Juan Carlos Bonilla 
who is wanted for suspected involvement in an extrajudicial killing. At 
year's end he had not been arrested.
    On August 26, presumed members of an organized crime gang, the 
Barrera Herrera brothers, killed human rights activist Jose Santos 
Callejas, treasurer of the local office of the national NGO Human 
Rights Committee, in his home near the city of La Ceiba. Preliminary 
investigations indicated that the gang had threatened Callejas after he 
positively identified them to the police as having committed a murder. 
Police authorities and the Human Rights Committee were investigating 
the involvement of individual police officers in Callejas' killing. At 
year's end, no suspects had been captured.
    In May a minor died in custody, supposedly of asthma. He showed 
signs of mistreatment, and there was no autopsy. The Ministry of Public 
Security reported that the minor had been in the custody of the Public 
Ministry. No action had been taken by the end of the year. In May 
prison guards shot and killed three prisoners during a prison riot 
between gangs and the regular prison population in Choluteca. There 
were a number of other deaths due to prison violence (see Section 
1.c.).
    There were no developments in the February 2001 murder case of the 
son of a Potrerillos, Cortes department, mayoral candidate and his 
friend.
    There was no more information on the November 2001 case of police 
involvement in the killing of the Chorti indigenous person Isidro 
Geronimo during a demonstration.
    At year's end, no suspects were under arrest for the November 2001 
murder of Nationalist Party congressional candidate Angel Pacheco Leon 
in Valle department.
    In April the courts sentenced policeman Cesar Montoya to 6 year's 
imprisonment for the January 2000 killing of 17-year-old Edie Donaire. 
Police agents illegally detained the boy, handcuffed him for 2 days, 
and shot him in the legs when he attempted to escape. He then bled to 
death. This was the first sentence imposed for the murder of a minor 
since tracking of the youth killings began in January 1998. However, 
Casa Alianza protested what it alleged was a light sentence. In 
September the courts sentenced a policeman to 24 years in prison for 
the 1995 rape and murder of a 14-year-old street child. These two 
sentences signaled a reversal in the trend of impunity for police 
officials in extrajudicial killings.
    Approximately 20 active and former military and police officials 
continued to face criminal charges on human rights abuses during the 
1980s in various courts during the year. Most officials were accused of 
illegal detention and murder because disappearance is not a crime under 
the new or previous criminal codes (see Section 1.b.). Human rights 
abuses committed before March 1985 are adjudicated under the 1906 
Criminal Code. Crimes after that date were prosecuted and judged under 
the new Criminal Code as revised in 1997 and 1999. Courts do not accept 
cases if the body of the victim has not been recovered and positively 
identified. An identified body allows families and human rights 
organizations to bring a case of suspected human rights abuse to court. 
There were no exhumations of clandestine graves during the year. Human 
rights organizations believed that more uncovered graves do exist; 
however, they need to have sufficient evidence to identify the buried 
bodies in suspected graves to improve the likelihood of successful 
prosecution. Human rights organizations continue to seek information 
using grass-roots contacts and other sources outside the Government 
that would lead to exhumations that would advance prosecutions.
    In May and July, police arrested Jose Angel Rosa and Jorge Adolfo 
Chavez Hernandez, a former member of Battalion 3-16, for the 1998 
murder of environmental activist and Catacamas town councilman Carlos 
Antonio Luna Lopez. The arrests occurred after both the prosecuting 
attorney and judge in the case received death threats. In May the local 
judge resigned from the court because of these death threats. At the 
end of the year, former security official Jose Marcos Hernandez 
Hernandez and two other suspects remained at large. One other suspect 
in the murder, Oscar Aurelio ``Machetillo'' Rodriguez Molina, remained 
in prison at year's end.
    Various witnesses, survivors, and former HOAF personnel charged 
that members of the now-disbanded army Intelligence Battalion 3-16 
kidnaped, tortured, and killed many of the 184 persons who disappeared 
during the 1980s. The Public Ministry was not able to bring new cases 
to court due to lack of evidence (see Section 1.b.).
    There was no action in the 1988 political murders of social 
activists Miguel Angel Pavon and Moises Landaverde; in 2000 a court 
issued an arrest warrant for suspect Jaime Ramirez Raudales, also known 
as Jaime Rosales, a former member of Battalion 3-16; however, he 
remained at large at year's end. Mario Astrubal Quinonez, another 
suspect in the murders, was presumed dead after a 1998 hurricane swept 
away the neighborhood where he lived.
    The 1982 case of Nelson MacKay Echevarria and Miguel Francisco 
Carias is one of the best-documented cases and includes witnesses; 
however, charges against both of the retired officials accused in the 
case were dropped. In 2001 a judge dismissed charges against retired 
Colonel Alexander Hernandez Santos due to insufficient evidence for the 
illegal detention and murder of MacKay, as well as charges stemming 
from the kidnaping of Carias, who was found alive next to MacKay's 
corpse (see Section 1.c.). In January Hernandez Santos was released 
from prison when charges in the Avilez and Espinoza case were dismissed 
temporarily and charges in the illegal detention and attempted murder 
of six university students were reduced (see Section 1.c.). Charges 
against retired Major Manuel de Jesus Trejo Rosa were dismissed and 
Trejo Rosa was released from prison in 2001.
    No information was available regarding the Public Ministry's appeal 
to reinstate charges against retired General Daniel Bali Castillo and 
retired Colonel Manuel Enrique Suarez Benavides for the 1982 deaths of 
Adan Avilez Funez and Nicaraguan citizen Amado Espinoza Paz. In January 
Alexander Hernandez Santos, also wanted for involvement in the murders, 
was freed on bail due to a lower court's decision. In May the appeals 
court overturned the lower court's decision and reissued an arrest 
warrant for Hernandez Santos, who was also implicated in the MacKay 
murder and the kidnaping of six university students (see Section 1.c.). 
At the end of the reporting period, Santos remained at large. In early 
May, the Choluteca district court reissued a 1996 arrest warrant for 
Juan Evangelista Lopez Grijalba, but subsequently rescinded it in late 
May for lack of evidence. The Public Ministry appealed the decision, 
but the appeals court upheld the lower court's decision. The Public 
Ministry then appealed the appeals court ruling to the Supreme Court, 
where it was pending at year's end. The case against former police 
Major Marco Antonio Matute Lagos was dismissed for lack of merit in 
1999.
    Former security officials Jose Marcos Hernandez Hernandez, Dimas 
Carvajal Gomez, German Antonio McNeill Ulloa, and Juan Blas Salazar 
Meza remained in custody during the year to begin trial proceedings for 
the 1982 murder of student activist Luis Manuel Figueroa in Choluteca 
department. On April 22, Salazar Meza turned 60 and thus was eligible 
to be transferred to house arrest. He was released from prison after 
paying a $3,000 (50,000 Lempiras) fine on an unrelated drug trafficking 
conviction. The case went to full trial review, and the four officials 
were awaiting sentencing at the end of the year. Salazar Meza also was 
questioned for his involvement in the kidnaping of six university 
students (see Section 1.c.).
    In the July 1982 murder case of university student Hans Madisson, 
the Public Ministry requested that the Canadian government provide 
testimony of witnesses who had fled the country and applied for asylum 
in Canada. At year's end, the Public Ministry had not received a 
response to the request for further DNA testing to identify positively 
the body and to continue the case against Captain Billy Joya Amendola, 
which was dismissed for lack of evidence in May 2001. There was no 
information available regarding the Public Ministry's appeal of a 1999 
ruling by a lower court that found former army Chief of Staff Oscar 
Hernandez Chavez not guilty in the same case.
    During the year the Public Ministry charged Jose Barrera Martinez, 
a witness in cases related to Billy Joya Amendola and Alexander 
Hernandez Santos, with providing false testimony. Barrera rescinded his 
original written testimony regarding clandestine graves and human 
rights cases, which he used to request asylum in Canada. When Barrera 
was deported from Canada in 2001, he declared that his original 
testimony was false, even though that information led to the uncovering 
of clandestine gravesites.
    Violent crime continued to fuel the growth of private, often 
unlicensed guard services, and of volunteer groups that patrolled their 
neighborhoods or municipalities to deter crime. During the year there 
was an average of 3 to 10 violent deaths per day. Vigilante justice led 
to the killing of known and suspected criminals, as well as of youth in 
gangs, street children, and youth not known to be involved in criminal 
activity (see Section 5). Neighborhood watch groups called Citizen 
Security Councils (CSCs) originally were authorized by a previous 
Minister of Security, and some of them were accused of taking the law 
into their own hands. Human rights groups criticized the CSCs, which 
they viewed as active participants in the increasing number of unlawful 
and summary killings. Human rights activists continued to state 
publicly their belief that some of the CSCs, as well as private 
security companies with ties to former military or police officials, 
were acting as vigilantes or death squads, especially targeting youth, 
with the tacit complicity of the police. According to human rights 
groups, the CSCs with the greatest number of incidents of violent 
deaths committed by vigilante committees were in the municipalities 
surrounding San Pedro Sula. The Ministry of Public Security announced 
that it would work with city officials to assure that vigilante 
committees not operate with official support. In June the Ministry of 
Public Security announced that all arms, including those of private 
security firms, would have to be registered.
    In September the Attorney General declared that violent deaths 
overall were 10 percent less than the previous year. He rejected the 
idea that death squads were involved in killing youth and children; 
however, he acknowledged that individual police and vigilante groups 
were involved in some killings.
    Several ``murders for hire'' occurred during the year, usually 
related to land disputes or criminal activities. In April four landless 
farmers were killed and one guard was injured when the farmers 
attempted to take over land also claimed by a subsidiary of an 
international company. There was no information on the proceedings at 
year's end.
    No more information was available regarding the 2001 murders of the 
Peralta Torres family, farmers' cooperative president Felix Roque, or 
Carlos Flores, nor the suspicious death of farmers' cooperative 
president Jose Antonio Santos Lopez. There were no developments in the 
2000 murder cases of social activist Jairo Amilcar Ayala Nunez; 
community leader Ruben Elvir; forestry cooperative officials Marciano 
Martinez Ramirez and Victor Manuel Almendares; or of the 2000 murders 
of Concepcion Alvarez and his family, Copan mayor Hugo Alvarado, or the 
1999 murder of Cabanas mayor Juan Ramon Alvarado--all of whom were 
killed in land disputes.
    No more information was available on the March 2000 murders of 
Chorti indigenous Vicente Ramirez, Enecon Ramirez, Antonio Garcia, and 
Domingo Mejia.
    The October 2000 complaint filed by Casa Alianza with the IACHR 
regarding the illegal detention and murder by police of four youths in 
1995 remained under investigation by the Commission at the end of the 
year. During the year, Casa Alianza appended a 1998 case to the 1995 
IACHR complaint for the torture and murder of two minors in Progreso in 
which police were suspected of involvement. Casa Alianza had a total of 
six cases before the Commission.
    In December the authorities reported that gang members killed at 
least 10 police officers during the year. On November 17, members of a 
gang shot and killed a police investigator near his home in 
Comayaguela. A search led to the capture of 5 gang members in 
possession of a list containing the names of approximately 20 police 
officers that they had allegedly planned to kill in the next few days.

    b. Disappearance.--The law does not prohibit forced disappearance; 
however, there were no reports of disappearances during the year.
    There were no developments in the June 2001 case of former 
guerrilla Rigoberto Martinez Lagos. He was seen last leaving his house 
in Tegucigalpa to meet a police investigative agent regarding a stolen 
car. According to human rights groups, when his wife called the 
telephone number that he had provided, she spoke with police who 
assured her that he would return.
    In cases where significant information is available, but no body 
has been identified, the Public Ministry's Human Rights office attempts 
to uncover evidence that could lead to clandestine graves. During the 
year, the Public Ministry requested information on the 1988 
disappearance of student activist Carlos Roberto Velasquez Ilovares 
from the HOAF, but the Ministry found nothing. Only a few bodies were 
found of the 184 persons who have been documented as disappearances. 
There was no change in status in the 1988 disappearance of Roger 
Gonzalez Zelaya or the 1981 disappearance of Jose Eduardo Lopez.
    There were no exhumations during the year. The courts adjudicated 
some pending cases involving political disappearances from the 1980s as 
murders (see Section 1.a.).

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture; however, there were 
isolated instances in which officials employed such practices. In 
addition, police beatings and other alleged abuses of detainees 
remained problems.
    The police force, which includes the Preventive Police and the 
Criminal Investigative Unit (DGIC), is subject to investigation by the 
Internal Affairs office regarding illegal activities. The Internal 
Affairs office reports to the Attorney General's office, where a 
decision is made either to prosecute the offender or to return the case 
to the Minister of Security for administrative action. The Preventive 
Police and the DGIC each have an Office of Professional Responsibility 
(OPR), which conduct internal reviews of police misconduct such as off-
duty criminal conduct and ethics violations. An OPR ruling is reported 
to the Minister of Security, who can take disciplinary action or direct 
a supervisor to decide upon disciplinary action for minor infractions. 
During the year, the Minister of Security moved the OPR to a limited 
access area, which drastically reduced the number of complaints that 
individuals lodged against police during the year.
    The Ministry of Public Security fired more than 300 police 
personnel in both the DGIC and the Preventive Police for corruption, 
criminal activity, and abuse of authority. During the year, the Organic 
Police Law was enacted, which allows security officials and agents to 
be fired without requiring proof of incompetent, corrupt, or abusive 
behavior. In September the Director of Internal Affairs of the police 
force announced that high-level officials had been involved either 
directly or indirectly in at least 20 extrajudicial killings of 
presumed delinquents (see Section 1.a.). At the end of the reporting 
period, the Attorney General's office had begun bringing some cases to 
prosecution. During the year, the Public Ministry also investigated 
complaints of prison abuse.
    A public feud between the Public Ministry and the Security Ministry 
continued to create friction. While local prosecutors were able to work 
in police stations, they did not always maintain good relations with 
the police investigators.
    No more information was available regarding the three army officers 
who were under investigation for having beaten and threatened eight 
recruits in 2000.
    In June 2000, the Supreme Court ruled that illegal detention and 
attempted murder, of which some military officials were accused, were 
not covered by the 1987 and 1991 Amnesty Laws, a ruling that allowed 
for the criminal prosecution of military officers accused of the 1982 
kidnaping and torture of six university students (see Section 1.e.). As 
a result of the ruling, amnesty laws were no longer applicable in this 
case for: Alexander Hernandez Santos, Juan Blas Salazar Meza, Manuel de 
Jesus Trejo Rosa, Juan Evangelista Lopez Grijalba, retired Captain 
Billy Hernando Joya Amendola, retired General Amilcar Zelaya Rodriguez, 
Roberto Arnaldo Erazo Paz, Jorge Antonio Padilla Torres, and Colonel 
Julio Cesar Funez Alvarez.
    In November 2001, the court reduced the charges faced by retired 
Colonel Alexander Hernandez Santos to illegal detention only, and 
dropped the charges for attempted murder, for his participation in the 
kidnaping and torture of six university students in 1982. In January 
Hernandez was released from prison; however, he is wanted in the 1982 
Avilez and Espinoza murders (see Section 1.a.). At year's end, Juan 
Blas Salazar Meza was under house arrest and being questioned for his 
participation in the illegal detention of the six students. He did not 
qualify for bail because he was awaiting sentencing in the 1982 murder 
of Luis Miguel Figueroa (see Section 1.a.). At year's end, retired 
Captain Billy Joya Amendola was free on bail while awaiting further 
questioning. In May the District Attorney's office requested that the 
court issue arrest warrants for two retired colonels, Juan Evangelista 
Lopez Grijalba and Julio Cesar Funez Alvarez, in the case of the six 
university students, but the courts had not issued the requested arrest 
warrants by year's end. Retired General Amilcar Zelaya Rodriguez, the 
owner of the property in the Amarateca Valley of Francisco Morazan 
department where the 1982 incidents occurred, was under house arrest at 
year's end, under charges of complicity. During the year there was an 
outstanding arrest warrant for Roberto Arnaldo Erazo Paz. Manuel de 
Jesus Trejo Rosa was released on bail in 2000. Charges against Jorge 
Antonio Padilla Torres were dropped in 2001 due to lack of evidence. 
All charges against Juan Ramon Pena Paz were dropped; he was accused 
wrongly because he shared the same last name as another suspect.
    The Public Ministry's appeal of the decision to drop charges 
against Alexander Hernandez Santos and Manuel de Jesus Trejo Rosa for 
the 1982 kidnaping of Miguel Francisco Carias was pending at year's end 
(see Section 2.a.).
    Police occasionally used force against demonstrators; in May and in 
August, a number of persons were injured (see Section 2.b.).
    In May the December 2001 Police and Social Order Law took effect. 
The new law defines the different roles of national and municipal 
police and describes the activities that police undertake. The law 
outlines when police can use force and when they should assist 
citizens, limits how demonstrations can be carried out (see Section 
2.b.), gives authority to police to remove landless farmers who take 
over land, and defines public order. It allows prostitution, but 
outlaws brothels, madams, and pimps, while offering rehabilitation (see 
Section 5). The law permits police to detain gang members, drunkards, 
truants, and vagrants without warrants, and to fine parents who deny 
education to their children. During the year, police carried out two 
operations in June and September in which they rounded up 200-300 
minors and adults loitering in the streets and detained them for a day, 
putting the adults to work on street cleaning. Human rights and gay 
rights organizations criticized the new law, alleging that it 
restricted freedom of assembly.
    In a number of instances, the security forces actively dislodged 
farmers and indigenous groups from lands in dispute. Sometimes this 
government action was legitimate, because the National Agrarian 
Institute (INA) did not substantiate the farmers' and indigenous 
groups' claims under land reform laws or ancestral titles. In other 
cases, the action taken in support of local landowners who exercised 
undue influence over local security officials, including in some cases 
obtaining a legal order when the justification for the order was 
questionable (see Sections 1.a., 1.f., and 5).
    The police forces are underfunded, undertrained, and understaffed, 
and corruption is a serious problem. There is widespread public 
frustration at the inability of the security forces to prevent and 
control crime. During the year, under the new administration, police 
and military jointly patrolled the streets and petty crime fell 
significantly. While gang violence and intimidation on the streets 
declined, gangs continued to intimidate, threaten, and rob passengers 
on public transportation. Kidnapings of the wealthy and well-known 
continued at the same rate as in 2001, but more perpetrators were 
identified and prosecuted compared with the previous year. While 
investigation into crimes improved during the year, the public 
continued to believe that corrupt security personnel were complicit in 
the high crime rate (see Section 1.a.).
    The Law of the Rehabilitation of the Delinquent establishes 
regulations for prison conditions, including minimum conditions of 
sanitation and security for prisoners; however, prison conditions were 
harsh and prison security was poor. The Ministry of Public Security 
maintains prison facilities. Retired military officers work as guards 
in some areas, and some Preventive Police are used as guards. Prisoners 
suffered from severe overcrowding, malnutrition, and a lack of adequate 
sanitation, and allegedly were subjected to various other abuses, 
including rape by other prisoners. Pretrial detainees generally were 
not separated from convicted prisoners. The 24 penal centers held over 
12,500 prisoners, more than twice their intended capacity; more than 88 
percent of all prisoners were pretrial detainees (see Section 1.d.). 
Prison escapes, through bribery or other means, remained a frequent 
occurrence. In May prison guards shot and killed three prisoners in a 
prison riot between gangs and the regular prison population in 
Choluteca. About 3 percent of prisoners were thought to be gang 
members.
    Prison disturbances, caused primarily by harsh conditions and 
intergang violence, occurred throughout the year in the larger 
facilities of San Pedro Sula, Tegucigalpa, and Choluteca. A number of 
gang members were killed in prison, reportedly by other gangs. In 
January convicted kidnaper Javier Cruz was found hanged in his cell in 
San Pedro Sula; a criminal court was investigating the incident at 
year's end. There were no developments in the two San Pedro Sula prison 
hangings from 2001. During the year, prison authorities continued to 
move prisoners of opposing gangs into different facilities to reduce 
intergang tensions and violence.
    More often than not, for lack of alternative facilities, wardens 
housed the mentally ill, although there is a National Mental Hospital, 
and those with tuberculosis and other infectious diseases among the 
general prison population. In July the National Human Rights Commission 
and the Special Prosecutor for Human Rights accused prison officials of 
using excessive force against prisoners. Practices reported include 
beatings, isolation, threats, electric shocks, and immersion in water.
    A 2001 National University's Medical College study reported a 7 
percent HIV/AIDS infection rate among prisoners. Male prisoners with 
money routinely bought private cells, decent food, and permission for 
conjugal visits, while prisoners without money often lacked basic 
necessities, as well as legal assistance. The prison system budgets 
about $0.50 (8.13 lempiras) per day for food and medicine for each 
prisoner. Prisoners were allowed visits and in many cases relied on 
outside help to survive, as the prison system could not provide 
adequate or sufficient food.
    During the year, the warden of the Tela prison who was accused of 
abusive treatment was moved to a different position.
    The NGO Human Rights Committee continued government-funded programs 
to train police and prison personnel to avoid committing acts of 
torture, to train and rehabilitate prisoners, and to arrange for 
periodic inspections of prisons. The Center for the Prevention, 
Treatment, and Rehabilitation of Victims of Torture and Their Families 
provided health and social services to prisoners in the main 
penitentiary in Tamara.
    The Government delayed its plan for a model prison farm due to 
budget constraints.
    Women generally were incarcerated in separate facilities under 
conditions similar to those of male prisoners; however, female 
prisoners do not have conjugal visit privileges. Four percent of the 
prison population was female. Children up to age 2 can live with their 
mothers in prison.
    The Government operates juvenile detention centers in Tamara, El 
Carmen, and El Hatillo; all are located in or near Tegucigalpa or San 
Pedro Sula. Although there was a lack of juvenile detention facilities, 
minors were detained infrequently in adult prisons. In May a minor died 
of asthma while being held in an adult cell (see Section 1.a.). Casa 
Alianza reported that the Government responded quickly to complaints of 
minors in adult prisons and no longer routinely housed juvenile 
offenders in adult prisons. The Government and Casa Alianza agreed to 
earmark $182,000 (3 million lempiras) compensatory payments under an 
IACHR agreement to assist juvenile offenders. Approximately 24 of the 
300 juvenile offenders who served time in adult prisons from 1995 to 
1999 were compensated.
    There were no developments in the Casa Alianza complaint to the 
Inter-American Court of Human Rights regarding four minors tortured in 
a Comayagua prison in 1990.
    The Government generally permitted prison visits by independent 
human rights observers. The 2001 order by the General Director of 
Prisons barring access to district attorneys had not been implemented 
by the end of the year.

    d. Arbitrary Arrest, Detention, or Exile.--The law provides for 
protection against arbitrary arrest and detention; however, the 
authorities occasionally failed to observe these prohibitions. The law 
states that the police may arrest a person only with a court order, 
unless the arrest is made during the commission of a crime, and that 
they must clearly inform the person of the grounds for the arrest. The 
Preventive Police detain suspects and can investigate only petty 
crimes. The police must bring a detainee before a competent authority 
within 24 hours; the judge or district attorney then must issue an 
initial, temporary holding order within 24 hours, make an initial 
decision within 6 days, and conduct a preliminary investigation to 
decide whether there is sufficient evidence to warrant further 
investigation. Less stringent rules of detention apply when the police 
catch a suspect in a criminal act; in that case, the authorities may 
hold a suspect for up to 6 days before a temporary holding order is 
issued.
    While bail is legally available, it is granted primarily for 
medical reasons; however, procedures in such cases are confused and 
unclear. Poor defendants, even when represented by a public defender, 
seldom are able to take advantage of bail (see Section 1.e.). Lengthy 
pretrial detention was a serious problem; during the year, an estimated 
88 percent of the prison population was awaiting trial and sentencing 
(see Section 1.c.).
    The 1996 Unsentenced Prisoner Law mandates the release from prison 
of any detainee whose case has not come to trial and whose time in 
detention exceeds the maximum prison sentence for the crime of which he 
is accused. However, the antiquated criminal justice system, judicial 
inefficiency and corruption, and lack of resources clog the criminal 
system with pretrial detainees, many of whom already have served time 
in prison equivalent to the maximum allowable for the crime of which 
they were accused. In April 2000, the Government estimated that as many 
as 3,017 prisoners qualified for release under the Unsentenced Prisoner 
Law, that 3 officers were required to monitor each detainee, and that 
the annual cost of enforcing this law was approximately $6.7 million 
(100 million lempiras). The Criminal Procedures Code that went into 
full effect in February limits pretrial detention to 1 year if the 
greatest penalty for a crime is less than 6 years and to 2 years if the 
penalty for the crime is 6 years or greater. The Code is not 
retroactive, so individuals who have already served their sentence but 
whose case has not been reviewed will remain in jail until the judge 
reviews the case. Many prisoners under the old system remained in jail 
after being acquitted or completing their sentences, due to the failure 
of responsible officials to process their releases. The new Code allows 
house arrest until trial of persons over the age of 60 accused of 
nonfelony crimes, women who are pregnant or lactating, and the 
terminally ill.
    Neither the Constitution nor the Legal Code explicitly prohibits 
exile, but it was not used as a means of political control.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary was poorly staffed and 
equipped, often ineffective, and subject to corruption. While the 
Government respected constitutional provisions in principle, 
implementation was weak and uneven in practice. A number of factors 
limited the effectiveness of the system. Both the judiciary and the 
Public Ministry suffered from inadequate funding; low wages and lack of 
internal controls made judicial and law enforcement officials 
susceptible to bribery; and powerful special interests still exercised 
influence and often prevailed in the courts. Many elected politicians 
enjoy constitutional immunity due to the privilege of their office. 
During the year the full application of the Criminal Procedures Code 
and the establishment of a new Supreme Court slightly improved the 
judicial system.
    The Constitution provides for the right to a fair trial. This right 
improved in practice over the year with the full implementation of the 
Criminal Procedures Code. The new code establishes an oral accusatory 
system to replace the written, inquisitorial trial system for all new 
criminal cases. Trials are decided by three judges, one at each stage 
of the trial. The new system allows for plea-bargaining and for all 
indigent suspects to have appointed legal counsel. The Government began 
oral proceedings in May. The new code works on the basis of the 
presumption of innocence, the right to a public trial, and respect for 
the dignity and liberty of the accused. It also expressly prohibits 
incarceration without a judicial order. Since the implementation of the 
new code, there was some improvement in the legal system's fairness 
toward those charged with crimes.
    An accused person has the right to an initial hearing by a judge, 
to bail, to an attorney provided by the State if necessary, and to 
appeal. The rights of defendants often were not observed under the 1984 
Code. Under the 1984 Code, all stages of the trial process were 
conducted in writing and, at the judge's discretion, could be declared 
secret and, thus, even less public than normal. All trials are public 
under the new Code.
    The April 2001 constitutional amendment to restructure the Supreme 
Court and create an independent judiciary took effect during the year. 
In January a special nominating committee representing 5 sectors of 
civil society (one representative each from labor unions, employer 
associations, civil society, the bar association, and the human rights 
ombudsman), selected 45 nominees from more than 200 applicants for a 
new 15-member, seven-year-term Supreme Court. The Congress then 
selected 15 judges from the 45 nominees, and on January 25, the 
magistrates took the oath of office. The Supreme Court, in turn, names 
all lower court judges. There are 10 appeals courts, 67 courts of first 
instance with general jurisdiction, and 326 justice of the peace courts 
with limited jurisdiction. Human rights groups expressed concern that 
the 8-7 split between the Nationalist and Liberal Parties on the court 
was not likely to depoliticize Supreme Court appointments. In May the 
courts were reorganized to divide case management into two systems, one 
following the old, written administrative court procedures, and the 
other following the new, oral accusatorial method of the Criminal 
Procedures Code. During the year, 35 percent of 140,000 pending cases 
under the previous procedure were dismissed or resolved; however, no 
system was in place to release pretrial detainees affected by the 
closure of these cases. Through September the new system registered 
8,000 cases, of which 800 were in trial proceedings at year's end. On 
November 5, the Supreme Court named a new Court of Appeals in 
Tegucigalpa, after having ousted the entire three-member court on 
October 23 in the midst of allegations of corruption and impropriety. 
The Supreme Court also replaced judges in San Pedro Sula who were 
accused of corruption.
    On December 4, the Supreme Court took the first step in analyzing 
constitutional amendments proposed by Congress that would give Congress 
unfettered power to interpret the constitutionality of laws that it 
passes. The Constitutional Chamber of the Court asked Congress to 
explain why it attempted to alter the Constitution in a manner that 
ostensibly usurped traditional judicial authority. If the amendments 
become effective, the judiciary will lose its authority to construe the 
Constitution, and Congress will be free to interpret the 
constitutionality of laws with a two-thirds majority vote. In November 
the National Human Rights Commission filed a lawsuit asking that the 
Supreme Court declare the proposals unconstitutional and in violation 
of the separation of powers provision in the Constitution.
    The new Criminal Procedures Code gave the Public Ministry the 
responsibility to initiate criminal proceedings but left the 
investigative police in charge of investigations. Under the old system, 
which remained in effect for crimes committed before February, judges 
were in charge of investigations, as well as of trials and sentencing. 
Under the 1984 Code of Criminal Procedures, judges, the police, public 
officials, and individual citizens can initiate criminal proceedings. 
The lack of clear duties under the 1984 code created friction between 
the police and the prosecutors after the establishment of the Public 
Ministry in the mid-1990s.
    Under the 1984 code, defendants and their attorneys were not always 
genuine participants in the process, despite rights accorded under law. 
Defendants could confront witnesses against them and present evidence 
on their own behalf, but only through the judge. By law defendants and 
their attorneys were entitled to review government-held evidence 
relevant to their cases, but this right was not always respected in 
practice. The 1999 Criminal Procedures Code, fully implemented in 
February, provides defendants with additional rights that reduce their 
likelihood of being detained, including strict timelines for actions 
during the criminal process, which some critics warn may reduce the 
conviction rate of hardened criminals. Public officials assert that the 
new code will reduce the number of pretrial detainees and will 
establish procedures so that detainees will not be held in prison 
beyond their maximum prison term.
    A public defender program provides assistance to those unable to 
afford an adequate defense. There are over 200 public defenders 
providing free legal services nationally to 50 percent of the prison 
population; however, it is difficult for public defenders to meet the 
heavy demands of an unautomated, inadequately funded, and labor-
intensive criminal justice system. Under the Criminal Procedures Code 
cases can be dismissed if a suspect does not have legal representation. 
Of all oral trials processed during the year, 83 percent of defendants 
used public defenders. The demands placed on the public defender system 
severely overtaxed its resources.
    A 1998 Supreme Court instruction held judges personally accountable 
for reducing the number of backlogged cases. The order separates judges 
into pretrial investigative judges and trial and sentencing judges. The 
Court also created a program to monitor and enforce compliance with 
these measures. The Court's instruction was intended to ensure more 
effective protection for the rights of the accused to a timely and 
effective defense. It had little effect under the old system, but the 
new Criminal Procedures Code allows for plea-bargaining to reduce the 
caseload and to prioritize serious crimes for prosecution.
    Modest progress was made in previous years toward implementing a 
judicial career system to enhance the qualifications of sitting judges; 
depoliticize the appointment process; and address problems of 
corruption, clientism, patronage, and influence-peddling within the 
judiciary. Nonetheless, many courts remain staffed by politically 
selected judges and by unqualified clerks who are inefficient and 
subject to influence from special interests. The reforms have not been 
implemented fully or effectively. Public accountability or official 
sanction for misconduct is minimal. However, the Supreme Court 
dismissed more than 19 judges on various charges, including corruption, 
during the year.
    A special prosecutor and a judge investigating the 1998 murder of a 
town councilman reported receiving death threats (see Section 1.a.).
    The Supreme Court's rulings on the 1987 and 1991 amnesty laws 
declared its application unconstitutional for nine military officials 
accused in the illegal detention and attempted murder of six university 
students. In 1998 the Court determined that while the amnesty laws were 
constitutional, amnesty appeals would have to be decided on their 
individual merits. In June 2000, the Court first ruled that laws 
providing amnesty protection to present and former military officials 
were inapplicable to common crimes, such as illegal detention and 
homicide, which some officials were alleged to have committed. In 
August 2000, the court clarified its June ruling by applying it only to 
the 1982 illegal detention and attempted murder of six university 
students (see Section 1.c.). It held that the amnesty laws would 
continue to apply to all military defendants until specific grounds for 
exclusion of amnesty were applied in that case. The general 
interpretation of the Court's rulings is that the accused cannot 
request amnesty until the case has been brought before a judge and the 
judge has begun deliberations. Thus, military officials may request 
amnesty, but only if the case has gone to trial. The Public Ministry 
has the right to challenge the applicability of those laws to specific 
investigations of past human rights abuses.
    By the end of the year, the new Supreme Court had not yet ruled on 
the appeal by the defense to reduce charges of attempted murder brought 
against Alexander Hernandez in the case of the six university students. 
Two other officials received reduced sentences and were let out on bail 
when previous Supreme Courts ruled that attempted murder could not be 
proven, thus establishing that no one could be charged with the crime 
(see Section 1.c.).
    The Constitution provides broad immunity to members of Congress and 
government officials. Membership in both the National Congress and the 
Central American Parliament confers legal immunity from prosecution. 
That immunity extends to candidates running for office and to acts 
committed before taking office. An April 2000 General Law of Immunities 
did little to foster transparency and accountability in government. In 
fact, the new law requires that cases of white-collar crime brought 
against public officials with immunity first must be adjudicated 
through administrative procedures before any criminal proceedings are 
initiated. In addition, the new law bestows immunity to citizens upon 
party nomination to run for public office. The law continues to require 
a vote of Congress to deprive an individual of his or her immunity, 
although such individual may be arrested if caught in the act of 
endangering the life or physical integrity of another. During the year, 
government authorities asked Congress to remove the immunity of 34 
Congresspersons and Central American parliamentarians. Only Congressman 
David Romero was stripped of his immunity to face charges of raping his 
stepdaughter. A warrant was out for his arrest, but he was at large at 
year's end.
    Over the past 8 years, the Public Ministry has taken steps to 
investigate and charge not only military officers for human rights 
violations, but also recently retired heads of the armed forces for 
corruption, illicit enrichment, and white collar crimes, as well as 
ranking officials of the three previous governments for abuses of 
power, fraud, and diversion of public funds and resources. However, at 
year's end, very few of those accused had been tried or convicted. Some 
of these individuals maintained immunity from prosecution because they 
were in elected office or are running for office.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution specifies that a person's home is 
inviolable, that persons employed by the State may enter only with the 
owner's consent or with the prior authorization of a competent legal 
authority, and that entry may take place only between 6 a.m. and 6 p.m. 
There is an exception that allows entry at any time in the event of an 
emergency or to prevent the commission of a crime. In May President 
Maduro decreed that kidnaping constituted an immediate threat, and that 
no arrest warrant was needed if the kidnaped person's life was in 
danger. In June as a result of a high profile kidnaping and murder, the 
Government decreed that searches could be executed without warrants and 
at any hour when someone's life was threatened. However, as in previous 
years, there were credible charges that police personnel failed at 
times to obtain the needed authorization before entering a private 
home. Coordination among the police, the courts, and the Public 
Ministry remained weak; however, it improved when the prosecuting 
attorneys expanded their work day to include nights and weekends.
    In a number of instances, private and public security forces 
actively dislodged farmers and indigenous groups who claimed ownership 
of lands based on land reform laws or ancestral titles to property (see 
Section 5). In May four farmers in Balfate, Atlantida department were 
killed when trying to establish a land claim on property owned by a 
subsidiary of a multinational company. A number of farm cooperatives 
experience constant threats of dislocation from local police and 
military authorities who support local landowners. In the past, some 
individuals who lost disputed lands to farmer cooperatives as a result 
of government adjudication killed cooperative leaders.
    The Government generally respected the privacy of correspondence.
    Despite reforms to the civil service system, party membership is 
often necessary to obtain or retain government employment.

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, with some important exceptions. The 
new Police and Social Order Law restricts demonstrators from using 
statements that could incite people to riot. Some journalists admitted 
to self-censorship when their reporting threatened the political or 
economic interests of media owners. A small number of powerful business 
magnates with intersecting business interests, political loyalties, and 
family ties own many news media. Systemic national problems, such as 
corruption and endemic conflicts of interest, also limit the 
development of the news media. For example, of the four national 
newspapers, one is run by a Congressman and another is run by a former 
Liberal Party president.
    The Government has various means to influence news reporting of its 
activities, such as the granting or denial of access to government 
officials, which is crucial for news reporters, editors, and media 
owners. Other methods are more subtle, such as the coveted privilege to 
accompany the President on his official travels. Journalists who 
accompany the President on such occasions do so at the expense of the 
Government, which grants or withholds invitations for such travel at 
will. The Government also has considerable influence on the print media 
through its ability to grant or withhold official advertisements funded 
with public monies.
    The comparatively little investigative journalism that took place 
focused on noncontroversial issues. When the news media attempted to 
report in depth on national politicians or official corruption, they 
continued to face obstacles, such as external pressures to desist from 
their investigations, artificially tight reporting deadlines, and a 
lack of access to government information and independent sources.
    The news media also continued to suffer from internal corruption, 
politicization, and outside influences. Payments to journalists to 
investigate or suppress certain stories continued, although no 
individual journalist was accused publicly of engaging in the practice. 
News directors and editors acknowledged their inability to halt the 
practice.
    The new Maduro government used the ``Cadena Nacional,'' a complete 
preemption of all television and radio broadcasting, to present 
bimonthly presidential addresses.
    One potentially abusive practice continued to be the granting of 
awards to individual reporters on ``Journalists' Day.'' In May all 
three branches of the Government and several private organizations, 
including chambers of commerce, bestowed numerous awards, some 
accompanied by substantial sums of cash, on the ``best'' journalists. 
Rather than being tied to a specific accomplishment--a particular 
article or series, or even a lifetime's body of work--most awards were 
granted without any published criteria to beat reporters assigned to 
the granting institution. Some of these awards appeared to be deserved; 
however, many observers viewed them as little more than acknowledgments 
by the granting institutions of perceived services rendered.
    Because President Maduro had limited ties to the media, some 
journalists took the opportunity to increase reporting on sensitive 
topics. In the past, there were credible reports of media owners' 
repression against individual journalists who criticized the 
Government, actively criticized freedom of the press, or otherwise 
reported on issues sensitive to powerful interests in the country. 
During the year there were no reports of dismissals or threats against 
journalists.
    No more information was available on the television reporter who 
sued the Security Ministry over the loss of an eye in an unprovoked 
altercation with a police officer in 2000. No more information was 
available on the 2000 drive-by shooting of Radio Progreso news director 
Julio Cesar Pineda Alvarado, who suffered a head wound in the attack.
    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 the right of peaceful assembly, and the Government 
generally respected this right in practice; however, police used force 
to disperse several protests, resulting in a number of injuries.
    During the year, incidents in which farmers or local populations 
took over roadways in Yoro, Comayagua, and Francisco Morazan 
departments met with police resistance. Police used tear gas and riot 
troops to clear roadways, injuring a number of persons in each 
incident.
    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. The dominant religion, Catholicism, does not affect adversely 
the religious freedom of others. The Government prohibits immigration 
of foreign missionaries who practice religions that claim to use 
witchcraft or satanic rituals.
    In September 2000, the Congress adopted a controversial measure 
requiring that, beginning in 2001, all school classes begin with 10 
minutes of readings from the Bible; however, the legislation had not 
been put into effect.
    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 cooperates with the U.N. High Commissioner for 
Refugees, the International Office of Migration, and other humanitarian 
organizations in assisting refugees. The Government provides first 
asylum and grants asylum or refugee status in accordance with the terms 
of the 1951 U.N. Convention Relating to the Status of Refugees and its 
1967 Protocol.
    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 exercise this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. General elections were held in November 2001, and 
on January 28, Ricardo Maduro Joest was sworn in as President for a 4-
year term.
    Citizens choose a president, three vice presidents, and members of 
the National Congress by free, secret, and direct, balloting every 4 
years. In 1997 voters for the first time were able to cast separate 
ballots for the President, Congresspersons, and mayors, making 
individual elected officials more representative and accountable. 
Suffrage is universal; however, neither the clergy nor members of the 
military or civilian security forces are permitted to vote. In the 2001 
elections, voting was expanded to include Hondurans resident in five 
cities in the United States, of whom only 1,000 voted. Any citizen born 
in Honduras or abroad of Honduran parentage may hold office, except for 
members of the clergy, the armed forces, and the police.
    The investigation into the 2001 election-eve murder of Angel 
Pacheco, Nationalist Party congressional candidate from Valle 
department, had uncovered no suspects at year's end (see Section 1.a.).
    A new political party may gain legal status by obtaining 20,000 
signatures and establishing party organizations in at least half of the 
country's 18 departments. There are five recognized parties. The 
Democratic Unification Party was established by decree as a result of 
the Esquipulas peace accords.
    There are no legal impediments to the participation of women or 
minorities in government and politics. The Government established the 
National Women's Institute a number of years ago to address women's 
issues. The 2000 Law of Gender Equality mandated that 30 percent of all 
candidates nominated for public office by recognized political parties 
be women. Congresswomen and women's groups strongly criticized all five 
parties for their lack of female representation in the congressional 
slates after the November 2001 elections. There were 5 women in the 
128-seat legislature. There were nine female justices, one of whom was 
president, on the Supreme Court and three female ministers in the 
Cabinet.
    There were few indigenous people in leadership positions in 
government or politics. There were 3 indigenous or Garifuna (Afro-
Caribbean) persons in the 128-seat legislature.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of human rights groups operated without government 
restriction, investigating and publishing their findings on human 
rights cases. Government officials generally cooperated with these 
groups and were responsive to their views.
    One human rights group received death threats during the year and 
another announced that security forces harassed its members after they 
spoke out in support of investigations into extrajudicial killings 
committed by police.
    In August human rights worker Jose Santos Callejas was killed in 
Atlantida in a criminal assault related to his human rights activism 
(see Section 1.a).
    In September the U.N. Special Rapporteur on Extrajudicial, 
Arbitrary, and Summary Executions published the report on her visit to 
the country to meet with government, human rights, and children's 
organizations (see Section 1.a.).
    In March Congress chose Ramon Custodio Lopez to replace Leo 
Valladares Lanza as Human Rights Commissioner of the National Human 
Rights Commission (NHRC), an autonomous government institution. He 
holds a 6-year term. The NHRC director has free access to all civilian 
and military institutions and detention centers and is supposed to 
perform his functions with complete immunity and autonomy. The 
Government generally cooperated with the NHRC and invited the Human 
Rights Ombudsman to work on interagency commissions dealing with rule 
of law issues.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution bans discrimination based on race or sex. The 
Constitution also bans discrimination on the basis of class; however, 
in practice, the political, military, and social elites generally 
enjoyed impunity under the legal system. Members of these groups rarely 
were arrested or jailed; the President, cabinet ministers, and 
legislators all enjoy legal immunity (see Section 1.e.).

    Women.--Violence against women remained widespread. The Penal Code 
classifies domestic violence and sexual harassment as crimes, with 
penalties of 2 to 4 years' and 1 to 3 years' imprisonment, 
respectively. In February 2000, the Pan-American Health Organization 
reported that 60 percent of women had been victims of domestic 
violence. In September 2000, the U.N. Population Fund estimated that 8 
of every 10 women suffered from domestic violence.
    Over the year, the Public Ministry reported that it received an 
average of 341 allegations of domestic violence each month in the 
capital city of Tegucigalpa alone. In August a woman was sentenced 
under the new Criminal Procedures Code to 30 years for killing her 
abusive husband earlier in the year.
    The 1997 Law Against Domestic Violence was intended to strengthen 
the rights of women and increase the penalties for crimes of domestic 
violence. In practice the law does not impose any fines, and the only 
sanctions are community service and 24-hour preventive detention if the 
aggressor is caught in the act. The Penal Code includes the crime of 
intrafamily violence and disobeying authorities, in the case that an 
aggressor does not obey a restraining order. Three years' imprisonment 
per incident is the maximum sentence. During the year, many cases were 
resolved because the Government began to fund special courts to hear 
only cases of domestic violence.
    The Government works with women's groups to provide specialized 
training to police officials on enforcing the Law Against Domestic 
Violence. There are few shelters specifically for battered women. The 
Government operates 1 shelter that can accommodate 10 women and their 
families. Six private centers for battered women offer legal, medical, 
and psychological assistance, but not physical shelter.
    The penalties for rape are relatively light, ranging from 3 to 9 
years' imprisonment. All rapes are considered public crimes, so a 
rapist can be prosecuted even if the victim does not want to press 
charges.
    The law does not prohibit adult prostitution, but child 
prostitution is illegal; the law prohibits promoting or facilitating 
the prostitution of adults.
    Women were trafficked for sexual exploitation and debt bondage (see 
Section 6.f.).
    The law prohibits sexual harassment in the workplace; however, it 
continued to be a problem.
    Women, who make up 36 percent of the work force, were represented 
in at least small numbers in most professions, but cultural attitudes 
limited their career opportunities. Under the law, women have equal 
access to educational opportunities and slightly more girls complete 
grade school and high school than boys. The law requires employers to 
pay women equal wages for equivalent work, but employers often classify 
women's jobs as less demanding than those of men to justify paying them 
lower salaries. The Inter-Institutional Technical Committee on Gender 
supported gender units in five government ministries, and there is a 
special working women's division in the Ministry of Labor to coordinate 
government assistance programs that have a gender focus and that are 
targeted for women.
    Workers in the textile export industries reported that they were 
required to take preemployment pregnancy tests (see Section 6.e.).
    The Government maintained the cabinet-level position directing the 
National Women's Institute which develops women and gender policy (see 
Section 3).

    Children.--Although the Government allocated 23.7 percent of its 
total expenditures for the year to basic education through the ninth 
grade (including salaries of teachers and administrators), funding 
remained insufficient to address the educational needs of the country's 
youth. The Government provides free, universal, and compulsory 
education through the age of 13; however, the Government estimated that 
as many as 65,000 children ages 6 through 12 fail to receive schooling 
of any kind each year; of these, almost 10,000 will never attend 
primary school. Slightly more girls attend primary and high school than 
boys, and older boys often drop out to assist their family by working. 
The Government increased its national school capacity by approximately 
50,000 children during the year.
    The Government allocated 10 percent of its total expenditure to the 
health sector. Media reports indicated that up to 40 percent of 
children under the age of 5 years suffer from chronic malnutrition. The 
Government estimated that 7,000 children (40 of every 1,000) under age 
5 die each year because of inadequate health care.
    The 1996 Code of Childhood and Adolescence covers the rights, 
liberties, and protection of children. It established prison sentences 
of up to 3 years for persons convicted of child abuse. In the major 
cities of San Pedro Sula and Tegucigalpa, with a combined population of 
682,400 minors, the Public Ministry received a total of 2,500 
complaints of child abuse.
    Child prostitution is a problem in some tourist and border areas of 
the country.
    Child labor is a problem (see Section 6.d.).
    Trafficking in children is a problem (see Section 6.f.).
    The Government was unable to improve the living conditions or 
reduce the numbers of street children and youth (see Sections 1.a. and 
1.c.). The Government and children's rights organizations estimate the 
number of street children at 20,000, only half of whom have shelter on 
any given day. Many street children have been sexually molested or 
exploited. Approximately 30 percent of the street children and youth in 
Tegucigalpa and San Pedro Sula, the two largest population centers, 
were reported to be HIV-positive. Over 75 percent of street children 
live on the streets because of severe family problems; 30 percent 
simply were abandoned. The Tegucigalpa city administration runs 12 
temporary shelters with a total capacity of 240 children.
    Abuse of youth and children in poor neighborhoods and in gangs is a 
serious problem. Both the police and members of the general population 
engaged in violence against poor youth and children; some of these 
children were involved in criminal activities, but many were not (see 
Sections 1.a. and 1.c.). Police were found to be responsible for some 
of the murders of approximately 500 children, only some of whom lived 
on the street, who were killed summarily in ``social cleansing'' 
killings between January 1998 and August (see Section 1.a.). In April 
the first policeman to be sentenced for raping and killing a minor was 
sentenced to 24 years (see Sections 1.a. and 1.c.). Security 
authorities' abuse of street children decreased significantly in the 
late 1990s after Casa Alianza trained the Preventive Police on 
treatment of children and youth for 2 years; it is still a problem, 
although the situation has improved significantly. Casa Alianza no 
longer trains police recruits at the National Police Academy in La Paz 
department. During the year, the Human Rights Committee signed an 
agreement with the Ministry of Public Security to provide human rights 
training.
    International and national human rights groups implicated public 
and private security force personnel, vigilante groups, and business 
leaders in many juvenile deaths (see Section 1.a.).

    Persons with Disabilities.--There are no formal barriers to 
participation by an estimated 700,000 persons with disabilities in 
employment, education, or health care; however, there is no specific 
statutory or constitutional protection for them. There is no 
legislation that requires access by persons with disabilities to 
government buildings or commercial establishments. In May the Honduran 
Coordinating Group of Institutions and Associations of Rehabilitation, 
30 organizations that work with the disabled, demanded that Congress 
support their activities with $3.09 million (51 million lempiras), 
which the Government had promised the groups earlier in the year. In 
2001 the National University began providing classes in Honduran Sign 
Language.

    Indigenous Persons.--Some 490,000 persons, constituting 9 percent 
of the general population, are members of indigenous and Afro-Caribbean 
ethnic groups. The Miskitos, Tawahkas, Pech, Tolupans, Lencas, Chortis, 
Nahual, Islanders, and Garifunas live in 362 communities and generally 
have little or no political power to make decisions affecting their 
lands, cultures, traditions, and the allocation of natural resources. 
Most indigenous land rights are communal, providing land use rights to 
individual members of the ethnic group. Indigenous and ancestral lands 
often are defined poorly in documents dating back to the mid-19th 
century. Both indigenous and non-indigenous communities have criticized 
the Government's exploitation of timber; however, government policy 
over natural resources changed during the year and reportedly included 
greater local participation.
    Land disputes are common among all sectors of society; however, the 
lack of clear title and property boundaries of indigenous land claims 
often leads to conflicts between such groups as landless mestizo 
farmers who clear and occupy land for subsistence farming, local and 
national elites who encroach on indigenous land to engage in illegal 
logging, and various government entities (see Sections 1.a. and 1.f.). 
During the year, 12 Tolupan were killed in Yoro department in separate 
incidents because they opposed illegal logging and usurpation of their 
ancestral lands. Tolupan leaders implicated sawmill owners, police, 
district attorneys, and the Governmental Honduran Forest Development 
Corporation in these murders. By the end of the year no action had been 
taken in any of the cases. The Government worked with various 
indigenous groups on management plans for public and ancestral lands 
that they occupy. Expanded coverage of the national cadastral registry, 
property titling, and government land registries has the potential to 
reduce violence related to land disputes. In recent years security 
officials and private landowners have been accused of participating in 
about a dozen murders of Lencas and Garifunas in conflicts over 
indigenous land claims.
    The courts commonly deny legal recourse to indigenous groups and 
often show bias in favor of nonindigenous parties of means and 
influence. Failure to obtain legal redress frequently causes indigenous 
groups to attempt to regain land through invasions of private property, 
which usually provoke the authorities into retaliating forcefully. The 
Government is somewhat responsive to indigenous land claims; however, 
numerous cases remained unresolved because of conflicting claims by 
influential individuals.
    During the year, the National Agrarian Institute (INA) reduced its 
issuance of titles to indigenous groups in the new administration 
because of lack of funds to compensate private owners and due to 
expected changes in land use laws. INA continued to play a weak role in 
mediating land claims of indigenous and farmer groups.

Section 6. Worker Rights

    a. The Right of Association.--Workers have the legal right to form 
and join labor unions; unions generally are independent of the 
Government and of political parties. Most farmer organizations are 
affiliated directly with the labor movement. Unions occasionally hold 
public demonstrations against government policies and make extensive 
use of the news media to advance their views. However, only about 14 
percent of the work force is unionized, and the economic and political 
influence of organized labor has diminished in the past several years. 
Public sector unions have greater strength than private sector unions. 
Companies with unions are closed shops. During the year, the 
International Labor Organization (ILO) noted that various provisions in 
the labor law restrict freedom of association, including the 
prohibition of more than 1 trade union in a single enterprise, the 
requirement of more than 30 workers to constitute a trade union, and 
the requirement that trade union organizations must include more than 
90 percent Honduran membership.
    The labor movement consists of three national labor confederations: 
the General Council of Workers (CGT), the Confederation of Honduran 
Workers (CTH), and the Unitary Confederation of Honduran Workers 
(CUTH).
    A number of private firms have instituted ``solidarity'' 
associations, essentially aimed at providing credit and other services 
to workers and managers who are members of the associations. 
Representatives of most organized labor groups criticize these 
associations, asserting that they do not permit strikes; have 
inadequate grievance procedures; are meant to displace genuine, 
independent trade unions; and are employer-dominated. Because of the 
restriction of one union per workplace, a solidarity association can 
not compete with an independent union if the union is the first to be 
established. However, neither can a union replace a solidarity 
association.
    The Labor Code prohibits retribution by employers for trade union 
activity; however, it is a common occurrence. Some employers have 
threatened to close down unionized companies and have harassed workers 
seeking to unionize, in some cases dismissing them outright. Workers 
often accept dismissal with severance pay rather than wait for a court 
resolution. Some foreign companies close operations when they are 
notified that workers seek union representation; one such case occurred 
during the year. The labor courts routinely consider hundreds of 
appeals from workers seeking reinstatement and back wages from 
companies that fired them for engaging in union organizing activities. 
Once a union is recognized, employers actually dismiss relatively few 
workers for union activity. However, the right of collective bargaining 
is not granted easily, even once a union is recognized. Cases of 
firings and harassment serve to discourage workers elsewhere from 
attempting to organize. The ILO again reiterated its recommendation for 
the Government to provide for adequate protection, particularly 
effective and dissuasive sanctions, against acts of anti-union 
discrimination for trade union membership or activities and against 
acts of interference by employers or their organization in trade union 
activities.
    Workers in both unionized and nonunionized companies are protected 
by the Labor Code, which gives them the right to seek redress from the 
Ministry of Labor. The Ministry of Labor applied the law in several 
cases, pressuring employers to observe the code. Labor or civil courts 
can require employers to rehire employees fired for union activity, but 
such rulings are uncommon. Collective bargaining agreements between 
management and unions generally contain a clause prohibiting 
retaliation against any worker who participates in a strike or other 
union activity.
    The Labor Code explicitly prohibits blacklisting; however, there 
was credible evidence that blacklisting occurred in the assembly 
manufacturing for export firms, known as maquiladoras. A number of 
maquila workers who were fired for union activity report being hired 
for 1 or 2 weeks and then being let go with no explanation. Maquila 
employees report seeing computer records that include previous union 
membership in personnel records, and employers have told previously 
unionized workers that they are unemployable because of their previous 
union activity.
    When a union is formed, its organizers must submit a list of 
founding members to the Ministry of Labor as part of the process of 
obtaining official recognition. However, before official recognition is 
granted, the Ministry of Labor must inform the company of the impending 
union organization. At times companies receive the list illegally from 
workers or from Labor Ministry inspectors willing to take a bribe. The 
Ministry of Labor has not always been able to provide effective 
protection to labor organizers. During the year the Ministry of Labor 
improved its administrative procedures to reduce unethical behavior of 
its officials regarding union organizing. There were fewer reports of 
inspectors selling the names of employees involved in forming a union 
to the management of the company compared with previous years.
    The three national labor confederations maintain close ties with 
various international trade union organizations.

    b. The Right to Organize and Bargain Collectively.--The law 
protects the rights to organize and to bargain collectively.
    The Constitution provides for the right to strike, along with a 
wide range of other basic labor rights, which the authorities generally 
respect in practice. The civil service code denies the right to strike 
to all government workers, other than employees of state-owned 
enterprises. Nonetheless, civil servants often engage in illegal work 
stoppages without experiencing reprisals. The ILO reported that 
federations and confederations are prohibited from calling strikes, and 
that a two-thirds majority of the votes of the total membership of the 
trade union organization is required to call a strike; the ILO asserts 
that these requirements restrict freedom of association.
    The public sector held pervasive and long-lasting strikes 
throughout the year. High school teachers were on strike for more than 
2 months demanding additional salary raises.
    The same labor regulations apply in the export processing zones 
(EPZs) as in the rest of private industry. There are approximately 20 
EPZs. Each EPZ provides space for between 4 and 10 companies. There are 
approximately 200 export-oriented assembly manufacturing firms located 
inside and outside EPZs. The Honduran Association of Maquiladores (AHM) 
and worker representatives routinely meet to reduce potential tensions 
within the industry. At year's end, approximately 40 of the country's 
200 maquiladora firms were unionized.
    In 1997 the AHM adopted a voluntary code of conduct governing 
salaries and working conditions in the industry and recognizing 
workers' right to organize. Members of AHM, both industrial park owners 
and company owners, are asked to sign the code of conduct to join the 
AHM. The conditions are not monitored or verified by the AHM, but the 
AHM does act as arbiter when unions, the Ministry of Labor, or other 
partners complain about labor conditions in a factory. Workers and 
supervisors were trained on the elements of this code during the year. 
Organized labor has equivalent rights and protection inside and outside 
EPZs.
    In the absence of unions and collective bargaining, the management 
of several plants in free trade zones have instituted solidarity 
associations that, to some extent, function as ``company unions'' for 
the purposes of setting wages and negotiating working conditions. 
Others use the minimum wage to set starting salaries and adjust wage 
scales by negotiating with common groups of plant workers and other 
employees, based on seniority, skills, categories of work, and other 
criteria (see Section 6.e.).
    Labor leaders accuse the Government of allowing private companies 
to act contrary to the Labor Code. They criticize the Ministry of Labor 
for not enforcing the Labor Code, for taking too long to make 
decisions, and for being timid and indifferent to workers' needs. 
Industry leaders, in turn, contend that the obsolete and cumbersome 
Labor Code discourages foreign investment and requires significant 
amendment. The Ministry of Labor sought to address these deficiencies 
by requesting increased funding in the Government's budget, by 
dismissing or transferring Ministry of Labor employees whose 
performance was unsatisfactory, by opening more regional offices to 
facilitate worker access to Ministry of Labor services, and by 
conducting a painstaking, ongoing review of the Labor Code since 1995. 
During the year the Ministry of Labor continued its work to strengthen 
a special maquiladora office and an office for female workers.
    A 1995 Memorandum of Understanding (MOU) between the Ministry of 
Labor and the Office of the United States Trade Representative calling 
for greater enforcement of the Labor Code has resulted in some 
progress. However, labor unions charge that the Ministry of Labor has 
not made sufficient progress toward enforcing the code, especially in 
training its labor inspectors and in conducting inspections of the 
maquiladora industry. The Government has acknowledged that it does not 
yet adhere completely to international labor standards. In 1997 the 
country, in conjunction with other Central American nations, agreed to 
fund a regional program to modernize the inspection and labor 
management functions of all regional labor ministries. In August and 
September 2000, the Government reaffirmed its commitment to abide by 
the terms of the 1995 MOU and to take additional steps to strengthen 
enforcement of the Labor Code.

    c. Prohibition of Forced or Bonded Labor.--The Constitution and the 
law prohibit forced or bonded labor, including by children; however, 
there were credible allegations of compulsory overtime at maquiladora 
plants, particularly for women, who make up an estimated 80 percent of 
the work force in the maquiladora sector.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Constitution and the Labor Code prohibit the 
employment of minors under the age of 16, except that a child who is 14 
years of age is permitted to work with parental and Ministry of Labor 
permission; however, child labor is a problem. According to the 
Ministry of Labor, human rights groups, and children's rights 
organizations, an estimated 400,000 children work illegally. The 
Children's Code prohibits a child of 14 years of age or younger from 
working, even with parental permission, and establishes prison 
sentences of 3 to 5 years for persons who allow children to work 
illegally. This law is not enforced in practice. An employer who 
legally hires a 15-year-old must certify that the child has finished, 
or is finishing, his compulsory schooling. The Ministry of Labor grants 
a limited number of work permits to 15-year-old children each year.
    The Ministry of Labor does not enforce effectively child labor laws 
outside the maquiladora sector. Violations of the Labor Code occur 
frequently in rural areas and in small companies. Significant child 
labor problems exist in family farming, agricultural export (including 
the melon, coffee and sugarcane industries), and small-scale services 
and commerce. A May 2001 household survey reported that 9.2 percent of 
children between ages 5 and 15 were working, and that 26 percent of 
children ages 11 through 15 work. Many children also work in the 
construction industry, on family farms, as street vendors, or in small 
workshops to supplement the family income. Boys between the ages of 13 
and 18 work on lobster boats, where they dive illegally with little 
safety or health protection. Children who work on melon farms were 
exposed to pesticides and long hours.
    The employment of children under the legal working age in the 
maquiladora sector may occur, but not on a large scale. (Younger 
children sometimes obtain work permits by fraud or purchase forged 
permits.) During the year, one foreign firm in the maquiladora sector 
was reported to employ minors, and the Ministry of Labor took action to 
penalize the employer and assure that minors no longer work at the 
plant.
    During the year, the new administration swore in new members of the 
interagency National Commission for the Gradual and Progressive 
Eradication of Child Labor, created in 1998. In September 2001, the 
employers' association launched a campaign to raise awareness of the 
law among its members. In May the ILO Office on the Eradication of 
Child Labor launched its programs focused on the eradication of the 
worst forms of child labor in melon and coffee production.

    e. Acceptable Conditions of Work.--In May minimum wages, that were 
renegotiated went into effect. The agreement included a voluntary price 
freeze on a basic basket of consumer goods and public services. During 
the year, however, market pressures pushed up prices leading labor 
leaders to protest the violation of the agreement. Daily pay rates vary 
by sector of the economy. The lowest minimum wage occurs in the 
nonexport agricultural sector, where it ranges from $2.64 to $3.70 
(43.60 to 61.23 lempiras) per day, depending on the size of the firm. 
The highest minimum wage is $4.57 (75.50 lempiras) per day in the 
export and financial sectors. All workers are entitled to a bonus 
equivalent to a month's salary in June and December every year. The 
Constitution and the Labor Code stipulate that all labor must be paid 
fairly; however, the Ministry of Labor lacks the personnel and other 
resources for effective enforcement. The minimum wage is insufficient 
to provide a decent standard of living (above the poverty line) for a 
worker and family.
    As a result of the October 2000 negotiated agreement on the minimum 
wage, the Government committed itself to establishing an Economic and 
Social Council within which the Government, the private sector, and 
labor and social groups would debate wages and other labor issues, as 
well as national social policy. In March the Council was sworn in.
    The law prescribes a maximum 8-hour workday and a 44-hour workweek. 
There is a requirement of at least one 24-hour rest period every 8 
days. The Labor Code provides for a paid vacation of 10 workdays after 
1 year, and of 20 workdays after 4 years. The law requires overtime 
payment for hours in excess of the standard. There are prohibitions on 
excessive compulsory overtime. However, employers frequently ignored 
these regulations due to the high level of unemployment and 
underemployment and the lack of effective enforcement by the Ministry 
of Labor. Foreign workers enjoy equal protection under the law, 
although the process for a foreigner to obtain a work permit from the 
Ministry of Labor is cumbersome.
    The Ministry of Labor is responsible for enforcing national 
occupational health and safety laws, but does not do so consistently or 
effectively. During the year, the Ministry of Labor received technical 
assistance and equipment to improve its regulatory capacity. There are 
16 occupational health and safety inspectors throughout the country. 
The informal sector, comprising more than 70 percent of all employment, 
is regulated and monitored poorly. Worker safety standards also are 
poorly enforced in the construction industry. Some complaints alleged 
that foreign factory managers failed to comply with the occupational 
health and safety aspects of Labor Code regulations in factories 
located in the free-trade zones and in private industrial parks (see 
Section 6.b.). There is no provision allowing a worker to leave a 
dangerous work situation without jeopardy to continued employment.
    Labor unions, women's groups, and human rights groups report 
receiving complaints from workers in textile export industries that 
include: illegal preemployment pregnancy tests, severely limited access 
to medical services, verbal abuse, no freedom to organize unions, and 
forced and unpaid overtime. The Ministry of Labor has increased its 
responsiveness to these complaints, according to the same 
organizations.
    The Government, private sector, and worker representatives 
participated in a regional program to improve occupational safety and 
health conditions throughout Central America. This program aimed to 
strengthen regional labor codes and the enforcement capabilities of the 
Central American labor ministries in these fields.

    f. Trafficking in Persons.--The Legal Code includes provisions that 
prohibit trafficking in persons; however, it is a problem. Honduras is 
primarily a source, but also a transit, country for trafficked children 
and women to neighboring countries and the United States. According to 
Casa Alianza, Honduran children, especially young girls, are trafficked 
by criminal groups to other Central American countries for purposes of 
sexual exploitation. There are reports that trafficking in women and 
children also occurs within the country's borders. There were reports 
during the year that girls and women were trafficked to Guatemala, 
Mexico, and the United States for purposes of prostitution. An April 
raid in Texas uncovered a prostitution ring run by Hondurans in which 
more than three dozen Honduran women and girls had been trafficked to 
the United States and were subject to sexual exploitation and debt 
bondage.
    Reports from Casa Alianza in 2000 asserted that approximately 250 
Honduran children in Canada were coerced into prostitution or the sale 
of illicit narcotics. Honduran authorities did not repatriate any of 
the minors involved despite 2000 press reports that indicated the 
Government was taking action. Canadian authorities cooperated with 
Honduras during the year to identify and repatriate the minors.
    Charges were dropped in the February 2000 case of a San Pedro Sula 
judge accused of kidnaping six minors with intent to sell them. During 
the year the Government continued to work with the Government of Mexico 
to repatriate over 200 Honduran minors working as prostitutes in 
southern Mexico. In 2000 a local children's rights group charged that 
498 children had been reported missing from 1986 to 2000, including 22 
children in 2001. The group asserted that local kidnapers receive an 
average of $133 (2,000 lempiras) per child, each of whom subsequently 
is sold abroad for $10,000 to $15,000. No more information was 
available on this case at year's end.
    The law prohibits trafficking in persons and provides for sentences 
of between 6 and 9 years imprisonment; the penalty is increased if the 
traffickers are government or public employees, or if the victim 
suffers ``loss of liberty'' or is killed. The Government and Justice 
Ministry, through its General Directorate for Population and Migration, 
is responsible for enforcing the country's immigration laws although it 
does not have arrest powers. However, corruption, a lack of resources, 
and weak police and court systems hinder law enforcement efforts. While 
traffickers have been arrested, the Government has not prosecuted any 
cases.
    The Government does not provide economic aid to victims or 
potential victims of trafficking. During the year, an interagency 
working group to limit trafficking was inaugurated. In 2000 the 
Government inaugurated two centers in Tegucigalpa and San Pedro Sula to 
assist citizens deported from other countries to relocate in Honduras. 
The centers' activities continued during the year, with the assistance 
of several international organizations.
                               __________

                                JAMAICA

    Jamaica is a constitutional parliamentary democracy and a member of 
the Commonwealth of Nations. Two political parties have alternated in 
power since the first elections under universal adult suffrage in 1944; 
however, in October general elections, Prime Minister P.J. Patterson's 
People's National Party (PNP) won an unprecedented fourth consecutive 
term. The PNP won 34 of the 60 seats in Parliament after a tense 
campaign that was less violent than previous elections. International 
observers found that intimidation of voters and party agents was a 
problem during the general elections. The judiciary was generally 
independent but lacked adequate resources.
    The Jamaica Constabulary Force (JCF) had primary responsibility for 
internal security, assisted by the Island Special Constabulary Force. 
The Jamaica Defense Force (JDF--army, air wing, and coast guard) was 
charged with national defense, marine narcotics interdiction, and JCF 
support. The JDF had no mandate to maintain law and order and no powers 
of arrest, unless so ordered by the Prime Minister. The Prime Minister 
occasionally gave the JDF powers to cordon and search. The Ministry of 
National Security oversaw the JCF and the JDF. Civilian authorities 
generally maintained effective control of the security forces; however, 
some members of the security forces committed human rights abuses.
    The market economy was based largely on tourism, production of 
primary products (bauxite and alumina, sugar, bananas), and 
remittances. The country's population was approximately 2.6 million. 
The Government promoted private investment to stimulate economic growth 
and modernization, pursuing in the process a difficult program of 
structural adjustment. The economy grew by an estimated 0.5-1.0 percent 
during the year, compared with 1.7 percent in 2001. There was a large 
gap between the wealthy and the impoverished.
    The Government generally respected the human rights of its 
citizens; however, there were serious problems in some areas. Members 
of the security forces committed some unlawful killings. Police and 
prison guards abused detainees and prisoners. Although the Government 
moved to investigate incidents of police abuses and punish some of 
those police involved, continued impunity for police who commit abuses 
remained a problem. Prison and jail conditions remained poor; 
overcrowding, brutality against detainees, and poor sanitary conditions 
were problems. There were reports of arbitrary arrest and detention. 
The judicial system was overburdened, and lengthy delays in trials were 
common. Violence and discrimination against women remained problems. 
There were cases of societal discrimination against persons with 
disabilities and members of the Rastafarian religion. Violence against 
suspected homosexuals occurred. Child labor was a problem, as was child 
prostitution. Mob violence against and vigilante killings of those 
suspected of breaking the law remained a problem. Jamaica 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 at least 
5--and possibly as many as 12--politically motivated killings during 
the year, committed by supporters of various political factions. The 
police committed some unlawful or unwarranted killings during the year.
    Although there is a history of political violence and killings in 
the period leading up to elections, the last three general elections 
were relatively calm (see Section 3).
    On January 3, unidentified gunmen shot and burned to death seven 
persons, including two children, in a nighttime attack in the 100 Lane 
area of Kingston, a community linked to the PNP. Police at a nearby 
station failed to respond to the attack. Police believed that the 
incident was a reprisal for a January 1 attack in the Jamaica Labor 
Party (JLP)-controlled Parke Lane area in which one person was killed. 
Most observers believed that both incidents were criminal reprisal 
killings, rather than politically motivated murders.
    In August three persons were shot and killed, and another was shot 
and injured after a dispute over the removal of political graffiti in 
Spanish Town, St. Catherine parish. The placement of political flags 
led to increased tension and the murders of JLP supporters. In 
September 2 people were killed and at least 13 wounded in a series of 
drive-by shootings between rival political enclaves in central 
Kingston. In response to these incidents and other threats of violence, 
the newly appointed Political Ombudsman went to the scene to reduce 
tensions (see Section 4).
    On October 16 (election day), seven people, including a child and 
three women, were murdered in the early morning in Rock Hall, St. 
Andrew. The first murder was that of a JLP political worker killed near 
a polling station; then members of two families were killed at their 
homes. The victorious opposition candidate for the area expressed 
concern that the killings were politically motivated. In December the 
police arrested two 17-year-olds and charged them with seven counts of 
murder. The police linked the killings to a gang conflict involving a 
stolen gun.
    The police frequently employed lethal force in apprehending 
criminal suspects. During the year, there were 149 deaths, including 
those of 16 police officers, during police encounters with criminals, 
compared with 163 such deaths in 2001. While allegations of ``police 
murder'' were frequent, the validity of many of the allegations was 
suspect. The country faced a critical crime situation with a homicide 
rate exceeding 40 per 100,000 persons. Well-armed gangs that trafficked 
in narcotics and guns controlled many inner-city communities. The gangs 
often were equipped better than the police force and conducted 
coordinated ambushes of joint security patrols. There were targeted 
assaults against police officers and their families.
    The JCF conducted both administrative and criminal investigations 
into all incidents involving fatal shootings by the police. The Bureau 
of Special Investigations (BSI) within the JCF specifically addressed 
police shootings; the BSI employed 29 investigators. The BSI 
supplemented the JCF Office of Professional Responsibility (OPR), which 
investigated police corruption and other misconduct, and the civilian 
Police Public Complaints Authority (PPCA), which oversaw investigations 
of the other two bodies and could initiate its own investigations. The 
PPCA had 13 investigators.
    On July 22, police shot and killed 7-year-old Romaine Edwards 
during what police said was a shoot-out with gangsters in Lawrence 
Tavern, St. Andrew. Area residents agreed there was no shoot-out 
between police and gunmen. The authorities subsequently transferred all 
seven officers from Lawrence Tavern to another police station. The BSI 
immediately took the case, which was still under investigation at 
year's end.
    On November 15, the police allegedly shot and killed a 24-year-old 
mentally retarded man, Daemon Roache, in Kingston while in pursuit of 
three robbers. Residents claimed police shot Roache in the back and 
head. Over 100 residents protested the shooting, and a human rights NGO 
criticized the police action. At year's end, the BSI was investigating 
the incident.
    During the year, at least five detainees died while in police 
lockups; some of the deaths involved negligence (see Section 1.c.).
    In December 2001, police shot and killed 26-year-old Dave Steele 
after a vehicular pursuit in Trelawny. Police said that they fired 
warning shots, but witnesses said that police shot Steele in the back 
after he exited the car. A 300-person crowd demonstrated following the 
incident and erected roadblocks. On July 30, the Director of Public 
Prosecutions (DPP) ruled that a special constable should be charged 
with the murder, and the case was before the courts at year's end.
    The case of a farmer killed by police in January 2001 remained 
pending before the DPP at year's end.
    On October 3, a 10-member jury for the coroner's inquest into the 
March 2001 killings of seven youths by the police Crime Management Unit 
in Braeton, St. Catherine parish, found the police ``not criminally 
responsible'' by a 6 to 4 vote. By law, a jury comprising seven or more 
persons cannot have more than two dissenters; if it does, the Coroner 
may hold a new inquest or the resident magistrate may refer the case to 
the DPP for a ruling. An Amnesty International press release called the 
inquest ``deeply flawed'' and asked the DPP immediately to instigate 
criminal proceedings against the police officers involved.
    In July 2001, a joint police-army operation entered Tivoli Gardens, 
West Kingston, reportedly to search for an arms cache following months 
of unrest in West Kingston. During the operation, 25 civilians, 1 
policeman, and 1 soldier were killed in violence that lasted for 
several days. The police said that they came under heavy fire from 
gunmen. The opposition leader, who was the parliamentarian for Tivoli 
Gardens, contended that the police operation was intended to discredit 
him before national elections. The Prime Minister established a 
Commission of Inquiry, which concluded in June that the events were not 
political and that the police acted with restraint. The Commission 
blamed the violence on the presence of drugs in the neighborhood and 
the proliferation of guns and ammunition in the hands of civilians. 
Also in June, the opposition leader released an affidavit that 
suggested that politically fueled rivalries and police inaction in the 
face of the imminent melee were to blame for the outbreak of 
disturbances. Amnesty International representatives expressed concern 
that the inquiry did not conform to international standards.
    In October 2001, police killed Andrew Stephens, a JLP ``don'' (gang 
leader), reportedly in a shoot-out. In March the police sent the case 
to the DPP, where it remained at year's end.
    In July a court acquitted a policewoman of murder in the 2000 
shooting of a man in Farm district, Clarendon parish.
    In May 2001, a coroner's inquest recommended that all the police 
involved in the 1999 death of Patrick Genius should be held criminally 
responsible. In December 2001, the DPP ruled that there was 
insufficient evidence to support a criminal case against the police. 
The Supreme Court refused an appeal brought by Genius' mother. On 
October 31, the Full Court, made up of the Chief Justice and two other 
justices, ruled that the lawyers may challenge the DPP's decision, 
which required the DPP to reconsider whether to prosecute the police 
involved. Human rights groups praised the decision; the case remained 
before the Full Court at year's end.
    In 1999 nine soldiers and four policemen severely beat Michael 
Gayle, described as a paranoid schizophrenic, after he tried to pass 
through a roadblock near his home after curfew. Gayle died as the 
result of internal injuries; at the coroner's inquest, the jury 
returned a majority verdict that all police and military personnel on 
duty at the roadblock at that time should be charged with manslaughter. 
However, no criminal charges were filed, and the DPP closed the case in 
December 2001. In March the local human rights group Jamaicans for 
Justice presented a petition to the Inter-American Commission on Human 
Rights regarding the case; responses to the petition were in progress 
at year's end.
    The JCF undertook an initiative of ``community policing'' to 
address the problem of long-standing antipathy between the security 
forces and many poor inner-city neighborhoods. For example, designated 
policemen walk beats and interact with members of the community on a 
daily basis. The Human Rights Advisor to the Minister of National 
Security and Justice worked to educate JCF trainees and junior officers 
to respect citizens' rights. The Jamaica Chamber of Commerce Inner-City 
Development Committee and the Jamaica Social Investment Fund 
distributed a Police Code of Conduct and a Charter of Citizen's Rights 
to police officers and citizens. The Police Federation conducted 
lectures to educate policemen in citizens' rights. The Government, the 
Independent Jamaica Council for Human Rights, and foreign governments 
developed human rights materials to be used in all subjects at the 
primary and secondary levels, which were being tested in selected 
classrooms at year's end. The JCF policy statement on the use of force 
incorporated U.N.-approved language on basic principles on the use of 
force and firearms by law enforcement officials.
    Vigilantism and spontaneous mob killings in response to crime 
continued to be a problem. There were at least 11 vigilante killings 
during the year, the motives for which varied--some victims were 
targeted, while others were the result of spontaneous mob action. On 
July 20, an angry mob of local residents beat and then burned to death 
a man accused of committing several rapes and robberies in St. 
Catherine. On August 18, a mob stabbed a bus driver 56 times and 
slashed his throat after an altercation between the driver and a 
passenger left the passenger injured. Human rights advocates contended 
that police did not consider such murders a priority and expressed 
concern that the perpetrators rarely were charged.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits torture and other abuse of prisoners and 
detainees; however, reports of physical abuse of prisoners by guards 
continued, despite efforts by the Government to remove abusive guards 
and improve procedures. There were also credible reports that police 
abused detainees in lockups.
    In July 2001, after demonstrators blocked parish roads to protest 
demolition of 17 squatter homes, local police and the JCF Mobile 
Reserve Unit attempted to disperse the crowd, using tear gas, batons, 
and firing live ammunition in the air. Prime Minister Patterson 
requested a report on the demolition operation and a review of 
procedures for ejecting squatters, and the OPR investigated accusations 
of police excesses. In January the BSI submitted the case to the DPP, 
where it remained at year's end.
    In April the DPP ruled that two police officers should be charged 
with wounding with intent and malicious destruction of property for a 
June 2000 incident in which police fired on a minibus when the driver 
failed to stop at a roadblock. The police concluded an investigation 
into the incident and sent it to the DPP's office in September 2001. 
The case was before the courts at year's end.
    Prison conditions remained poor; overcrowding, inadequate diet, 
poor sanitary conditions, and insufficient medical care were typical. 
There were no reports of prison riots. The majority of pretrial 
detainees were held in police lockups. After an April escape from the 
Spanish Town lockup, the Minister of National Security ordered the 
Horizon Remand Center to receive prisoners, which immediately eased 
overcrowding in lockups.
    On March 24, a prisoner at Mandeville police station died after 
being beaten by other prisoners at the lockup. The authorities charged 
five members of the police force with failing to carry out proper 
supervision and suspended two police constables. The Public Defender 
began proceedings to obtain compensation from the Government on behalf 
of the victim.
    On March 25, a prisoner at Bull Bay lockup died in police custody. 
On August 30, a prisoner in a Manchester lockup died in police custody. 
Both cases were being investigated at year's end.
    In March media reports stated that mentally ill inmates were being 
used as sex slaves in prison. A former medical officer and a 
psychiatrist at the St. Catherine Adult Correctional Facility said that 
mentally ill inmates and other ``weaklings'' had been raped repeatedly, 
and that prison officials were aware of the problem.
    On May 7, two Remand Center wardens were kept hostage for over 2 
hours in a security post. On July 8, the JDF took operational control 
of the Remand Center after one detainee escaped and others attacked a 
correctional officer; at year's end, the center remained under JDF 
control.
    Between July and August 2001, four detainees who were held at the 
Hunt's Bay police station lockup in Portmore, St. Catherine parish, 
died under unexplained circumstances. In May the DPP ruled that the 
case should be sent to the Kingston Criminal Court, where charges were 
pending against the Hunt's Bay wardens at year's end. An April 2001 
Amnesty International report documented severe overcrowding (more than 
three times intended capacity), cells without lighting or sanitation, 
and lack of medical care and adequate food in the Hunt's Bay lockup. 
The report detailed frequent and credible allegations of police abuse 
in lockups, including severe beatings, mock executions, and rape. 
Although Hunt's Bay lockup closed in 2001, the authorities reopened it 
during the year.
    A separate prison for women--the Ft. Augusta Women's Prison--was 
housed in a 19th century fort. Sanitary conditions were poor, although 
far less so than in the men's prisons because there was less 
overcrowding. Ft. Augusta was also relatively safer and had less 
violence than the men's prisons. However, inmates at Ft. Augusta 
complained of other inmates carrying knives and other weapons.
    The Constitution prohibits the incarceration of children in adult 
prisons; however, in practice some juveniles were held with adults. A 
1999 Human Rights Watch report criticized the conditions in which 
juveniles were held. The Government charged Ministry of Health officers 
with finding appropriate ``places of safety'' for juveniles, and 
adopted new procedures, which were considered effective on the whole.
    On March 26, two toddlers ended up in a police cell with their 
mothers but were released after the intervention of a senior police 
officer. The Office of the Public Defender and the police each began 
investigations into the incident, and in December the Attorney 
General's Office paid each mother approximately $1,050 (J$50,000) in 
compensation.
    In 2000 the Court of Appeals ruled that it was unconstitutional for 
juveniles to be held ``at the Governor General's pleasure.'' This 
referred to a section of the Juveniles Act that provides that persons 
under the age of 18 who commit a capital crime must have their death 
sentence commuted; however, they could be held for an indeterminate 
time at the Governor General's discretion and were subject to 
incarceration in an adult prison. In November the Government argued its 
appeal of the ruling before the judicial committee of the Privy Council 
in the United Kingdom, which had not ruled at year's end.
    In general, the Government allowed private groups, voluntary 
organizations, international human rights organizations, and the media 
to visit prisons and monitor prison conditions.

    d. Arbitrary Arrest, Detention, or Exile.--The Jamaica Constabulary 
Force Act permits the arrest of persons ``reasonably suspected'' of 
having committed a crime. There were some reported incidents of 
arbitrary arrest during the year, and the authorities continued to 
detain suspects, especially those from poor neighborhoods, without 
bringing them before a judge within the prescribed period.
    In March 2001, a magistrate's court freed a 76-year-old man who had 
been held in prison for 29 years without trial because he had been 
judged unfit to plead due to mental illness. Following public scrutiny, 
the Government acted swiftly to determine the number of such cases 
(which human rights advocates estimated at between 200 and 500) and 
bring them before the courts. During the year, between 20 and 25 
mentally ill persons were released, and human rights organizations 
helped some of them to file false imprisonment cases against the 
Government. Each new ``unfit to plead'' case must be brought to the 
court's attention once per month, and human rights organizations were 
satisfied that such persons were less likely to be forgotten.
    The law requires police to present a detainee in court within a 
reasonable time period, but the authorities continued to detain 
suspects beyond such a period, which the Government attributed to an 
overburdened court system that could not accommodate large numbers of 
such presentations in a timely manner (see Section 1.e.). Magistrates 
inquired at least once a week into the welfare of each person listed by 
the JCF as detained. There was a functioning bail system.
    Foreign prisoners must pay for their own deportation when they have 
completed their sentences. If they could not afford to pay, they were 
jailed until relatives or consulates could arrange for transportation.
    The Constitution prohibits forced exile, and there were no reports 
that it occurred.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, which generally existed in practice. However, 
the judicial system was overburdened and operated with inadequate 
resources.
    Three courts handle criminal matters at the trial level. Resident 
magistrates try lesser offenses (misdemeanors). A Supreme Court judge 
tries more serious felonies, except for felonies involving firearms, 
which are tried before a judge of the Gun Court. Defendants had the 
right to appeal a conviction in any of the three trial courts to the 
Court of Appeal, which is the highest court in the country. This appeal 
process resulted in frequent delays. The Constitution allows the Court 
of Appeal and the Parliament, as well as defendants in civil and 
criminal cases, and plaintiffs in civil cases, to refer cases to the 
Judicial Committee of the Privy Council in the United Kingdom as a 
final court of appeal.
    The lack of sufficient staff and resources hindered due process. 
For example, the media reported in August that 80 percent of coroner's 
inquests ordered by the DPP were yet to be held. The BSI also was faced 
with a large backlog. As of December 1, the BSI had investigated 521 of 
976 shooting incidents during the year. Trials in many cases were 
delayed for years, and other cases were dismissed because files could 
not be located. A night court had some success in reducing the backlog 
of cases.
    The defendant's right to counsel is well established. Legal aid 
attorneys were available to defend the indigent, except those charged 
with certain offenses under the Money Laundering Act or Dangerous Drugs 
Act. The Public Defender may bring cases for persons who have had their 
constitutional rights violated. The Public Defender's Office contracted 
private attorneys to represent clients. There were sufficient funds and 
legal aid attorneys to meet demand.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits arbitrary intrusion by the 
State into the private life of an individual. The revised Jamaica 
Constabulary Force Act gives security personnel broad powers of search 
and seizure similar to those granted by the former Suppression of 
Crimes Act. The act allows search without a warrant of a person on 
board or disembarking a ship or boat, if a police officer has good 
reason to be suspicious. In practice, the police conducted searches 
without warrants. There were no allegations of unauthorized wiretapping 
by the police.
    In 2000 the media reported allegations that a special police unit 
wiretapped telephones without proper authorization in an investigation 
of police involvement in narcotics trafficking. Following an 
investigation, in July 2001, the DPP ordered that the civilian head of 
the unit and two telephone company employees be charged with 
interfering in the operation of a public utility. In December the case 
against the two employees was scheduled for a hearing; the other person 
was thought to be living outside the country.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice.
    The four largest newspapers, all privately owned, regularly 
reported on alleged human rights abuses, particularly those involving 
the JCF. Foreign publications were widely available. There were 3 
television stations and 16 radio stations. The Government's 
broadcasting commission has the right to regulate programming during 
emergencies. Foreign television transmissions were unregulated and 
widely available through satellite antennas and cable operators.
    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 freedom of assembly, and the Government generally 
respected this right in practice. There were several community protests 
against police actions during the year. Residents staged demonstrations 
to protest incidents such as the alleged unwarranted police killing of 
a man in December 2001, and the July police killing of a child (see 
Section 1.a.).
    Security personnel generally acted with restraint during public 
demonstrations. In August local police units used tear gas against 
protesting residents and fired into the air during a violent protest 
against the alleged police killing of a man in Trench Town. The police 
alleged that the man was a wanted murderer who engaged them in a gun 
battle.
    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.
    Members of the Rastafarian community complained that law 
enforcement officials unfairly targeted them. However, it was not clear 
whether such complaints reflected discrimination on the basis of 
religious belief or due to the group's illegal use of marijuana, which 
is used as part of Rastafarian religious practice. Rastafarianism is 
not a recognized religion under the law. In January the Public 
Defender's office brought a case to the Constitutional Court to gain 
government support of Rastafarianism as a religion, which was scheduled 
for a hearing in February 2003.
    Rastafarians had no right to prison visits by Rastafarian clergy. 
In August 2001, the Public Defender's Office filed a lawsuit against 
the Government on behalf of a Rastafarian prisoner who charged that he 
was denied the right to worship. The prisoner complained that he had no 
access to the ministrations by clergy afforded to prisoners of other 
religions. The Commissioner of Corrections and Attorney General were 
named as respondents; the suit had yet to be heard.
    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 provided 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 
office of the U.N. High Commissioner for Refugees and other 
humanitarian organizations in assisting refugees. The Government 
established a committee and formal procedures to review claims to 
refugee status. In November 2001, a group of 128 Haitians arrived in 
the country. According to immigration officials, 122 were judged to be 
economic migrants and were not considered for asylum. The other six 
Haitians were considered for asylum; their appeals were heard on 
September 2, and they were granted asylum. The committee denied all 
claims to refugee status by Cubans during the year.
    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 periodic 
elections held on the basis of universal suffrage. All citizens age 18 
and over had the right to vote by secret ballot. However, voters living 
in ``garrison communities'' in inner-city areas dominated by one of the 
two major political parties faced substantial influence and pressure 
from politically connected gangs and young men hired by political 
parties, which impeded the free exercise of their right to vote. 
Although there is a history of political violence and killings in the 
period leading up to elections, the October 16 elections were less 
violent than previous general elections. There were some reports of 
intimidation of voters and party agents.
    Two political parties--the PNP and the JLP--have alternated in 
power since the first elections in 1944; however, Prime Minister P.J. 
Patterson's PNP won an unprecedented fourth consecutive term and 34 of 
the 60 seats in Parliament in the October elections. The opposition JLP 
held 26 seats; none of the other parties won a seat or received a 
significant percentage of votes in any constituency.
    Improvements in the electoral system, including introduction of new 
voter's identification cards, the inclusion of voter's pictures on the 
voter's list, and fingerprinting of voters at registration helped to 
reduce fraudulent voting, which was more prevalent in 1997 elections.
    Incidents of violence and intimidation--including killings, 
gunfire, and stone throwing--occurred throughout the election period 
(see Section 1.a.). After campaign rallies of both parties, opposing 
party supporters stoned buses carrying home rally-goers, resulting in 
minor injuries. The police rerouted buses to minimize confrontations 
between party supporters. The security forces controlled violence and 
generally acted with restraint throughout the election period. Most 
killings were attributed to criminal rather than political motives.
    During the general election campaign, both international and local 
observer groups concluded that the occurrence of violence, although 
reduced, continued to be a serious concern in the electoral process. 
Problems persisted in the garrison communities, including intimidation 
of party agents and voters of nondominant parties and restrictions on 
the movement of voters and election workers. International observers 
found that intimidation of voters and poll workers appeared to decrease 
relative to past elections, but was still a problem. They found that 
the election preparations showed significant advances over the past, 
and that the security forces played a critical role on election day in 
maintaining peace and order. The international observers lauded the 
Code of Conduct, the central Elections Center, and the office of the 
Political Ombudsman as advances over the 1997 elections.
    There were no legal restrictions on the participation of women in 
politics. Women held about 8 percent of all political offices and 30 
percent of the senior civil service positions. Three of the 17 cabinet 
members were women, one of whom was also the PNP General Secretary.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of human rights groups operated without government 
restriction, investigating and publishing their findings on human 
rights cases. The Independent Jamaica Council for Human Rights was the 
country's only formal organization concerned with all aspects of human 
rights. The nongovernmental organization (NGO) Jamaicans for Justice 
was a human rights group created in 1999 in response to concerns about 
police impunity; it focused on the issues of extrajudicial killing and 
excessive use of force by the police. Jamaicans for Justice reported 
that undercover police regularly attended its meetings. The group wrote 
a weekly newspaper column and had a cordial relationship with the 
police. For example, following the April killing of a police constable, 
the group called that killing an ``attack on the justice system.'' 
government officials generally were cooperative and responsive to the 
views of human rights organizations. However, in June the Attorney 
General and Minister of Justice responded to NGO scrutiny of the 
Government's handling of specific human rights abuses such as the 
Breaton and Gayle cases (see Section 1.a.). He stated that judging a 
country's human rights record solely on abuses carried out by members 
of the security forces ``cannot serve the cause of protecting the 
rights of our citizens in a comprehensive and wholesome manner.''
    The Public Defender's Office brings cases on behalf of those who 
charged that their constitutional rights were violated. The office 
incorporated the former post of Parliamentary Ombudsman, intended to 
provide citizens protection against abuses of state power and damage 
caused by unjustifiable administrative inaction, and expanded that role 
to include protection of citizens whose constitutional rights were 
infringed. The office contracted private attorneys to bring suits 
against the Government on behalf of private citizens. During the year, 
the Public Defender successfully sought compensation for a number of 
citizens, including two jailed toddlers (see Section 1.c.) and a 
prisoner who had his hand broken by a warden at St. Catherine prison. 
The Public Defender also was seeking compensation for a police officer 
who had his murder conviction overturned by the Privy Council. That 
officer spent 11 years in prison, and his Privy Council appeal was held 
up for 5 years due to the State's failure to provide the court 
reporter's notes to the Privy Council.
    On July 26, the Senate approved the Political Ombudsman (Interim) 
Act, which separated the functions of the Political Ombudsman from the 
Public Defender's Office. The Political Ombudsman became a functionary 
of the Parliament, charged with monitoring the actions of political 
parties and their supporters in an effort to reduce political violence 
(see Sections 1.a. and 3). The Political Ombudsman is charged 
officially with investigating any action taken by a political party, or 
its members or supporters, that may constitute a breach of any 
agreement or code (such as the Code of Political Conduct, signed by 
party leaders in June), or is likely to prejudice good relations 
between supporters of the political parties. The act also empowers the 
Political Ombudsman to appoint a tribunal or political party 
representatives to investigate complaints.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution prohibits discrimination on grounds of race, place 
of origin, political opinions, color, creed, or sex. The Government 
generally enforced these prohibitions in practice, except for 
widespread discrimination on the basis of political opinion in the 
distribution of scarce governmental benefits, including employment, 
especially in the garrison communities (see Section 3).
    The Jamaica Forum for Lesbians, All Sexuals, and Gays released 
testimony alleging human rights abuses, including police harassment, 
arbitrary detention, mob attacks, stabbing, harassment of gay patients 
by hospital staff, and targeted shootings of homosexuals. In October 
the United Kingdom granted three gay men asylum based on their fear of 
persecution in Jamaica, and other such asylum applications reportedly 
were pending. Individuals committed acts of violence against suspected 
homosexuals; for example, in May a neighbor broke into a private home 
and caught two boys in a homosexual act. He called other neighbors who 
joined him in the home. The neighbors beat the boys until they fled, 
leaving their clothing behind.

    Women.--Social and cultural traditions perpetuate violence against 
women, including spousal abuse. Violence against women was widespread, 
but many women were reluctant to acknowledge or report abusive 
behavior, leading to wide variations in estimates of its extent. During 
the year, the number of reported incidents of rape decreased by 4 
percent; however, NGOs stressed that the vast majority of rapes were 
not reported. The JCF rape investigative and juvenile unit, which was 
headed by a female deputy superintendent, handled sex crimes. The 
Domestic Violence Act provides remedies for domestic violence, 
including restraining orders and other noncustodial sentencing. 
Breaching a restraining order is punishable by a fine of up to about 
$200 (J$10,000) and 6 months' imprisonment.
    There is no legislation that addresses sexual harassment, and it 
was a problem. There were no reports of sexual harassment of women by 
the police. Some observers believed that women did not report such 
incidents because there was no legal remedy.
    The law prohibits prostitution; however, it was widespread, 
especially in tourist areas.
    The Constitution and the Employment Act accord women full legal 
equality; however, in practice women suffered from discrimination in 
the workplace and often earned less than their male counterparts. The 
Bureau of Women's Affairs, reporting to the Minister of Development, 
oversaw programs to protect the legal rights of women. These programs 
had limited effect but raised the awareness of problems affecting 
women. During the year, the Bureau completed a review of a number of 
laws for gender bias and forwarded this review to Parliament.
    There was an active community of women's rights groups. A month 
before the October election, 25 NGOs presented their ``Women's 
Manifesto,'' which particularly noted the ``lack of national attention 
to sexual crimes'' and called on candidates and parties to commit to 
principles of the manifesto. Chief among the groups' concerns was the 
prevalence of a societal indifference toward, or acceptance of, rape 
and other sexual crimes against women and girls. The launch had 
moderate media support and coverage but little impact on election 
debates. Women's groups were concerned with a wide range of issues, 
including violence against women, political representation, employment, 
and the image of women presented in the media.

    Children.--The Government was committed to improving children's 
welfare. The Ministry of Education, Youth, and Culture was responsible 
for implementation of the Government's programs for children. The 
Educational Act stipulates that all children between 6 and 12 years of 
age must attend elementary school. However, due to economic 
circumstances, thousands of children were kept home to help with 
housework and avoid school fees.
    A National Youth Development Center, part of the Ministry of 
Education, Youth, and Culture, coordinated youth programs.
    There was no societal pattern of abuse of children; however, there 
were numerous reports of rape and incest, especially in inner cities. 
NGOs reported that inner city ``dons'' or community leaders and 
sometimes even fathers initiated sex with young girls as a ``right.'' 
There were 270 reported cases of carnal abuse--sex with girls under 
16--during the year. The Government expressed concern about child abuse 
and admitted that incidents were underreported. Child prostitution was 
a problem (see Section 6.f.).
    The Juvenile Act addresses several areas related to the protection 
of children, including the prevention of cruelty, a prohibition on 
causing or allowing juvenile begging, the power to bring juveniles in 
need of care or protection before a juvenile court, the treatment of 
juvenile offenders, the regulation and supervision of children's homes, 
and restrictions on employment of juveniles. However, resource 
constraints resulted in juveniles ``in need of care or protection'' 
being incarcerated in police lockups with adults (see Section l.c.).
    In 2001 the Government began the Possibilities Program to alleviate 
the problems of street children; the program included a care center, a 
resocializing center, and three skills centers.

    Persons with Disabilities.--No laws mandate accessibility for 
persons with disabilities, who encountered discrimination in employment 
and denial of access to schools. Several government agencies and NGOs 
provided services and employment to various groups of persons with 
disabilities. The Minister of State for Labor and Social Security, who 
is blind, reported that out of a disabled population of approximately 
250,000, only about 200 persons were gainfully employed--90 percent by 
the Government. The Government trained persons with disabilities for 
jobs within the information technology sector, and added two buses 
equipped with hydraulic lifts for wheelchairs during the year. In 2001 
it was reported that numerous persons declared unfit to plead remained 
in prison without trial (see Section 1.d.). Human rights organizations 
were satisfied with the Chief Justice's order that each ``unfit to 
plead'' case be brought to the court's attention once a month.

Section 6. Worker Rights

    a. The Right of Association.--The law provides for the right to 
form or join a trade union, and unions function freely and 
independently of the Government. The Labor Relations and Industrial 
Disputes Act (LRIDA) defines worker rights. There was a spectrum of 
national unions, some of which were affiliated with political parties. 
Between 10 and 15 percent of the work force was unionized. The 
country's poor economy led to a decline in union membership. Some 
companies laid off union workers then rehired them as contractors with 
reduced pay and benefits. The LRIDA prohibits antiunion discrimination, 
and employees may not be fired solely for union membership. The 
authorities enforced this law effectively.
    All major trade unions were affiliated with some major regional or 
international labor organizations.

    b. The Right to Organize and Bargain Collectively.--There were no 
reports of government interference with union organizing efforts during 
the year. Judicial and police authorities effectively enforced the 
LRIDA and other labor regulations. All parties were committed firmly to 
collective bargaining in contract negotiations, even in some nonunion 
settings. An independent Industrial Disputes Tribunal (IDT) hears cases 
where management and labor fail to reach agreement. Any cases not 
resolved by the IDT pass to the civil courts. The IDT generally handled 
35 to 40 cases each year. Most were decided within 90 days, but some 
took longer to resolve due to the complexity of the dispute or delays 
requested by the parties.
    Collective bargaining is denied to a bargaining unit if no single 
union represents at least 40 percent of the workers in the unit in 
question, or when the union seeking recognition for collective 
bargaining purposes does not obtain 50 percent of the votes of the 
total number of workers (whether or not they are affiliated with the 
union). The International Labor Organization (ILO) Committee of Experts 
(COE) considered that where there was no collective bargaining 
agreement and where a trade union did not obtain 50 percent of the 
votes of the total number of workers, that union should be able to 
negotiate at least on behalf of its own members. The COE requested the 
Government to take necessary measures to amend this legislation. The 
Government contended that this would unduly lengthen negotiations.
    The LRIDA neither authorizes nor prohibits the right to strike, but 
strikes did occur. Striking workers could interrupt work without 
criminal liability but could not be assured of keeping their jobs. 
Other than in the case of prison guards, there was no evidence of any 
workers losing their jobs over a strike action. Workers in 10 broad 
categories of ``essential services'' are prohibited from striking, a 
provision the ILO repeatedly criticized as overly inclusive.
    There were a few strikes during the year. In November electric 
utility company workers defied a 30-day injunction against strike 
action issued by the Supreme Court and staged a brief strike. At year's 
end, the Ministry of Labor was involved, and negotiations continued.
    Beginning in 1999, prison guards conducted an islandwide sickout to 
protest the proposed reappointment of the Commissioner of Corrections. 
When 800 guards failed to comply with an order to return to work, the 
authorities placed them on forced leave at one-fourth pay, brought 
disciplinary charges against the guards, and declared the work stoppage 
illegal. On May 13, the Public Services Commission accepted the 
petition from the National Security Minister not to proceed with 
charges against those correctional officers who accepted the negotiated 
agreement between the Government and their unions, and 616 warders were 
reinstated. They were expected to receive approximately $9.4 million 
(J$450 million) in back wages.
    Domestic labor laws applied equally to the ``free zones'' (export 
processing zones). However, there were no unionized companies in any of 
the 3 publicly owned zones, which employed 7,813 workers. Organizers 
attributed this circumstance to resistance to organizing efforts by 
foreign owners in the zones, but attempts to organize plants within the 
zones continued. Company-controlled ``workers' councils'' handled 
grievance resolution at most free zone companies, but they did not 
negotiate wages and conditions with management. Management determined 
wages and benefits within the free zones. The Ministry of Labor is 
required to perform comprehensive factory inspections in the free zones 
once each year, and in practice it performs them at 6- to 9-month 
intervals. There were no reports of substandard or unsafe conditions in 
the free zone factories.

    c. Prohibition of Forced or Bonded Labor.--The Constitution does 
not specifically prohibit forced or bonded labor by either adults or 
children, but there were no reports that this practice occurred.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Juvenile Act provides that children under the age of 
12 shall not be employed except by parents or guardians, and that such 
employment may be only in domestic, agricultural, or horticultural 
work. It also prohibits children under the age of 15 from industrial 
employment. The police are mandated with conducting child labor 
inspections, and the Ministry of Health is charged with finding places 
of safety for children. However, according to Ministry officials, 
resources to investigate exploitative child labor were insufficient. 
Children under the age of 12 were seen peddling goods and services or 
begging on city streets. There were also reports that underage children 
were employed illegally in fishing communities and in prostitution (see 
Section 5).
    With assistance from the ILO's International Program for the 
Elimination of Child Labor, the Government undertook several sector-
specific programs to study and combat child labor. These included a 
data collection component, awareness raising activities, and direct 
action to identify and withdraw children from the worst forms of child 
labor, particularly prostitution, fishing, tourism, and the informal 
sectors. An ILO adviser overseeing the project was assigned to the 
Labor Ministry and conducting various assessments of the problem.

    e. Acceptable Conditions of Work.--The Government sets the minimum 
wage, after receiving recommendations from the National Minimum Wage 
Advisory Commission. The minimum wage, raised from $25 (J$1,200) to $38 
(J$1,800) per week during the year, was considered to be inadequate to 
provide a decent standard of living for a worker and family. Most 
workers were paid more than the legal minimum, except in the tourism 
industry. Work over 40 hours per week or 8 hours per day must be 
compensated at overtime rates, a provision that was observed widely.
    The Labor Ministry's Industrial Safety Division sets and enforces 
industrial health and safety standards, which were considered adequate. 
Public service staff reductions in the Ministries of Labor, Finance, 
National Security, and the Public Service contributed to the 
difficulties in enforcing workplace regulations.
    Industrial accident rates, particularly in the bauxite and alumina 
industry, remained low. The law provides workers with the right to 
remove themselves from dangerous work situations without jeopardy to 
their continued employment if they are trade union members or covered 
by the Factories Act. The law does not specifically protect other 
categories of workers in those circumstances.

    f. Trafficking in Persons.--The law does not prohibit specifically 
trafficking in persons; however, there are laws against assault and 
fraud, and other laws establish various immigration and customs 
regulations. A 2000 ILO study found child prostitution, involving girls 
as young as 10 years old, to be a widespread problem in all parts of 
the country. Other than that, there were no confirmed reports that 
persons were trafficked to, from, or within the country.
                               __________

                                 MEXICO

    Mexico is a federal republic composed of 31 states and a federal 
district, with an elected president and a bicameral legislature. In 
July 2000, voters elected President Vicente Fox Quesada of the Alliance 
for Change Coalition in historic elections that observers judged to be 
generally free and fair, and that ended the Institutional Revolutionary 
Party's (PRI) 71-year hold on the presidency. The peace process in 
Chiapas between the Zapatista National Liberation Army (EZLN) and the 
Government remained stalled. The EZLN has been silent since the passing 
of the Indigenous Rights and Culture law in August of 2001. There has 
been no dialogue between the EZLN and the Government since then because 
the EZLN refused to meet with the Government's representative, Luis H. 
Alvarez. Sporadic outbursts of politically motivated violence continued 
to occur throughout the country, particularly in the southern states of 
Chiapas, Guerrero, and Oaxaca. The judiciary is generally independent; 
however, on occasion, it was influenced by government authorities 
particularly at the state level. Corruption, inefficiency, impunity, 
disregard of the law, and lack of training are major problems.
    The police forces, which include federal and state judicial police, 
the Federal Preventive Police (PFP), municipal police, and various 
police auxiliary forces, have primary responsibility for law 
enforcement and maintenance of order within the country. However, the 
military played a large role in some law enforcement functions, 
primarily counternarcotics. There were approximately 5,300 active duty 
military personnel in the PFP as permitted by the 1972 Firearms and 
Explosives Law. Elected civilian officials maintain effective control 
over the police and the military; however, corruption is widespread 
within police ranks and also is a problem in the military. The military 
maintained a strong presence in the state of Chiapas and a lesser, but 
still significant, deployment in Guerrero. Military personnel and 
police officers committed human rights abuses.
    During the year, the market-based economy began a slow recovery 
after the 2001 global economic slowdown. In 2001 the country's 
population was estimated at 98.8 million persons. Gross Domestic 
Product grew at an annualized rate of 2.1 percent during the first half 
of the year after declining by 0.3 percent in 2001. The rate of 
inflation was 4.4 percent. Leading exports included petroleum, 
automobiles, and manufactured and assembled products, including 
electronics and consumer goods. During the year, industrial production 
slowly recovered after contracting by 2.5 percent in 2001. Over the 
last year, automobile production, a key sector, fell by 2.7 percent; 
however, economic forecasters anticipate automobile production will 
grow in the future. Average wages increased by 5.8 percent during the 
year, slightly higher than the 5.5 percent rate of inflation in the 
same period in 2001 and higher than the Government's target rate of 4.5 
percent. An estimated 25 percent of the population resides in rural 
areas where subsistence agriculture is common. Income distribution 
remains skewed: in 2000, the top 10 percent of the population received 
37.8 percent of total income while the bottom 20 percent earned an 
estimated 3.6 percent.
    The Government generally respected many of the human rights of its 
citizens; however, serious problems remained in several areas, and in 
some states, especially Guerrero, Oaxaca, and Chiapas, where a poor 
climate of respect for human rights presented special concern. Federal 
and state law enforcement officials and one member of the military were 
accused of committing unlawful killings. There were reports of 
vigilante killings. There were documented reports of disappearances. 
The police sometimes tortured persons to obtain information. 
Prosecutors used this evidence in courts, and the courts continued to 
admit as evidence confessions extracted under torture. There were cases 
of police torture of suspects in custody that resulted in deaths. 
Impunity remained a problem among the security forces, although the 
Government continued to sanction public officials, police officers, and 
members of the military. Widespread police corruption and alleged 
police involvement in narcotics-related crime continued, and police 
abuse and inefficiency hampered investigations. Narcotics-related 
killings and violence increased, particularly in the northern states 
and Mexico City. Prison conditions were poor. The police continued to 
arrest and detain citizens arbitrarily. Lengthy pretrial detention, 
lack of due process, and judicial inefficiency and corruption 
persisted. The authorities on occasion violated citizens' privacy. 
Indigenous people's access to the justice system continued to be 
inadequate. There were reports of forced sterilizations in marginalized 
communities, especially indigenous areas. Human rights groups reported 
that armed civilian groups in the state of Chiapas continued to commit 
human rights abuses, and some observers alleged that the Government 
used excessive force during incidents of conflict with likely 
sympathizers of rebel groups in Chiapas and Guerrero. There was an 
increase in confrontations between armed civilian groups and 
sympathizers of the Zapatista National Liberation Army (EZLN). Isolated 
guerrilla attacks against government property and personnel continued; 
however, there were fewer such attacks than in previous years. 
Journalists investigating drug trafficking occasionally were threatened 
by narcotics traffickers, primarily in the northern states. Corrupt 
members of the police sometimes violated the rights of illegal 
immigrants. Human rights workers continued to be subjected to attacks 
and harassment. Violence and discrimination against women, indigenous 
people, religious minorities, homosexuals, and individuals with HIV/
AIDs persisted. Sexual exploitation of children continued to be a 
problem. There were credible reports of limits on freedom of 
association and worker rights. There was extensive child labor in 
agriculture and the informal economy. Trafficking in persons, including 
children, remained a problem, and there were credible reports that 
police and other officials were involved in trafficking. Mexico 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 Government continued to take important steps to improve the 
human rights situation; however, its efforts continued to meet with 
limited success in many areas. In addition, it increased its efforts to 
enhance cooperation with the international community and with domestic 
human rights groups during the year. The coordination of the Inter-
Secretarial Commission on Human Rights, composed of members from the 
secretariats of government (SEGOB), Foreign Relations (SRE), Defense 
(SEDENA), the Attorney General's office (PGR) and others, has passed 
from the SRE to the SEGOB, with the added participation of civil 
society and human rights NGOs as permanent members rather than as 
observers. On July 30, the Secretary of government, Santiago Creel, 
announced the creation of a new sub-secretariat for human rights tasked 
with attending efficiently to political and social conflicts, 
fortifying relations with Congress to promote human rights-related 
legislation, and emphasizing the President's commitment to human 
rights. The new sub-secretary had not been named at year's end. On July 
1, Foreign Minister Jorge Castaneda and U.N. High Commissioner for 
Human Rights (UNHCHR) Mary Robinson jointly announced the establishment 
of a UNHRC office in Mexico. The office will help the Government 
undertake a study of the human rights situation in the country and to 
formulate a national human rights program. On November 11, President 
Fox met with Amnesty International secretary general Irene Kahn who 
reproached the President for the lack of progress in the investigation 
of the death of Digna Ochoa and the lack of a cohesive national human 
rights plan. Fox emphasized the Government's commitment to human 
rights.
                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:

    a. Arbitrary or Unlawful Deprivation of Life.--Members of the 
security forces and federal and state police were accused of committing 
a number of killings during the year.
    On March 29, members of Federal Investigations Agency (AFI) under 
the PGR's office arrested Guillermo Velez Mendoza for suspected 
involvement in a kidnaping case. Velez died in the custody of the AFI 
agents 5 hours later. Varied initial reports stated that Velez died of 
natural causes while in custody, while being subdued during an attempt 
to escape, or as the result of a fall; however, subsequent 
investigations revealed that he died from asphyxiation while being 
tortured. On May 14, the National Human Rights Commission (CNDH) ruled 
that Velez was subjected to ``arbitrary detention, cruel and degrading 
treatment and homicide.'' On August 8, the Mexico State Attorney 
General's office ordered (PGJEM) the arrest of five AFI agents for 
being accessories to aggravated homicide, acting against the 
administration of justice, and abusing authority. One of the agents, 
commander Hugo Armando Muro Arellano, who is suspected of applying the 
headlock which resulted in Velez' death, was freed on bail and was a 
fugitive at year's end.
    On May 20, elements of the Federal District Secretariat of Public 
Security (SSP) arrested Jose Gabriel Martinez Romero, an active duty 
major in the Armed Forces, in a hotel in Mexico City for disorderly 
conduct and possession of a gun and transported him to a PGR sub-
delegation office in Azcapotzalco. Police found him dead in the back of 
the vehicle when it arrived at the PGR office. Investigations revealed 
that cause of death was pulmonary arrest and hemorrhage of the 
pancreas. The authorities implicated 25 police officers in the death. 
At year's end, 6 officers were released, 17 remained in custody pending 
further investigation, and 2 had not been found.
    On May 24, a group of soldiers shot at a group of Central American 
migrants, killing two Hondurans, Elmer Alexander Pacheco Barahona and 
another youth only known as David, both age 16, and wounding two, 
Pacheco's brother Antonio and Jose Rodolfo Rivas Ramirez from El 
Salvador. In November the authorities arrested and charged soldier 
Ricardo Olvera Venegas with the killing of two youths.
    On May 28, in Monterrey, Nuevo Leon state, Francisco Medellin 
Alberto died in custody during an interrogation by the ministerial 
police who arrested him on suspicion of robbing an automatic teller 
machine. The PGR confirmed that Medellin died of asphyxiation while 
apparently being tortured in the basement of the Ministerial Police 
building. Two police agents abandoned the body at the University 
Hospital. Suspects Juan Manuel Gutierrez Navarro, Juan Cruz Rosales, 
and Sergio Martinez Acosta had been arrested, and Jorge Julio 
Estupinian de la Rosa was a fugitive at year's end. Three other police 
agents are suspected of involvement in the death. The investigation 
continued at year's end.
    On June 17, Roberto Carlos Mendoza Zuniga died in his cell at the 
PGR in San Nicolas, Nuevo Leon state from a gunshot wound inflicted by 
police agent Alejandro Huerta Rivera during a scuffle with Mendoza 
after his arrest on June 15 for possession of marijuana and 
drunkenness. Huerta Rivera and another agent, Cesar Alberto Perez 
Melendez, were arrested in connection with the death. The investigation 
continued at year's end.
    On June 11, SSP agents shot Josue Ulises Banda Cruz, age 17, while 
he was running away from police. The police proceeded to load Banda 
into the police car and drove off. His body was found in front of a 
house in Colonia Granjas in Mexico City a short time later. The Federal 
District Human Rights Commission (CDHDF) condemned the police actions. 
Sixty-two police were under investigation by Federal District 
authorities for suspected involvement or cover up in the crime. David 
Leon Mendez, director of the Sector Police, was temporarily suspended 
pending investigation into his part in covering up for two police 
officers sought in the case.
    On May 31, an undetermined number of assailants shot and killed 26 
peasant farmers near Agua Fria, Oaxaca. Police arrested 16 persons from 
Santo Domingo Tejomulco in connection with the crime. The National 
Human Rights Commission (CNDH) determined that the killing was part of 
an ongoing land dispute between the two communities dating back to 1935 
and called on state judicial authorities to continue to investigate the 
killing.
    There were no significant developments in the investigation into 
the October 2001 death of human rights defender Digna Ochoa y Placido 
(see Section 4).
    At year's end, government authorities were investigating the July 
2001 killing of Everardo Obregon Sosa, a municipal Democratic 
Revolutionary Party (PRD) leader in Culiacan, Sinaloa.
    During the year, federal judges denied the request for release of 
federal police officers Jorge Encarnacion Perez Barreto and Fabian 
Garcia Venegas, accused of killing Hector Manuel Bear Alvarez and 
wounding six other persons in May 2001. Both officers remained in 
prison at year's end. Fabian Garcia Venegas, had other outstanding 
charges against him, including abuse of prisoners (see Section 1.c.).
    During the year, the Mexico State Human Rights Commission (CEDH) 
completed its investigation of the June 2001 death of Alfonso Escamilla 
Casimiro in his cell in Teoloyucan, Mexico state and made a six-point 
recommendation to the Teoloyucan Municipal Police, including the 
investigation of three agents of the Transit and Public Security Office 
and three members of the Office of Civil Protection and Firemen. The 
Municipal Police completed four of the recommendations, and partially 
completed two others. The Municipal Police declined to investigate the 
public servants due to lack of evidence.
    At year's end, it was not known whether judicial proceedings had 
begun against Vicente Pena Zuniga, Efrain Cruz Bruno, and Nicasio 
Bernardino Lopez for the May 2001 killing of Fidel Bautista Mejia in 
Putla, Oaxaca.
    There were no significant developments in the investigation of the 
May 2001 killing of Jesus Carrola, former chief of the Mexico City 
judicial police force, and his two brothers. The Mexico City Human 
Rights Office (CDHDF) found that there had been a violation of human 
rights; however, the CDHDF closed the case in June 2001.
    No information from Military Justice was available concerning the 
charges against military personnel for the separate January 2001 
killings of Esteban Martinez Nazario and Rodrigo Torres Silvain.
    On August 13, judicial policemen Luis Carlos Morales Romo, Jose 
Isable Vargas Davila, Armando Ovando Rios and Marco Antonio Constantino 
Gonzalez were tried and found guilty of homicide and aggravated robbery 
for the 2001 killing of 10-year-old Roberto Blancas.
    There were no developments in the investigation of the November 
2001 abduction and killing of Raul Varela Meza, Juan Antonio Chavez, 
Eduardo Ramirez, and Lorenzo Barraza in Ciudad Juarez.
    There were several killings of journalists during the year, 
allegedly by narcotics traffickers (see Section 2.a.).
    There were a number of deaths in prisons during the year. The CNDH 
investigated three cases during the year. Two were confirmed to be 
suicides and one was under investigation at year's end.
    There were numerous reports of executions carried out by rival drug 
gangs, whose members included both active and former federal, state, 
and municipal security personnel. Throughout the country, but 
particularly in the northern border states, violence related to 
narcotics trafficking continued. The preliminary number of documented 
deaths related to narcotics trafficking for the year was 123; however, 
the final confirmed number may be significantly greater. Most of the 
deaths were execution style killings. Between January and August 31, 57 
murders with presumed or proven drug connections occurred in the Ciudad 
Juarez area, a 62 percent increase over the number of killings in the 
same period last year.
    On November 12, heavily-armed assailants killed four police 
officers and wounded five in a shootout in Sinaloa's capital city of 
Culiacan. The police wounded three of the attackers, and one of them 
later died in a hospital. Police had not commented officially on a 
motive by year's end. Sinaloa has been plagued with drug-related 
shootings in the past.
    In November the governor of Nayarit state asked federal authorities 
to help investigate a series of violent incidents in the state's 
mountain region. The incidents began in July and resulted in at least 
eight deaths, including that of a police officer, a state government 
employee, and a city councilman in La Yesca. Local law enforcement 
officials stated that these incidents were nothing other than the work 
of common bandits. However, local residents alleged that guerrilla 
groups committed the killings. State and federal authorities determined 
that the violent incidents were the work of ordinary criminals and 
launched a public information campaign.
    The police and military were accused of committing serious human 
rights violations as they carried out the Government's efforts to 
combat drug cartels. In the first 80 days of the Fox administration, 
there were nearly 2,000 arrests nationwide connected to drug 
trafficking. There were several instances in which members of security 
forces, including military elements, have been apprehended for working 
for or with narcotics traffickers.
    On June 7, two soldiers from the 37th Infantry Battalion and two 
indigenous local residents were killed in the vicinity of Huecato, 
Michoacan, during a gun battle when a routine patrol came across a 
group of indigenous people who were allegedly engaged in illegal 
logging. A third soldier was injured. It was not clear who started the 
shooting. No formal complaint had been made to either the state or 
national commission on human rights regarding the initial incident. The 
Congressional Human Rights Commission for the state of Michoacan 
reportedly initiated an investigation.
    In December 2001, Jose Romualdo Quintero Carrizoza was arrested in 
Tijuana, Baja California, in an anti-kidnaping operation. Subsequent 
investigations between authorities in Baja California and Sinaloa and 
fingerprint matches identified Quintero as being one of the 
perpetrators of the February 2001 killing of 12 persons in the town of 
El Limoncito, Sinaloa. Investigations into the case continued at year's 
end.
    There were no developments in the 2000 hanging deaths near El 
Quelite, Sinaloa state of five men with known drug connections whom 
witnesses alleged were detained by individuals in PFP uniforms.
    Investigations into the presumed suicide of Jose Manuel Urbina, who 
was found drowned in a Durango state security facility in 2000, found 
that Urbina had hidden from police officers in the water cistern of the 
house where he was being held. The police officers were given 
administrative sanctions for dereliction of duty. The policemen were 
drinking that night and did not realize Urbina had hidden in the 
cistern.
    On November 13, press sources reported that 18 persons were 
sentenced to 36 years and 3 months in prison for their participation in 
the killings of 45 persons in Acteal, in the Chenalho municipality of 
Chiapas in 1997. Twenty-nine arrest warrants were still outstanding at 
year's end. During a visit to Mexico in July, Juan Mendez, president of 
the Inter-American Human Rights Commission (IAHCR), met with NGOs and 
family members to follow up on progress made on the Acteal case.
    In January the Attorney General of Military Justice announced the 
reopening of the investigation of the 1995 death of Air Force 
Lieutenant Jose Raul Vargas Cortez. The current Secretary of Defense 
ordered the investigation reopened to determine if there were errors or 
omissions in the case.
    In June the Congress of Guerrero state requested that federal 
authorities reopen the investigation into the 1995 Aguas Blancas 
massacre of 17 indigenous farmers. Both the federal and state 
governments previously had considered the case resolved.
    On August 18, unknown armed assailants killed a PGR official and 
wounded a judicial police agent in El Bosque municipality, Chiapas. On 
September 5, seven inmates escaped from the state penitentiary in 
Mexicali, Baja California; three of the inmates still at large from the 
escape were implicated in the execution-style killing of three state 
police agents early in the year (see Section 1.c.). On September 9, 
unknown assailants killed one policeman and wounded two in an ambush in 
El Bosque. The federal Attorney General's office was investigating the 
August incident at year's end. On October 4, state police arrested two 
individuals in connection with the September incident and charged them 
with homicide, robbery, and illegal weapons possession.
    Investigations continued into the 2001 killings of two federal 
judges in Mazatlan, Sinaloa state.
    There were no developments during the year related to the June 2000 
ambush in El Bosque that left seven Chiapas state policemen dead. In 
2000, the PGR arrested PRI supporter Alberto Patishtan Gomez and EZLN 
supporter Salvador Lopez Gonzalez in connection with the ambush, on 
charges of murder, robbery, and possession of illegal weapons. The PGR 
charged that Patishtan and Lopez were part of an armed 10-person group 
that carried out the attack. Patishtan later was released for lack of 
evidence and the Fray Bartolome de Las Casas Human Rights Center 
continued to maintain Lopez's innocence, claiming there was 
insufficient proof against him as well. He remained in custody at 
year's end.
    In August Omar Alberto Morales Patino, former head of the federal 
police in Casas Grandes and Parral, Chihuahua, was arrested in the 
state of Mexico and charged with the murders of several informants in 
Chihuahua in 2000.
    There were incidents of vigilante justice. In January a crowd in 
Puebla killed Silvestre Portillo as he tried to escape after robbing 
money that was destined for an education, health, and nutrition 
program. In June a crowd in San Cristobal de las Casas, Chiapas, 
presuming that Domingo Santiz Diaz and Pascual N. (last name unknown) 
were responsible for the death of Diego Gomez Gomez, treasurer of the 
La Candelaria community education committee, lynched them and severely 
beat two other persons. On December 5, two thieves caught in the act of 
trying to rob a taxi were lynched in the Milpa Alta area on the 
outskirts of Mexico City.

    b. Disappearance.--There continued to be credible reports of 
disappearances. NGO sources continued to report that many disappearance 
cases were in fact cases of prolonged detention by security forces (see 
Section 1.d.)
    On June 3, the CDHDF concluded that at least two members of the 
Federal District Judicial Police, Leticia Cordero Becerra and Luis 
Jaffet Rodriguez Jasso, were involved in the March 14 disappearance of 
Jesus Angel Gutierrez Olvera who was forced into a waiting automobile. 
Witnesses identified Ricardo Sanchez Vascoy, another judicial 
policeman, as having demanded money from Gutierrez the day before the 
disappearance occurred. The implicated police officers were questioned 
but denied any involvement. The investigation continued at year's end. 
On October 11, the Interamerican Human Rights Commission requested 
protection for Gutierrez' mother, Leonor Olvera.
    On March 14, the Guerrero state Human Rights Commission (CEDH) 
called on the state Attorney General's office (PGJE) to process 
judicially a number of police suspected of being involved in the June 
2001 disappearance of Faustino Jimenez Alvarez. The report criticized 
the PGJE for failing to forward a copy of the investigation and for 
denying the CEDH permission to participate in the preliminary 
investigation. The CEDH also requested protection for the wife of 
Jimenez Alvarez, stating that she could be the subject of reprisals. At 
year's end, members of the Peace Brigades International provided her 
with an escort.
    In July Jose Luis Soberanes, President of the CNDH, criticized the 
Government for not acting upon the recommendations contained in the 
November 2001 CNDH's Special Program on the Presumed Disappeared 
(PREDES) report on the presumed forced disappearances of 532 persons, 
the majority dating from the 1970s. He alleged that although the 
Government had accepted the report's recommendations by creating a 
Special Prosecutor For Investigating Acts Committed Directly or 
Indirectly by Public Servants that Probably Constitute Federal Crimes 
Against Persons Associated with Social and Political Movements of the 
Past (Special Prosecutor), it had failed to act upon them.
    Ignacio Carrillo Prieto, the Special Prosecutor, continued his 
investigations into the disappearances of 532 persons and the killings 
in October 1968 and June 1971. His office created a national register 
for indigents to verify if anyone related to the disappearances during 
the ``dirty war'' of the 1960s and 1970s may have been released, but 
with deteriorated mental faculties. The office also produced a DNA data 
bank with 112 blood samples to be used to identify remains found in 
clandestine cemeteries.
    In an unprecedented move, the Special Prosecutor called former 
President Luis Echeverria to testify on his involvement in the October 
1968 killings in Tlatelolco when he was Secretary of government and the 
June 1971 ``Jueves de Corpus'' killings during his presidency. On July 
9, Echeverria appeared before the Special Prosecutor to hear more than 
150 questions; however, he failed to reappear later to answer the 
questions, even though his attorneys had been granted an extension of 
40 days.
    On November 6, Alfonso Martinez Dominguez, Head of Federal District 
government during the events in 1971, died without answering questions 
posed to him during an August 22 questioning by Carrillo Prieto. On 
November 11, the special prosecutor called retired General Luis 
Gutierrez Oropeza, head of the Presidential Security (EMP) during 1968, 
to testify. Oropeza requested an extension of time to answer in written 
form 36 questions posed by the special prosecutor's office. On December 
12, Oropeza answered most of the questions in written form. He admitted 
that he had sent elements of the Army to the plaza, but denied posting 
sharpshooters on roofs.
    On March 14, the Guerrero CEDH published a recommendation against 
16 members of the state judicial police for arbitrary detention and 
forced disappearance in the 2000 disappearance of Maximo Marcial 
Jaimes.
    On September 26, the Attorney General of Military Justice (PGJM) 
indicted Generals Francisco Quiros Hermosillo and Arturo Acosta 
Chaparro on charges of aggravated homicide during the so-called ``Dirty 
War''. The generals are accused of the death and disappearance of over 
130 persons in the state of Guerrero during the period 1971-78. On 
November 1, an all-military panel found the generals guilty of crimes 
against public health (narcotics-related), but innocent on charges of 
conspiracy and bribery. The generals received sentences of 16 and 15 
years respectively, were stripped of their rank and benefits, and 
received fines of approximately $150 (1,500 pesos). The generals 
immediately appealed their convictions. They will remain in custody 
until the trial for the human rights-related charges concludes.
    The Specialized Unit for Combating Organized Crime (UEDO) announced 
that there were 350 kidnapings for ransom during the first 8 months of 
the year compared with 732 kidnapings in 2001; however, many kidnapings 
were not reported. The UEDO also reported that it had broken up 20 
kidnaping rings and arrested 75 persons.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution and the law prohibit torture; however, it 
continued to be a serious problem. The Constitution excludes as 
evidence confessions obtained in the absence of the accused person's 
defense attorney, and the law excludes coerced confessions, including 
those extracted under torture (see Section 1.e.). To be admissible as 
evidence, confessions must be made to the Public Ministry or a judge 
and in the presence of a defense attorney. However, the police 
regularly obtain information through torture, prosecutors use this 
evidence in courts, and the courts continue to admit as evidence 
confessions extracted under torture. The military also has been accused 
of using torture. According to a July 2001 Amnesty International 
report, victims and human rights workers who report or criticize the 
practice of torture often were the targets of intimidation. Many 
victims were afraid to report or follow through on complaints against 
the police, thereby hampering prosecution of the perpetrators.
    The CDHDF reported that it had received 87 complaints of torture in 
the Federal District during the year. In 23 cases, the victims did not 
pursue their complaints. In August the Secretariat of Foreign Relations 
stated that torture is a common practice in the country; however, the 
lack of a law that provides a legal definition of torture has made it 
difficult to identify and eradicate. It is classified as abuse of 
authority or injury and therefore, a crime.
    In August Roberto Garreton, the representative for Latin America to 
the UNHCHR, stated that torture continued in the country; however, he 
stated that he had seen positive changes since he last visited the 
country in 1998.
    The Miguel Agustin Pro Center for Human Rights (PRODH) documented 
16 cases of torture in the first 6 months of the year. The police or 
the military in Colima, Guerrero, Chiapas, the Federal District, 
Jalisco, Sinaloa, Queretaro and Nuevo Leon tortured a total of 35 
persons, with involvement by the judicial police in 12 cases.
    In April the CNDH reported that the PGR had the most complaints of 
torture among federal agencies. On October 10, the PGR inaugurated new 
``Units for the Protection of Human Rights,'' which are responsible for 
overseeing that the PGR as an agency respects human rights.
    The authorities rarely punish officials for torture, which 
continues to occur in large part because confessions are the primary 
evidence in many criminal convictions. Many human rights groups link 
torture to the prevalence of arbitrary detention and claim that torture 
often follows an arbitrary arrest, sometimes without a warrant, as 
police or prosecutors attempt to justify the detention by securing a 
confession to a crime (see Section 1.d.). Poorly trained and 
inadequately equipped to investigate crimes, police officers often 
attempted to solve crimes by rounding up likely suspects and then 
extracting confessions from them by force. In July 2001, Amnesty 
International alleged that as a result those responsible for 95 percent 
of recorded crimes never are apprehended and brought to justice.
    By year's end, no official results of the PGR internal 
investigation into the April 2001 federal police beating of Angel Abel 
Duran had been released.
    During the year, the Mexico state CEDH closed its investigation 
into the 2001 beating of Alvaro Rayon because it was unable to locate 
him at the address that he provided, and he failed to provide more 
information on the incident.
    There were no developments in the February 2001 torture of Norberto 
Jesus Suarez Gomez, the head of the PGR's Chihuahua state office. The 
PGR had accepted the CNDH's recommendations and suspended 16 officials 
pending criminal and administrative investigations. Suarez remained in 
custody on illegal enrichment charges.
    On September 18, the Michoacan state human rights office reversed 
its March 2001 dismissal of allegations made by Ivan Ramirez and Israel 
Molina that they were tortured in 2000 in Nueva Italia because it 
determined that its original investigation had not been conducted 
properly.
    There were no developments in the 2000 case of Jose Luis Mendez 
Briano and Fernando Martinez Beltran, who allegedly were tortured after 
being arrested while making their getaway from a robbery.
    There were no developments in the case of the former president of 
the Guerrero state PRD, David Molina Francisco, who alleged that he was 
held hostage for 40 hours by military personnel in April 2000. In June 
2000, the Guerrero CEDH forwarded the case to the CNDH for further 
investigation.
    A 1998 report by the IACHR described a definite pattern of rape and 
sexual assault against women committed by members of the security 
forces. The Commission stated that some women had been assaulted 
sexually by law enforcement officials, particularly those in detention, 
or had been assaulted by others with the officials' consent.
    On February 16, in Acatepec, Guerrero members of the 41st Infantry 
Battalion allegedly raped 17-year-old Valentina Rosendo Cantu when she 
was washing clothes by a creek. On March 22, in Ayutla, Guerrero three 
soldiers from the 41st Infantry Battalion allegedly raped Ines 
Hernandez Ortega in her home. Eight other soldiers stole some meat she 
had in the house. CNDH officials were investigating these rapes. SEDENA 
denied the accusations; however, it promised to assist civil 
authorities in the investigations.
    Many citizens distrust the justice system, including law 
enforcement officials, and are reluctant to register official 
complaints.
    By year's end, the PGR had not finished preparing a manual called 
``Procedure Model for the Detection of Torture'' based on the UNHCHR's 
manual for training on the investigation and documentation of torture, 
based on the Istanbul Protocol.
    Police abuse and inefficiency hamper investigations. In November 
2001, the bodies of eight young women who had been raped and killed 
were found in an empty lot adjacent to a busy intersection in Ciudad 
Juarez. State authorities arrested two bus drivers accused of the 
crimes within 3 days but the drivers alleged their confessions were 
obtained under torture. Their attorney was subsequently shot and killed 
by the State Police following a high-speed car chase during which the 
attorney called his father and reported that he was being pursued. The 
police originally alleged that he had died of injuries received when 
his car crashed but were forced to retract that information when it was 
revealed that he had been shot in the head. The officers involved in 
the case were questioned but never charged nor disciplined. As of 
September, they continued in their official capacity. The bus drivers 
remain jailed pending sentencing (see Section 5). There have been 325 
women killed in Ciudad Juarez since 1993.
    Police corruption is a problem. Police have been involved in 
kidnapings, armed robbery, and extortion, as well as protection of 
criminals and drug traffickers. There have been more arrests of 
security forces this year. For example, the Public Safety Secretary for 
the Federal District (SSP), Marcelo Ebrard Casaubon, cracked down 
during the year on police corruption and abuses. At year's end, 72 SSP 
officers had been incarcerated, 26 for homicide and the remainder for 
other violations including robbery. Police corruption is a problem. On 
April 10, troops from the Army and agents from the AFI supervised by 
the Special Branches of the PRG lured over 150 municipal and state 
police officers from throughout northern Baja California for a meeting, 
then arrested more than 50 officers for corruption. Several of those 
arrested were high-ranking police officials, including the police chief 
of Tijuana. Military aircraft flew a number of these officers to Mexico 
City. Many were later released by the authorities.
    During the year, the Internal Affairs Division of the Chihuahua 
state Judicial Police investigated approximately 104 complaints against 
police officials for corruption, bribery, threats, abuse, murder, and 
kidnaping. Among the cases being investigated was the murder of a 
former state police officer by a member of the special Joint Federal-
State Anti-Organized Crime Unit called Grupo Orion. In January the 
interim mayor of Ciudad Juarez dismissed 140 city police for drug 
abuse, theft, and running protection rackets for drug smugglers.
    In the past, there were reports that police extorted money from 
street children, at times abused homosexuals (see Section 5), and 
violated the rights of illegal immigrants (see Section 2.d.).
    Prison conditions remained poor. Many prisons are staffed by 
undertrained and corrupt guards. Prisoners complain that they must 
purchase food, medicine, and other necessities from guards or bribe 
guards to allow the goods to be brought in from outside. In many 
prisons inmates exercise authority, displacing prison officials. 
Influence peddling, drug and arms trafficking, coercion, violence, 
sexual abuse, and protection payoffs are the chief methods of control 
used by prisoners against their fellow inmates. Prisons vary widely in 
their ability to meet basic needs of life, keep prisoners safe and 
healthy, and provide opportunities for work and education; however, 
almost all fall short of these aspirations.
    The penal system consists of 448 facilities: 5 federal 
penitentiaries, 8 federal district prisons, 336 state prisons, and 99 
municipal and regional jails. According to the Public Security 
Secretariat, as of July, there were 174,057 prisoners; 101,485 were 
serving their sentence, and 62,572 were awaiting sentence. Although the 
Constitution calls for separation of convicted criminals from detainees 
held in custody, in practice these requirements were disregarded 
routinely as a result of overcrowding. Prison overcrowding continued to 
be a common problem, despite an early release program endorsed by the 
CNDH, legal reforms that reduced the number of crimes that carry 
mandatory prison sentences, and the construction of new prisons. 
According to the Secretariat for Public Security, the country's 446 
penal facilities are overpopulated by approximately 28 percent; 174,057 
prisoners are being held in facilities that have a capacity of 136,447 
prisoners. In July the Secretariat announced that Baja California at 
189 percent and Sonora at 130 percent, were the most overpopulated 
state prison systems; in Nayarit the rate of overpopulation is 75 
percent, in Chiapas 98 percent, in Sonora 82 percent, in Tamaulipas 66 
percent, in Oaxaca 21 percent, in Puebla 25 percent, and in the Federal 
District 53 percent. The prisons with the largest overpopulation are: 
Reclusorio Norte, Reclusorio Oriente, and Reclusorio Sur in Mexico 
City, the state prison in Ciudad Juarez, and La Mesa prison in Tijuana. 
In July the Secretariat reported that the total capacity of existing 
facilities in Mexico City is 14,864; however, they held slightly more 
than 22,814 inmates.
    At year's end, the population of the prisons in Ciudad Juarez was 
3,628. In August the director of the state penitentiary stated that 
1,537 inmates slept in the corridors of the prison because there were 
neither beds nor cells for them as a result of overcrowding. A new 
prison originally scheduled for completion in 2000 may be completed by 
late 2003.
    Health and sanitary conditions are poor. In 2000, doctors at a 
prison in Nuevo Laredo resigned, citing unhealthy conditions such as 
inadequate food and water as the reason for their resignations. They 
stated that conditions such as mange, HIV/AIDS, and tuberculosis are 
known to the authorities who fail to take any action to treat and 
segregate sick inmates. In March 2001, the CNDH reported that HIV/AIDS 
and associated illnesses were the leading cause of death among inmates 
in the Federal District. The deaths of 20 inmates from HIV/AIDS-related 
complications in 2000 underlined the need for awareness, prevention, 
and treatment programs. The CNDH also noted that HIV-positive prisoners 
are subject to mistreatment and discrimination in prisons (see Section 
5). For example, the Multisectoral Group of Citizens with HIV/AIDS 
claimed in 2001 that 30 HIV-infected inmates in the state prison in 
Merida, Yucatan suffered discriminatory treatment and insufficient 
access to health care. There were no developments in the case of 
Eugenio Almaraz Garcia, who died in 2000 from presumed neglect by the 
director of the Pochutla, Oaxaca prison.
    In August approximately 2,000 federal, state, and municipal police 
agents, as well as military elements, participated in a surprise dawn 
raid to transfer 2,200 inmates from La Mesa prison in Tijuana, Baja 
California to a new prison at El Hongo, Tecate, Baja California and 
other installations. La Mesa housed 6,400 inmates in a facility 
designed for 1,800. The CNDH has labeled it the worst detention 
facility in the country. Cells were converted into apartments and sold 
for $300 (3,000 pesos) per month in a facility where 4,500 prisoners 
had neither a cell nor bed in which to sleep. An entire city existed 
within the prison complete with 150 commercial enterprises, such as 
stores, taco stands, and restaurants, all run by inmates. Prisoners' 
spouses and children (100 women and 220 children) lived with them 
within the prison.
    Female prisoners are held separately from men. Women make up 
approximately 4.5 percent or 7,841 of the 174,057 total prison 
population. Of the 448 prison facilities in the country, 230 of them 
house female prisoners. A new prison for men was under construction in 
Mexico City during the year and expected to be completed in March of 
2003. The prison will have the capacity to house 2,346, thereby 
alleviating some of the prison overcrowding in the Federal District.
    In April the Director of the State Penitentiary (CERESO) in Ciudad 
Juarez announced that the authorities had dismantled a prostitution 
ring in the CERESO. In addition, prison authorities discovered that 
prostitutes from the outside were operating within the prison walls 
during visiting hours.
    Juveniles are held separately from adults.
    Drug use continued to be a major problem in the Ciudad Juarez 
prison, with over 70 percent of the prisoners suffering some form of 
addiction. A new rehabilitation program in the prison can accommodate 
only 70 prisoners at a time. On March 23 and 24, prisoners in Ciudad 
Juarez rioted, demanding drugs and protesting an attempt by prison 
authorities to slow the flow of drugs into the prison. Major structural 
damage, including looting of the infirmary, occurred. In September 130 
prisoners suffering from withdrawal symptoms in the prison in Chihuahua 
City rioted, destroying part of the cellblocks and damaging the 
infirmary. In the aftermath of the riots, prisoners who participated in 
the violence, as well as some who did not, were transferred to other 
prisons. Families of the transferred prisoners were unable to locate 
them. In April and September, inmates in the Ciudad Juarez prison were 
killed, reportedly for drug-related business. In May the authorities 
found a tunnel that went from outside the walls of the prison into the 
area of the prison in which most drug traffickers are held. The 
juvenile detention center in Ciudad Juarez suffered two riots during 
the year. On June 22, juveniles rioted, severely damaging one of the 
buildings, after a guard allegedly beat a detainee. On February 7, 
several members of a gang started a disturbance to cover their plans 
for an escape. Others joined in and by the time state police had 
quelled the riot, over 100 juveniles had taken part.
    There is no specific law or regulation that prohibits human rights 
organizations or other NGOs from visiting prisons, and some do; 
however, in practice, the CNDH and state human rights commissions 
conduct the majority of prison visits focused on human rights issues. 
In July the International Committee of the Red Cross (ICRC) regional 
office in San Cristobal de la Casas and the Government agreed that the 
ICRC could visit prisoners in Chiapas, Queretaro, and Tabasco with only 
prior notification of the visit to prison authorities. The ICRC 
notifies the Ministry of Foreign Relations and receives prior 
permission to make prison visits to other areas of the country.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest and detention; however, the police continued 
to arrest and detain citizens arbitrarily (see Section 1.b.). Arbitrary 
arrest and detention continued to be among the most common human rights 
abuses. Legally, a prosecutor may hold a detainee no more than 48 hours 
before he must present the accused to a judge, except when the accused 
is caught in the act or within 72 hours of committing a crime. In June 
2001, the federal legislature criminalized forced disappearance, 
including illegal detentions; the law also prohibits sponsoring or 
covering up an illegal detention (see Section 1.b.).
    NGO sources report that a great number of disappearances eventually 
are found to be cases of arbitrary detention by security forces (see 
Section 1.b.). Many human rights groups link torture to the prevalence 
of arbitrary detention and claim that torture often follows an 
arbitrary arrest, sometimes without a warrant, as police or prosecutors 
attempt to justify the detention by securing a confession to a crime 
(see Section 1.c.). According to PRODH, incommunicado detention is a 
frequent practice (see Section 1.c.).
    Reports of arbitrary detention occurred with greatest frequency in 
Chiapas, Oaxaca, Guerrero, the Federal District, and Tabasco. The 
states' attorney general personnel, state police, and the army were the 
most frequent abusers of detention laws. In June 2001, the newspaper La 
Jornada reported that between January and June 2001, the Attorney 
General's office had received 62 complaints for arbitrary detention and 
an equal number for detentions longer than the legal limit. During the 
year, the CNDH reported that it had received 293 complaints, 18 for 
alleged torture, against the PGR, making it the Government agency with 
the most complaints lodged against it.
    From October 26 to November 6, a U.N. Working Group on Arbitrary 
Detention visited the states of Guerrero, Oaxaca, Jalisco, Mexico, and 
the Federal District. The group concluded that arbitrary arrest in the 
country was generated by corruption and the notorious impunity enjoyed 
by those who commit it--police and military--and by the tolerance of 
this practice within the police structure.
    In February Amnesty International reported the continued use of 
arbitrary detention, torture and ill-treatment by government 
authorities, especially state government authorities, carrying out 
policing operations.
    In June 2001, the CNDH reported that arbitrary detentions 
constituted a common practice of the Federal Judicial Police (since 
reorganized and renamed as the AFI) as well as of other police bodies, 
and urged the PRG and the SSP to expand human rights training 
concerning arbitrary detention; to issue specific orders to their 
police forces to halt arbitrary detentions immediately; and to instruct 
prosecutors to protect persons who may have been detained arbitrarily.
    In February the UNHRC declared illegal and arbitrary the 1999 
capture of four suspected members of the Revolutionary Army of the 
Insurgent People (ERPI)--Jacobo Silva Nogales, Carlos Gracia Rosales, 
Gloria Arana Agis and Felicitas Padilla Navas--accused of organized 
crime, storing firearms, and possession of ammunition. The Commission 
stated that the Universal Human Rights Declaration and the Treaty on 
International Civil and Political Rights had been violated. However, 
the four remained in detention at year's end pending the decision of 
the first district judge in Toluca.
    In February the Mexico state human rights commission (CDHEM) 
recommended that the mayor of Atizapan take action against Rosendo 
Rojas, a municipal police officer, who took a minor from his classroom 
and detained him illegally following a fight with another student 
outside the school grounds. The CDHEM also recommended that the 
municipal police receive training regarding arrest and detention. The 
police officer in question was being held on charges of murdering 
another minor at year's end.
    In July the CNDH issued a recommendation with respect to the 
arbitrary detention and abuse of 69 members of the San Jose community 
in Chiapas. At least 40 were injured during a July 2001 Judicial Police 
operation to rescue 6 government employees who were being held by local 
sympathizers of the Regional Independent Campesino Movement-National 
Ayala Plan Coordinator (MOCRI-CNPA) as a form of protest.
    The Constitution provides that the authorities must sentence an 
accused person within 4 months of detention if the alleged crime 
carries a sentence of less than 2 years, or within 1 year if the crime 
carries a longer sentence. In practice, judicial and police authorities 
frequently ignored these time limits (see Section 1.e.). Criminal 
defendants often were held with convicted prisoners (see Section 1.c.). 
There were previous reports that police demanded bribes to release 
suspects (see Section 1.c.). Many detainees reported that judicial 
officials often solicited bribes in exchange for not pressing charges 
(see Section 1.e.). Those able to pay were released from custody. 
Corruption is rampant throughout the criminal justice system.
    Judges often failed to sentence indigenous detainees within legally 
mandated periods (see Section 1.e.). In 1996 the CNDH reviewed 8,661 
files of indigenous persons who were detained and recommended the 
immediate release of 1,727 persons. In 1999 the CNDH signed an accord 
with the Secretariat of government, the PGR, the Federal Institute of 
the Public Defense office, and the National Indigenous Institute (INI) 
to develop a program for the early release of indigenous prisoners in 
federal prisons. INI intervention resulted in the early release of 802 
indigenous prisoners in 1998, 1,197 in 1999, 596 in 2000, and the 
preliminary figure of 531 in 2001.
    In September President Fox reported that 107 prisoners associated 
with the EZLN had been freed as a result of coordinated efforts of the 
Commission for Peace (COCOPA) and federal and local authorities. Under 
the National Indigenous Institute's (INI) Program for the Procurement 
of Justice for the Indigenous Peoples, the Federal government, through 
the PGR, SSP, CNDH and the Federal Institute of Public Defenders, 1,105 
local and federal prisoners have been released in the past 18 months. 
The PGR, through its Special Prosecutor for the Attention of Indigenous 
Affairs, was working on 1,300 cases to request minimum sentences or 
transfers to social readaptation centers.
    Federal prosecutors continued to adhere to the INI's recommendation 
that they drop charges against indigenous first-time offenders accused 
of drug cultivation, as drug traffickers often forced indigenous 
defendants, who were not aware of the legal significance of their 
actions, to grow the crops. The INI also supports programs to provide 
translators for indigenous defendants and to assist them in obtaining 
bail bonds.
    Some human rights groups have claimed that activists arrested in 
connection with civil disobedience activities are in fact political 
detainees. The Government asserts that the system fairly prosecutes 
those charged in sometimes violent land invasions for common crimes, 
such as homicide and damage to property.
    The law does not permit forced exile, and it is not practiced.

    e. Denial of Fair Public Trial.--The judiciary is generally 
independent; however, on occasion, especially at the state level, it 
has been influenced by government authorities. Corruption, 
inefficiency, impunity, disregard of the law, and lack of training 
continue to be major problems. Judicial reforms have begun to address 
some of these problems, but full resolution of these problems requires 
significant additional time and effort. In 1999 the Congress and the 
states passed constitutional reforms designed to streamline the 
administration of justice and repeal archaic laws. Human rights groups 
criticized these reforms, claiming that they effectively allow 
prosecutors to disregard defendants' allegations of violation of due 
process during criminal proceedings.
    In April U.N. Special Rapporteur on the Independence of Judges and 
Lawyers, Dato Param Cumaraswamy, issued a 52-page report regarding the 
evaluation mission that he conducted in May 2001. In his report, he 
questioned the independence and effectiveness of judicial power in the 
country. He expressed concern about the lack of knowledge that judges 
have regarding international law, particularly human rights, and their 
ignorance of indigenous uses and customs. He wrote that 50-70 percent 
of the judges in the country were corrupt. In reply, the Chief Justice 
of the Supreme Court questioned how the Special Rapporteur could reach 
his conclusions when he only visited two states and the Federal 
District.
    During the year, the Federal Judicial Council continued to 
strengthen administrative control over the judiciary, investigated 
cases of corruption, and removed some corrupt judges. In 2000, the 
Institute for Professional Training of the Mexico City Attorney 
General's office initiated workshops and courses directed at officials 
who deal with prosecutions, including the prosecutor's office, official 
secretaries, judicial police, and police group leaders. The course 
material encompassed case management, scientific investigation 
techniques, legal framework, and evidence collection. These workshops 
and courses continued through year's end. However, at year's end, Human 
Rights Watch (HRW) reported that little had been done to remedy the 
systemic problems of the justice system, which allowed human rights 
abuses to go uninvestigated and unpunished. In December 2000, HRW 
asserted that deficiencies in the administration of justice still were 
a major concern, and repeated its 1999 statement that judicial reforms 
have done little to improve the problems that plague the justice 
system. The December 2000 report stated that prosecutors not only 
ignored abuses by police but also fabricated evidence. Judicial 
oversight was seriously inadequate as the courts accepted evidence 
obtained through human rights violations (see Section 1.c.), and judges 
cited legal precedents that weakened human rights protections.
    By year's end, six judges or magistrates had been dismissed since 
January 2000, only one of these for corruption. In February 3 employees 
of the Federal District Superior Court were sentenced to 63 months in 
prison for aggravated extortion. In June Fernando Alonso Lopez Murillo, 
a federal judge, was suspended from his duties while being investigated 
for a series of irregular findings in high profile narcotics 
trafficking cases. In the most prominent case, Lopez Murillo reduced 
the sentence imposed on and dismissed some of the weapons charges 
against Hector Luis Palma, a major drug trafficking figure. Eventually 
Palma paid a fine rather than go to jail. Lopez Murillo also dismissed 
charges against another known trafficker, Oscar Malherbe.
    The federal court system consists of a Supreme Court, 91 circuit 
courts of appeal, 49 courts of appeal, and 185 district courts.
    Based on the Napoleonic Code, the trial system consists of a series 
of fact-gathering hearings at which the court receives documentary 
evidence or testimony. However, in July 2001 Amnesty International 
alleged that judges often are not present at hearings when defendants 
give testimony. Court officials may add notarized documents that are 
not authenticated into the case file. A judge in chambers reviews the 
case file and then issues a final, written ruling. The record of the 
proceeding is not available to the general public; only the parties 
have access to the official file, although by special motion the victim 
may have access to it.
    The Constitution provides for the right of the accused to attend 
the hearings and challenge the evidence or testimony presented, and the 
Government generally respected these rights in practice. In general 
court hearings are open to the public, and it is common to find not 
only the accused, but also relatives of the accused and journalists in 
the courtroom. However, human rights groups complained that many 
hearings take place in busy judicial offices where the public generally 
must stand at a distance and often cannot hear the proceedings well. In 
some courtrooms glass or plastic panels have been placed between the 
tables where the proceedings take place and the public.
    While there is a constitutional right to an attorney at all stages 
of criminal proceedings, in practice the authorities often did not 
ensure adequate representation for many poor defendants. Moreover, the 
public defender system is not adequate to meet the demand, although 
improvements in salaries and benefits have ameliorated this situation. 
Attorneys are not always available during the questioning of 
defendants; in some instances a defense attorney may attempt to 
represent several clients simultaneously by entering different rooms to 
certify formally that he was present, although he did not actually 
attend the full proceedings. Prosecutor salaries and benefits vary by 
region and agency. Federal prosecutors usually are paid better than 
state prosecutors.
    In the case of indigenous defendants, many of whom do not speak 
Spanish, the situation is often worse. The law calls for translation 
services to be available at all stages of the criminal process; 
however, the courts do not routinely furnish translators for indigenous 
defendants at all stages of criminal proceedings, and thus defendants 
may be unaware of the status of their cases. Provision of translators 
to non-Spanish speaking defendants, including indigenous ones, is 
provided for but poorly implemented, resulting in prisoners being 
convicted without fully understanding the documents they have been 
required to sign. The CNDH, through the Fourth Inspector General's 
office, has a program to assist incarcerated indigenous defendants. The 
INI also has judicial assistance programs for indigenous defendants and 
provides counsel on their behalf. The INI also distributes legal, 
educational, and informational material in indigenous languages.
    A particularly serious abuse of due process is the prosecution's 
ability to base its case on evidence gathered by means of torture. 
While torture itself is a criminal act, judges allow statements coerced 
through torture to be used as evidence against the accused (see Section 
1.c.) and confessions are the primary evidence in many criminal 
convictions. A number of NGOs declared that judges give greater 
evidentiary value to the first declaration of a defendant, thus 
providing prosecutors an incentive to obtain an incriminating first 
confession and making it difficult for defendants to overturn such 
declarations.
    The law does not require civil trials of soldiers involved in civil 
crimes, and the military continued to handle such cases. The 
Constitution provides for military jurisdiction for crimes or offenses 
involving any violation of military discipline. In cases in which a 
member of the military commits a crime and is arrested by civil 
authorities, the military has the right to request the immediate 
transfer of the case to military jurisdiction. In August the judicial 
branch reaffirmed that members of the military assigned to the PFP 
would be tried by military courts unless a civilian was involved. The 
ruling came as the result of a court case involving an active duty 
military member of the PFP. A military judge declared that he was not 
competent to hear the case because ``military commissioned into the PFP 
are temporarily separated from the armed services and work for a 
civilian entity''. A civilian judge who received the case declared that 
the perpetrator was military and was under the jurisdiction of the 
Secretary of Defense. The case was returned to the military court. In 
this instance the court ruled that because the PFP member was 
considered on active duty--obeying military orders and technically 
dependent on the Military Police--and therefore, administratively under 
the Secretary of Defense, and the victim was also active duty military, 
the military court had jurisdiction over the case.
    On September 26, the PGJM indicted Generals Humberto Quiros 
Hermosillo and Arturo Acosta, on charges of aggravated homicide during 
the ``Dirty War''. The generals are accused of the death and 
disappearance of over 130 individuals in the state of Guerrero during 
the period 1971-78. Human rights organizations called into question the 
indictment and the fact that the generals would not be tried by 
civilian courts, but rather in military courts. The generals remained 
in custody as an investigation into charges of narcotics trafficking 
and assisting the Ciudad Juarez-based Amado Carrillo drug cartel 
continued.
    In December 2001, Human Rights Watch issued a report that called on 
the Government to end military jurisdiction over all cases involving 
human rights violations. The report found that the military justice 
system lacks transparency because civilians are barred from monitoring 
the progress of investigations. In addition, investigations by the 
military are not accountable to civilian authorities.
    On February 7, the Government released General Jose Francisco 
Gallardo Rodriguez. His sentence was reduced under the Code of Military 
Justice to 8 years, the minimum time to be served under his two 
nonconcurrent sentences of 14 years each, which Gallardo completed in 
November 2001. During the year, Gallardo continued to maintain his 
innocence and worked to clear his name.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the protection of 
privacy, family, home, and correspondence, and the law requires search 
warrants; however, in the past there were credible reports that 
unlawful searches without warrants were common, and there were reports 
of such searches during the year (see Section 1.c.).
    The law allows for electronic surveillance with a judicial order. 
The law prohibits electronic surveillance for electoral, civil, 
commercial, labor, or administrative purposes. However, there were 
reports of illegal surveillance during the year.
    In January police arrested three persons when they were replacing a 
tape recorder in a telephone switch in Polanco, an affluent sector of 
the Federal District. The three persons initially claimed to be 
employees of the local telephone company and then claimed to be working 
for a private law firm. No reason was given for the placement of a 
recorder at the switch. Investigation into the case was ongoing at 
year's end. Two days earlier, two persons were seen placing a tape 
recorder at a TELMEX drop in Lomas de Chapultepec, an area of Mexico 
City where many affluent families live.
    In February the Queretaro state human rights ombudsman Bernardo 
Romero accused the state's governor of intimidation through telephonic 
espionage. The governor denied the claims and demanded presentation of 
evidence. Romero said he also had received telephonic threats and sent 
a letter to the PRODH director requesting the intervention of the 
IAHCR.
    In May microphones were found in the office of the Federal District 
Secretary of Finance. Federal District Head of government Andres Manuel 
Lopez Obrador demanded that the Federal government investigate. 
Wiretapping is a federal crime.
    In July the Congress of the state of Mexico approved a law that 
would allow the Attorney General to solicit permission from a federal 
judge to wiretap and to have access to bank accounts as part of the 
investigative process against organized crime. The Federal District 
Attorney General supported the measure calling the current process 
bureaucratic and slow.
    The Constitution states that all persons have the right to make 
free, responsible, and informed decisions on the number of children 
they choose to have. The 1984 General Health Law provides for criminal 
action against those who pressure a woman to undergo sterilization 
procedures or perform such procedures without a woman's consent. In 
September 2001, Rodrigo Aguilar Martinez, president of the Episcopal 
Commission for the Family of the Roman Catholic Church, told the press 
that public health institutions ``frequently'' performed sterilizations 
in marginalized communities, especially indigenous areas. Aguilar 
claimed that priests and religious workers working in these areas were 
familiar with the problem, but that it was difficult to prove these 
cases if individuals decided to present their complaint to judicial 
authorities. Aguilar's claims have not been corroborated by government 
sources, but various social welfare observers believed that forced 
sterilization occurred, although the incidence of these procedures is 
difficult to quantify. Women may not realize that procedures have been 
performed until after the fact, and many victims allegedly were 
reluctant to file complaints, although there are mechanisms for filing 
formal complaints with the National Medical Arbitration Commission and 
with national and state human rights commissions. In 2000 the CNDH 
office in Chiapas reported that in some indigenous communities women 
chose sterilization, but then due to fear of reprisal from their 
husbands reported that it was forced upon them or that they simply did 
not understand the nature of the procedure.
    In compliance with a CNDH recommendation, in April state 
authorities provided compensation of $2,040 (20,000 pesos) each to 16 
persons who were sterilized by state health officials in Guerrero in 
1998.
    In February the CNDH reported that in 2001 it had received seven 
complaints of forced sterilizations. On December 16, the CNDH reported 
that local community health practitioners have forced birth control 
methods (IUD for women, vasectomies for men) on indigenous patients 
without their informed consent. Many of these patients neither read nor 
write Spanish and sign medical consent documents that they do not 
understand by means of a fingerprint.

    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal Conflicts.--There were numerous allegations of the use of 
excessive force and the violation of international humanitarian law. 
During much of the year, the Government maintained approximately 14,000 
to 20,000 troops in selected areas of Chiapas, and a smaller number in 
Guerrero. Two relatively small rebel groups, the Popular Revolutionary 
Army (EPR) and the Revolutionary Army of the People's Insurgency 
(ERPI), continued to be problems in Guerrero. Incidents of conflict in 
Chiapas between security forces and EZLN sympathizers, and in Guerrero 
between the army and the EPR and the ERPI, led to accusations of the 
use of excessive force; however, the confused circumstances of these 
clashes made those allegations difficult to substantiate.
    The peace process in Chiapas between the EZLN and the Government 
remained at a standstill. There has been no communication between the 
EZLN and the Government since April 2001. In July the PRODH said the 
impasse demonstrates that the Government lacks a cohesive strategy to 
attend to the conflict in Chiapas. In August the current president of 
the Peace Commission (COCOPA), Felipe de Jesus Vicencio Alvarez, said 
that the commission was working on an initiative to revive the peace 
process talks.
    The Government maintained a military presence in parts of Chiapas. 
Some NGOs continued to call the military's presence threatening and 
intimidating to the indigenous population. In July and August, NGOs 
reported an increased military presence in Chiapas. Military 
authorities claimed that the perceived increase was due to troop 
rotations and more patrolling.
    On May 14, the International Civil Commission for Observance of 
Human Rights (CCIODH) reported that military over-flights, along with a 
gradual increase in military patrols and checkpoints had caused special 
concern to the indigenous communities in Chiapas. The commission also 
said the military units harassed and intimidated the indigenous 
population by improvising checkpoints around towns.
    In May the Fray Bartolome de las Casas Human Rights Center (Frayba) 
released a 245-page report that documented the displacement since 1995 
of more than 12,000 persons from 2,400 families in Chiapas. The report 
accused the Government of being responsible for the displacements and 
not keeping its constitutional commitment to provide for the security 
of its citizens as well as its obligation to provide humanitarian 
assistance to internally displaced persons (IDPs) under international 
law, including human and humanitarian rights.
    In July the PRODH stated that social justice in Chiapas depended in 
great measure on whether reconciliation process can reconstruct the 
social fabric that had been deteriorating for 8 years. It said that 
armed civilian groups constitute a latent threat because they continue 
to operate and provoke displacements of persons.
    Human rights organizations have documented 45 human rights 
violations in Chiapas during the first 6 months of the year, 20 by the 
military, 11 by state public security agents, 8 by the state judicial 
police, 4 by federal judicial police, 1 by municipal police and 1 by 
the PFP. There were also 14 incursions by the military into 
communities, 9 patrols, 6 interrogations, 3 incidents of weapon 
firings, 2 eviction threats, two illegal detentions at checkpoints, 1 
intrusive search, and 1 case of destruction of property. In addition, 
armed civilian groups committed three human rights violations.
    Human rights NGOs complained about the intimidation of the 
indigenous population in Salto de Agua, Palenque, and Masoha Shucja in 
the northern part of Chiapas. They accused soldiers of entering 
communities and, in some cases, firing automatic weapons. In one case, 
in Shucja, a military officer identified as Captain Vincente Ambriz 
Ronces arrived 30 minutes after the alleged shooting occurred to 
investigate the incident. Military authorities described the incidents 
as soldiers' hunting for iguanas.
    SEDENA, in coordination with the CNDH and state human rights 
commissions, provides its officers with a 4-month human rights course 
to teach officers to be human rights trainers. These officers (183 so 
far) are responsible for training at the different unit level within 
the Army and Air Force. By year's end, SEDENA had not created a 
military human rights ombudsman as suggested by UNHCHR Robinson in 
1999.
    There were credible reports of violent incidents and killings 
committed by armed civilian groups and local political factions in 
Chiapas. On March 22, a confrontation between supposed members of PRI 
and PRD led to the killing of one person and the wounding of three 
others.
    On August 7, Jose Lopez Santiz, an EZLN sympathizer, was killed 
near the community of August 6, close to the city of Altamirano 
Chiapas. An 11-year-old witness identified the killer as Baltazar 
Alfonso, a businessman from Altamirano. Lopez had reportedly received 
death threats from local members of the PRI. Police opened an 
investigation into the killing. Chiapas state governor Pablo Salazar 
Mendiguchia and government secretary Emilio Zebadua Gonzalez traveled 
to Altamirano to try to defuse tensions caused by the fear that the 
Lopez' associates would seek revenge. Salazar promised to bring the 
killers to justice.
    There were violent confrontations between EZLN sympathizers and 
armed civilian groups during the year. On August 26, two EZLN 
sympathizers were killed in Amaytik, Ocosingo municipality, in Chiapas. 
The state Attorney General attributed the killings to an ``inter-
family'' problem.
    Human rights NGOs have accused the Salazar administration of 
tolerating armed civilian groups. In September Salazar called for the 
PGR to determine if armed civilian groups were present in Chiapas. 
Salazar said in an interview that he could neither confirm nor deny the 
existence of armed civilian groups and believed that it was the 
responsibility of the PGR to investigate.
    On September 13, Chiapas state police arrested 26 members of the 
``Peace and Justice'' group. Human rights NGOs attribute more than 300 
killings between 1995 and 1998 to the group. Although originally 
identified as part of the PRI organization, in 2000 the group supported 
Salazar because the PRI would not give it political positions at the 
state and local level. The police arrested the members in the group's 
stronghold of Tila, in northern Chiapas. Sabelino Torres Martinez, 
identified by the state Attorney General's office as one of the leaders 
of ``Peace and Justice'', faced charges of homicide, causing bodily 
harm, and illegal possession of firearms.
    On August 26, at least two persons died and seven were injured in a 
clash between EZLN sympathizers and alleged armed civilian groups near 
Amaitic, a town in Ocosingo, Chiapas, according to the authorities of 
the autonomous municipality Ricardo Flores Magon and press reports. The 
Attorney General's office attributed the clash to a dispute between 
families. The report could not be confirmed.
    In September Oaxaca Ministerial Police arrested Antonio Roque Cruz, 
former mayor of Santiago Amiltepec, and 11 other persons who were 
carrying large caliber weapons. Roque is suspected of being a member of 
a paramilitary group and responsible for the February 2 deaths of Maria 
Magdalena Torres Torres and Lorenzo Lopez Jimenez.
    On May 30, Erika Zamora and Efren Cortes Chavez were freed from 
prison after a federal tribunal absolved them of the charge of inciting 
rebellion and conspiracy, in connection with the 1998 battle in El 
Charco, Guerrero, between the military and alleged elements of the ERPI 
guerrilla group that resulted in the killing of 12 persons. In 1998 
they were found innocent of organized crime, terrorism, and storing 
weapons.

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, harassment of journalists 
by various sources, especially by narcotics trafficking organizations 
in the northern part of country, continued during the year. The mass 
media are not subject to formal censorship by the Government; however, 
there were in the past reports of some self-censorship. In addition, 
violence and threats against journalists primarily by narcotics 
traffickers and on occasion by the authorities hindered press freedom. 
Nonetheless the freedom and independence of the media continued to 
expand. Many observers believe that drug trafficking organizations or 
corrupt security personnel in their pay carried out most of the attacks 
on the media.
    The traditionally close relationship between the Government and the 
media that tilted coverage and editorial opinion in the Government's 
favor during 71 years of PRI rule changed significantly. The Government 
no longer controls the import and sales of newsprint, but does retain 
control over broadcasting licensing, which critics claim led some 
broadcast media to practice self-censorship. However, the two principal 
television networks, Televisa and TV Azteca, frequently criticized and 
challenged government actions at the federal, state, and municipal 
levels. On October 10, the Federal government, by presidential decree, 
reduced its right to use 12.5 percent of broadcast time to 18 minutes 
of television and 35 minutes of radio broadcast time per day. Official 
advertising in the media continued, but state and municipal governments 
were more likely to purchase news coverage, via news articles known as 
``gacetillas,'' than the Federal government. In the past, there were 
allegations of cash and noncash payments to journalists; however, there 
were no major allegations during the year.
    On June 11, President Fox signed the Law for Transparency and 
Access to Information, enabling the public to request and receive 
information from all state entities, as well as from public and private 
agencies that manage public funds. The law had not been fully 
implemented throughout the country by year's end. The opening of 
previously sealed files caused a reexamination of many painful episodes 
in the country's history, such as the 1968 Tlatelolco massacre and the 
1971 ``Jueves de Corpus'' massacre. Past presidents such as Luis 
Echeverria and Jose Lopez Portillo have been called to testify about 
their involvement in these massacres (see section 1.b.).
    The numerous attacks on journalists constituted the most serious 
problem for press freedom. The Committee for the Protection of 
Journalists and Media Communications reported that in 1999 there was a 
decline in the number of acts of intimidation, including physical 
attacks, threats, and detentions, against journalists; from 202 in 1998 
to 135 in 1999. A 1999 report issued by 4 NGOs recorded 240 attacks of 
various types against journalists during 1998, compared with 187 during 
1997. These numbers included all aggressive acts against the media as 
reported in the media. According to the report, government institutions 
(including federal, state, and local police) or officials were 
responsible for 41 percent of the incidents. However, in August, Juan 
Francisco Ealy Ortiz, the country's representative on the IAPA's 
Commission on Freedom of the Press and Information, reported that acts 
of intimidation against journalists by narcotics traffickers had 
replaced official harassment by earlier administrations as the most 
serious threats that journalists face in the country. Francisco Barron, 
Director of Communication at the National Center of Social 
Communication, an NGO, added that the Fox Administration was more 
willing to investigate corrupt government officials alleged to be 
working in collusion with narcotics traffickers.
    Outright attacks and intimidation of journalists are underreported, 
and there are no comprehensive nationwide studies of these incidents. 
In addition, the Government has not investigated sufficiently the cases 
that were reported, such as those included in the ``Damages 
Inventory,'' a summary published by the Protection Network of 
Journalism and Media (PNJM). The PNJM reported that there were 101 
incidents of press intimidation and harassment in 2000, down from 135 
cases reported in 1999. Abuses against the press included physical 
assaults, legal complaints against journalists, and threats. Sixty-one 
percent of these complaints were directed against print journalists. 
The PNJM observed that direct aggression against the media and 
journalists was declining; however, pressure groups were increasingly 
using broadly interpreted or discretional legal maneuvers to work 
against press freedom.
    Forty-eight percent of all acts of harassment against journalists 
occurred in the Federal District. States reporting the next largest 
amounts of harassment were Guerrero, with 8 percent of all cases, and 
Chihuahua, with 5 percent of all cases. Harassment was also reported in 
the states of San Luis Potosi, Baja California, Campeche, Mexico, 
Michoacan, Nuevo Leon, and Veracruz.
    On May 31, Gustavo Ramos, president of the Fresnillo Autonomous 
University (UAF) board of directors, and Rector Jesus Bonilla Elizondo 
assaulted Humberto Casarez from the Imagen newspaper published in 
Fresnillo, Zacatecas state, after it published information on alleged 
acts of corruption by the UAF directors. On June 24, officers from the 
Pachuca, Hidalgo state municipal police assaulted Inving Leftor Magain, 
a camera operator for Telemundo, while he and 20 other journalists 
covered a demonstration. Lefor subsequently filed a lawsuit against 
municipal police.
    The International Press Institute reported that three journalists 
were murdered during the year.
    On January 18, two gunmen shot and killed Felix Alonso Fernandez 
Garcia, editor of the weekly magazine Nueva Opcion, in Miguel Aleman, 
Tamaulipas state. Shortly before his killing, Fernandez had received 
death threats for his reporting about alleged links between the city's 
former mayor and drug traffickers.
    On February 1, an unidentified assailant killed Julio Samuel 
Morales Ferron, columnist for the daily El Sol de Medio Dia, in Mexico 
City.
    On October 11, an explosion in his apartment killed Jose Miranda 
Virgen, journalist and vice president of the daily El Sur de Veracruz. 
The police stated that a gas leak had caused the explosion; however, 
local media noted that the apartment's living room had received more 
damage than the kitchen when the leak supposedly occurred. Pablo Robles 
Barajas, the newspaper's director general noted that Miranda had just 
written a series of articles linking state police officers to drug 
traffickers. The Association of Veracruz Journalists (APEV) asked 
Veracruz Governor Miguel Aleman to order the state attorney general's 
office (PJEV) to investigate the case. Aleman issued the order, and the 
PJEV ruled that the explosion was accidental. The APEV disagreed with 
the PJEV's conclusion.
    The International Press Institute reported that in May Eduardo 
Lopez Betancourt, a contributor to the newspapers Excelsior and Mexico 
Hoy and the magazine La Crisis, was forced to leave the country 
temporarily after unknown individuals threatened to kill his son.
    Tamaulipas authorities continue to investigate whether the March 
2001 murder of Saul Martinez of the Matamoros newspaper El Imparcial, 
was related to articles he wrote on illegal migrant smuggling and 
government corruption.
    There were no new developments in the investigation into the 
February 2001 killing of Jose Luis Ortega Mata, editor of the weekly 
Semanario de Ojinaga based in Ojinaga, Chihuahua.
    The Interamerican Press Society and the Committee for the 
Protection of Journalists (CPJ) reported that Jose Ramirez Puente, the 
host of a popular radio news program in Ciudad Juarez who was killed in 
2000, was an undercover informant for the Investigation and National 
Security Center (CISEN). Investigations are underway to determine if 
his murder was linked to his work as a journalist or as an informant 
for CISEN. Following his murder, state judicial police found eight bags 
of marijuana weighing about two pounds each in the trunk of the car. 
Puente's relatives claimed the marijuana was planted, and the case was 
transferred to federal jurisdiction. Since 2001 several members of the 
federal police force in Chihuahua have been dismissed for corruption.
    On May 30, a three-judge appeals panel sentenced two men to a 13-
year prison term for the 1998 murder of San Antonio Express-News 
reporter Philip True. The unanimous ruling overturned an August 2001 
verdict acquitting the men.
    There are approximately 300 newspapers operating (including local). 
Of these, there are approximately 10 main national newspapers. None are 
operated by the Government; however, the Government does operate 
several radio stations, two national television channels, and some 
local stations. Public universities run most of the public media.
    Television news independence has been enhanced by greater political 
pluralism, generational change in media leadership, and growing 
competition for advertisers and viewers which continued to separate 
government and media interests. Moreover, as much of the national media 
has developed higher journalistic standards and independence in recent 
years, government influence has declined. The media showed a high 
degree of editorial independence, particularly in the capital and other 
major urban centers. Direct criticism of the Government, especially in 
radio and the print media, was common.
    The CPJ believes that the country's criminal defamation law 
violates the basic freedom of expression and that no journalist should 
be jailed for his work. On March 11, the authorities arrested Maria 
Esther Martinez, of the daily La Union de Morelos for defamation after 
she had criticized the state Attorney General's office and the 
Ministerial Police. On April 1, police arrested Raquel Urban Hernandez 
of the weekly Reporteros Informando published in Ecatepec, Mexico state 
for defamation over a November 2001 article that criticized PAN 
legislator Alejandro Gamino Palacios for his alleged implication in the 
rape of a minor. She was released on bail. On May 8, Alejandro Junco de 
la Vega, president and publisher of the Mexico City daily Reforma was 
charged with defamation over a September 2001 article that charged that 
the Grand Commission of the Mexico state Chamber of Deputies had issued 
irregular payments of $101,789 (969,000 pesos) to seven deputies. In 
April 2001, former Mexico City mayor Rosario Robles Berlanga brought 
changes of defamation against Junco and Carolina Pavon, a Reforma 
reporter, over an April 2001 story in which Pavon reported official 
allegations that almost 10 percent of the mayoral administration's 2000 
budget had disappeared. In May the Writers in Prison Committee, a NGO, 
noted that the case was still being investigated by the Mexico City 
Attorney General's Office. Junco continues as Reforma's owner and Pavon 
continues to write for the city section of Reforma.
    On August 19, the PGJE arrested journalist Isabel Arvide at the 
airport in Chihuahua City and charged her with criminal defamation, a 
charge that carries a possible sentence of 6 months to 2 years in 
prison. In June 2001, Arvide published an article on her web site and 
in the Mexico City daily Milenio that accused Osvaldo Rodriguez 
Borunda, owner of the Chihuahua newspaper El Diario, of involvement in 
drug trafficking and money laundering. Arvide was released on August 20 
after posting a bond of $10,000 (100,000 pesos). Arvide alleged that 
PRI national president Roberto Madrazo lured her to Chihuahua under 
false pretenses as part of a press contingency, specifically to be 
arrested, since the charges are state charges not enforceable in 
another state.
    On October 17, Judge Catalina Reuiz Pacheco agreed to consider an 
application for the arrest of Oscar Cantu Murguia, editor of the daily 
Norte de Ciudad Juarez, and seven of his journalists; Armando Delgado, 
Manuel Aguirre, Gaudalupe Salcido, Rosa Isela Perez, Francisco Lujan, 
Antonio Flores, and Carlos Huertas. In January former Ciudad Juarez 
mayor Manuel Quevedo Reyes filed a complaint after the newspaper 
published a series of articles that alleged that the state government 
had paid an inflated price for land that Quevedo sold it. Arrest 
warrants were issued for the eight journalists. In November a federal 
judge granted one of the journalists, Armando Delgado, a legal 
injunction (amparo) to protect him from arrest and to determine if the 
state attorney general's office violated his rights by not permitting 
him to defend himself against the charges. In October the Inter-
American Press Association accused Chihuahua Governor Patricio Martinez 
of using the state justice system to silence journalists. In October, 
the CNDH sent an official to Ciudad Juarez to investigate the case.
    In June and December, the NGO Reporters sans frontieres reported 
that several journalists had been summoned to appear in court to reveal 
their sources. On June 12, Maribel Gutierrez, of the daily El Sure 
published in Acapulco, was questioned regarding her sources for 
articles that she wrote on the murder of Digna Ochoa (see Sections 1.a. 
and 4.) On November 18, journalists Enrique Mendez, Gustavo Castillo, 
Ruben Villalpando, Andrea Becerril, Ciro Perez, and Roberto Garduno, of 
the daily La Jornada, were summoned regarding their sources for an 
article concerning a corruption scandal in the public petroleum company 
Pemex. On December 3, Daniel Moreno, news director for the daily El 
Universal, was questioned regarding his sources for an article 
published on June 16 regarding the same scandal. On November 17, CNDH 
President Jose Luis Soberanes affirmed that it is the right and 
obligation of journalists to refuse to reveal their sources. The CNDH 
emphasized that the continual summons of journalists intimidated and 
inhibited those who provide information. On December 4, Attorney 
General Rafael Macedo said that the purpose of summoning journalists to 
reveal their sources of information was to prevent public officials 
from ``leaking'' information. After public outcry over the PGR's 
actions, the PGR stopped summoning journalists to testify about their 
sources; however, this retreat did not rule out the possibility that 
the PGR would utilize similar techniques in the future.
    On January 20, Ruben Rosas, Zamira Izaguirre, Jose Antonio Tirado 
and Jose Loya, anchors of a Ciudad Juarez radio station, protested 
publicly the cancellation of their radio show, allegedly due to 
pressure by the governor of Chihuahua state. According to the 
journalists' statements, the governor pressured the radio station to 
cancel their show after they harshly criticized the inefficiency of the 
authorities in solving the women's homicide cases in Ciudad Juarez (see 
Section 1.a. and 5). The Chihuahua state government denied all the 
accusations.
    There continued to be no information on the whereabouts of Valentin 
Davila Martinez, a journalist with Radio Canon, who was reported as 
missing in Ciudad Juarez in August 2001.
    The PGR closed its investigation into the 2000 death of Jose 
Ramirez Puente, the host of a popular radio news program in Ciudad 
Juarez as unsolved; however, an investigation by the state PGJ remained 
open at year's end but without any leads.
    The Government does not restrict Internet access, which is widely 
available across the nation, especially in major cities. Some segments 
of the population, predominantly the poor and the elderly, cannot 
afford to use the Internet or do not possess sufficient computer 
skills. The Government is attempting to broaden Internet usage in rural 
areas via the ``e-Mexico program.''
    The Government does not restrict academic freedom.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of assembly, and the Government generally 
respected this right in practice. The only requirement for holding 
demonstrations is that groups that wish to meet in public areas must 
inform local police authorities in advance. Organized, peaceful 
demonstrations occurred frequently throughout the country.
    There were many demonstrations during the year. From March 8-13 a 
group of women marched from Chihuahua City to Ciudad Juarez to protest 
the continued murders of women in Ciudad Juarez and the lack of 
interest displayed by authorities. Representatives of NGOs and 
relatives of murdered women participated in the march. On March 13, 
when the protesters arrived at the kilometer 38 checkpoint in Ciudad 
Juarez, a group of approximately 50 persons associated with the PRI 
party attempted unsuccessfully to stop the marchers from entering the 
city. However, several marchers were injured.
    Until August there were routine demonstrations staged by small land 
owners from San Salvador Atenco, in Mexico state to protest an October 
2001 expropriation decree signed by President Fox to use land in Atenco 
to build a new airport for Mexico City. Over the course of 10 months, 
the peasant land owners staged demonstrations to protest the planned 
expropriation of their properties at the low price of $0.70 (7 pesos) 
per square meter. On July 11, the landowners seized local government 
officials and demanded the release of 13 protesters arrested during the 
riot, including 2 protest leaders. Both the hostages and the detained 
protestors were eventually released. One arrested protester, who 
suffered from various medical ailments that were aggravated by injuries 
sustained during his arrest, died after being transferred from prison 
to a hospital. The peasants claimed that he had died from lack of 
prompt medical attention and demanded an investigation into his death. 
On August 1, the Secretary of Transportation announced that the 
Government would not proceed with plans to expropriate land to build 
the airport.
    The Constitution provides for freedom of association and the 
Government generally respected this right in practice. Political 
parties, opposition groups, and independent associations functioned 
freely without government interference or restriction. The Federal 
Electoral Code recognizes national political parties as well as 
political associations. Political associations can participate in 
elections through an agreement with a political party; however, they 
cannot use their names or symbols during the election campaigns. 
Political parties do not have legal status until they receive their 
official designation from the Federal Electoral Institute (IFE). The 
IFE has recognized 10 political parties and 36 political groups. 
Parties must receive at least 2 percent of the vote in national 
elections to maintain their registration. In July the IFE announced 
that political groups had presented 11 requests for formal 
registration; however, only 2, Mexico Possible and Liberal Progressive 
Party, had met the requirements for recognition.
    Citizens are free to associate and may form private or charitable 
associations. However, in 1998 the Mexico City legislature passed a law 
that gave the city government more influence over private charities. 
According to the Secretariat of government's Directorate of Liaison 
with Social and Civil Organizations, there are 5,339 NGOs active in the 
country, which play an important and vocal role in the promotion of 
civil society.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and Congress may not enact laws that establish or prohibit 
any religion. The Government generally respected this right in 
practice; however, there were some restrictions at the local level. 
State and municipal governments generally protected this right; 
however, some village and tribal officials infringed on religious 
freedom, especially in the South. A generally amicable relationship 
among the various religions in society contributed to religious 
freedom; however, in some parts of southern Mexico, political, 
cultural, and religious tensions continued to limit the free practice 
of religion within some communities. Most such incidents occurred in 
the state of Chiapas.
    Religious associations must register with the Under Secretariat of 
Religious Affairs of the Federal Secretariat of government (SSAR) to 
operate legally. Although the Government rejects applications because 
of incomplete documentation, the registration process is routine. An 
estimated 5,871 religious associations are registered.
    To be registered as a religious association, a group must 
articulate its fundamental doctrines and religious beliefs, must not be 
organized primarily to make money, and must not promote acts physically 
harmful or dangerous to its members. Religious groups must be 
registered to apply for official building permits, to receive tax 
exemptions, and to hold religious meetings outside of their places of 
worship.
    The SSAR promotes religious tolerance and investigates cases of 
religious intolerance. All religious associations have equal access to 
the SSAR for registering complaints.
    The Constitution provides that education should not privilege one 
religion over another. Religious instruction is prohibited in public 
schools; however, religious associations are free to maintain their own 
private schools, which receive no public funds.
    The Government requires religious groups to apply for a permit to 
construct new buildings or to convert existing buildings into new 
churches.
    The Constitution bars members of the clergy from holding public 
office, advocating partisan political views, supporting political 
candidates, or opposing the laws or institutions of the State.
    To visit the country for religious purposes, foreign religious 
workers must secure government permission. The Federal government 
limits the number of visas each religious group is allowed. However, 
the Government has granted 33,930 such visas since 1994.
    There were incidents of violence between religious groups, 
principally in Chiapas during the year. The situation in Chiapas is a 
result of a complex mix of economic, ethnic, political, and religious 
tensions. There is a history of religious intolerance in, and 
expulsions from, certain indigenous communities whose residents follow 
syncretistic (Catholic/Mayan) religious practices and view other 
religious practices as a threat to indigenous culture. In parts of 
Chiapas, local leaders of indigenous communities sometimes regard 
evangelical groups as unwelcome outside influences and potential 
economic and political threats. As a result, these leaders sometimes 
acquiesced in, or actually ordered, the harassment or expulsion of 
individuals belonging primarily, but not exclusively, to Protestant 
evangelical groups. In many cases, these expulsions involved the 
burning of homes and crops, closing down of churches, beatings, and, 
occasionally, killings.
    The most common incidents of intolerance arose in connection with 
traditional community celebrations. Protestant evangelicals often 
resist making financial donations demanded by community norms that will 
go partly to local celebrations of Catholic religious holidays and 
resist participating in festivals involving alcohol. The abuse related 
to these and other incidents apparently did not occur solely and 
exclusively on the basis of religion. While religious differences were 
often a prominent feature of such incidents, ethnic differences, land 
disputes, and struggles over local political and economic power were 
most often the basic cause of the problems.
    On March 4, traditionalists burned the houses of 4 evangelical 
families in Mitzinton, where some 30 persons lived. One of the houses 
also reportedly had 17 bullet marks in it. Two hundred Protestant 
evangelicals left the community in March, in response to threats of 
expulsion, but returned on April 3 despite fear of further threats. 
Protestant community members have been dissatisfied with the Government 
response to the incidents. The State Attorney General's office has 
initiated an investigation.
    On May 1, approximately 20 Protestant evangelical Tzotzil community 
members, along with 2 National Action Party (PAN) council members, were 
harassed and detained by local leaders on charges of ``religious and 
political intolerance.'' On May 6, in the community of Botatulan, six 
members of Jehovah's Witnesses were reputedly stopped by local leaders 
who demanded $500 (5,000 pesos) in return for releasing them. These 
detentions have not been verified.
    Tension between Catholic/Mayan syncretists and evangelical groups 
continues to be a problem in the municipality of San Juan Chamula. 
Approximately 130 children of evangelicals have been denied access to 
the local public schools in 6 communities every year since 1994. On 
August 19, a confrontation between traditionalist Catholics and 
Protestant evangelicals in the community of Tzaljaltetic, in the 
municipality of San Juan Chamula, left five persons wounded. The 
incident occurred when Catholics did not allow Protestant parents to 
register their children at the local school. The Chiapas state 
Secretariat of government (SEGOB) initiated a dialogue with both 
parties to reach an agreement and avoid future confrontations.
    In addition, local traditionalist/syncretist leaders in San Juan 
Chamula suspended services by Roman Catholic clergy in the municipality 
and later expelled two priests and a deacon from the area. On May 8, 
police arrested a Roman Catholic teacher after discovering a cache of 
arms and explosives in his cottage in San Juan Chamula. A Roman 
Catholic vicar in the community charged that the weapons were planted 
by Protestant leaders.
    In February traditionalist Catholic community members in the 
community of San Juan Metaltepec Mixes, Oaxaca expelled a group of 20 
Protestant evangelical families for their religious beliefs. This 
report could not be verified.
    On November 5, a group of indigenous families who were Jehovah's 
Witnesses abandoned their homes in the the communities of Tzajaltetic 
and Botatulan, in the municipality of San Juan Chamula in Chiapas. The 
group fled for fear of attacks against them by local bands of 
Catholics. They have been taken in by family members living in San 
Cristobal de las Casas, Chiapas.
    On November 14, seven indigenous persons were wounded in a clash in 
the community of Tzetelton, in the municipality of San Juan Chamula in 
Chiapas. According to press reports, a group of indigenous Protestants 
attacked a group of Roman Catholics when the Catholics were meeting to 
plan for the December 12 Feast of the Virgin of Guadalupe.
    On November 27, according to press reports four persons were hurt 
in a confrontation between two groups belonging to the same religion in 
the community San Pablo Atlazalpa, in Chalco, in Mexico state. The 
incident occured when a group denominated ``liberals'' entered the 
local church of St. Peter and Paul to protest the naming of a new 
parish priest. The liberals clashed with another group of 
traditionlists within the church who support the newly named priest.
    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.
    Corrupt police sometimes violated the rights of illegal immigrants. 
Illegal immigrants rarely file charges in cases of crimes committed 
against them, because the authorities generally deport immediately such 
persons who come to their attention; many pending cases brought by 
illegal immigrants are subject to dismissal because the complainant is 
no longer present in the country.
    From February 25 to March 18, the UN Special Rapporteur on Human 
Rights of Migrants, Gabriela Rodriguez Pizarro, visited the country to 
highlight the dangers of commercial sexual exploitation and trafficking 
in women and unaccompanied minors, many originating from Honduras, 
Guatemala, and El Salvador.
    On July 25-31, Juan Mendez, IACHR President and Special Rapporteur 
for Migrant Workers and Their Families, visited the country and 
expressed concern about the security of migrants transiting the 
country. He also noted problems with overcrowding in migrant detention 
centers.
    There also were credible reports that police, immigration, and 
customs officials were involved in the trafficking of illegal migrants.
    In April local police arrested 4 AFI agents in Chiapas for 
transporting 26 undocumented Central American migrants. Two other 
likely agents escaped in an unmarked vehicle with no license plates.
    In August 2001, the CNDH opened its first office along the border 
with Guatemala in Tapachula, Chiapas to receive and attend to 
complaints of human rights violations from migrants, both documented 
and undocumented. Although the CNDH office received various complaints 
by migrants including assault, rape, and extortion, the cases are 
rarely pursued because the migrant departs the area and does not stay 
to provide follow-up information. According to the CNDH, the principal 
points of entry for migrants are Comalapa, Suchiate, and Tuxtla Chico.
    Migrants who transit a halfway house in southern Chiapas have 
complained to the director about the double dangers of extortion by the 
authorities and robbery and killings by an organized gang called 
``Maras Salvatruchas'' who prey on migrants coming from the south.
    Reports of injury to and harassment of undocumented migrants 
continued around the country during the year (see Section 1.a.).
    On August 19-28, the U.N. Special Representative for Internally 
Displaced Persons, Francis Mading Deng, visited the country to review 
the situation of internally displaced person. According to different 
NGOs who met with Deng, there are over 640 families that had been 
displaced by various conflicts. The 1998 killings in El Charco 
displaced an estimated 400 families according to the head of the 
Independent Organization of Mixtec and Tlapanec People. During the 
year, FRAYBA published a study that found that 2,453 families totaling 
12,080 persons were internally displaced from 1994 to 2000. Sporadic 
violence attributed variously to religious, political, land or economic 
disputes caused persons to flee their homes for fear for their lives, 
returning only when they felt that the potential threat had abated.
    The law provides for the protection of foreigners who might face 
political persecution if they were to return to their countries of 
origin. 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 issue of providing 
first asylum did not arise during the year. The Government accepts the 
principle of first asylum and reviews each claim on a case-by-case 
basis with the assistance of the office of the UNHCR. Since the start 
of the year, the UNHCR office in Mexico City no longer processes 
refugee documentation for cases in the country. Government authorities 
now process all refugee documentation.
    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. As a result of 
electoral reforms approved and implemented in recent years, the 
political process and especially the electoral process have become more 
transparent. While elections are open and generally fair, some abuses 
continued to occur. Prior to the 2000 presidential election, the PRI 
had dominated politics, controlled the Federal government, and won 
every presidential election since its founding in 1929. However, in 
2000, voters elected President Vicente Fox, a member of the National 
Action Party and candidate of the Alliance for Change Coalition, with 
43.3 percent of the vote. Observers, both international and domestic, 
judged the elections, which ended the PRI's 71-year hold on the 
presidency, to be generally free and fair.
    The legislature amended the Constitution in 2000 to allow eligible 
citizens who are abroad to vote in presidential elections; however, the 
Senate failed to act on the necessary implementing legislation that 
would have made overseas voting possible in the 2000 election due to 
differences over the costs and requirements for voting. The national 
debate regarding overseas voting for the 2006 presidential elections 
continued during the year.
    Presidents are elected every 6 years and cannot be reelected.
    The IFE, operating with full autonomy, arranged and supervised the 
2000 federal elections. It standardized the voter registration list and 
recruited and trained thousands of civil society volunteers to serve as 
independent electoral workers at the voting booths. The IFE also 
provided support to state electoral institutes in running state and 
local elections and was instrumental in overhauling electoral district 
boundaries to reflect demographic shifts. In October the IFE announced 
new security features in voting credentials, including digitized 
photography and personalized microtext.
    In the Chamber of Deputies, the PRI holds 208 seats; the PAN 207; 
the PRD 54; the Green Ecologist Party (PVEM) 16; the Labor Party (PT) 
8; Democracy Convergence (CD) 1; the Nationalist Society Party (PSN) 3; 
and the Social Alliance Party (PAS) 2. There is one independent in the 
Chamber. The PRI holds 60 seats in the Senate; the PAN 46; the PRD 16; 
the PVEM 5; and the CD 1. Legislators can and do on occasion change 
their party affiliation.
    On the state level, the PRI holds governorships in 17 states, the 
PAN 8, the PRD 2, PRD-PT, PRD-PVEM, and PRD-PAN coalitions 4. On the 
municipal level, multi-party pluralism is well established. The PRD 
governs the Federal District, and the PAN governs 13 of the 20 largest 
cities.
    In February and March, all three major political parties held 
elections for top party posts. Only the party leadership voted in the 
PAN election. The PRI and PRD held popular elections to elect new party 
leaders. The PRI elections were open to anyone, regardless of political 
affiliation. The PRD's election was open only to registered PRD party 
members. Both elections were accompanied by accusations of fraud. The 
PRI candidate won the election by less than one percent of the vote in 
a contest marked by allegations of fraud on both sides. For example, in 
1 town in Oaxaca with 1,200 registered voters, 1,100 persons voted, 
with 1,099 votes going to 1 candidate. The PRD vote was marked more by 
disorganization than voter fraud. On election day, many polling places 
were not installed and others had not received ballots or voting boxes. 
Elections in one state, Hidalgo, were voided due to irregularities 
detected by election observers in the state level organization.
    There have been controversies over state and municipal elections. 
In July 2001, the PRI appealed the results of the July 1 Ciudad Juarez 
mayoral elections, called in favor of the PAN candidate, on the basis 
of alleged irregularities at polling places and the improper conduct by 
the city's PAN administration in favor of the PAN candidate. In August 
2001, the State Electoral Institute ruled in favor of the PRI. The PAN 
appealed the state level decision to the TEPJF, the ultimate court of 
appeal on election matters. The annulment of that election was upheld 
and a new mayoral election scheduled for May 12. The same two 
candidates, backed by PRI (this time with a coalition of smaller 
parties) and PAN, faced off with the identical result: the PAN 
candidate won by less than 4 percent of the vote. PRI and its coalition 
again appealed that result. The State Electoral Tribunal again annulled 
the election, and PAN appealed that result to the federal level. On 
July 11, members of the PAN and the PRI fought each other with sticks, 
knives, and chairs. On July 24, the Federal Electoral Tribunal upheld 
the election result and invalidated the annulment of the election at 
the state level. On July 27, the new Mayor, Jesus Alfredo Delgado, was 
sworn into office to serve the remainder of his original 3-year term.
    On February 17, the State of Quitana Roo held municipal elections. 
The PRI won every election except in the city of Cancun where the PVEM 
was victorious. However, on March 13, the state electoral tribunal 
annulled the municipal election in Cancun, based on the claim that it 
had found alleged irregularities in approximately 21 percent of the 
polling place in the city. On April 8, the Federal Electoral Tribunal 
ratified unanimously PVEM candidate Garcia Zalvidea's election as 
Cancun mayor. The state PRI party and PRI-controlled state government 
accepted the decision.
    There are no legal barriers to participation in politics by women. 
There are 23 women in the 128-seat Senate and 87 women in the 500-seat 
lower house. There are three women in the Cabinet and one female 
justice on the Supreme Court. No women serve as governors, although 
there have been female governors in the past. Nine women serve in the 
Mexico City cabinet, and 13 of the city's 23 key officials are women.
    Many state electoral codes provide that no more than 70 to 80 
percent of candidates can be of the same gender. All political parties 
are attempting to increase the number of women who run for elected 
office through formal and informal means. Some utilized quotas 
requiring that a certain percentage of candidates on a party list are 
female. However, in practice, women more often were put forward as 
substitute candidates who have little chance of serving unless the 
titular candidate leaves office. The PRD's membership is 48 percent 
female; its leadership is 27 percent female, 26 percent of its 
representatives and 12 percent of its senators are female, and it has a 
female party president. The PAN has utilized more informal methods to 
increase female registration. An estimated 24 percent of its leadership 
is female, and close to 17 percent of representatives and 13 percent of 
its senators are female. PRI party rules mandate that 30 percent of its 
federal candidates be women. An estimated 24 percent of the party 
leadership, including its Secretary General, 16 percent of its 
representatives, and 18 percent of its senators are female.
    There are no legal barriers to participation in politics by members 
of minorities or persons of indigenous descent; however, there were no 
statistics available regarding minority participation in the 
Government.
    Constitutional changes in 1996 expanded the rights of indigenous 
people to elect representatives to local office according to ``usages 
and customs,'' rather than federal and state electoral law. Only the 
states of Oaxaca and Quintana Roo have enacted implementing legislation 
to effect such local elections. Traditional customs vary from village 
to village. In some villages, women do not have the right to vote or to 
hold office. In others they can vote but not hold office.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of human rights groups operate largely without 
government restriction, investigating allegations of human rights 
abuses and publishing their findings on human rights cases. According 
to the Secretariat of government's Directorate of Liaison with Social 
and Civil Organizations, there are 979 human rights NGOs in the 
country. Government officials have met with NGOs in an effort to become 
more cooperative and responsive to NGO views.
    In 2000, President Fox eased entry requirements for those 
interested in observing human rights conditions. They must agree to 
observe the country's laws.
    Reports of harassment, attacks, and detentions against human rights 
workers have diminished; however, they continued to occur. PRODH 
documented more than 12 instances of aggression against human rights 
defenders.
    On January 14, unknown gunman fired on the home of the Chiapas CEDH 
president Pedro Lopez Hernandez, in Tuxtla Gutierrez. There were 
accusations between the ombudsman and the state governor that the state 
government was behind the shooting. In May police arrested Nicolas 
Acero Nandayapa and Venturiano Ruiz Macias for the shooting. On October 
12, Lopez Hernandez presented a complaint before the PGR of harassment 
by state authorities. Press reports said Lopez Hernandez was preparing 
to take his case before the Inter-American Human Rights Commission. 
Investigation into the shooting continued at year's end.
    On March 18, in Mexico City, human rights lawyer Barbara Zamora, a 
colleague of slain human rights lawyer Digna Ochoa and legal 
representative for the Ochoa family, received a threat via e-mail.
    On April 11, Maria Guadalupe Morfin Otero, ex-president of the 
Jalisco state human rights commission received at her home in 
Guadalajara a telephonic threat of death if she continued to pursue a 
court injunction (amparo) against the state Congress. Morfin alleged 
that the Congress impeded her from a second term in office without 
foundation and without an objective evaluation of her work. In December 
PRODH announced that it would present the case before the Inter-
American Human Rights Commission.
    On July 16, Arturo Requesens, a member of the Christian Action for 
the Abolishment of Torture, received death threats for his 
investigations into the disappearance of Jesus Angel Gutierrez 
Oliveras.
    There were several instances of harassment in Ciudad Juarez, 
Chihuahua during the year. At the close of 2001, women from NGOs 
complained to the CNDH that they received threats via fax and telephone 
because of their participation in the investigation of the murdered 
women in Ciudad Juarez. In January the spokesperson of the Juarez 
Coordinator Pro Women Victoria Caraveo Vallina, who had been receiving 
threatening calls, and her mother were assaulted in separate incidents 
near their home. On March 27, unknown assailants killed the 73-year-old 
step-mother of human rights activist Astrid Gonzalez, one of the 
founders of the group Women for Juarez and the director of a program 
called ``Stop Crime'' that offers rewards for the capture of killers of 
women on the northern border.
    In its 2002 report, Amnesty International noted that human rights 
defenders and journalists continued to be harassed and were the victims 
of death threats.
    In July Renato Sales, the Mexico City Attorney General's office 
Special Prosecutor investigating the 2001 death of Digna Ochoa y 
Placido, resigned from the case after information leaked to the press 
that the PGJDF was seriously considering the hypothesis that Ochoa's 
death was a suicide. PGJDF Attorney General Bernardo Batiz appointed a 
three-person panel to select A replacement for Sales. The new Special 
Prosecutor, Margarita Guerra, a criminal court magistrate in the PGJDF, 
took over the Ochoa investigation on August 1.
    There were no developments in the investigation of death threats 
against Arturo Solis, president of the Center of Border Studies and the 
Promotion of Human Rights. He received these threats after he publicly 
accused federal immigration agents in Tamaulipas of involvement in 
illegal immigrant trafficking in 2000 (see Section 2.d.).
    There were no developments in the investigations into robberies of 
the home and office of Angelica Ayala Ortiz, vice president of LIMEDDH. 
Investigations into both cases were ongoing at year's end.
    The PRODH has criticized the Government's actions to protect human 
rights workers as inadequate. The PRODH advocates adoption of measures 
to promote awareness of the importance of human rights work and to 
investigate cases of threats, intimidation, and attacks against human 
rights workers. In November and December 2001, SEGOB developed a plan 
in collaboration with NGOs to provide enhanced protective measures for 
human rights activists and to determine the circumstances and 
conditions under which this assistance may be provided.
    The CNDH has improved its credibility steadily since its 
establishment by the Government in 1990. The Senate, instead of the 
President, now appoints the commission's president, although some NGOs 
feared that this would make the CNDH more susceptible to political 
pressure. In 1999 the Senate named legal scholar Jose Luis Soberanes to 
a 5-year term as CNDH president, replacing the sitting president prior 
to the expiration of her term. Although most NGOs have a favorable 
opinion of the CNDH, many are critical of its method of presenting 
information, especially the reporting of compliance with 
recommendations, which is mandated by statute. However, in a public 
opinion survey in May 2001, a majority of respondents indicated that 
they felt the CNDH was an institution that offered services of 
protection, defense, and consultation to the population.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution provides that men and women are equal before the 
law, and that education should avoid ``privileges of race, religion, 
groups, sexes, or individual''; however, these provisions were not 
enforced effectively, although the Government continued to make 
progress in efforts to do so.
    In June the 24th Gay-Lesbian Pride parade occurred in Mexico City 
with the participation of an estimated 35,000 persons and 70 
organizations without incident.
    In the most recent National Survey on Political Culture and Citizen 
Practices, the National Center for the Prevention and Control of AIDS 
(CENSIDA) announced that the rates of rejection of homosexuals by both 
those who considered themselves liberals and those who classified 
themselves as conservatives were almost the same: 37 and 39 percent 
respectively. The same survey found that 66 percent of respondents 
would not share a home with a homosexual.
    Individuals suffering from HIV/AIDS are victims of prejudice.
    In the same CENSIDA survey, 57 percent of the persons surveyed said 
they would not live with someone infected with HIV.

    Women.--The most pervasive violations of women's rights involve 
domestic and sexual violence. Both are widespread and vastly 
underreported. A 1997 law criminalized intrafamily violence, 
established protective measures for victims, and provided public 
education on the domestic violence problem. The law provides for fines 
equal to 30 to 180 days' pay and the detention of violators for up to 
36 hours. The Center for Attention to Intrafamily Violence reported in 
2000 that it received between 50 to 60 complaints nationwide every day. 
In January the ``Casa de la Mujer'' in Merida, Yucatan reported 
receiving 160 cases daily of domestic violence. According to a 1999 
survey by the National Institute of Statistics, Geography, and 
Computation, some form of domestic abuse occurs in one of every three 
homes. The victim seeks help in only one of every six homes suffering 
from domestic abuse. Women are reluctant to report abuse or file 
charges, and the police are reluctant to intervene in what society 
considers a private matter. Many police also are inexperienced in these 
areas and unfamiliar with appropriate investigative techniques, 
although some have received training on these problems.
    According to the Mexican Commission for the Defense and Promotion 
of Human Rights (CMDPDH), over 1 million women each year seek emergency 
medical treatment for injuries caused by domestic violence. Groups such 
as the NGO Center for Research and Care of Women are attempting to 
counter the widespread view of domestic violence as private, normal 
behavior and to deter future violence. Within the CNDH's First 
Inspector General's office, the General Coordinating Office devotes all 
of its time to issues relating to women, children, and the family.
    In September Nuevo Laredo became the first municipality in 
Tamaulipas state to enforce a 1999 domestic violence law. The law not 
only provides protection to the victim from physical, psycho-emotional, 
and sexual aggression from the immediate family but also any extended 
family. The law provides, at no cost to the victim, refuge, medical 
attention, legal counsel, and the assistance of social workers.
    A 1997 law expanded the definition of rape to include spousal rape, 
applying to both married or common-law couples. Under certain 
circumstances limited to the statutory rape of a minor between the ages 
of 12 and 18, the Criminal Code allows a judge to dismiss charges if 
the persons involved voluntarily marry. In practice this provision is 
invoked rarely.
    In November 2001, the bodies of eight young women who had been 
raped and murdered were found in an empty lot adjacent to a busy 
intersection in Ciudad Juarez. State authorities arrested two bus 
drivers accused of the crimes within 3 days but the drivers allege 
their confessions were obtained under torture. Their attorney was 
subsequently shot and killed by the State Police following a high-speed 
car chase during which the attorney called his father and reported that 
he was being pursued. The police originally alleged that he had died of 
injuries received when his car crashed but were forced to retract that 
information when it was revealed that he had been shot in the head. The 
officers involved in the case were questioned but never charged nor 
disciplined. They continue in their official capacity. The bus drivers 
remained jailed pending sentencing at year's end. On December 6, the 
Chihuahua State Supreme court upheld the decision of a lower court's 
sentence against Carlos Barrientos Vidales, Charly Ceniceros Garcia and 
Romel Omar Ceniceros Garcia, members of the gang ``Rebeldes'' who were 
detained in 1996, for their participation in the murders of at least 10 
women in Ciudad Juarez on the orders of Abdel Latif Sharif. There were 
two disappearances of young women in Ciudad Juarez in December. No 
arrests have been made in either case.
    The State Attorney General's office claimed that following DNA 
identification, it had identified positively six of the eight murdered 
women, whose bodies the families had buried; however, subsequent 
information revealed that the identifications had been mistaken. When 
the families demanded additional DNA tests, the State Police claimed 
the DNA evidence had been lost.
    On February 11-12, Marta Altolaguirre Larrondo, the IACHR Special 
Rapporteur on the Rights of Women visited Ciudad Juarez and expressed 
her dismay at the lethargy displayed by the state and federal 
authorities in investigating the death of 268 women since 1993.
    Trafficking in women for the purpose of sexual exploitation is a 
problem (see Section 6.f.).
    The Federal Criminal Code includes penalties for sexual harassment, 
but victims must press charges. Many female victims were reluctant to 
come forward, and cases were difficult to prove. Sexual harassment in 
the workplace is widespread. In May 2001, the CDHDF estimated that at 
least 80 percent of the women who work in Mexico City have experienced 
sexual harassment.
    Although the Constitution provides for equality between the sexes, 
neither the authorities nor society in general respect this in 
practice. The legal treatment of women's rights is uneven. Women have 
the right to own property in their own names and to file for separation 
and divorce. However, in some states a woman may not bring suit to 
establish paternity and thereby obtain child support unless the child 
was a product of rape or cohabitation, the child resides with the 
father, or there is written proof of paternity.
    The Constitution and labor laws provide that women shall have the 
same rights and obligations as men, and that ``equal pay shall be given 
for equal work performed in equal jobs, hours of work, and conditions 
of efficiency.'' However, women in the work force generally are paid 
less than their male counterparts and are concentrated in lower-paying 
occupations. In February, the sub-secretariat of Educational Services 
in the Secretariat of Education said that the top 10 percent of the 
highest paid men earn 50 percent more than the top 10 percent of 
highest paid women, and that the bottom 10 percent of the lowest paid 
men earn 25 to 27 percent more than the bottom 10 percent of the lowest 
paid women.
    Labor law provides extensive maternity protection, including 6 
weeks' leave before and after childbirth and time off for breast 
feeding in adequate and hygienic surroundings provided by the employer. 
Employers are required to provide a pregnant woman with full pay, are 
prohibited from dismissing her, and must remove her from heavy or 
dangerous work or exposure to toxic substances. To avoid these 
expensive requirements, some employers, including some in the maquila 
industry, reportedly violate these provisions by requiring pregnancy 
tests in preemployment physicals, by regular examinations and inquiries 
into women's reproductive status (including additional pregnancy 
tests), by exposing pregnant women to difficult or hazardous conditions 
to make them quit, or by dismissing them. In September the Veracruz 
state office of the Secretariat of Labor and Social Security reported 
that it had turned over approximately 160 cases of women that were 
dismissed from their workplace because they were pregnant. The office 
said that the figure amounted to only 10 percent of the total 
complaints received.
    The Secretariat of Labor makes safety and hygiene inspections in 
private factories and public institutions to protect the labor rights 
of workers (see Section 6.e.).
    There were reports that public health institutions performed forced 
sterilizations in marginalized indigenous areas (see Sections 1.c. and 
1.f.).
    On March 8, the National Women's Institute (NWI) began operating. 
This new agency is expected to coordinate tasks previously carried out 
by the National Women's Program (PRONAM), such as making 
recommendations to the Government regarding women's issues, and working 
with government agencies, international organizations, and NGOs to 
support women's causes. The NWI and the National Statistics Institute 
tracked gender-specific statistics to ascertain more accurately the 
status of women. The International Labor Organization (ILO), the 
Secretariats of Labor and Foreign Relations, and the National Women's 
Institute have all promoted the equal status of women in the workplace. 
In October 2001, NWI launched its Pro-Equality program, designed to 
institutionalize a gender perspective within the Federal government. In 
addition, there are several local groups that actively support women's 
rights.
    The Friends House (Casa Amiga) in Ciudad Juarez provides shelter 
for women and children in extreme need, advocates for the legal rights 
of women and children in the state of Chihuahua, and works closely with 
the sexual trauma assault resource crisis center in El Paso, Texas. It 
also provides training to police and administers outreach programs. The 
Fundemos Foundation in Guadalajara promotes legal reforms to protect 
victims of domestic violence and participates in the state coordinating 
body for women's organizations.

    Children.--The Government maintains several programs to promote 
child welfare that support maternal and infant health, provide stipends 
for educating poor children, subsidize food, and provide social 
workers; however, problems in children's health and education remain. 
The CNDH received complaints about the services provided by the 
Secretary of Health, the Secretary of Education (SEP), and the 
Institute of Social Security. Children under the age of 15 make up 34 
percent of the population, and the median age of the population is 21. 
Nine years of education are compulsory, and parents are legally liable 
for their children's attendance; however, SEP and the Sierra 
Neighborhood Foundation have maintained that only approximately 30 
percent of youths between 15 and 20 years of age attend school. 
According to a 1998 academic study, in most areas of the country, girls 
and boys attend school at similar rates. In marginalized rural areas, 
national statistical agencies report that 60 percent of girls attend 
primary school compared with 70 percent of boys. Scholarships offered 
to families of the abject poor under the Government's ``Progresa'' 
antipoverty program kept an additional 100,000 children in school in 
1999, and according to Progresa, that number increased by 18 percent in 
2000. Progresa incorporated 763,000 new families into the program 
during the year.
    The National Public Health Institute's 2000 National Nutrition 
Survey reported that 3 million children under the age of 5 suffered 
some form of malnutrition, and a 1999 national nutrition survey stated 
that the same number suffer anemia, while another 2 million children 
chronically were malnourished. The mortality rate for children under 5 
years of age was 33 per 1,000 live births, according to UNICEF figures.
    The National Institute for the Integral Development of the Family 
(DIF) received an average of approximately 35,000 complaints per year 
of physical and mental abuse against children, the majority in the 
Federal District, Mexico State, and Nuevo Leon. In April 2001, the 
Federal Chamber of Deputies Committee for Vulnerable Groups estimated 
that some 300 children die every year due to domestic violence.
    Child prostitution and pornography are felonies under the law; 
however, sexual exploitation is a problem. Under a 2000 law, anyone 
convicted of corrupting a minor under 16 years of age by introducing 
the minor to pornography, prostitution, or any sexual exploitation can 
be sentenced to 5 to 10 years' imprisonment. If parents or guardians 
are convicted of a crime, they automatically lose custody of their 
children. If convicted, accomplices to sexual abuse or exploitation may 
be imprisoned for 6 to 10 years. When physical or psychological 
violence is used to abuse sexually or profit from children's 
exploitation, the minimum and maximum penalties for these crimes are 
increased by up to one-half. A 2000 DIF/UNICEF report estimated that 
16,000 children below the age of 17 were victims of some form of sexual 
exploitation. The localities of Acapulco, Cancun, Ciudad Juarez, 
Guadalajara, Tapachula, and Tijuana accounted for over one-fourth of 
that figure (4,600). In 2000, the Mexico City attorney general's office 
and the Mexico City Human Rights Commission reported that nearly 12,000 
children in Mexico City were exploited sexually.
    Trafficking in children for the purpose of sexual exploitation was 
a problem (see Section 6.f.). In 2000 the PGR established the Special 
Prosecutor's Office for Attention to Crimes of Trafficking in Children. 
Televisa news reported that an estimated 18,000 children a year were 
kidnaped in Mexico.
    Child labor is a problem, particularly among migrant farming 
families (see Section 6.d.). The Government has attempted to make 
schooling easier for the children of such families by making their 
educational credentials transferable.
    In 2000 the Congress passed a constitutional amendment to protect 
the rights of children and teenagers and ensure respect for their 
dignity. The amendment also increased penalties for the sexual abuse or 
exploitation of children. In 2000 the Congress also passed the 
Protection of the Rights of Children and Adolescents Law. This law 
provides for the right to life, nondiscrimination, healthy living 
conditions, protection against threats to liberty and physical abuse, a 
healthy family life, health services, equal treatment for persons with 
disabilities, education, pursuit of happiness, and freedom of thought 
and expression. Penalties for violation of this law include fines of 
500 to 1,000 times Mexico City's minimum wage and possible 
imprisonment.
    Press reports cited a 1998-99 DIF study that estimated that some 
130,000 minors in 101 cities were living in the streets. The NGO 
Mexican Association of Childhood and Youth reported that there was a 
large population, estimated at 42,000, of vulnerable street children in 
Mexico City. Street children often become involved with alcohol, drugs, 
prostitution, petty thievery, and increasingly, violent crimes. In the 
past, there were charges that corrupt police officials sometimes 
exploited these children by pressuring them to commit petty crimes and 
extorting money from them. In March 2001, the DIF began a program aimed 
at street children, focusing initially on 3,000 children in Mexico 
City, Puebla, Guadalajara, Monterrey, Tijuana, and Ciudad Juarez. On 
April 17, 17-year-old Jose Luis Juarez Tinoco, a street youth, died 
after having been raped and strangled in Mexico City.
    The Government and various NGOs have programs to protect the rights 
of children and to instill inter-generational respect for human rights 
through educational programs. During the year, the PGR, the National 
Women's Institute, UNICEF, and DIF sponsored a program called ``Open 
your Eyes, But Don't Close your Mouth'' to encourage citizens to 
denounce crimes, especially child prostitution and child pornography.
    On October 23, the CNDH submitted its recommendation no. 39/2002 
directed toward the Secretary of Education, concerning sexual abuses of 
minors and the possible existence of a child pornography ring in 
schools within the public education system. The recommendation called 
for administrative sanction against the school director, a full 
investigation into the case and psychiatric help for the children and 
their parents.
    On December 10, President Fox unveiled the program ``An Appropriate 
Mexico for Infancy and Adolescence 2002-2010'', elaborated with the 
participation of 25 institutions and in collaboration with UNICEF. The 
program is designed to cater to the more vulnerable children belonging 
to indigenous groups, migrants, children with disabilities, and street 
children. The National Council for Infancy and Adolescence is charged 
with the implementation of the program. The program is an action plan 
to diminish child poverty, malnutrition, and abandonment, and childhood 
sicknesses such as obesity, AIDS, and infant mortality.

    Persons with Disabilities.--Estimates of the number of persons with 
disabilities range from 2 to 10 million. In the 2000 census, 1.8 
million persons identified themselves as having a disability, although 
2.2 million persons chose not to specify whether or not they had a 
disability. According to the President's Office for the Promotion and 
Social Integration of Persons with Disabilities, there are estimated to 
be 250,000 new cases a year of persons with disabilities owing to 
accidents, births, or diseases. According to the National Institute for 
Statistics, Geography and Information (INEGI) there are 988 registered 
institutions of or for persons with disabilities. In Mexico City, 166 
NGOs address problems affecting persons with physical disabilities.
    In 2001 the President unveiled the National Public Access Program, 
designed to provide equal access and rights to persons with 
disabilities. The program will evaluate and improve accessibility for 
more than 4,000 federal buildings, including offices, hospitals, 
airports, and bus stations. In December President Fox reiterated his 
administration's promise to make government buildings accessible to 
people with different disabilities. The evaluation program was ongoing 
at year's end.
    In October, Federal District head of government Andres Manuel Lopez 
Obrador announced that in 2003 the number of persons with disabilities 
receiving aid in the Federal District's will increase from 40,000 to 
50,000.
    On December 3, President Fox accompanied by the Secretary of Labor 
and the national DIF director, unveiled the ``Labor Integration 
Program'' to promote the hiring of persons with disabilities by the 
private sector. The program was supported by the Confederation of 
Industrial Chambers of Mexico (CONCAMIN).
    The DIF has 62 Rehabilitation Centers in 31 states and the Federal 
District and more than 600 Basic Rehabilitation Units throughout the 
country.
    A total of 27 of the 31 states have laws protecting persons with 
disabilities. Local law requires access for persons with disabilities 
to public facilities in Mexico City, but not elsewhere in the country. 
In practice most public buildings and facilities in Mexico City do not 
comply with the law. The Federal District also mandated access for 
children with physical disabilities to all public and private schools. 
The Mexico City Secretary of Education, Health, and Social Development 
stated previously that 78 percent of these children received some 
schooling. In 2000, the President's Office announced that 90,000 
children with disabilities were integrated into a regular education 
system between 1994 and 2000.
    In August the Federal District Electoral Institute (IEDF) announced 
that it would facilitate voting for persons with disabilities. Voting 
booths would be made wider and shorter for people in wheelchairs; 
however, ramps leading to the voting booths for wheelchairs would not 
be installed. Ballot boxes with Braille writing, and a special ballot 
holder and marker for those with limited fine motor skills will be 
available.

    Indigenous Persons.--The indigenous population has been long 
subject to discrimination, repression, and marginalization. In December 
2000, the Fox administration created the Office of Development of 
Indigenous People, within the presidency to work with the National 
Indigenous Institute (INI) to attend to indigenous affairs. In its 
``National Program for the Development of Indigenous Peoples 2001-
2006'', the INI estimated the registered indigenous population at 8.4 
million, while the estimated overall population was 12.7 million. 
Estimates from other organizations vary from 8 to 10 million. The 
report lists: 6 million native indigenous dialect speakers over 5 years 
of age, 1.3 million children under 5 who live in households of native 
indigenous dialect speakers, and 1.1 million individuals who identified 
themselves as indigenous, but do not speak an indigenous dialect. 
Indigenous people are located principally in the central and southern 
regions and represent 37 percent of the population in the states of 
Oaxaca and Yucatan. However, these groups have remained largely outside 
the political and economic mainstream, as a result of longstanding 
patterns of economic and social development. In many cases, their 
ability to participate in decisions affecting their lands, cultural 
traditions, and allocation of natural resources is negligible.
    In 2000 President Fox submitted to Congress the Indigenous Rights 
and Culture bill (COCOPA), a package of constitutional reforms that 
codified the San Andres Accords. In April 2001, the Senate and Lower 
House passed an amended version of the Indigenous Rights and Culture 
bill, and the bill became law in August 2001. The bill addressed 
government recognition of indigenous people; their right to internal 
self-government; the legal standing of traditional forms of justice; 
indigenous input into national, state, and municipal development plans; 
and control over natural resources.
    The EZLN opposed the revised bill's subjection of indigenous rights 
and autonomy to existing federal, state, and municipal laws and 
jurisdictions, provisions not contained in the original COCOPA 
proposal.
    Various state governments and multiple indigenous groups launched 
more than 300 challenges to the reform's constitutionality. Opponents 
claimed that the process by which the reform was amended contravened 
international norms and conventions, specifically ILO Convention 169 on 
Indigenous and Tribal Peoples, which requires public participation in 
the development of legislation that affects the lives of indigenous 
people.
    On September 6, the Supreme Court ruled that it did not have the 
authority to analyze legislated changes to the Constitution and that 
therefore, the August 2001 changes to the Indigenous Rights Law remain 
valid and beyond the Court's jurisdiction to approve, modify, or 
strike. The ruling closed the judicial door to changing the law. A 
multitude of indigenous and human rights NGOs, as well as state and 
local governments, declared their dissatisfaction with the decision. 
Governments and NGOs fear that the decision may lead to renewed 
violence, as Indigenous groups perceive that they have used their last 
legal option, and their only alternative is more radical protest.
    In April CNDH President Jose Luis Soberanes stated that the 
indigenous people remain third-class citizens. Indigenous people do not 
receive social justice, he added, and there is no indication that the 
State has the intention of paying its historic debt.
    Sporadic outbursts of politically motivated and land dispute 
violence continued to occur in the southern states of Chiapas, 
Guerrero, and Oaxaca. Land disputes going back decades are also a cause 
of tension in the indigenous regions, especially in Oaxaca, Guerrero, 
and Chiapas (see Section 1.a.).
    Judges often failed to sentence indigenous detainees within legally 
mandated periods (see Sections 1.d. and 1.e.). However, federal 
prosecutors drop drug charges against indigenous defendants whom drug 
traffickers forced to grow illegal crops, and the INI supports programs 
to provide translators and bail assistance to indigenous defendants 
(see Section 1.d.).
    Indigenous people do not live on autonomous reservations, although 
some indigenous communities exercise considerable local control over 
economic, political, and social issues. In the State of Oaxaca, for 
example, 70 percent of the 570 municipalities are governed according to 
the indigenous regime of usages and customs, which may not follow 
democratic norms such as the secret ballot, universal suffrage, and 
political affiliation (see Section 3). These communities apply 
traditional practices to resolve disputes and to choose local 
officials. In 1998 Quintana Roo's State Legislature passed a similar 
usages and customs law. While the laws allow communities in these 
states to elect officials according to their traditions, these usages 
and customs tend to exclude women from the political process. Usages 
and customs also often infringe on other rights of women.
    There were reports that public health institutions performed forced 
sterilizations in marginalized indigenous areas (see Section 1.f.).
    The law provides some protection for indigenous people, and the 
Government provides support for indigenous communities through social 
and economic assistance programs, legal provisions, and social welfare 
programs. Budget constraints prevented these measures from meeting the 
needs of all indigenous people.
    The General Education Act provides that educational instruction 
shall be conducted in the national language, Spanish, without prejudice 
to the protection and promotion of indigenous languages. However, many 
indigenous persons speak only their native languages.
    The President created the sub-cabinet Office for the Development of 
Indigenous Peoples led by Xochitl Galvez to complement the efforts of 
the INI, the CNDH, and various NGOs, which operate programs to educate 
indigenous groups about their political and human rights. The 
Government generally professed respect for indigenous people's desire 
to retain elements of their traditional culture in practice. The CNDH's 
Office of the Fourth Inspector General reviews and investigates 
violations of indigenous rights. More than 130 NGOs are dedicated to 
the promotion and protection of indigenous rights.

Section 6. Worker Rights

    a. The Right of Association.--The Constitution and the Federal 
Labor Law (LFT) provide workers with the right to form and join trade 
unions of their choice. Approximately 25 percent of the total work 
force is unionized, mostly in the formal sector, where approximately 
one-half the labor force is employed.
    No prior approval is needed to form unions; however, they must 
register with the Federal Labor Secretariat (STPS) or state labor 
boards (JLCA) to function legally. Registration requirements are not 
onerous. In 2001 46 new labor unions registered with the STPS or the 
JLCA, and approximately 50 percent of these were independent of the 
main labor centrals. However, the STPS or the JLCA occasionally have 
withheld or delayed registration of unions. For example, in October 
2001 the STPS declared itself incompetent to register a union to 
represent professional soccer players, arguing that guaranteeing union 
representation to sports professionals is not a federal function. In 
April a labor judge in Mexico City ruled against the STPS, and the STPS 
appealed the decision to the Supreme Court. The court ruled against the 
union, upholding the argument of the Secretariat that the Federal 
Conciliation and Arbitration Board was not competent to register the 
union. However, the Court did say that the football players' union 
could register with any state or local conciliation and arbitration 
board, and that that registration would be considered valid in the 
whole country.
    The STPS and the JLCA have registered unions that turned out to be 
run by extortionists or labor racketeers falsely claiming to represent 
workers. To remedy this problem, STPS officials required evidence that 
unions were genuine and representative. Genuine unions can demonstrate 
that they actually have members and represent the workers at the 
workplace. Some labor organizations have complained that they have 
found it difficult to obtain registration, especially from some local 
conciliation and arbitration boards.
    The Federal Labor Board (JFCA) and the JLCA are tripartite and 
include the Government, union, and employer representatives. Although 
trade union presence on the boards usually is a positive feature, it 
can sometimes lead to unfair partiality in representation disputes. 
Trade union registration was the subject of follow-up activities 
pursuant to a 1995 agreement reached in ministerial consultations under 
the North American Agreement on Labor Cooperation.
    Unions form federations and confederations freely without 
government approval. Most unions belong to such bodies, which also must 
register to have legal status. The largest trade union central is the 
Confederation of Mexican Workers (CTM), traditionally a part of the 
labor sector of the PRI, but affiliation is by individual unions.
    The Mexican Workers' Regional Confederation, the Revolutionary 
Worker and Peasant Confederation, and most of the separate national 
unions, smaller confederations, and federations in the Labor Congress 
(CT) also are allied with the PRI. However, several unions did not ally 
themselves with the PRI, including SNTE, the large teacher's union, 
which severed its PRI ties a decade ago, and freed its minority 
factions--including the CNTE, a breakaway teachers' union--to cooperate 
openly with other parties, particularly the PRD. In April 2001, the 
Federal Employee Union Federation (FSTSE) ended its long-standing 
relationship with the PRI. There also are a few small labor federations 
and independent unions outside the CT not allied with the PRI. One is 
the small, left-of-center Authentic Labor Front (FAT). Most FAT members 
sympathize with the PRD, but the FAT is independent and not formally 
tied to the PRD. In 1997 160 labor organizations representing workers 
in the private and public sectors, led by the telephone workers and 
social security workers unions, formed the National Union of Workers--a 
labor central in competition with the officially recognized CT.
    PRI-affiliated union officers traditionally helped select, ran as, 
and campaigned for PRI candidates in federal and state elections and 
supported past PRI government policies at crucial moments. The CT, 
especially the CTM, was well represented in the PRI senatorial and 
congressional delegations, although its numbers diminished 
significantly after the 1997 and the 2000 elections.
    The ILO Committee of Experts (COE) has found that certain 
restrictions in federal employee labor law, adopted at FSTSE request, 
violate ILO Convention 87 on freedom of association. These restrictions 
allow only one union per jurisdiction, forbid union members from 
quitting the union, and prohibit reelection of union officials. In 1998 
the COE and the ILO Committee on Application of Standards reiterated 
their criticism and asked the Government to amend the law. The 
Government responded to the criticism with subsequent labor reforms. A 
1999 Supreme Court decision permits the formation and recognition of 
more than one union per federal entity. In April 2001, the Supreme 
Court ruled that Articles 395 and 413 of the LFT were unconstitutional 
because they violated the constitutional provision for freedom of 
association. This decision permitted recognition of multiple unions at 
a company, and workers may obtain and retain employment whether or not 
they are associated with a union.
    In April 2001, the Congress approved a package of constitutional 
reforms on indigenous rights and culture (see Section 5). Critics argue 
the approved reforms fail to meet the Government's obligations to ILO 
Convention 169 on Indigenous and Tribal Peoples. In the report prepared 
for the June Conference, the COE noted numerous complaints of 
noncompliance with Convention 169 and stated that although the 
constitutional reforms published in the Official Bulletin ``cover a 
large part of the subjects covered by the Convention,'' the COE was 
aware that the reforms were controversial and was examining them in 
detail.
    The country's record for internal union democracy and transparency 
was spotty. Some unions were democratic, but corruption and strong-arm 
tactics were common in others.
    In a case involving freedom of association linked to the right to 
organize unions, in 1997 a total of 10 unions and 24 additional 
organizations, including NGOs and human rights groups, jointly filed a 
submission with the U.S. National Administrative Office (NAO) alleging 
that a CTM-affiliated union used strong-arm tactics to intimidate 
workers so that they would not vote in favor of a rival union to 
represent workers at a plant in Mexico state. This submission also 
alleged violations of health and safety regulations. The Canadian NAO 
also received a submission on this case in 1998. The U.S. NAO issued a 
report in 1998 that recommended ministerial consultations. A May 2000 
agreement between the U.S. and Mexican Labor Secretaries and adhered to 
by the Canadian Labor Minister provided that the Mexican Labor 
Secretariat hold a trilateral public seminar regarding labor boards and 
their members and officials; their structure and responsibilities; the 
rules and procedures to assure impartiality, as well as their role in 
the process for gaining the right to a collective bargaining contract. 
Consistent with the Joint Statement on Ministerial Consultations 
released on June 12, the seminar is to take place in Monterrey, Nuevo 
Leon, Mexico; however, it had not been scheduled by year's end.
    The Constitution and the LFT protect labor organizations from 
government interference in their internal affairs, including strike 
decisions. However, this also can protect undemocratic or corrupt union 
leaders. The law still permits closed shop and exclusion clauses, 
allowing union leaders to vet and veto new hires and to force dismissal 
of anyone the union expels. Such clauses are common in collective 
bargaining agreements.
    Employer organizations slowed efforts to push for labor law reform 
early in 1999 and entered into ongoing discussions with the Government 
and labor unions about reforming the LFT's rules of procedure. 
Government, employers, and unions had negotiated reforms through 
tripartite national agreements and collective bargaining at the 
enterprise level. Reforms were effected also through cooperation in 
programs to increase, and compensate for, productivity. Government, 
national labor unions, and employer organizations met periodically 
throughout the year to discuss ways and means of cooperation to boost 
productivity, wages, and competitiveness. The STPS sponsored a 
reformatted restructured committee that was working on draft labor 
legislation to present to Congress at year's end. On December 12, a 
group of 17 members from the PRI, the PAN, and the Green Ecologist 
Party introduced the labor reform bill to the Chamber of Deputies 
plenum, that in turn referred it to the appropriate committees. 
Congress did not act on the legislation prior to adjourning for the 
year on December 15.
    Unions are free to affiliate with, and increasingly are interested 
in actively participating in, trade union internationals.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution and the LFT provide for the right to organize and bargain 
collectively. Interest by a few employees, or a union strike notice, 
compels an employer either to recognize a union and negotiate with it 
or to ask the federal or state labor board to hold a union recognition 
election. LFT pro-union provisions led some employers to seek out or 
create independent ``white'' or company unions as an alternative to 
mainstream national or local unions. Representation elections are 
traditionally open, not secret. Traditionally, management and union 
officials are present with the presiding labor board official when 
workers openly declare their votes, one by one. Such open recounts, 
which in the past have resulted in the intimidation of prounion workers 
and in reprisals against them, are prevailing practice but are not 
required by law or regulation. Secret ballots are held when all parties 
agree. Moves to change that arrangement began early in the year. The 
draft bill contains provision for secret ballot elections as long as 
there are at least two contenders. The bill, however, is not yet law.
    On March 5, workers, dissatisfied with benefit and salary 
negotiations at Alcoa Plant Number 2 in Piedras Negras, Coahuila, voted 
to replace the union representation of the CTM with an independent 
union, Comite Fronterizo de Obreros (CFO). In spite of enduring 
harassment and violence allegedly from the CTM, workers handed victory 
to the CFO by 300 votes, a 20 percent margin. This election was 
noteworthy because it occurred by secret ballot. On October 18, workers 
at Alcoa Plant #1 elected new union representatives by secret ballot. 
The slate entitled ``For Unity'' received 400 more votes than were cast 
for the slate sponsored by CTM leader Leocadio Hernandez. The union 
committee of Plant #2 assisted the independent union in achieving its 
victory at Plant #1. At year's end, local labor authorities had not 
granted registration to either new union.
    In July the National Administrative Office (NAO) in Washington D.C. 
charged with oversight of the North American Agreement on Labor 
Cooperation declined to accept a submission from the AFL-CIO, 
protesting that a lack of secret ballots during a March 2001 election 
at a foreign-owned company in Rio Bravo, Tamaulipas. The NAO argued 
that Mexican labor law recognizes the rights of freedom of association 
and to bargain collectively, but has no provision governing the use of 
secret ballots in trade union representation elections.
    The 2002 Human Rights Watch World Report stated that collective 
bargaining agreements negotiated between management and probusiness and 
nonindependent unions frequently hindered legitimate organizing 
activity. The report stated that in other cases employers' hiring 
practices, such as the use of subcontractors and ``permanent 
temporary'' workers, impeded workers from organizing.
    Wage restraints no longer exist, except for those caused by 
recession or an employer's difficult situation. Wages in most union 
contracts appeared to keep pace with or ahead of inflation, but most 
workers had not yet regained buying power lost over the past decade.
    The Constitution and the LFT provide for the right to strike. The 
law requires 6 to 10 days' advance strike notice, followed by brief 
government mediation. If federal or state authorities rule a strike 
``nonexistent'' or ``illicit,'' employees must remain at work, return 
to work within 24 hours, or face dismissal. If they rule a strike 
legal, the company or unit must shut down completely, management 
officials may not enter the premises until the strike is over, and the 
company may not hire replacements for striking workers. Provisions for 
maintaining essential services are not onerous. The law also makes 
filing a strike notice an effective, commonly used threat that protects 
a failing company's assets from creditors and courts until an agreement 
is reached on severance pay. Although few strikes actually occur, 
informal stoppages are fairly common, but uncounted in statistics, and 
seldom last long enough to be recognized or ruled out of order. The law 
permits public sector strikes, but formal public sector strikes are 
rare. Informal ones are more frequent. There were 43 strikes from 
January through November. According to the Secretariat of Labor and 
Social Welfare, in the two years that the Fox administration has been 
in office there have been 82 strikes at the federal level.
    The public sector is almost completely organized. Industrial areas 
are organized heavily. Even states with little industry have transport 
and public employee unions, and rural peasant organizations are 
omnipresent. The law protects workers from antiunion discrimination, 
but enforcement is uneven in the few states with low unionization.
    Unionization and wage levels in the in-bond export sector varied by 
area and sophistication of the manufacturing process. The National 
Council of the In-Bond Export Manufacturing Industry claims that its 
members employ approximately 1.1 million persons. According to INEGI, 
there are 3,204 active maquiladora plants in the country. Wages have 
been slightly higher and job creation has been greater in this sector 
than in more traditional manufacturing. Compensation packages in the 
maquiladora sector still were lower than in the traditional 
manufacturing sector. There was no evidence that the Government opposed 
unionization of the plants, although the maquiladora sector tends to be 
under state jurisdiction. Protection contracts, to which the workforce 
is not privy, are used in the maquila sector and elsewhere to 
discourage the development of authentic unions. These contracts are 
collective bargaining agreements negotiated and signed by management 
and a representative of a so-called labor organization, sometimes even 
prior to the hiring of a single worker.

    c. Prohibition of Forced or Bonded Labor.--The Constitution 
prohibits forced labor, which includes forced and bonded labor by 
children; however, trafficking in persons, including children, for 
sexual exploitation and forced labor is a problem (see Section 6.f.). 
There also were cases of abuses of refugees and undocumented immigrants 
(see Section 2.d.).

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Constitution prohibits children under 14 years of age 
from working and sets the minimum legal work age at 14 years; however, 
child labor is a problem. Those between the ages of 14 and 16 may work 
only limited hours, with no night or hazardous work, which generally 
makes hiring them uneconomical. Enforcement was reasonably good at 
large and medium-sized companies, especially in maquiladoras and 
industries under federal jurisdiction. Enforcement was inadequate at 
many small companies and in agriculture and construction. It was nearly 
absent in the informal sector, and the Government's efforts to enforce 
the law stalled.
    A 2000 report published by UNICEF and the National Action 
Commission in Favor of Children estimated that approximately 3.5 
million children between the ages of 6 and 18 work regularly. 
Approximately 1.5 million children work in agriculture, particularly in 
the northern states. In 1999 UNICEF and the DIF, estimated that 150,000 
children work in the 100 largest cities.
    Reliable current statistics on child labor in the country do not 
exist. In 1996 the ILO reported that 18 percent of children 12 to 14 
years of age work, often for parents or relatives. Most child labor is 
in the informal sector (including myriad underage street vendors), 
family-owned workshops, or in agriculture and rural areas. Mexico 
City's central market employs approximately 11,000 minors between the 
ages of 7 and 18, who work as cart-pushers, kitchen help, and vendors. 
In 1999 UNICEF and DIF estimated that 135,000 children worked on the 
city streets. The children do not receive a fixed wage, and most work 
long shifts, starting in the early morning hours. The CTM agricultural 
union's success years earlier in obtaining free transport for migrant 
seasonal workers from southern states to fields in the north 
inadvertently led to a significant increase in child labor. The union 
and employers were unable to convince indigenous farm workers to leave 
their families at home, and many settled near work sites in the north. 
The union has had some limited success in negotiating with employers to 
finance education in Spanish and indigenous languages near work sites 
and in obtaining social security child care centers, but it has had 
difficulty in persuading member families not to bring their children 
into the fields. Many urban child workers are migrants from rural 
areas, are illiterate, and have parents who are unemployed.
    The Government's antipoverty program works to keep poor children in 
school as an alternative to work (see Section 5). The Government of the 
Federal District implemented a law adopted in 1999 that increased 
limitations on working hours and conditions for children employed as 
supermarket baggers and automotive attendants.
    The Constitution prohibits forced labor, which includes forced and 
bonded labor by children; however, trafficking in children is a problem 
(see Sections 6.c. and 6.f.).

    e. Acceptable Conditions of Work.--The Constitution and the LFT 
provide for a daily minimum wage. The tripartite National Minimum Wage 
Commission (government, labor, and employers) usually sets minimum wage 
rates each December, effective on January 1, but any of the three 
parties can ask that the wage commission reconvene during the year to 
consider a changed situation. In December 2001, the wage commission 
adopted an average 5.8 percent increase, effective on January 1, based 
in part on the Government's projection of a 4.5 percent annual 
inflation rate.
    In Acapulco, Mexico City and nearby industrial areas, southeast 
Veracruz state's refining and petrochemical zone, and most border 
areas, the minimum daily wage was set at $4.43 (42.15 pesos). In 
Guadalajara, Monterrey, and other advanced industrialized areas, the 
minimum daily wage was $4.22 (40.10 pesos). In other areas, it was 
$4.03 (38.30 pesos). There are higher minimums for some occupations, 
such as the building trades.
    The minimum wage does not provide a decent standard of living for a 
worker and family. Few workers (approximately 16 percent) earn only the 
minimum wage; most workers earn multiples of the minimum wage, and 
industrial workers average three to four times the minimum wage, 
earning more at larger, more advanced, and prosperous enterprises.
    The law and contract arrangements provide workers with extensive 
additional benefits. Legally required benefits include free social 
security medical treatment, pensions, individual worker housing and 
retirement accounts, Christmas bonuses, paid vacations, and profit 
sharing. Employer costs for these benefits add from approximately 27 
percent of base salaries at marginal enterprises to over 100 percent at 
major firms with good union contracts. In addition, employers 
frequently subsidize the cost of meals, transportation, and day care 
for children, and pay bonuses for punctuality and productivity.
    The LFT sets six 8-hour days as the legal workweek, but with pay 
for 56 hours. For most industrial workers, especially under union 
contract, the true workweek is 42 hours, although they are paid for 7 
full 8-hour days. This is one reason why unions vigorously defend the 
legal ban on hourly wages. Workers asked to exceed 3 hours of overtime 
per day or required to work overtime on 3 consecutive days must be paid 
triple the normal wage.
    There are 11 special labor arbitration and conciliation boards (in 
Queretaro, Pachuca, Ciudad del Carmen, Zacatecas, Orizaba, Ciudad 
Juarez, Cancun, Colima, La Paz, Reynosa, and Tijuana) and 4 more state 
offices of the STPS to make it more convenient for workers to file 
complaints and bring other actions before the labor court system.
    The law requires employers to observe occupational safety and 
health regulations, issued jointly by the STPS and the Social Security 
Institute (IMSS), and to pay contributions that vary according to their 
workplace safety and health experience ratings. LFT-mandated joint 
management and labor committees set standards and are responsible for 
workplace enforcement in plants and offices. These committees meet at 
least monthly to consider workplace needs and file copies of their 
minutes with federal labor inspectors. Federal and state authorities 
exchange information.
    STPS and IMSS officials continued to report that compliance is 
reasonably good at most large companies. However, because smaller firms 
are far more numerous and so much more difficult to monitor, these 
officials were unable to draw any general conclusions about their 
compliance. There were not enough federal inspectors to enforce 
effectively health and safety standards at smaller firms. There are 
special problems in construction, where unskilled, untrained, poorly 
educated, transient labor is common, especially at many small sites and 
companies. Many unions, particularly in construction, are not organized 
effectively to provide training, to encourage members to work safely 
and healthily, to participate in the joint committees, or to insist on 
their rights.
    To protect the rights of workers, the Secretariat of Labor made 
9,593 safety and hygiene inspections in private factories and public 
institutions through August and estimated that it would complete 13,790 
by the end of the year. However, while the Government increased the 
number of federal inspectors in 1997 and concluded agreements with more 
states to expand and better coordinate labor inspections, the 3,204 
maquila plants far exceed the 253 federal inspectors.
    In July and October, a bilateral working group of government 
experts on occupational safety and health issues held its first two 
meetings. This group will discuss and review issues raised in the 
public communications, formulate technical recommendations for 
consideration by governments, develop and evaluate technical 
cooperation projects occupational safety and health for improving 
occupational safety and health in the workplace, and identify other 
occupational safety and health issues appropriate for bilateral 
cooperation.
    Many agricultural workers are internal migrants, who often travel 
with their families, including young children. They often are paid by 
volume of the work they produce, rather than by the day. Working 
conditions vary by area of the country and from one locality to 
another. In the past, allegations were made that workers, including 
young children accompanying them, have been exposed to pesticides and 
other chemicals.
    Individual employees or unions also may complain directly to 
inspectors or safety and health officials. Workers may remove 
themselves from hazardous situations without jeopardizing their 
employment. Plaintiffs may bring complaints before the federal labor 
board at no cost to themselves.

    f. Trafficking in Persons.--The law prohibits trafficking in 
persons. Trafficking is a serious problem, and there were credible 
reports that police, immigration, and customs officials were involved 
in the trafficking of such persons (see Section 2.d.).
    Mexico is a source country for trafficked persons to the United 
States, and to a lesser extent Canada, and a transit country for 
persons from various countries, especially Central America and to a 
much smaller extent Brazil and Eastern Europe. It is a destination 
country for children trafficked from Central America, especially from 
Honduras to Tapachula, Chiapas. Salvadorans, Hondurans, and 
Guatemalans, especially children, are trafficked into the country for 
prostitution, particularly on the southern border. Internal 
trafficking, including of children for sexual exploitation, also is a 
problem.
    In 2001 DIF and UNICEF reported that an estimated 16,000 children 
were victims of sexual exploitation, including prostitution. Most were 
Mexican, although there were significant numbers from Central America--
principally Guatemala, Honduras, and El Salvador. In many cases, those 
who brought them in the country promised them employment in legitimate 
occupations. Thereafter they were sold to the owners of bars and other 
establishments and then forced into prostitution to ``pay off their 
debts.'' This debt peonage often never ends because the children accrue 
more debt for their meals and housing. The owners sold or traded the 
children among themselves. Other children were transported to Mexico 
City for ``training'' and then were sent to centers of tourism. Some 
children are trafficked to the U.S. and Canada. In an ongoing study, 
DIF and UNICEF reported that the largest concentration of exploited 
children were found in Acapulco, Guerrero; Tijuana, Baja California; 
Ciudad Juarez, Chihuahua; Cancun, Quintana Roo; Guadalajara, Jalisco; 
and Tapachula, Chiapas.
    There are no specific laws that prohibit the trafficking of 
persons, although immigration laws, the federal organized crime law, 
and federal and state penal codes contain provisions that may be used 
to prosecute traffickers of undocumented migrants, women, and children. 
Laws pertaining to trafficking in persons are Article 138 of the 
Immigration Law, and the Federal Organized Crime Law of the Federal 
Penal Code. There also are laws prohibiting the sexual abuse or 
exploitation of children and forced labor by children (see Sections 5 
and 6.c.). The PRG and the INM are the agencies responsible for 
enforcing antitrafficking laws; however, there is no special program to 
combat trafficking. In 2000 the PRG established the Special 
Prosecutor's Office for Attention to Crimes of Trafficking in Children 
(see Section 5). The Government prosecutes cases against traffickers, 
but no statistics were available.
    The Government has a Plan of Action to Prevent, Attend, and 
Eradicate the Commercial Sexual Exploitation of Minors. The program is 
administered through the DIF and is supported by numerous executive and 
legislative branch entities. The Chihuahua state Attorney General's 
Office runs a series of self-awareness programs to educate women about 
the many dangers confronting them in Ciudad Juarez. There also have 
been campaigns to prevent illegal migration and migrant smuggling.
    The Government has strengthened significantly its cooperation with 
other countries. In 2000 the Honduran government stated that it was 
working to repatriate from Mexico approximately 400 Honduran girls, 
between the ages of 10 and 16 years, who after unsuccessfully having 
tried to enter the U.S. illegally were forced into prostitution in 
Mexico.
    The Government supports general prevention campaigns for children 
and women, and administers assistance programs for children repatriated 
to Mexico. The legal framework exists to protect the victims of 
trafficking and provide social services to these victims. However, in 
practice persons illegally in the country usually are deported.
    Numerous NGOs work on related issues such as migrant trafficking, 
child prostitution, sexual exploitation, and women's rights (see 
Sections 2.d. and 5).
                               __________

                               NICARAGUA

    Nicaragua is a constitutional democracy, with a directly elected 
president, vice president, and unicameral legislature. In November 
2001, voters elected Enrique Bolanos Geyer of the Liberal 
Constitutionalist Party (PLC) as President in a generally free and fair 
election. The Supreme Electoral Council (CSE) is an independent fourth 
branch of government; however it was subject to political influence. 
The Constitution provides for an independent judiciary; however, the 
judiciary was susceptible to political and financial influence.
    The President is the supreme chief of the national defense and 
security forces. Former President Aleman established the first civilian 
defense ministry upon his inauguration in 1997; however, the Minister 
of Defense has limited authority over the military under the 
Constitution. The Ministry of government oversees the National Police, 
which is charged formally with internal security; however, the police 
share this responsibility with the army in rural areas. The National 
Police continued to reduce the role of voluntary police (private 
citizens contracted by the National Police to help fill staffing gaps) 
in law enforcement. Use of voluntary police was discontinued in 
Managua; however, it continued in rural areas. The civilian authorities 
generally maintained effective control of the security forces. Some 
members of the security forces committed human rights abuses.
    The market-based economy is predominantly agricultural; coffee, 
seafood, sugar, beef, light manufacturing, and tourism are key sectors. 
The country's population is approximately 5.3 million. A worldwide drop 
in coffee prices, the lack of an adequate legal framework to give 
confidence to domestic and foreign investors, a fragile banking system, 
large external debt, inflation, and unresolved property disputes and 
unclear land titles stemming from massive confiscations by the 
Sandinista government in the 1980s limited economic growth. The economy 
grew by 3 percent in real terms in 2001; however, the growth rate was 
expected to decline to approximately 1 percent during the year. The 
annual rate of consumer price inflation was expected to be 4 percent 
during the year, marking the fourth consecutive year of single-digit 
increases. While the official projection of unemployment was 11 
percent, unofficial estimates of combined unemployment and 
underemployment remained as high as 40 to 50 percent. The economy 
remained heavily dependent on foreign aid and remittances from abroad.
    The Government generally respected the human rights of its 
citizens; however, serious problems remain in some areas. At year's 
end, there were ongoing investigations of those members of the security 
forces who were accused of having committed unlawful killings. Police 
continued to beat and otherwise abuse detainees. Some detainees 
credibly alleged that they were tortured. Prison and police holding 
cell conditions remained harsh, and overcrowding increased. Security 
forces arbitrarily arrested and detained citizens; however, the number 
of such reports decreased during the year. The Government effectively 
punished some of those who committed abuses; however, a degree of 
impunity persisted. Lengthy pretrial detention and long delays in 
trials increased significantly. The 2001 Criminal Procedures Code took 
effect at year's end. The judiciary is subject at times to political 
influence and corruption. The Supreme Court ended its 5-year structural 
reform program of the judicial system with mixed success. The weakness 
of the judiciary continued to hamper prosecution of human rights 
abusers in some cases. The Human Rights Ombudsman made publicized 
recommendations during the year that openly challenged the actions of 
the security forces. Violence against women, including domestic abuse 
and rape, remained a concern. Discrimination against women was endemic. 
Violence against children and child prostitution continued. 
Discrimination against indigenous people also occurred. Child labor 
continued to exist. Concern over violation of labor rights in free 
trade zones continued. There were several documented reports of 
trafficking in women and girls for the purpose of sexual exploitation. 
Nicaragua 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 civil war formally concluded in June 1990 with the 
demobilization of the Nicaraguan Resistance (RN, or ``contras''). 
However, the rule of law and basic infrastructure do not extend to all 
rural areas. Despite the Government's disarmament campaigns, many 
citizens, especially in rural areas, are heavily armed.
                        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 government officials; however, the 
police received 20 allegations of unlawful killings by police; each of 
these was referred by the Inspector General of the police to the 
courts. All of the cases were pending before the courts at year's end.
    The Inspector General's Office of the National Police received 20 
reports of police killing of alleged criminals and 103 reports of 
instances in which police seriously wounded criminal suspects while 
attempting to arrest them. The Inspector General remands to the court 
system for review all cases in which police use deadly force; however, 
the courts often take considerable time to process these cases and many 
of the cases never reach a final resolution in the court system (see 
Section 1.e.). The police do not make a final decision on cases sent to 
the courts until the courts respond with a verdict. While the police 
await the decisions from the courts, the Inspector General's Office 
normally applies a mild punishment, such as suspension or confinement 
to precinct. Of the 139 cases the Inspector General remanded to the 
courts during the year, 1 case had been completely adjudicated by the 
courts by year's end. In January police Captain Arnulfo Rocha Mora shot 
and killed 31-year-old Santos Jose Polanco in Teustepe. A judge in 
Boaco indicted Captain Rocha for excessive force. Rocha claimed that he 
shot Polanco in self-defense and he was appealing the indictment at 
year's end. The police relocated Captain Rocha and allowed him to 
continue his duties while the appeal was underway. On August 11, police 
officer Carlos Martinez Castillo shot and killed 37-year-old Jose 
Sabino Martinez Mendoza, a suspected trafficker in aliens or narcotics, 
in Villa Venezuela, a suburb of Managua, after he failed to stop at a 
police checkpoint. When Mendoza fled on foot after abandoning his 
truck, the police fired warning shots. When Mendoza did not heed the 
warning, Castillo shot him in the head. Police accused five men 
traveling with Mendoza of being illegal immigrants. Although the courts 
acquitted four of the men, the authorities deported all five. In August 
a court acquitted officer Castillo of first degree murder and 
manslaughter.
    By February, a joint police-military operation effectively had 
neutralized remnants of the pro-Sandinista ``Andres Castro United 
Front'' (FUAC) when it killed nearly 60 alleged FUAC members who had 
engaged in murder, kidnaping for ransom, and armed robbery in the north 
and north-central regions of the country since their disarmament in 
1999. The Nicaraguan Center for Human Rights (CENIDH), a leading human 
rights group, alleged that the army committed at least six human rights 
violations during the operation. Press reports indicated that the 
security forces beheaded some of the FUAC fighters. The army insisted 
that it had used necessary force to ensure domestic security during a 
legitimate operation. The army claimed that it had looked into these 
charges; however, it did not launch a formal investigation.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law makes the use of torture a punishable crime; 
however, police continued to beat and otherwise abuse detainees. There 
were numerous credible reports that police beat or physically 
mistreated detainees, often to obtain confessions. CENIDH received 422 
complaints of torture or degrading treatment by the authorities during 
the year and verified 201 of these. The Inspector General's Office 
recorded 620 complaints of mistreatment by police, including those 
submitted by CENIDH, and found 191 to have merit. The Inspector General 
punished 351 officers in these cases. Among the complaints were 103 
instances in which police seriously wounded criminal suspects while 
attempting to arrest them. By year's end, the police had dishonorably 
discharged 7 officers and referred 139 officers to the courts.
    The National Police reduced the law enforcement role of voluntary 
police, private citizens used on a volunteer basis to help fill 
staffing gaps in several precincts. The National Police provide them 
with a uniform, and in some cases, with a gun, at the discretion of the 
police chief. Voluntary police do not receive a salary or professional 
training. The police can apply no administrative sanctions to the 
volunteers, other than to terminate their status. In 2000 former Chief 
of Police Franco Montealegre terminated the use of voluntary police in 
Managua; however, as of September, there were 1,681 voluntary police 
outside of Managua, a 22 percent decrease from the 2,170 in 2001. 
Several were implicated in human rights abuses during the year.
    The Inspector General's Office investigated allegations of abuse by 
the regular police and sanctioned the offenders in many cases; however, 
a degree of impunity persisted. Inadequate budget support for the 
National Police hampered efforts to improve police performance and 
resulted in a continuing shortage of officers. However, international 
assistance programs provided the police with extensive training during 
the year.
    The Inspector General's Office reported that it received a total of 
399 complaints of human rights violations by police officers during the 
year, including complaints forwarded by the Office of Civil Inspection 
for Professional Responsibility, and found 85 to have merit. The 
Inspector General's Office punished a total of 131 officers for 
violations of human rights. Of those punished, the police discharged 1 
officer dishonorably, remanded 50 to the courts, and gave the rest 
lesser punishments, including demotion, suspension, and loss of pay.
    On February 23, a group of nearly 30 police, led by Captain Maribel 
Ruiz Lovo, wounded 15 people as they attempted to evict 13 families who 
were allegedly squatting on disputed land on the island of Ometepe. 
Civil District Judge Gloria Maria Arauz and Municipal Judge Hazel 
Sandino ordered the eviction. Police Subcommissioner Fidel Dominguez 
Alvarez authorized the eviction action. The police encountered violent 
resistance from the evictees and responded forcefully to them, up to 
and including firing their weapons. The evictees were reportedly 
unarmed, except for crude weapons such as rocks and sticks. The Supreme 
Court (CSJ) launched an immediate investigation of Judges Arauz and 
Sandino's roles in the case, and, less than a month later, both were 
dismissed from their judicial posts. The Police Inspector General 
immediately formed a special commission to investigate the police 
personnel involved and suspended Subcommissioner Alvarez during the 
investigation. In May a court convicted eight police officers involved 
in the raid, including Subcommissioner Alvarez and Captain Ruiz Lovo, 
and sentenced them to various terms in prison. The officers' appeals of 
their convictions were pending at year's end.
    On March 16, Rivas police officers Justo Alcocer Fajardo and Jorge 
Ferrey allegedly beat 19-year-old Nestor Guadamuz Marenco, who 
eventually died of his injuries. A Rivas court detained the officers 
for 5 months during the ensuing investigation and trial. The trial 
ended in an acquittal, and both officers continued to serve on the 
police force at year's end.
    On April 19, a female detainee accused a guard, William Jesus 
Hernandez Mendez, of rape. An investigation by the Internal Affairs 
Office verified the allegations against Mendez based on forensic 
evidence. A court acquitted Mendez; however, the police gave him a 
dishonorable discharge for violating prison regulations prohibiting 
sexual relations between prisoners and guards.
    On July 15, a female prisoner in the Chinandega prison accused two 
guards, Felix Bertilio Moreno and Mariano Romero, of rape. The 
authorities detained them on July 16. An independent forensic scientist 
found no signs of violence and believed the incident to be consensual. 
The victim dropped the charges and the officers were released. However, 
the officers were stripped of their rank.
    During the year, the police did not launch an investigation into 
the January 2001 police beating of Pedro Antonio Castro Baltodano in 
Managua. They maintained that no police personnel were involved in 
spite of allegations to the contrary by the Nicaraguan Association for 
Human Rights (ANPDH). It does not appear that any formal investigation 
will be initiated.
    The trial of police officer Bismark Laguna for the June 2001 
shooting of gang members Juan Carlos Mendoza and Lenin Calderon Mendoza 
in San Isidro, Matagalpa remained stalled and unresolved at year's end. 
Laguna was allowed to remain free pending the trial's conclusion. The 
presiding judge, Carla Emilia Lopez, said that the case was bogged down 
by a lack of interest on the part of the involved parties. There 
appeared little chance that a judgment would ever be made in the trial.
    Various NGOs provided the police and the army with human rights 
training (see Section 4).
    Prison conditions remained harsh. The number of prisoners who spent 
6 months or more incarcerated without a trial increased significantly 
(see Section 1.d.). According to government statistics, the prisons, 
with an official capacity of 5,132, had a total inmate population of 
5,624 in December, compared with 5,060 in November 2001 and 4,903 in 
September 2000. Detainees were held separately from convicted prisoners 
(see Section 1.e.).
    Prison guards received human rights training from NGOs and the 
Catholic Church and generally treated prisoners well, although there 
were some reports of abuses. There were no reports of riots or other 
violence during the year.
    The prison system remained underfunded and medical attention ranged 
from inadequate to nonexistent. Medical care available to prisoners 
fell far short of basic needs. For example, for all 8 penitentiaries 
and 5,624 prisoners, prison authorities maintained a staff of 24 
specialists, including doctors, psychologists, teachers, and social 
workers. Prison authorities also reported that 49 percent of prisoners 
were without beds; these prisoners slept on concrete beds or floors. 
Several churches, national and international NGOs donated foodstuffs, 
beds, and medicine to the prison system to help alleviate shortfalls. 
Prison officials calculated that the daily expenditure per prisoner for 
food was about $0.50 (6 cordobas) and reported that the annual budget 
for food remained constant. There was some improvement in prison food, 
but malnutrition remained a problem in local jails and police holding 
cells. Many prisoners also received additional food from visiting 
family and friends. Some prisons and many police holding cells were 
dark, poorly ventilated, and unhygienic. Conditions in jails and 
holding cells remained harsh. Police station holding cells were 
severely overcrowded. Suspects regularly were left in these cells 
during their trials, since budgetary shortfalls often restricted the 
use of fuel for frequent transfers to distant courtrooms. At the 
Bluefields jail, there were only 2 showers and 4 toilets for more than 
105 prisoners. The authorities occasionally released detainees when 
they no longer could feed them. Only Managua has a separate prison for 
women; outside the Managua area, women were housed in separate wings in 
prison facilities and were guarded by female custodians. As of 
December, females made up 3.8 percent of the prison population. The 
Public Defender's office assigned two full-time employees to work with 
the women's prison system to help ensure its proper functioning in 
areas such as timely release of inmates granted parole. As of December, 
1 percent of the prison population was between the ages of 15 and 18, 
less than a quarter of what it was in 1999. All youths were housed in 
separate prison cells from adults; the youths were on a different 
schedule for mealtime and recreational activities.
    In August Casa Alianza and the Human Rights Ombudsman's Office 
published a survey of 85 underaged detainees throughout the penal 
system. According to the survey, the police did not inform over 21 
percent of the respondents why they were being detained at the time of 
their arrest, the police mistreated 47 percent, and 48 percent said 
that they were detained 3 days or more before seeing a judge. Fully 
half said they were not aware of being assigned a defense attorney, and 
24 percent said they were incarcerated with adults. The Director of 
Prison Systems maintained that children were held in separate cells and 
that their rights generally were respected.
    In September Casa Alianza and the Center for Justice and 
International Law presented a complaint to the Inter-American Human 
Rights Commission regarding the 1999 suicide of 16-year-old Wilmer 
Gonzalez Rojas inside the adult jail in Tipitapa. The IACHR had not 
decided whether to accept the case by year's end.
    The Government permitted prison visits by independent human rights 
observers.

    d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and 
detention by the police remained a problem. The Police Functions Law 
requires police to obtain a warrant prior to detaining a suspect and to 
notify family members of the detainee's whereabouts within 24 hours. 
Compliance with this law increased significantly since 1999, largely 
due to pressure from the Police Internal Affairs office and support for 
compliance from the Chief of Police. Detainees do not have the right to 
an attorney until they have been charged formally with a crime. Local 
human rights groups were critical of the law for providing inadequate 
judicial oversight of police arrests.
    Police may hold a suspect legally for 48 hours before they must 
bring the person before a judge to decide if charges should be brought. 
The judge then either must order the accused released or transferred to 
jail. Although cumbersome, this law was observed more closely than in 
the past, and few prisoners were held illegally beyond the 48-hour 
deadline (see Section 1.c.). The number of prisoners who spent 6 months 
or more incarcerated without a trial increased significantly. In 2000, 
the Criminal Chamber of the CSJ ordered all local magistrates to give 
priority to those cases involving pretrial prisoners with 6 months or 
more of incarceration. However, according to government statistics, 10 
percent of 5,624 prisoners had been in jail for 6 months or longer 
without a trial, up from 2 percent in 2001 and 4 percent in 2000. 
Statistics from the Department of Prisons indicated that 26 percent of 
all prisoners being held were awaiting final verdicts. Exile is not 
practiced. There were no reports of political violence against any 
citizens returning from civil war era self-imposed exile.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary was susceptible to 
corruption and political influence. The judiciary was hampered by 
arcane legal codes, prosecutors who played a passive role, an 
underfunded and understaffed Public Defender's Office, judges and 
lawyers who often lacked sufficient training or education, and 
corruption. Many judges did not have previous experience as lawyers. 
Judges' political sympathies, acceptance of bribes, or influence from 
political leaders reportedly often influenced judicial actions and 
findings.
    The judicial system comprises both civil and military courts. The 
16-member Supreme Court is the system's highest court, and in addition 
to administering the judicial system, is responsible for nominating all 
appellate and lower court judges. The Court is divided into specialized 
chambers on administrative, criminal, constitutional, and civil 
matters. Under the Law of the Child and Family, which took effect in 
1998, the Attorney General's Office rather than the police investigate 
crimes committed by and against juveniles. The 1994 military code 
requires the civilian court system to try members of the military 
charged with common crimes. A 5-year administration of justice reform 
program, begun in 1997, achieved a number of its objectives, including 
a Judicial Organic Law and a new Criminal Procedures Code; however, the 
revision of the country's outdated Penal Code remained bottled up in 
the National Assembly. The 1999 Judicial Organic Law contained a 
provision that established minimum professional standards for judicial 
appointees. However, a Judicial Career law to establish a more 
professional and independent judiciary remained in the National 
Assembly for consideration and action at year's end. In December, the 
2001 Criminal Procedures Code entered into effect. It will alter 
significantly the way that trials are held. Instead of the Napoleonic 
trial system that emphasizes the role of magistrates and written 
evidence, the new system will be an adversarial-style system that 
allows oral arguments from both the defense and the prosecution. The 
Assembly began the process to approve a new Penal Code in 2000; 
however, an extended political dispute between the administration and 
the Assembly delayed the legislation. Nonetheless, in June the Penal 
Code was modified to include certain economic crimes, including illegal 
enrichment. In 1999 the National Assembly approved a reform of the 
Public Ministry that streamlined the judicial process by separating the 
defense and the prosecutorial functions. Specifically, the reform 
transferred powers from the Attorney General's Office (Procuraduria) to 
a newly created Prosecutor General's Office (Fiscalia), which is 
charged with prosecuting criminal cases. In November 2001, the National 
Assembly elected Julio Centeno Gomez to the new position of Fiscal 
General. The Procuraduria continued to have the responsibility to 
defend the Government against legal action taken by private or other 
public actors. In addition, the Procuraduria was empowered to prosecute 
criminally persons when the state has been aggrieved; for example, the 
misappropriation of government funds by public officials. In 2000 the 
Government opened new property tribunals to handle cases concerning 
seized properties. In November, the CSJ consolidated these tribunals 
into a single tribunal due to budgetary concerns (see Section 1.f.). 
The civil and criminal courts continued to expedite the judicial 
process for those in prison without a prior court hearing; however, the 
number of suspects in prison awaiting trial increased. Human rights and 
lawyers' groups in general continued to complain about the delay of 
justice, sometimes for years, caused by judicial inaction.
    Judges appeared susceptible to corruption and political influence. 
The shelving of politically charged cases or rulings in favor of the 
politically connected party remained the most common manifestations of 
judicial corruption. The Supreme Court's campaign to reduce 
incompetence and corruption in the judiciary slowed during the year. 
Since the campaign began in 1997, the CSJ has removed a total of 105 
judges--more than one-third of the 300 judges in the system; however, 
only one judge was removed during the year.
    In criminal cases, the accused has the right to legal counsel, and 
defendants are presumed innocent until proven guilty. The Judicial 
Organic Law provided for the establishment of a Public Defender's 
Office to represent indigent defendants. The office in Managua 
maintained a staff of 13 appointed public defenders throughout the 
year; however, more were needed. The court requested funding for 26 
additional public defenders to be located outside of Managua, but only 
one of these requests was approved for Ciudad Dario. Elsewhere in the 
country where public defenders were not available, the system in effect 
before the passage of the Judicial Organic law continued in use. Under 
that system, the presiding judge appointed attorneys from a standard 
list to represent indigent defendants; however, many attorneys paid a 
fine of about $7.00 (100 cordobas) rather than represent such clients 
because the State did not pay for attorneys for the indigent.
    According to press accounts, the number of indigent defendants who 
went to trial without an attorney to represent them decreased, despite 
difficulties in fully implementing the provisions of the Judicial 
Organic law. However, high-ranking officials in the Public Defender's 
Office complained that they continued to find judges willing to 
sentence defendants without the presence of a public defender. Until 
the end of the year, the country used the Napoleonic legal system. 
Police had to present a detained suspect before a judge within 48 
hours, who had to hold a preliminary hearing within 10 days. These 
constitutionally mandated deadlines were usually observed. If a judge 
ruled the suspect was provisionally guilty at the preliminary hearing, 
the suspect was sent to trial. While awaiting and undergoing trial, 
suspects were often held in custody. The trial consisted of hearings 
held by the judge to investigate the matter further, followed by a 
review of the written record of the hearings by a 5-member jury, which 
would issue a final decision. Very simple cases or those with high 
profile or outside interest could be resolved quickly, but others 
languished for months. Although the legal limit for resolution is 6 
months, 560 suspects were held without trial for longer periods, 
according to the CSJ. On December 24, an entirely different system of 
prosecuting criminal cases entered into effect. The new penal process 
is more adversarial and transparent and relies more on the initiative 
of prosecutors and less on the initiative of judges and magistrates to 
file charges. It prescribes an arraignment at which a judge decides 
whether to send the case to trial or dismiss it. Once the case reaches 
trial, the judge takes a neutral presiding role, and both sides present 
oral arguments to a jury. The new system will be applied initially to 
the most serious offenses. By December 2003, the new system will apply 
to all criminal cases. The new system offers greater transparency by 
allowing the accused greater access to the process. However, its 
implementation could cause more trial delays as the judicial system 
adjusts to a radically different process, including potentially serious 
staffing shortfalls for prosecutors and public defenders, since they, 
rather than judges, take the lead in conducting trials under the new 
system. The country still lacks an effective civil law system. Many 
criminal cases are really civil disputes. Often the effect of a 
criminal proceeding in these matters is to force one party to concede 
to the party with more influence over the judge rather than face the 
prospect of detention in jail. In addition, this civil-based criminal 
caseload diverts resources from an overburdened Public Prosecutor's 
Office that otherwise could be directed toward genuine criminal 
matters. There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for protection against these 
abuses, and the Government generally respected these provisions in 
practice. The Constitution stipulates that all persons have the right 
to privacy of their family and to the inviolability of their home, 
correspondence, and communications; requires warrants for searches of 
private homes; and excludes from legal proceedings illegally seized 
letters, documents, and private papers. The 1979-91 Sandinista regime 
expropriated nearly 20,000 properties from Somoza regime officials and 
thousands of others, including those who remained out of the country 
for more than 6 months. These property confiscations are considered 
legal, as are subsequent transfers of the property to third parties, as 
long as the confiscations were conducted according to the law in effect 
at the time of confiscation. The law provides claimants to confiscated 
property two methods of resolution. An administrative claim process 
allows compensation with long-term low-interest government bonds or, in 
a few cases, return of the property or land swaps. Bond compensation 
generally is unattractive to claimants, since it is based on the 
property's taxable value rather than market value, and makes no 
provision for lost profits or interest due since the date of 
confiscation. Furthermore, compensation is paid in 15-year bonds with 
below-market interest rates. As of mid-year, newly issued bonds of this 
type sold at 37 percent of face value. Press reports indicated that at 
the end of June, a total of 7,488 persons had resolved their property 
cases. In 2000 the Government established five Property Appeals 
Tribunals that have procedures including mediation, binding 
arbitration, and expedited trials. As of August, the tribunals reported 
that 338 cases had been filed. Of these, 184 had passed through the 
mediation process, 62 (18 percent) of which were settled through 
mediated agreements. When mediation was not successful, the cases were 
moved on to arbitration or were returned to district courts for 
expedited trials. As of July, 44 cases had gone to arbitration; 
however, none had completed that stage. In November, the CSJ 
consolidated all 5 tribunals into a single tribunal due to budgetary 
concerns. The tribunals receive property cases passed to them by the 
regular courts and, upon conclusion of mediation or arbitration, return 
the final decision to the appropriate regular court, which issues a 
court order containing the terms of the final mediation or arbitration 
results. Most confiscated property claimants using the judicial system 
do not elect arbitration because the arbitrators are costly. Therefore, 
most cases not successfully mediated return to district courts for 
trial. The tribunals appear to be biased in favor of the current 
occupants of confiscated properties, even when they did not obtain the 
properties in accordance with Sandinista laws. These tribunals, like 
the judicial system as a whole, appeared to be subject to political and 
personal manipulation.
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, several constitutional 
provisions potentially qualify freedom of the press. The 1987 
Constitution stipulates that citizens have the right to accurate 
information, thereby providing an exception by which the freedom to 
publish information that the Government deems inaccurate could be 
abridged. Although the right to information cannot be subject to 
censorship, the law establishes a retroactive liability, defined as a 
social responsibility, implying the potential for sanctions against the 
press. Although the legislature did not modify these provisions in the 
1995 constitutional reforms, the Government did not invoke these 
provisions to suppress the media. In March 2001, the National Assembly 
unanimously approved a law proposing a professional journalists' guild. 
The journalistic community was divided sharply over whether such a law 
would improve the quality of journalism or merely restrict freedom of 
speech and of the press. The vagueness of language concerning the 
Government's role in establishing and regulating journalists' salaries, 
and its possible role in governing a professional journalists' 
association--and thereby journalism itself in the country--remained a 
concern to many observers. The law was to take effect with stipulations 
that formation of the guild occur within 3 months. However, the 
commission that would structure the journalists' guild had not been 
established by year's end due to conflicts between rival journalist 
associations whose members were to be grandfathered into the guild. 
Consequently, the law had no practical consequence during the year.
    The privately owned print media, the broadcast media, and academic 
circles freely and openly discussed diverse viewpoints in public 
discourse without government interference. News media covered a series 
of scandals and allegations of government corruption very openly and 
without restriction. However, in October the Government closed down 
radio station ``La Poderosa,'' run by supporters of former President 
Aleman, when it determined that the license held by Coprosa, a Catholic 
Church-affiliated NGO, was invalid because Coprosa had not completed 
all of the requirements to register legally as an NGO with the Ministry 
of government. Other media and some political leaders sharply 
criticized the closing of La Poderosa while at the same time stressing 
the need for all media to follow ethical standards and engage in better 
self-regulation. La Poderosa had broadcast language that sometimes 
incited attacks on the personal security of President Bolanos and other 
public officials. The Bolanos administration attempted to standardize 
the way that governmental advertising funds were allocated to the 
various media outlets by implementing a system based on market share. 
This forced some smaller media outlets to close because the media were 
largely dependent upon government funding, and there was not enough 
private advertising to support them.
    There was one instance of possible media intimidation during the 
year. In July the police detained Luis Felipe Palacios, a reporter for 
La Prensa, the country's largest newspaper, to question him regarding a 
story that alleged that Major General Roberto Calderon, Inspector 
General of the Army, was involved in trafficking arms and drugs. 
Accompanied by other La Prensa staff, a police escort took Palacios to 
the criminal investigation headquarters of the national police. There, 
investigator Dennis Tinoco allegedly threatened to arrest photographer 
Manuel Esquivel, who had accompanied the La Prensa group, for taking 
his picture, and refused to relent until the film was removed from the 
camera and exposed. Palacios was then interviewed briefly and released. 
Tinoco maintained that he had ordered the police interview to pursue 
any legitimate leads into criminal acts alleged by the story. The 
police subsequently closed the case and publicly apologized for the 
incident after intense criticism from a wide range of media outlets and 
civil society groups, who viewed the incident as a clear intention to 
intimidate Palacios into not reporting on a sensitive case involving a 
senior military officer.
    In October Tirso Moreno was arrested and charged with kidnaping and 
endangerment after he broke into the offices of the newspaper La 
Prensa, fired shots in the air, and held a dozen staff hostages for 
several hours. Moreno blamed La Prensa's reporting on corruption during 
the Aleman administration for the death of Aleman's son earlier in the 
day. Moreno was provisionally convicted on these charges, but the 
prosecutor appealed the decision, seeking the more serious charges of 
assault and attempted homicide. By year's end, there was no decision on 
this appeal. The Inter-American Press Association condemned the attack 
on La Prensa.
    The news medium with the largest national audience is radio; 
however, polls show that television is the primary source of news in 
the cities. There are 174 chartered radio stations in the country, 68 
AM stations and 106 FM stations; listeners receive a wide variety of 
political viewpoints, especially on the 67 stations based in Managua. 
There are 12 Managua-based television stations, 7 of which carry news 
programming, some with noticeable partisan political content. In 
addition, there are 70 cable television franchises that offer services 
in most large and medium-sized cities.
    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 
recognizes the right to peaceful assembly without prior permission, and 
the Government generally respected this right in practice. However, the 
Constitution also recognizes the right to public assembly, 
demonstration, and mobilization in conformity with the law, and the law 
requires demonstrators to obtain permission for a rally or march by 
registering its planned size and location with the police. The 
authorities routinely granted such permission; however, many groups 
claimed that the process was too cumbersome and chose not to register. 
The Constitution provides for the right to organize or affiliate with 
political parties, and the Government generally respected this right in 
practice. Opposition and independent associations functioned freely 
without government interference or restriction. Private associations do 
not have legal status to conduct private fund raising or receive public 
financial support until they receive authorization from the National 
Assembly, which confers it routinely.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. The Government's requirements for legal recognition of a 
church are similar to its requirements for other private associations 
(see Section 2.b.). A church must apply for ``Personeria Juridica'' 
(legal standing), which must be approved by the National Assembly. 
Following Assembly approval, a church must register with the Ministry 
of government as an association or a foundation. The Roman Catholic 
Church is not an official state religion; however, it enjoys a close 
relationship with the Government. The Roman Catholic Church is the most 
politically active religious denomination and has significant political 
influence. Catholic Church leaders routinely meet with senior 
government officials. The historical position of the Church is such 
that most religiously affiliated monuments and memorials are related to 
the Catholic Church. At times there have been allegations that 
government officials have provided financial assistance to the Catholic 
Church. However, the predominance of the Catholic Church did not have a 
negative impact on the religious freedom of other religions.
    For a more detailed discussion see the 2002 International Freedom 
Report.

    d. Freedom of Movement within the Country, Foreign Travel, 
Emigration, and Repatriation The Constitution provides for the right to 
travel and reside anywhere in the country and to enter and exit the 
country freely, and the Government generally respected these rights in 
practice. In 1998 the Government abolished a requirement that citizens 
and residents obtain an exit visa to leave the country. The right of 
citizens to return to the country is not established in the 
Constitution, but in practice the Government did not restrict anyone's 
return. The Constitution was amended in January 2000 to affirm that 
citizens cannot be deprived of their citizenship, and that citizenship 
is not lost by acquiring another citizenship. However, the Constitution 
retains certain citizenship requirements for high-level government 
officials, including the provision that they must renounce citizenship 
of other countries at least 4 years prior to their election or 
appointment.
    In December the CSJ determined that the Government's May 2000 
decision to nullify retroactively the citizenship of Jose Antonio 
Alvarado was unconstitutional, and that Alvarado had never lost his 
Nicaraguan citizenship. In June 2001, without waiting for a ruling from 
the CSJ, the CSE had disqualified Alvarado from running as the Vice 
Presidential candidate in the 2001 national election. This decision was 
widely portrayed as a political effort by then-President Aleman to 
block Alvarado's candidacy.
    The Government cooperates with the office of the U.N. High 
Commissioner for Refugees and other humanitarian organizations in 
assisting refugees. The Constitution provides for asylum, and refugees 
cannot be expelled to the country that persecuted them. The issue of 
the provision of first asylum did not arise.
    There were no reports of the forced return of persons to a country 
where they feared persecution.

Section 3. Respect for Political Rights: the Right of Citizens to 
        Change Their Government
    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 elections were held in November 2001.
    The 1995 reforms to the 1987 Constitution established a more equal 
distribution of power and authority among the four coequal branches of 
government. The President heads the Executive Branch and a Cabinet 
appointed by the President, who is both head of state and head of 
government, as well as supreme chief of the defense and security 
forces. The Vice President has no constitutionally mandated duties or 
powers. Both the President and Vice President are elected to 5-year 
terms by direct popular vote, with the possibility of a runoff election 
between the top two candidates if one does not obtain at least 35 
percent of the vote on the first ballot. The Constitution does not 
permit the president to hold consecutive terms in office. A single-
chamber, 92-member National Assembly exercises legislative power. In 
2001 voters elected 90 members, including 20 deputies from nationwide 
lists and 70 from lists presented in each of the 15 departments and the 
2 autonomous regions. Under the constitutional reforms of 2000, the 
outgoing President and the presidential candidate receiving the second 
highest number of votes are each given seats in the National Assembly. 
Members elected concurrently with the President and Vice President in 
2001 are scheduled to complete their 5-year terms on January 9, 2007. 
The Supreme Electoral Council is an independent fourth branch of 
government. However, the CSE has been seriously undermined by internal 
political disputes (see Section 5). The constitutional reforms of 2000 
changed the requirements that a presidential candidate must meet to 
avoid a second-round runoff election; expanded the Supreme Court from 
12 to 16 judges; expanded the CSE from 5 to 7 magistrates; imposed a 
requirement for a two-thirds majority vote in the assembly, rather than 
the previous qualified majority vote, to lift the President's immunity 
from prosecution; and replaced the single comptroller general with a 5-
person collegial body charged with investigating allegations of 
wrongdoing or financial malfeasance by government officials. In 
addition, a political party loses its legal status if it obtains less 
than 4 percent of the vote in a general election. Based on this 
provision, the CSE declared the vast majority of parties ineligible to 
field candidates in the 2001 general elections--only 3 national parties 
competed in the elections, compared with over 20 parties in the 1996 
elections. In November the CSJ overturned the CSE's exclusion of 29 
parties from participation in previous elections as unconstitutional. 
In November 2001, generally free and fair national elections were held 
under the auspices of the CSE. Voters elected Enrique Bolanos Geyer of 
the Liberal Constitutionalist Party as President with 56 percent of the 
vote; Sandinista candidate Daniel Ortega received 42 percent. In the 
simultaneous legislative elections, the ruling PLC alliance won 52 
deputy seats, the FSLN won 37, and the Conservative Party (PC) won 1 
seat. CSE reports indicated that over 90 percent of eligible voters 
were registered; the CSE also announced that more than 92 percent of 
eligible voters cast ballots. The FSLN alleged that irregularities in 
vote counting reduced the number of seats that it received in the 
Assembly, and the PC stated that the two main parties were trying to 
exclude it from the Assembly.
    In March Judge Gertrudis Arias named former President Aleman in a 
corruption case involving the diversion of government funds from a 
state-owned television station, Channel 6, to businesses owned by 
Aleman, his relatives, and his associates. She did not indict him 
because he enjoyed immunity from prosecution as a National Assembly 
Deputy. In August, President Bolanos accused Aleman of diverting over 
$100 million (1 billion, 400 million cordobas) from government coffers 
for personal benefit. Judge Juana Mendez named him in the case that was 
subsequently opened, but could not indict him because of his 
parliamentary immunity. In December, the National Assembly, by a 
majority vote, lifted his immunity. Judge Iliana Perez immediately 
placed him under house arrest for embezzlement and money laundering, 
and he remained under house arrest at the end of the year.
    In September, in what was widely considered a political decision, 
Judge Mendez named President Bolanos, Vice President Rizo, and about 30 
other leaders of the PLC in a campaign finance case. The case involved 
the alleged misuse of government funds and foreign government donations 
in the PLC's municipal election campaign in 2000 and its national 
election campaign in 2001. Requests to lift the immunity of President 
Bolanos, Vice President Rizo, and several National Assembly Deputies 
were pending in the National Assembly at year's end.
    There are no legal impediments to the participation of women, 
indigenous people, and other minorities in government and politics. 
Women served as President and Vice President until January 1997, and a 
woman served as president of the CSE until January 2000. In addition, 3 
of the 16 Supreme Court justices were female until July, when the terms 
of 5 justices, including one woman, ended. On October 25, the 
Magistrates of the Supreme Court of Justice (CSJ) elected Alba Luz 
Ramos as President, the first woman President in the history of the 
Court. Women held ministerial, vice ministerial, and other senior 
positions in government; and voters elected 21 women to the National 
Assembly in November 2001, out of a total of 90 elected members. Women 
hold approximately 70 percent of the judgeships in the country. Two 
members of the National Assembly claim indigenous heritage. To ensure 
participation by indigenous groups, political parties must include on 
their party tickets a certain percentage of candidates from the various 
indigenous populations.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    With some exceptions, human rights groups operated without 
government interference. The largest group to deal with general issues 
of human rights was CENIDH. Many other groups focused on a particular 
area of human rights, such as Casa Alianza which primarily focuses on 
children's issues, and the Women's Network, which addressed domestic 
violence and other women's issues. CENIDH continued to conduct human 
rights workshops at the police training academy, at various police 
headquarters, and with army units throughout the country. Some military 
officers received internationally sponsored human rights training.
    The Organization of American States (OAS) Technical Cooperation 
Mission (TCM) focused on the 13 municipalities affected most adversely 
by the decade-long civil war and worked on conflict resolution, 
reconciliation, improving local government, and extending legal 
infrastructure. The TCM and Catholic Relief Services helped maintain 
more than 200 peace commissions in the northern and central parts of 
the country, intended to give inhabitants of the area a sustainable 
means of dispute resolution, a means of monitoring human rights abuses, 
and a vehicle for expressing their concerns to government authorities. 
Many of the commissions operated in areas that were without any 
governmental presence and served as surrogates for absent police and 
courts. The Government granted legal standing to additional such 
grassroots organizations during the year. Some peace commission members 
initially reported that soldiers, rural police, and local residents 
sometimes misunderstood their efforts at advocacy on behalf of jailed 
criminals, interpreting them as challenges to law enforcement 
officials' authority. However, over the past several years, the 
commissions continued to report increased support from all elements 
they serve, including law enforcement.
    The Human Rights Ombudsman's Office (PPDDH), the autonomous 
government-financed human rights office, struggled with budget 
shortfalls and intraoffice discord. A 1995 law created the PPDDH, with 
the Ombudsman to be elected by the National Assembly; however, it was 
not until 1999 that the National Assembly elected Benjamin Perez, 
formerly the head of the Assembly's Human Rights Commission, as the 
country's first Ombudsman. There also are Special Ombudsmen for 
Children's Issues, Women's Issues, and Indigenous Affairs. The PPDDH 
began to investigate actively human rights violations during 2000, and 
Perez demonstrated his independence from the Aleman administration, 
pursuing cases even if they contradicted government policies. For 
example, the PPHHD weighed in heavily against the CSE's decision 
regarding Jose Antonio Alvarado, which Aleman supported (see Section 
2.d.). The Aleman administration cut the budget of the Ombudsman's 
office by nearly 40 percent. As a result of serious government-wide 
budget constraints, the PPDDH budget has not been restored or increased 
under the Bolanos administration, and the reduced operating budget has 
limited the effectiveness of the office and its ability to establish 
regional offices throughout the country. In July a public dispute 
between Perez and two of his Special Ombudsmen who wanted to have a 
greater hand in the direction of the office further undermined the 
PPDDH. After more than a month of rancorous charges and counter-
charges, the three came to what they said was an amicable resolution of 
the dispute.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution prohibits discrimination on the basis of birth, 
nationality, political belief, race, gender, language, opinion, 
national origin, economic condition, or social condition; however, in 
practice the Government made little or no effort to combat 
discrimination. Few, if any, discrimination suits or formal complaints 
were filed with government officials.

    Women.--The most prevalent violations of women's rights involved 
domestic and sexual violence, which were widespread and underreported. 
The National Police reported that of 41,487 reports filed by women 
between January and December, including reports filed at the Women's 
Commissariats through November, more than 19,788 concerned physical or 
sexual abuse, a 47 percent increase in the number of reported cases 
from 2001. The 1996 Law against Aggression against Women reformed the 
Criminal Code to criminalize domestic violence and to provide up to 6 
years' imprisonment for those found guilty of such violence. The law 
also provided for the issuance of restraining orders in cases in which 
women fear for their safety. The National Police, as well as local 
human rights groups, confirmed that while police sometimes intervened 
to prevent domestic violence, they rarely prosecuted perpetrators 
because victims often refused to press charges. Those cases that 
actually reached the courts usually resulted in not guilty verdicts due 
to judicial inexperience with, and lack of legal training related to, 
proper judicial handling of such violence. In October the National 
Police Women's Commissariats as well as a number of human rights 
advocates expressed reservations about the potentially negative impact 
of the adversarial nature of hearing cases under the new Criminal 
Procedures Code. Advocates expressed concern that victims of domestic 
violence could be less likely to bring charges under the new process 
since the victims, under the new system, have to face their abusers 
directly and have no assurance the abusers will be jailed. Under the 
old system, those accused of domestic violence were usually jailed 
while the judge investigated the case and made a preliminary ruling, a 
period of up to 10 days. This ``cooling-off'' period was seen as 
providing some protection to the victim. Advocates also fear that many 
judges could put undue pressure on domestic violence victims to use 
alternate mediation rather than endure a trial, in which they will face 
cross-examination.
    The Criminal Code provides punishment for sexual abuse and 
stipulates that any person convicted of physically abusing or raping 
another person can be sentenced to between 9 months and 4 years in 
prison. According to statistics from the National Police, the police 
received 1,308 rape complaints during the year compared to 1,170 
reported instances of rape in 2001. Many women are reluctant to report 
abuse or file charges due to the social stigma attached to victims of 
rape. The police manage 13 women's commissariats in 13 cities with a 
total staff of 75 people. Each commissariat is located adjacent to a 
police station and is supposed to be staffed by six police officers, 
two social workers, one psychologist, and one lawyer. However, due to a 
lack of funding, the staff size is often limited to a far smaller 
number. The commissariats provide both social and legal help to women 
and mediate spousal conflicts. They also investigate and help to 
prosecute criminal complaints and refer victims to other governmental 
and nongovernmental assistance agencies. As of November, the 
commissariats processed a total of 2,363 cases--1,867 cases of domestic 
violence and 496 cases of sexual infractions.
    In May the Appeals Court denied the appeal by Zoilamerica Narvaez 
of the December 2001 decision of Judge Juana Mendez to drop sexual 
molestation, harassment, and rape charges against Daniel Ortega on the 
grounds that the 5-year statute of limitations had expired. The case 
was before the Supreme Court at year's end. On March 4, the IACHR held 
a hearing on the Narvaez case, focusing on the issue of whether the 
Government had denied Narvaez due process. The Government subsequently 
expressed its willingness to accept an ``amicable solution'' to the 
dispute, discussions on which were underway at year's end. Prostitution 
is legal and common. According to a number of sources, including the 
Director of Police Criminal Investigations, Julio Gonzalez, and the 
Director of Police Economic Investigations, Carlos Bandana, prostitutes 
in the country work without a pimp, since prostitution is legal but 
pimping is not. Statistics from the Women's Commissariats showed only 
three cases of pimping for the year throughout the country. A number of 
studies supported this, including an intensive diagnostic done during 
the year by the University of Central America in the tourist city of 
Granada, in which all the under-aged prostitutes interviewed told the 
researchers that they operated on their own. In Managua most 
prostitutes work on the streets, clandestinely in nightclubs and bars, 
or offer sexual services in massage parlors. In towns along the Pan 
American Highway, women and girls sell sexual services to truck drivers 
and other travelers, who are often foreigners driving north from Costa 
Rica. In port cities such as Corinto, the primary clientele are 
sailors. Corinto is unusual in that prostitutes receive medical 
examinations and a card certifying that they are free of disease. In 
addition, prostitutes in Corinto reportedly often work together to 
maintain a rudimentary price-setting structure that enabled them to 
earn much more than they would in other areas. However, in most areas, 
prostitutes do not have access to medical screening or treatment.
    There were credible reports of isolated cases of the trafficking of 
women for prostitution (see Section 6.f.). The law prohibits sexual 
harassment in the workplace; however, it continued to be a problem.
    Although the Constitution provides for equality between the sexes, 
discrimination against women persisted. According to a poll released in 
April 2000 by the Nicaraguan Women's Institute in conjunction with the 
Government, women comprised approximately 61 percent of the public 
sector labor force, a number much larger than in the private sector. It 
also showed that even with comparable educational backgrounds, salaries 
for male and female workers differed significantly, with men sometimes 
making twice as much as women in the same positions. Even with similar 
qualifications, men advanced more quickly than women. Women constitute 
the majority of workers in the traditionally low-paid education and 
health service sectors. According to a 1998 ``Nicaraguan Survey on 
Demographics and Health'' by the National Statistical Institute, women 
have equal or somewhat better access to education than men, especially 
in urban areas. Women are generally underpaid, but the majority of 
women have some type of employment. An October 2001 International Labor 
Organization (ILO) study concluded that of the 561,000 employed women, 
184,000 were self-employed and 377,000 were salaried workers. More than 
92 percent of women capable of employment have some type of job.
    There are many NGO and government programs that target 
discrimination against women, mostly by analyzing the status of women 
in the workplace. For example, the Program for Reform and Modernization 
of the Public Sector, directed by the Vice President, was formed in 
1998 in an attempt to publicize issues of gender discrimination by 
collecting statistics on salary differences and hiring techniques in 
the public sector. The initiative produced a number of publications on 
the subject of women in the workplace, including an extensive study in 
2000 of women working in the public sector and a manual distributed to 
managers in the public sector during the year that outlined procedures 
to prevent gender discrimination in the workplace.

    Children.--The Government publicly expressed its commitment to 
children's human rights and welfare; however, government-wide budget 
constraints prevented it from providing adequate funding levels to 
children's programs or primary education. A constitutional provision 
known as the 6 percent rule automatically allots 6 percent of the 
annual budget to a higher education consortium, often at the expense of 
funding for primary and secondary education programs. Children 15 years 
of age and younger made up approximately 39 percent of the population. 
Education is compulsory through the sixth grade, but this provision is 
not enforced, and 20 percent of the population was classified as 
illiterate. According to census figures from 2001, primary school 
enrollment rates for boys and girls were estimated at 75 and 80 percent 
respectively, up from 73 and 75 percent in 1995. However, secondary 
school enrollment rates dropped to 35 and 45 percent from 1995 levels 
of 39 and 47 percent. Juvenile offenders under the age of 17 comprise 
less than one percent of offenders incarcerated. This low figure is 
largely attributed to the leniency given to juvenile offenders by the 
Children's Code, which rarely gives jail time to juveniles. During the 
year, 47 minors died as a result of violent crime. During the same 
period, victims of rape included 277 children under the age of 13 and 
658 between the ages of 13 and 17. There were an estimated 1,216 
reported cases of child abuse (physical and psychological), 314 cases 
of child kidnaping, and 100 children who disappeared. The national 
police estimated that about 63 percent of sexual abuse victims were 
under the age of 18, and that 36 percent were younger than 13. A study 
by the University of Leon indicated that 27 percent of girls and 20 
percent of boys experienced sexual abuse. According to a Ministry of 
Labor study, over 676,000 children are at-risk and exposed daily to 
violence, abuse, exploitation, and neglect. According to UNICEF, this 
number is expected to increase because the population of children under 
the age of 5 years who live on the streets is growing.
    According to local media and the Ministry of the Family, the 
incidence of child prostitution increased, especially in Managua, and 
near border cities and ports (see Section 6.f.).
    The Child and Family Law provides that juvenile prisoners can no 
longer be held in adult facilities or for more than 24 hours without 
being charged (see Section 1.c.). Child labor is a problem (see Section 
6.d.).

    Persons with Disabilities.--In 1998 the Ministry of Health created 
a National Council for Rehabilitation to address the needs of the 
600,000 citizens with some type of disability, only 3 percent of whom 
received medical treatment. Through its clinics and hospitals, the 
Government provides care to war veterans and other disabled persons, 
but the quality of care is generally poor. However, with assistance 
from international NGOs, foreign governments, and the public health 
care system, the Government has procured thousands of prostheses and 
other medical equipment for veterans and former resistance members. 
Despite some efforts, the Government's past role in helping the 
disabled is minimal and often has been criticized. It has not 
legislated or otherwise mandated accessibility to buildings for the 
disabled. In the spring of 2000, the Ministry of the Family announced 
that it would cut a considerable amount of financial support for the 
Blue Bird Protection Association that sheltered about 100 persons with 
disabilities, aged from 10 months to 40 years old, who are considered 
unable to care for themselves. Although the Ministry had agreed to 
cover a significant percentage of the Association's budget, its failure 
to do so forced the Association's employees to go without pay, and 
resulted in a significant decrease in medicinal, clothing, and food 
supplies. Many organizations that help the disabled called for the 
Government to focus more attention on the needs and interests of 
persons with disabilities; however, the Government did not restore 
funding for the shelter. The Blue Bird Protection Association continued 
to operate the shelter with funds from private organizations, which 
hold an annual telethon to help raise funds.
    The 1995 Law to Protect Disabled People states that companies are 
obligated to contract persons with disabilities, that such disabilities 
cannot affect their salaries, and that they must be considered equal to 
other workers. However, representatives of the Danish Association of 
Disability noted that this law rarely is put into practice. This 
organization implemented a program called Prodinic, with the objective 
of strengthening the country's disabled associations by assisting 20 
different groups in Managua, Masaya, Leon, Juigalpa, and Esteli. This 
group is lobbying for easier access to transportation and travel for 
the disabled throughout the country.

    Indigenous Persons.--Indigenous people constitute approximately 5 
percent of the country's population and live primarily in the Northern 
Autonomous Atlantic Region (RAAN) and Southern Autonomous Atlantic 
Region (RAAS). The RAAN and the RAAS, which were created in 1987 out of 
the former department of Zelaya and which border the Caribbean Sea, 
constitute 47 percent of the national territory, but only 12 percent of 
the population. Based on 1998 information from the Center for 
Investigation and Documentation of the Atlantic Coast and other 
sources, the 4 major identifiable indigenous groups are the Miskito 
(with approximately 100,000 members), the Sumo (10,000), the Garifuna 
(3,000), and the Rama (1,000). The indigenous people of the RAAN, 
primarily the Miskito and the Sumo, have a political party known as 
Yatama, which has representation in regional and municipal councils. In 
2000 the CSE ruled that the Yatama political party did not meet the 
qualifications to participate in the November 2000 municipal elections; 
however, it reversed its decision following the election after a high 
rate of abstentions in Yatama-dominated areas and threats of violence 
by Yatama supporters. Yatama was allowed to run departmental candidates 
for the National Assembly in the November 2001 national elections (see 
Section 3).
    In March the CSE held sparsely attended elections for the RAAN and 
RAAS Regional Councils. The Regional Councils, created by the 1987 Law 
of Autonomy, are delegated limited authority to administer the 
economic, environmental, and cultural resources of the Atlantic Coastal 
Regions and to represent the political interests of the indigenous 
populations before central government institutions. The Councils are 
each composed of 45 elected members plus the region's delegation to the 
National Assembly; in the RAAN there are three Assembly Delegates, in 
the RAAS, two. Thus the RAAN Council has a total of 48 members, the 
RAAS, 47. The Regional Councils met in May, as required by law, to 
select their respective governors and executive councils to oversee the 
day-to-day administration of the regions. The CSE, which has a PLC 
majority, refused to recognize these elections, which resulted in 
executive councils and governors that did not favor the ruling PLC. The 
delay continued for nearly 4 months in the RAAN and 9 months in the 
RAAS, leaving the Autonomous Regions without a regional government 
during this time. In the RAAN, Yatama became the power broker when 
neither of the national political parties managed to gain an outright 
majority in the 48-member Regional Council. Yatama formed a coalition 
with the FSLN and in May elected an executive council and governor in a 
raucous election in which the PLC-affiliated CSE magistrates and the 
PLC Regional Council Members refused to participate. The CSJ ruled that 
the CSE had to reconvene the Regional Council, hold a new election for 
the Executive Council, and properly certify the election, which it 
finally did at the end of June. In the RAAS, the PLC held a substantial 
majority of the 47-member Regional Council; however, because of 
technical irregularities with the CSE's administration of the election, 
the CSJ once again ruled that the Regional Council had to reelect the 
Regional Governor and Executive Council. A critical number of PLC 
Regional Council members refused to back their party's candidates for 
governor and executive council, leaving no majority in place. Maverick 
PLC members eventually formed a majority coalition with the FSLN and 
elected their own slate of regional officials. However, the election 
could not be certified because no one had been elected to replace the 
CSE President, Roberto Rivas, whose term had expired in July.
    Without any authorities in place to administer them, many regional 
and municipal projects in the RAAN and the RAAS were suspended, 
although the problem became more acute in the RAAS, where the 
uncertainty continued longer. The RAAS had no one with the authority to 
negotiate for funds from the national government or foreign donors, and 
government salaries could not be paid. This furthered public 
perceptions of central government neglect, and led to threats of 
violence and the takeover of public facilities by frustrated citizens.
    The 1987 Autonomy Law requires the Government to consult indigenous 
people regarding the exploitation of their areas' resources; however, 
indigenous people claim that the central government often made 
decisions without adequate community consultation. For example, in July 
the central government decided to announce its intention to solicit 
bids for oil and gas exploration off the Atlantic coast without 
consulting with either regional leaders or communities.
    In August 2001, the IACHR determined that the Government violated 
the human rights of the Awas Tingni (Sumo) Community by granting 30-
year logging licenses to foreign companies on nearly 153.2 thousand 
acres of Sumo ancestral lands without consulting the Sumo. The 
Commission ruled that the country's legal protections for indigenous 
lands were ``illusory and ineffective'' and ordered the Government to 
establish new legal mechanisms to demarcate the traditional lands of 
all indigenous communities in the country within 15 months. The 
Commission also ordered the Government to pay $30,000 (420,000 
cordobas) to the Sumo and to invest $50,000 (700 thousand cordobas) in 
projects beneficial to the Sumo. Pursuant to the IACHR's decision, the 
Government paid the $30,000 and said it was committed to funding more 
than $50,000 in Sumo community projects. The Ministry of Agriculture, 
the Office of Property Affairs in the Ministry of Finance, the regional 
authorities on the Atlantic Coast, and the Special Ombudsman for 
Indigenous Affairs formed a commission that proposed a number of legal 
changes and mechanisms to the National Assembly, including the clear 
demarcation and protection of indigenous lands. This legislation was 
voted into law in December, meeting the IACHR deadline, although there 
were serious reservations about how it would be implemented.
    As in previous years, some indigenous groups complained that 
central government authorities excluded the indigenous people of the 
Atlantic coast from meaningful participation in decisions affecting 
their lands, cultures, traditions, and the allocation of natural 
resources. A few residents of the RAAN threatened to take up arms to 
fight for independence from Managua if their needs were not addressed, 
but there is little concern that these isolated statements represent a 
threat by the indigenous communities.
    On April 8, unknown persons shot and killed Francisco Jose Garcia 
Valle, husband of Dr. Maria Acosta, a lawyer for indigenous rights in 
the Atlantic Coast known for her work fighting the controversial sale 
by a private individual of the Pearl Cays off the coast. Garcia was a 
professor at a local university but not involved with his wife's 
political work. The circumstances surrounding his death sparked 
suspicions that it was a politically motivated murder by Acosta's 
opponents. The police investigating the crime later determined that 
three tenants of the family's rental apartment committed the homicide, 
and that robbery had not been a motive. Press reports indicated that at 
least one of the suspected killers, Ivan Rivera, was employed as a 
chauffeur and security guard by the Pearl Cays' realtor, who was 
suspected to be the intellectual author of the crime. A judge issued an 
arrest warrant against Rivera but absolved the realtor. The police 
reportedly matched the 25-caliber murder weapon to one registered to 
the realtor, who alleged that the police falsified the ballistics 
report. By year's end, the police had not yet captured Rivera, but did 
arrest one of his suspected accomplices, who confirmed that Rivera led 
that group and committed the murder.
    Government health care exists in the Atlantic Coast towns of Puerto 
Cabezas, Siuna, and Bluefields, but a majority of indigenous people in 
rural areas had no access to modern health care. Critics of government 
policy cited extremely high unemployment rates among the indigenous, 
but calculation of reliable employment statistics was complicated 
because most of the working indigenous population on the Atlantic Coast 
is engaged in subsistence fishing, farming, and mining.

    National/Racial/Ethnic Minorities.--Most citizens are of mixed 
background, and ethnicity is not a barrier to political or economic 
success. However, various indigenous and ethnic groups from both the 
RAAN and the RAAS sometimes linked the Government's lack of resources 
devoted to the Atlantic Coast to ethnic, racial, and religious 
minorities that predominate in that region. In contrast with the rest 
of the country, the region's racial makeup tends to be black and 
Amerindian, while its religious makeup is principally composed of 
various Protestant denominations.

Section 6. Worker Rights

    a. The Right of Association.--The Constitution provides for the 
right of workers to organize voluntarily in unions, and the Labor Code 
that entered into effect in 1996 reaffirmed this right. The ILO has 
criticized various provisions in the Labor Code that remain below 
international standards. All public and private sector workers, except 
those in the military and the police, may form and join unions of their 
own choosing, and they exercise this right extensively. The Labor Code 
permits the existence of more than one union, representing the same 
group of workers, at any place of employment. To become a union, a 
group of at least 20 persons must petition the Ministry of Labor for 
legal status and the right to engage in collective bargaining (see 
Section 6.b.). The Labor Code legally recognizes cooperatives, into 
which many transportation and agricultural workers are organized. 
Representatives of most organized labor groups criticize these 
cooperatives, and assert that they do not permit strikes; have 
inadequate grievance procedures; are meant to displace genuine, 
independent trade unions; and are dominated by employers. According to 
the Ministry of Labor, approximately 15 percent of the work force is 
unionized. Unions are independent of the Government, although most are 
affiliated with political parties to varying degrees.
    The Labor Code provides protected status to union leaders, 
requiring that companies receive permission from the Ministry of Labor 
after having shown just cause to fire union executive board members. 
Such protection is limited to nine individuals per union. However, the 
Labor Code allows businesses to fire any employee, including union 
organizers, provided the business pays the employee double the normal 
severance pay. Business leaders sometimes use this practice to stymie 
unionization attempts. Unions freely form or join federations or 
confederations and affiliate with and participate in international 
bodies.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides for the right to bargain collectively, and the 
1996 Labor Code reaffirmed this right. The Government generally sought 
to foster resolution of pressing labor conflicts (usually in the public 
sector) through informal negotiations rather than through formal 
administrative or judicial processes. According to the 1996 Code, 
companies engaged in disputes with employees must negotiate with the 
employees' union if the employees are thus organized. However, the 
possible existence of more than one union at any place of employment 
means that several unions, each with different demands, can coexist at 
any one enterprise. Similarly, management may sign collective 
bargaining agreements with each union. The Constitution recognizes the 
right to strike; however, legal strikes are rare. The Labor Code 
requires a majority vote of all the workers in an enterprise to call a 
strike. The Labor Code requires that before a union may strike, it must 
first receive approval from the Labor Ministry. To obtain approval, the 
union must go through a process that requires good faith negotiation 
with management. The Labor Ministry asserts that it would take 
approximately 6 months for a union to go through the entire process to 
be permitted to have a legal strike. Observers contend that the process 
is inappropriately lengthy and so complex that there have been only 
three legal strikes since the 1996 Labor Code came into effect; 
however, there have been several illegal strikes.
    The Labor Code prohibits retribution against strikers and union 
leaders for legal strikes. However, this protection may be withdrawn in 
the case of an illegal strike. Workers involved in illegal strikes 
often lose their jobs. There were several allegations of violations of 
the right to organize. The Ministry of Labor investigated these 
allegations and concluded that employers acted within the law, taking 
advantage of the extensive administrative requirements necessary to 
declare a strike legal. Notwithstanding the legality of employer 
actions, the result was to weaken significantly an important union in 
the free trade zone (FTZ), the Sandinista Workers Central (CST). In the 
last few years, though not during the year, the CST declared several 
strikes without first exhausting the very lengthy and complex 
administrative process of getting the required majority of the workers. 
Consequently, the Ministry of Labor consistently ruled the strikes 
illegal. Employers then fired the striking workers based on the 
Ministry's ruling. In essence, employers took advantage of the 
extensive administrative requirements required to declare a strike 
legal and the CST's failure to follow the prescribed rules. The 2001 
appeal by the textile firm Mil Colores of a judge's order reinstating 
Juan Carlos Smith Flores was pending at year's end.
    On October 11, 2001, the CST workers elected Maria Elia Martinez 
Rivas as union Secretary General. To comply with the 20-member 
requirement and avoid being decertified, the CST union enlisted new 
members. On February 8, Mil Colores fired Rivas who claimed that she 
did not infringe on any regulations and had never received a reprimand. 
Rivas, with the aid of the CST, took the issue to court and alleged 
that, by impeding the workers' right to organize, Mil Colores violated 
the Constitution, laws, human rights, and international agreements 
ratified by the country. Her case was pending at year's end.
    Other than the Mil Colores incident, there were no other 
significant labor disputes during the year.
    There are 39 enterprises operating in the Government-run FTZ, 
employing approximately 25,000 workers. Labor laws apply equally in the 
FTZs, except for the minimum wage which varies by industry. In 
addition, there are 5 authorized private FTZs; the 11 enterprises in 
these zones employ some 17,000 workers, for a total of 42,000 workers 
in all FTZs. Approximately half the workers in the Government-run FTZ 
are represented by a union organization; however, only about 10 percent 
of them are actual union members. While some of these unions have real 
collective bargaining power, others are primarily symbolic. The 
Ministry of Labor reports that there were eight collective bargaining 
agreements in effect in the FTZs and five in the negotiation process. 
Union organizing efforts have encountered strong employer opposition in 
the FTZs.
    In response to longstanding complaints by union representatives 
that the Ministry of Labor poorly enforced the Labor Code in the FTZs, 
in 1997 the Ministry opened an office in the Managua FTZ to ensure that 
the code was being enforced. FTZ officials claim that, due to memories 
of the corrupt and ineffective unions of the 1980s, many workers in the 
FTZ enterprises simply have no interest in unionizing. They also claim 
that wages and working conditions in FTZ enterprises are better than 
the national average. For example, some FTZ enterprises assert that 
they pay wages that average over $192 (2,400 cordobas) per month, 
almost three times the minimum wage.

    c. Prohibition of Forced or Bonded Labor.--The Constitution 
prohibits forced or bonded labor but does not specifically address 
forced or bonded labor by children, and such practices occur. The 
Ministry of Labor continued to report that some children were forced to 
beg by their parents, and that some were rented by their parents to 
organizers of child beggars (see Sections 6.d. and 6.f.).
    In December, Hansae S.A, a Korean garment factory in the Free Trade 
Zone, violated the overtime provisions of the Nicaraguan labor code. 
Whereas the code permits overtime of no more than 3 hours per day and 
no more than 9 hours per week, labor unions and the Ministry of Labor 
charged, and Hansae officials admitted, that some employees at Hansae 
were working far in excess of the permitted number of hours. In some 
cases, employees were required to stay overnight, making for a 24-hour 
workday, two or three times a month. Hansae officials explained that 
the practice was recent and that it was due to unusually high demand 
for their products. The Hansae General Manager promised to discontinue 
the practice. According to union officials, the violation did not 
recur.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Constitution provides for the protection of children's 
rights and prohibits child labor that can affect normal childhood 
development or interfere with the obligatory school year; however, 
child labor is a problem. Comprehensive labor legislation protects 
children up to the age of 18. The Constitution also provides protection 
from any type of economic or social exploitation. The law prohibits 
child labor in areas such as mines and garbage dumps and imposes heavy 
fines for illegal employment. The 1996 Labor Code raised the age at 
which children may begin working with parental permission from 12 to 14 
years. Parental permission to work also is required for 15- and 16-
year-olds. The law limits the workday for such children to 6 hours and 
prohibits night work. However, because of the economic needs of many 
families, a cultural legacy of child work among peasants, and lack of 
effective government enforcement mechanisms, child labor rules rarely 
are enforced except in the small formal sector of the economy.
    There are no reliable figures regarding the number of working 
children, but the Government reports that child labor occurs in both 
urban and rural areas. The Ministry of Labor estimates that 
approximately 300,000 children are employed; CENIDH estimates that 
there are approximately 322,000 working children. Over 148,000 children 
are employed in rural areas at coffee, tobacco, rice, and banana 
plantations. In Managua over 6,000 children work on city streets, 
selling merchandise, cleaning automobile windows, or begging. According 
to a 1998 UNICEF report, approximately 42 percent of children between 
the ages of 6 and 9 work. A 1996 study by the National Commission 
against Child Labor concluded that over 161,000 children between 10 and 
19 years of age worked, including approximately 109,000 employed in 
rural areas on coffee, tobacco, rice, and banana plantations. The study 
found that 6,219 children worked in urban areas as beggars, self-
employed car washers, or parking attendants. The Ministry of Labor 
continues to report that some children were forced to beg by their 
parents, and that some were rented by their parents to organizers of 
child beggars. Child prostitution is a serious problem (see Section 
6.f.).
    The Ministry of Labor established an inspection unit to monitor 
occupational safety and health in the agricultural sector, signed 
agreements with nightclubs and restaurant owners who pledged to comply 
with labor laws and issued a resolution in 1999 prohibiting employment 
of minors specifically in the FTZs. The Ministry of Family sponsors 
several programs that target working minors. These programs, which 
cover up to 10,000 children nationwide, include childcare services, 
return-to-school programs, and technical and vocational training. The 
programs also include training for parents and teachers. The Ministry 
of the Family, in conjunction with the Ministry of Education, 
established a program--known as the Traffic Light Plan--to keep 647 
children off city intersections where they wash windshields, sell 
fruit, or beg for money from motorists stopped at red lights. The 
program provides housing for the 75 percent of these children who are 
homeless and schooling for the 60 percent who are school dropouts. The 
Ministry of Family reports that out of 600 children in the Traffic 
Light Plan, 498 (or 83 percent) returned to school. The remainder 
returned to the intersections to work.

    e. Acceptable Conditions of Work.--The statutory minimum wage is 
set through tripartite (business, government, and labor) negotiations 
and must be approved by the National Assembly. A different minimum 
wage, which must be reviewed every 6 months, applies to each sector of 
the economy. A new minimum wage scale took effect in April. The 
majority of workers earn well above the statutory minimum rates. 
Ministry of Labor statistics indicated that during the year, the 
average minimum wage, i.e., the actual minimum wage paid by employers 
for each sector, was $72 (1,058 cordobas) overall. By sector, the 
average minimum wage was as follows: agriculture, $45 (661 cordobas 
plus food); fisheries, $56 (818 cordobas); mining, $137 (1,994 
cordobas); industrial manufacture, $74 (1,086 cordobas); electric, gas, 
and water utilities $117 (1,711 cordobas); construction, $119 (1,740 
cordobas); restaurants and hotels, $95 (1,383 cordobas); 
transportation, $102 (1,495 cordobas); banking, $92 (1,341 cordobas); 
community and social services, $71 (1,038 cordobas); and central and 
municipal government (includes health and education employees), $51 
(743 cordobas). Even the average minimum wage does not provide a decent 
standard of living for a worker and family. In every sector, the 
average minimum wage falls below the Government estimate of what an 
urban family must spend each month for a basic basket of goods ($141 or 
2,065 cordobas).
    The Labor Code incorporates the constitutionally mandated 8-hour 
workday; the standard legal workweek is a maximum of 48 hours, with 1 
day of rest weekly. The 1996 code established severance pay at from 1 
to 5 months, depending on the duration of employment and the 
circumstances of firing. However, persons fired for cause may be denied 
severance pay through a process that requires employers to demonstrate 
proof of worker misconduct. The code also established an employer's 
obligation to provide housing to employees who are assigned temporarily 
to areas beyond commuting distance.
    The Labor Code seeks to bring the country into compliance with 
international standards and norms of workplace hygiene and safety, but 
the Ministry of Labor's Office of Hygiene and Occupational Security 
lacks adequate staff and resources to enforce these provisions. The 
code gives workers the right to remove themselves from dangerous 
workplace situations without jeopardy to continued employment.
    During the year, there were a number of incidents concerning worker 
injuries that reflected unacceptable conditions of work. On April 12, 
Jose de Jesus Miranda Perez received second degree burns from a steam 
press at the Rocedes plant, an FTZ factory. The Ministry of Labor fined 
the Rocedes plant $667 (10,000 cordobas).
    On June 23, Deyson Joel Herrera, age 19, lost part of his finger at 
the Nien Hsing International plant, located within a FTZ. After 
completing an accident report, Herrera was taken to the hospital, where 
the doctor attached what remained of the finger. When Herrera returned 
to the doctor on June 28 he was told that the health care contract with 
Nien Hsing International had ended, and that Herrera could no longer 
receive treatment.
    On July 2, Orlin Frank Meza Orozco received second degree burns at 
the Chentex plant, located within an FTZ. Orozco was taken to the 
hospital where he received treatment.
    In August Ericka Morales, the Rocedes factory supervisor attacked 
Maria Ramona Beltran Espinoza. Morales struck Espinoza with a metal bar 
after she inquired about her brother's wages, which she claimed had not 
been paid. Rocedes then terminated Espinoza's contract. Espinoza went 
to the Ministry of Labor for aid; however, the Ministry claimed that it 
could pursue no legal actions, as Espinoza was no longer an employee at 
the Rocedes plant.
    The enactment of a 2001 law aimed at foreign companies prompted the 
filing of claims on behalf of thousands of banana workers seeking 
damages for exposure to the pesticide DBCP in the 1970s and 1980s when 
its use was legal in the country. The Attorney General's Office 
prepared an advisory opinion that questioned the constitutionality of 
certain provisions of the law.

    f. Trafficking in Persons.--Nicaragua has a statute that 
specifically prohibits trafficking in persons and assigns a penalty of 
up to 10 years in prison. While the preconditions for trafficking 
exist, there is little documented evidence of a substantial trafficking 
problem within the country; however, there is some limited evidence 
that the country is a source for trafficking in women and children to 
other countries for purposes of sexual exploitation. The Government 
instituted an awareness campaign with border police and immigration 
officials at entry points to Honduras to identify and question young 
women who are not accompanied by family members. In addition, the 
Government formed a 56-member Anti-Trafficking in Persons Unit within 
the police. According to the Ministry of Labor, strip clubs are 
inspected several times each year to ensure that there are no underage 
workers at these clubs.
    The law does not make prostitution illegal, though it bans its 
promotion; however, the Child and Family Law, which took effect in 
1998, defines statutory rape as sexual relations with children 13 years 
old and younger. Therefore, there is no legal prohibition on 
prostitution by juveniles 14 and older. According to a number of 
sources, including the Director of Police Criminal Investigations, 
Julio Gonzalez, and the Director of Police Economic Investigations, 
Carlos Bandana, prostitutes in the country work without a pimp, since 
prostitution is legal but pimping is not. Statistics from the Women's 
Commissariats showed only three cases of pimping for the year 
throughout the country. A number of studies support this, including an 
intensive diagnostic done during the year by the University of Central 
America in the tourist city of Granada, in which all the under-aged 
prostitutes interviewed told the researchers that they operated on 
their own. Although national figures are not available, a study 
conducted in Managua in 1998 found that 40 percent of the 1,200 
prostitutes in the city were under the age of 18. No numbers were 
available for other cities, but in 1998 UNICEF reported that teenage 
sexual exploitation had increased in recent years in rural areas, 
border cities, ports, and in Managua. UNICEF also noted significant 
growth in prostitution among children between the ages of 12 and 16 in 
towns where taxi drivers were said to serve as middlemen. OAS personnel 
in the country also noted an increase in prostitution among girls as 
young as 10 years of age; in rural areas, their clients are often truck 
drivers and other travelers, including foreigners, who patronize 
prostitutes in towns along the Pan American Highway. From December 1998 
to May 1999, the Ministry of the Family sponsored an investigation into 
child prostitution in five municipalities. Of the more than 300 
children surveyed, 82 percent reported that they had started engaging 
in prostitution within the past year. Many of those surveyed said that 
they engaged in prostitution to buy basic necessities such as food and 
clothing, or to support a drug habit. A 1999 survey by the NGO Casa 
Alianza reported that of 520 children, 504 admitted to using drugs, 
usually glue. There have been cases of adults who exchange sexual 
favors with street children in return for glue. In 1999 a National 
Forum against the Sexual and Commercial Exploitation of Children and 
Adolescents was created to fight for children's rights and bring this 
issue to the public's attention. During the year, it held a number of 
public forums on children's issues and trafficking in persons and 
distributed a number of substantial anti-trafficking publications to 
the public.
    According to press reports, five Nicaraguan women, ages 20-25, were 
taken to Guatemala by Janeth Esperanza Rivera in May. Rivera promised 
the women jobs as sales clerks, and a better life in Guatemala. Upon 
arriving in Guatemala, Rivera sold the women to a group of unidentified 
men, who locked them up in a room. The women were only allowed out to 
be prostituted. This continued for 5 days, until 4 of the women escaped 
and reported the incident to the Guatemalan police. Rivera was captured 
and a police investigation of her records revealed Rivera had been 
trafficking women into Guatemala for months. None of the women from the 
previous trafficking have been located or interviewed.
    In October police detained three 17-year-old women near the town of 
Chinandega traveling to Guatemala. The women were being driven to 
Guatemala to work in brothels there. Although the women indicated they 
were not deceived or coerced into going, their travel and work was 
being facilitated by three alleged traffickers, who were detained by 
police. The three facilitators were charged with trafficking, but a 
court in Chinandega acquitted them due to a lack of evidence that 
trafficking had occurred.
                              ----------                              


                                 PANAMA

    Panama is a representative democracy with an elected executive 
composed of a president and 2 vice presidents, an elected 71-member 
unicameral legislature, and an appointed judiciary. In 1999 voters 
elected President Mireya Moscoso of the Arnulfista party. The 
Constitution provides for an independent judiciary; however, the 
judicial system was subject to corruption and political manipulation.
    Panama has had no military forces since 1989. The Panamanian Public 
Forces consisted of the Panamanian National Police (PNP), the National 
Maritime Service (SMN), the National Air Service (SAN), and the 
Institutional Protection Service (SPI). A 1994 constitutional amendment 
formally prohibits the establishment of a permanent military, although 
it contains a provision for the temporary formation of a ``special 
police force'' to protect the borders in case of a ``threat of external 
aggression.'' The Judicial Technical Police (PTJ), a semiautonomous 
body with leadership appointed by the Supreme Court, was a separate 
branch of law enforcement under the Attorney General's Office that 
performed criminal investigations in support of public prosecutors. The 
Ministry of government and Justice oversaw the PNP, the SMN, and the 
SAN; the Ministry of the Presidency supervised the SPI. Police forces 
responded to civilian authority, had civilian directors, and had 
internal review procedures to deal with police misconduct. There were 
occasional reports of abuse by some members of the security forces.
    The economy, which uses the U.S. dollar as currency (calling it the 
Balboa), was based primarily on a well developed services sector that 
accounted for about 80 percent of gross domestic product (GDP). The 
country had an estimated population of 2.9 million. GDP growth was 
negligible for the past 2 years, poverty worsened, and income 
distribution remained highly skewed, with growing disparities between 
rich and poor. Unemployment was officially estimated at 13.7 percent; 
however, private economists believed that it might be several points 
higher.
    The Government generally respected the human rights of its 
citizens; however, there continued to be serious problems in several 
areas. Abuse by prison guards, both PNP and civilian, was a recurrent 
problem of the prison system. Overall prison conditions remained harsh, 
with periodic outbreaks of internal prison violence. Prolonged pretrial 
detention was a problem. The judiciary was subject to political 
manipulation, and the criminal justice system was inefficient and often 
corrupt. There were complaints that in some cases police failed to 
follow legal requirements and conducted unauthorized searches and 
monitored communications. The media were subject to political pressure, 
libel suits, and punitive action by the Government. Violence against 
women remained a serious problem. Women held some high positions in 
government, including the presidency; however, discrimination against 
women persisted. Discrimination against indigenous people, blacks, and 
ethnic minorities continued to be a problem. Worker rights were limited 
in export processing zones. Child labor was a problem. Trafficking in 
persons was a continuing problem. Panama 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 15, a 13-year-old indigenous Wounaan girl, Aida (or Ayda) 
Chirimia, in the Darien village of Biroquera, was shot and killed by a 
single bullet from a 7.62 millimeter machine gun, reportedly within the 
local national police compound. The PNP reported that the gun fell and 
went off accidentally; there were no indications of suicide or a self-
inflicted accident. No autopsy was performed. When the gun was sent to 
the PTJ, reportedly the pin had been mashed, making an investigation 
nearly impossible. At year's end, the PNP was awaiting ballistic test 
results from the Public Ministry, which was in charge of the overall 
investigation. Meanwhile, the Wounaan leaders had access to a volunteer 
lawyers' association.
    In August 2001, the bodies of two men were found at the beach of 
Punta Chame. Their deaths were linked to two off-duty PNP officers who 
were dismissed and detained. An investigation into the killings, 
conducted by the Fourth Superior Prosecutor, continued at year's end.
    In April the Truth Commission, established by President Moscoso in 
January 2001 to investigate killings and disappearances believed to 
have occurred under the 1968-89 military dictatorship, released its 
final report (see Sections 1.b and 4.) Among the cases the Commission 
investigated was that of an unmarked grave discovered in 1999 on the 
grounds of a former military base near Panama City that contained the 
remains of leftist leader Heliodoro Portugal. Three former members of 
the National Guard--captains Rigoberto Garibaldo, Aquilino Seiro, and 
Moises Correa--were linked to Portugal's kidnaping and killing. The 
authorities placed Garibaldo under house arrest, forbade the two others 
from leaving the country, and reopened the case.
    Guerrillas from the terrorist organization Revolutionary Armed 
Forces of Colombia (FARC) and other Colombian armed groups operated 
along the border with Colombia and reportedly made occasional deeper 
incursions into the country. In December a decapitated body was found 
washed ashore near Jaque, Darien Province. At year's end, the case was 
under investigation.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    In August and October 2001, and again in January, a team of foreign 
forensic anthropologists carried out investigations for the Truth 
Commission. The team located human remains in numerous locations in 
five provinces of the country. DNA tests on most of the remains located 
were underway, but only the remains of Heliodoro Portugal had been 
positively identified. On December 19, the head of the Truth Commission 
asked the Attorney General to reopen investigations into four 
additional disappearances from the late 1960s and early 1970s (see 
Sections 1.a. and 4).
    The Hector Gallego Committee for Disappeared Relatives maintained a 
list of 120 persons who disappeared during the military dictatorships 
and who remained missing.
    FARC guerrillas (and possibly other Colombian armed groups) 
reportedly engaged in occasional kidnapings of persons along the border 
with Colombia; they also harassed and raped residents in Darien 
Province.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits the use of measures that could 
harm the physical, mental, or moral integrity of prisoners or 
detainees, and the public security forces generally performed in a 
professional and restrained manner. However, there was at least one 
reported case of excessive use of force against prison inmates during 
the year, and abuse by prison guards was an occasional problem. The 
General Penitentiary Directorate (DGSP) asserted that the problem had 
been reduced and that only minor incidents occurred.
    The law providing the legal basis for the PNP includes specific 
guidelines for the use of force, including deadly force; requires that 
police officers respect human rights; and prohibits instigation or 
tolerance of torture, cruelty, or other inhuman or degrading behavior. 
Although not all PNP personnel were trained in the use of force, the 
PNP provided more training during the year.
    The PTJ and the PNP have offices of professional responsibility 
that act as internal affairs organs to hold officers accountable for 
their actions. Both have staffs of independent investigators as well as 
administrative authority to open internal investigations. In both 
organizations, a defined legal process is followed in which, upon 
completion of the process, the respective director of the PTJ or PNP 
has the final authority to determine the disposition of each case. The 
PNP deputy director and secretary general addressed human rights 
problems that arose in the police force. The offices of professional 
responsibility were well known in the community, and the rate of 
complaints remained generally constant in the PTJ office. During the 
year, the Office of the Human Rights Ombudsman received 62 complaints 
against the police for abuse of authority (see Section 4). Through late 
December, the PNP Office of Professional Responsibility received 568 
complaints, an average of 11 complaints per week, an increase from 10 
per week in 2001. The office investigated and closed 179 complaints 
without action, dismissed 41 cases for lack of sufficient evidence, 
penalized officers in 59 cases, and dismissed 29 officers for 
corruption, burglary, or bribery. Penalties included reduction in rank, 
dismissal, and in severe cases, criminal prosecution.
    The PTJ received complaints from the public, and officers could 
make anonymous complaints of corruption and other problems. By late 
December, the PTJ Office of Professional Responsibility had conducted 
210 investigations, which resulted in the dismissal of 21 agents. The 
majority of open cases were for mishandling official property such as 
misplacing guns or radios, and misconduct or improper behavior when off 
duty.
    Corruption among police officers remained a problem. In some cases, 
PNP and PTJ directors enforced other disciplinary measures against 
officers with proven involvement in illicit activities; however, both 
organizations only reacted to egregious abuses, due to a lack of staff, 
independence, and institutional priority.
    During the year, police generally exercised restraint in their 
treatment of street protesters. In August rioting broke out in Colon 
for 2 days, and the PNP fired rubber bullets not aimed directly at the 
protesters (see Section 2.b.).
    Prison conditions remained harsh and, in some cases, life 
threatening, due largely to budget constraints. As of December, the 
prison system, which had an official capacity for 7,348 persons, held 
10,529 prisoners. Most prisons were dilapidated and overcrowded, 
although Nueva Esperanza prison was newly refurbished. Many of the 
problems within the prisons resulted not only from obvious overcrowding 
but also from the lack of separation of inmates according to the type 
or severity of the crime committed. Pretrial detainees shared cells 
with sentenced prisoners, in part due to lack of space.
    Medical care was inadequate, and prisoners sometimes suffered 
because of the negligence of the guards. Tuberculosis, AIDS, and other 
communicable diseases were common among the prison population. The 
European Union funded some legal, medical, and dental staff for 
prisons, and there was at least one doctor in each major facility. As 
of December, there were a total of 18 deaths in prisons during the 
year: 15 from illnesses, 2 from inmate murder, and 1 suicide.
    There were some minor improvements in the prison system overall, 
including more training of civilian prison guards and PNP guards, who 
received courses on inmates' rights and penitentiary procedures, 
especially targeted at new officers and custodians. Other improvements 
included limited Internet access and computer literacy training for the 
first time in some women's prisons, more opportunities for work and 
training in prison, and more construction of new facilities.
    Abuse by prison guards, both PNP and civilian, was a recurrent 
problem. Police officials acknowledged that they received and 
investigated 27 cases during the year; 20 for abuse of authority, and 7 
for mistreatment of prisoners.
    In November PNP guards reportedly hit and sprayed tear gas on 18 
prisoners in the David prison; 2 were sent to the local hospital. Some 
prisoners then began a limited hunger strike. The Minister of 
government and Justice ordered an investigation, and the PTJ director 
said that such events occurred on a regular basis in the prisons. At 
year's end, the Public Ministry was investigating the incident.
    In one high-profile case of guard abuse, 10 members of the PNP were 
suspended for beating naked prisoners with baseball bats in the (since 
closed) Modelo prison in 1998; they were convicted and jailed awaiting 
sentencing at year's end.
    The main prisons in Panama City included La Joya (a maximum-
security facility), Tinajitas, the Feminine Center (women's prison), 
and the Juvenile Detention Center. Two additional facilities, La Joyita 
and El Renacer, held inmates generally accused of less serious crimes.
    La Joya, holding most prisoners accused of serious crimes, had a 
planned capacity of 1,500 but housed 2,278 inmates in December. Gang 
violence was a problem. Conditions at La Joyita remained problematic, 
including inmate claims of severe overcrowding, poor sanitation, and 
abuses by prison custodians against inmates. At year's end, the 
facility held 2,444 inmates; it was designed to hold 1,770 inmates. 
Conditions on the island penal colony of Coiba remained harsh and 
dangerous. The DGSP no longer sent inmates to Coiba and planned to 
close it; in December the number of inmates had dropped to 52, compared 
with 114 in 2000. Coiba prisoners suffered from malnutrition and 
shortages of potable water.
    Prison conditions in Colon province also were harsh. Although Nueva 
Esperanza, a consolidation and update of an older prison in Colon, 
opened during the year, by December its intended capacity of 800 was 
already exceeded, as it held 1,222 prisoners. In Nueva Esperanza, both 
male and female pavilions had separate sections for inmates convicted 
of administrative felonies, so they were not put together with inmates 
convicted of violent crimes. The former public prison frequently had no 
running water or functioning sewage system and failed to provide the 
most basic health needs, and the DGSP no longer had any inmates there. 
The PNP still used it for short periods of time when they had a 
detainee under their responsibility, but transferred persons to Nueva 
Esperanza prison as soon as possible.
    There were prisons of significant size in David and Santiago. Small 
jails attached to local police stations around the country sometimes 
housed prisoners for the entire length of their sentence. The 
authorities frequently did not address cases of abuse and neglect in 
these provincial jails, due to their low profile in the prison system. 
Early in the year, the Ombudsman visited La Chorrera prison in Panama 
province to highlight the extremely delapidated conditions there.
    In December 25 prisoners in the Santiago prison in Veraguas 
province initiated a hunger strike to protest ``physical and social 
mistreatment'' by jail authorities, alleging that they did not provide 
medical care, damaged inmates' personal effects, and made family visits 
difficult. The penal authorities denied these claims and asserted that 
these prisoners were treated well, and often had relatives and friends 
bring in drugs and weapons. At year's end, the matter was under 
investigation.
    The DGSP largely depended on 1,500 PNP officers to supply both 
internal and perimeter security at all prisons. There were over 250 
civilian corrections officers (or ``custodians''), but due to 
insufficient funding, the DGSP was not able to hire new civilian 
custodians during the year. As a result, regular PNP officers still 
were used to fill staffing gaps. PNP officers were sometimes untrained 
for prison duty and found the assignment distasteful, which contributed 
to tension and abuses within the prison system. The Government sent 30 
civilian custodians to a 4-month training program in Colombia. 
Custodians handled inmates within La Joya, El Renacer, and the central 
women's prison, which used only female guards. The DGSP did not have 
authority to discipline prison guards with criminal or civil sanctions; 
only the PNP disciplinary board could sanction a PNP agent or a 
custodian.
    Throughout the country, conditions at women's prisons and at 
juvenile detention centers were noticeably better than at adult male 
prisons. However, female prisoners, especially those in the primary 
detention area, reportedly suffered from overcrowding, poor medical 
care, and lack of basic supplies for personal hygiene.
    There was one modern juvenile detention center near Panama City; 
however, several juvenile detention centers throughout the country 
suffered from inadequate resources to provide for education or adequate 
supervision of children, many of whom spent the majority of their time 
in a bare cell.
    About 9 percent of prison inmates were foreigners (primarily 
Colombians), most of whom were serving sentences on drug charges. 
Although Panama and Colombia had a prisoner exchange treaty, the 
Government complained that Colombia did not respond or was very slow to 
comply with requests to accept prisoners, reportedly due to overcrowded 
conditions in Colombian prisons.
    The law and the Penal Code provide for conditional release programs 
for inmates charged with minor offenses who have served a substantial 
part of their sentence; however, this provision was not implemented 
consistently in practice. A conditional release program was part of the 
organizational reforms that authorities introduced in 1998. During the 
year, the DGSP provided conditional release forms to the President for 
her signature in a more timely manner than in previous years.
    The Government generally allowed prison visits by independent human 
rights observers. However, the authorities arranged appointments ahead 
of time, and monitors generally spoke to prisoners in the presence of 
guards or administrators. Prisoners expressed fear of retaliation if 
they complained. Justicia y Paz, the Catholic Church's human rights 
monitoring group, brings prison abuses to the attention of the 
authorities.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
stipulates that arrests must be carried out with a warrant issued by 
the appropriate authorities, and the Government generally respected 
this provision in practice. Exceptions were permitted when an officer 
apprehended a person during the commission of a crime, or when an 
individual interfered with an officer's actions. The Constitution also 
provides that suspects are to be brought promptly before a judge; 
however, lack of prompt arraignment remained a problem during the year. 
The law requires the arresting officer to inform the detainee 
immediately of the reasons for arrest or detention and of the right to 
immediate legal counsel, to be provided to the indigent by the State 
(see Section 1.e.). Police arrested and detained children for minor 
infractions during neighborhood sweeps (see Section 5).
    The Constitution also provides for judicial review of the legality 
of detention and mandates the immediate release of any person detained 
or arrested illegally. The Constitution prohibits police from detaining 
suspects for more than 24 hours without bringing them before a judge. 
Under the law, the preliminary investigation phase may last from 8 days 
to 2 months and the follow-on investigation phase another 2 to 4 
months, depending on the number of suspects. The courts frequently 
granted extensions of time limits, leaving those accused in detention 
for long periods without having been charged formally. The law permits 
these extensions; however, many legal authorities (including court 
officials) criticized judges for excessive use of this measure.
    Extended pretrial detention continued to be one of the most serious 
human rights problems, due in part to the elaborate notification phase 
in criminal cases. According to government statistics, as of December, 
5,821 prisoners were pretrial detainees, or about 55 percent of the 
prison population. The average period of pretrial custody was 12 
months, and pretrial detention in excess of the maximum sentence for 
the alleged crime was common.
    Legal alternatives to prison existed; however, they were not 
implemented widely. Options such as house arrest were used in some 
cases involving the elderly or minors but required that the defendants 
have access to and understanding of their legal options. There was a 
limited program of work or study in lieu of some sentences.
    The Constitution prohibits exile; there were no reports of forced 
exile.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary was susceptible to 
corruption and outside influence, including manipulation by other 
branches of government.
    The President appoints nine Supreme Court magistrates to 10-year 
terms, subject to Legislative Assembly ratification. The Supreme Court 
magistrates appoint appellate (Superior Tribunal) judges, who, in turn, 
appoint circuit and municipal court judges in their respective 
jurisdictions. Judicial appointments are supposed to be made under a 
merit-based system, but the top-down appointment system lent itself to 
political influence and undue interference by higher-level judges in 
lower-level cases in which they often had no jurisdiction.
    At the local level, mayors appoint administrative judges, or 
``corregidores,'' who exercise jurisdiction over minor civil cases and 
who hold wide powers to arrest and to impose fines or jail sentences of 
up to 1 year. In the past this system had serious shortcomings: 
Defendants lacked adequate procedural safeguards; administrative judges 
outside of Panama City usually were not attorneys; many had not 
completed secondary education; and some were corrupt. In practice, 
appeal procedures were nonexistent. The authorities encouraged 
corregidores to improve their procedures, and the number of local 
sentences imposed declined from 3,000 to 500 over 3 years. Nonetheless, 
affluent defendants still tended to pay fines while poorer defendants 
went to jail, which contributed to prison overcrowding (see Section 
1.c.).
    In 1998 the Inter-American Development Bank loaned the Government 
$18.9 million to reform the judicial system; the Government contributed 
another $8.1 million to the program. Intended to improve judicial 
training, strengthen the investigative capabilities of the Attorney 
General's office, and reduce the civil courts' backlog of cases, the 
program was scheduled to continue through 2004.
    The Constitution provides that persons charged with crimes have the 
right to counsel, to be presumed innocent until proven guilty, to 
refrain from incriminating themselves or close relatives, and to be 
tried only once for a given offense. If not under pretrial detention, 
the accused could be present with counsel during the investigative 
phase of the proceeding. Judges could order the presence of pretrial 
detainees for the rendering or amplification of statements, or for 
confronting witnesses. Trials were conducted on the basis of evidence 
presented by the public prosecutor. Under limited circumstances, the 
law permits trials without the accused being present. The Constitution 
and the Criminal Procedure Code provide for trial by jury at the 
defendant's election, but only in cases where at least one of the 
charges is murder.
    The Constitution obliges the Government to provide public defenders 
for the indigent. However, many public defenders were appointed late in 
the investigation, after the prosecutor already had evaluated the bulk 
of the evidence and decided either to recommend trial or to dismiss the 
charges. Public defenders' caseloads remained extremely high, averaging 
some 550 cases per attorney per year. Only 5 new public defenders have 
been hired since 1992; there were 38 nationwide, with a similar number 
of assistants. This heavy workload undermined the quality of 
representation, with many prisoners meeting their public defender for 
the first time on the day of trial. The inadequate number of public 
defenders also caused a backlog in trial dates, which also contributed 
to the problem of prison overcrowding.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the inviolability of the 
home, private papers, and telephonic communications, and the Government 
generally respected these rights in practice; however, there were 
complaints that in some cases law enforcement authorities failed to 
follow legal requirements and conducted unauthorized searches. In an 
effort to prevent unauthorized searches, the Public Ministry placed a 
representative, whose job was to approve searches, in each of the PTJ's 
divisions. The authorities may not enter private residences except with 
the owner's permission or by written order from the appropriate 
authority for specific purposes, such as entry to assist the victims of 
crime or disaster or to conduct lawful health and safety inspections. 
The authorities may not examine private papers and correspondence, 
except as properly authorized by competent legal authority and in the 
presence of the owner, a family member, or two neighbors.
    Although the Constitution prohibits all wiretapping, the Government 
maintained that wiretapping with judicial approval was legal, and that 
the Attorney General may authorize a wiretap when confronted with 
probable cause in a serious crime. The law allows the Public Ministry 
to engage in undercover operations, including ``videotaping and 
recording of conversations and telephonic communications.'' In November 
a controversy developed when it was reported that wiretapping took 
place under presidential authority for alleged national security 
reasons. The Supreme Court had not issued a final ruling on whether 
wiretapping was constitutional, but it remained an established 
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, the Government sometimes 
did not respect these rights in practice, and at times the media were 
subject to political and economic pressure. The Government and public 
figures made frequent use of libel and ``disrespect for authority'' 
laws to confront and attempt to intimidate journalists who allegedly 
were ``irresponsible'' or who besmirched the honor of a particular 
government institution or leader.
    There was an active and often adversarial press and a broad range 
of print and electronic media outlets, including newspapers, radio and 
television broadcasts, and domestic and foreign cable stations. Five 
national daily newspapers, 4 commercial television stations, 2 
educational television stations, and approximately 100 radio stations 
provided a broad choice of informational sources; all were privately or 
institutionally owned except for 1 government-owned television station. 
The law prohibits newspapers from holding radio and television 
concessions, and vice versa. While many media outlets took identifiable 
editorial positions, the media carried a wide variety of political 
commentaries and other perspectives, both local and foreign. There was 
a concentration of control of television outlets in the hands of close 
relatives and associates of former President Perez Balladares, who was 
a member of the largest opposition party.
    Domestic and foreign journalists worked and traveled freely 
throughout the country. The law requires directors and deputy directors 
of media outlets to be citizens.
    On January 22, a new ``transparency law'' took effect, providing 
for the public to obtain information from and about public entities. In 
June the President issued an executive decree, ostensibly codifying the 
law, but which severely limited it by imposing new and highly 
cumbersome regulations for those wishing to acquire public information. 
Several dozen requests were made under the new law, and most were not 
honored by the institutions; through October, 45 had been appealed to 
various courts but only 8 were approved. The Ombudsman and other groups 
asked that the decree be declared unconstitutional. The Solicitor 
General opined that it was unlawful and asked for a three-member bench 
of the Supreme Court to review it, which was underway at year's end.
    Under ``gag laws'' dating from the military dictatorship, the 
Government has legal authority to prosecute media owners and reporters 
for criminal libel and calumny. A special executive branch authority 
had discretionary powers to administer the libel laws, which provided 
for fines and imprisonment for up to 2 years. Under the statute, 
opinions, comments, or criticism of government officials acting in 
their official capacity were exempted specifically from libel 
prosecution; however, a section of the law allowed for the immediate 
sanctioning of journalists who showed ``disrespect'' for the office of 
certain government officials. A 1999 law eliminated gag laws; however, 
legal actions against many journalists remained pending, and vestiges 
of the former gag laws still provided a means for charging journalists 
with defamation. The IACHR, the Inter-American Press Association, 
Reporters Without Borders, and other groups criticized these measures 
as efforts to censor the press. The domestic media faced increased 
pressure during the year from elements in the Government for 
criticizing policies or officials. As of December, the Ombudsman 
reported 50 active cases of journalists facing defamation charges 
brought under the criminal justice system. In 40 completed cases, the 
courts sentenced journalists in 23 instances; the others were dismissed 
or the accused found not guilty.
    The appeal of El Siglo newspaper editor Carlos Singares of his 1999 
conviction for criminal libel and his sentence to 20 months in prison 
was pending at year's end. While Singares was in jail due to articles 
accusing Attorney General Jose Antonio Sossa of illicit activities, a 
court sentenced him to 20 months in prison for criminal libel against 
former President Perez Balladares. Singares was free during his appeal.
    A court upheld the 2000 conviction of Jean Marcel Chery, a reporter 
for the daily newspaper Panama America, for criminal libel and 
confirmed the sentence of 18 months in jail and a fine of $400.
    In September 2001, the Moscoso Administration ordered the arrest of 
Ubaldo Davis and Joel Diaz, two editors of the weekly tabloid La 
Cascara, for libel and for impugning the honor of various 
administration officials, including the President. In July a court 
acquitted Diaz but found Davis guilty and sentenced him to 14 months in 
prison and a suspension from practicing his profession for 12 months. 
The judge allowed the prison sentence to be replaced by a $1,500 fine, 
which Davis appealed, but an appellate court upheld the judge's 
decision.
    In October 2001, a former vice president filed charges against 
editorial cartoonist Julio Briceno for lampooning him in the daily 
newspaper La Prensa. Briceno asked that the case be dismissed; during 
the year his request was denied, as was an appeal, and he could not 
leave the country pending trial.
    In 1998 then-PNP Director Jose Luis Sosa used the libel laws to 
bring charges against law professor and former Moscoso adviser Miguel 
Bernal for statements that criticized the PNP. In May 2001, Bernal 
appealed, which was denied in September 2001. Bernal then appealed the 
denial, and in May a judge dismissed the case. Human rights advocates 
called it a victory for press freedom.
    The press laws provide for the establishment of a censorship board, 
which monitored radio transmissions and had the authority to fine 
stations that violated norms regarding vulgar, profane, or obscene 
language.
    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 right of peaceful assembly, and the Government 
generally respected this right in practice. No authorization is needed 
for outdoor assembly, although prior notification for administrative 
purposes is required. Throughout much of the year, police showed 
restraint and professionalism while monitoring large protests by 
students, political activists, prisoners, and workers; however, police 
commonly used tear gas against protesters.
    There were several public demonstrations throughout the year, 
including a major public protest against corruption held in Panama 
City. Several times during the year, rural groups protested against the 
presence of Panama Canal authorities in the watershed and potential 
expansion of the canal. In August rioting broke out in Colon for 2 
days, ostensibly to protest the persistently high unemployment there. 
Stores and street markets were shut down, and protesters reportedly 
damaged a few cars. The PNP fired rubber bullets not aimed directly at 
protesters, who responded with marbles.
    The Constitution provides for the right of association, and the 
Government generally respected this right in practice. Citizens had the 
right to form associations and professional or civic groups. New 
political parties must meet strict membership and organizational 
standards to gain official recognition and participate in national 
campaigns.

    c. Freedom of Religion.--The Constitution, although recognizing 
Catholicism as ``the religion of the majority of Panamanians,'' 
provides for free exercise of all religious beliefs, provided that 
``Christian morality and public order'' are respected. The Government 
generally respected religious freedom in practice, and there was a 
broad diversity of religions.
    The Constitution prohibits clerics from holding public office, 
except as related to social assistance, education, or scientific 
research. However, Catholicism enjoyed certain state-sanctioned 
advantages over other faiths. For example, the Constitution mandates 
that Catholicism be taught in public schools, although parents had the 
right to exempt their children from religious 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 enforced exit permit requirements for foreigners who 
overstayed their initial visas. A 9:00 p.m. curfew for unaccompanied 
minors in the Panama City area remained in effect, although enforcement 
generally was lax.
    The law provides for granting refugee status in accordance with the 
1951 U.N. Convention Relating to the Status of Refugees and its 1967 
Protocol. A 1998 decree grants protection to all persons entering the 
country due to ``state persecution based on race, gender, religion, 
nationality, social group, or political opinion.'' The decree grants 2 
months' temporary protection to ``displaced persons'' in the case of a 
large influx. The U.N. High Commissioner for Refugees (UNHCR) 
criticized the decree because it put persons at risk for forced 
repatriation within a few weeks of entering the country, without 
analysis of their possible refugee status. In practice, the Government 
did not enforce the 2-month time limit. The Government has not forcibly 
repatriated displaced Colombians, and many Colombians have lived in the 
country for years without formal refugee status.
    The 1998 decree contains provisions for first asylum, and there 
were 87 new asylum applications during the first 6 months of the year. 
During the year, the authorities granted refugee status to 47 
Colombians, rejected 26 applications, and asked 10 applicants for more 
information. The Government generally cooperated with the office of the 
UNHCR and other humanitarian organizations in assisting refugees. 
However, the Government generally was reluctant to classify displaced 
Colombians as refugees because of historic ties and the amount of 
movement between border communities. The UNHCR regularly visited the 
country to monitor and to aid displaced Colombians. The authorities 
refused entry to many Colombians who arrived by air and could not show 
that they had at least $500.
    Large groups of displaced persons periodically fled violence in 
Colombia by crossing the border into Panama. In 1999 approximately 800 
Colombians fled violence in the Colombian town of Jurado and settled in 
the Darien town of Jaque. Since their arrival, the Government has 
cooperated with the Catholic Church and the UNHCR to provide these 
displaced persons with humanitarian assistance. It was difficult to 
estimate the number of displaced persons living temporarily in Darien 
because many entered and departed over short periods of time; others 
were in transit and hoped to go to other nations; and many did not 
report to any government office or NGO. There also were a number of 
citizens from countries such as Brazil, Ecuador, Peru, and African 
nations living there. Estimates of Colombians living in the Darien 
varied from 500 to 2,000; most placed the number around 1,500. 
According to the UNHCR, there were 763 Colombians under temporary 
protective status in the country.
    The Government offered Colombians the chance to participate in a 
voluntary repatriation program in coordination with the Government of 
Colombia, and many agreed to return. The Government, along with the 
UNHCR and the Catholic Church, provided displaced Colombians with food, 
medical care, and access to public services, including schools and 
clinics. The Government provided these services in Jaque and other 
areas of the Darien. However, many displaced Colombians living along 
the remote Darien border area were beyond the reach of organized 
assistance from the Government, the UNHCR, or the Church.
    Colombian migration significantly increased pressures on local 
populations in the Darien and caused the displacement of Panamanian 
citizens. In addition, the Government suspected that Colombian 
migration concealed or attracted the presence of armed Colombian groups 
in the Darien region (see Sections 1.a and 1.b.). The effects of 
Colombian migration also were evident in Panama City and Colon, where 
large populations of Colombians have settled. Late in the year, the new 
Minister of government and Justice ordered a census of Colombians 
living in the country.
    There were no reports of the forced return of persons to a country 
where they feared persecution; however, throughout the year, there were 
unconfirmed reports that the police along the border, on a case-by-case 
basis, required Colombians to return to Colombia.

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 freely exercised this right in the 1999 
general elections. The Constitution provides for a representative 
democracy with direct popular election by secret ballot of the 
President, two vice presidents, legislators, and local representatives 
every 5 years. Naturalized citizens may not hold certain categories of 
elective office. The independent Electoral Tribunal arranges and 
supervises elections. While the Constitution provides for independent 
legislative and judicial branches, the executive dominated in practice. 
The Government respected the rights of its citizens to join any 
political party, propagate their views, and vote for candidates of 
their choice.
    In May 1999, Arnulfista presidential candidate Mireya Moscoso 
defeated Democratic Revolutionary Party (PRD) candidate Martin Torrijos 
and Christian Democratic Party candidate Alberto Vallarino, winning 
44.8 percent of the popular vote. Domestic and international observers 
characterized the elections as generally free and fair; however, 
several local contests were marred by reports of vote buying. Until 
September 2000, President Moscoso maintained a one-vote majority in the 
Legislative Assembly, which she lost when the party's coalition 
realigned. In September Moscoso's party regained control of the 
Assembly through an ad hoc coalition that included renegade opposition 
party legislators.
    In October there was a possible theft of citizen identity cards, 
which could be used to commit electoral fraud. The electoral tribunal 
took a series of measure to restore citizen confidence and to issue 
new, more secure, identity cards. It also turned to the international 
community to request assistance to monitor the election process and to 
restore the integrity of the electoral system.
    Several members of the main opposition PRD party alleged that there 
was undue presidential influence over the judiciary and the electoral 
tribunal, which heard a case of expulsion against one of the renegade 
PRD legislators as the Assembly leadership was being selected. PRD 
officials also asserted that appointments to the Supreme Court were 
made to lay the groundwork for potential electoral fraud in 2004.
    There were no legal barriers to participation in government or 
politics by women, members of minorities, or persons of indigenous 
descent, and women's participation increased in the past several years. 
Mireya Moscoso was the country's first female president. Women held 7 
of 71 Legislative Assembly seats; a woman served as the Assembly's 
first vice president in 1999-2000, another woman held this position for 
the 2000-2001 legislative period, and a third woman was elected for the 
2001-02 period. Three women held positions in the 13-member Cabinet, 1 
female judge remained on the Supreme Court, and a woman was the 
director of the Public Registry.
    The Government provided semiautonomous status to several indigenous 
groups in their homelands, including the Kuna Yala, Ngobe-Bugle, Embera 
Wounaan, Kuna de Madungandi, and Kuna de Wargandi comarcas (reserves). 
There were dedicated seats for two Kuna Yala legislators in the 
Legislative Assembly, and three will be added for the Ngobe-Bugle 
comarca in the 2004 elections. Neither the Madugandi nor the Embera-
Wounaan reserve had its own dedicated legislators, but each had a 
separate governor. In addition to the two Kuna Yala seats, legislators 
who were Ngobe-Bugle and Embera represented other districts in the 
Assembly.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Human rights organizations, including both religious and secular 
groups, operated without government restrictions. These organizations 
carried out a full range of activities, including investigations and 
dissemination of their findings. Organizations generally had access to 
government officials while conducting investigations.
    The office of Human Rights Ombudsman received complaints from 
citizens regarding abuses or violations committed by public servants or 
government institutions, collected information, confronted accused 
public institutions or employees, and conducted studies to promote 
international human rights standards. Although the Ombudsman had no 
coercive authority beyond moral suasion, he could confront public 
institutions and employees with their misdeeds. In March 2001, the 
Legislative Assembly elected attorney Juan Antonio Tejada Espino as 
Ombudsman for a 5-year term.
    For the 12 months ending in March, the Ombudsman's Office received 
798 complaints against the Government. Of this number, 765 were against 
public institutions, and 33 were against businesses operating under a 
government concession. During the year, the Ombudsman acted as a 
mediator between the Government and medical associations in a 15-day 
medical strike; highlighted dangerous conditions in Chorrera and other 
prisons; encouraged the President's office to publish all its official 
expenses (salaries, trips, etc.); published a report on the Truth 
Commission and persons who disappeared; and assisted in two cases of 
citizens held abroad.
    On April 18, the Truth Commission presented its final report to 
President Moscoso and Attorney General Sossa (see Sections 1.a. and 
1.b.). The Commission collected eyewitness testimonials, domestic and 
foreign government documents, and anonymous information and received 
support from foreign forensic anthropologists to aid in its 
investigations. Ultimately, the commission investigated 110 cases, 
concluding that 70 persons were murdered, while 40 were still missing. 
One-half the cases were from 1969-72, 20 percent related to 1973-83, 
and 28 percent were from 1984-89. Eleven of the 1984-89 victims were 
murdered during the October 1989 attempted coup.
    Although the official mandate of the Commission ended with its 
report, an office with a scaled-down staff continued to operate, 
awaiting DNA test results and excavating identified sites that were not 
completed during the Commission's 15-month mandate. This office 
continued to press the Public Ministry to open or reopen cases based on 
findings in its report. Additionally, and with COFADEPA (Committee of 
the Relatives of Panama's Disappeared) support, the Commission called 
upon the Government to create a public memorial and an official holiday 
in honor of the victims, to compensate victims' families, to bring 
human rights violators to justice, and to teach children about human 
rights violations in school. Although the Foreign Minister said that 
the Government should compensate victims' families, it took no action 
in response to these recommendations by year's end.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution prohibits either special privileges or 
discrimination on the basis of race, birth status, social class, sex, 
or political views. However, societal prejudices persisted. Cases of 
discrimination were difficult to prove, and legal remedies for victims 
were complicated, time-consuming, and costly. There were unconfirmed 
reports of violence perpetrated against homosexual men.

    Women.--Domestic violence against women continued to be a serious 
problem. The 1995 Family Code criminalized family violence (including 
psychological, physical, or sexual abuse), but convictions were rare 
unless a death occurred. In September 2001, the code was revised to 
strengthen the penalties for domestic violence and to include penalties 
for domestic sexual assault. The PTJ registered 1,801 cases of domestic 
violence during the year, compared with 673 during 2001. As of 
November, the PTJ also received 506 cases of rape and 99 cases of 
attempted rape during the year, compared with 395 cases of rape and 82 
cases of attempted rape in all of 2001. The Center for Women's 
Development estimated that victims reported as few as 20 percent of 
sexual assaults to judicial or law enforcement authorities. Spouses or 
other family members frequently were the perpetrators. The Foundation 
for the Promotion of the Woman, among other women's advocacy groups and 
government agencies, operated programs to assist victims of abuse and 
to educate women on their legal rights.
    Trafficking in women was a problem (see Section 6.f.).
    The Labor Code prohibits sexual harassment; however, it remained a 
problem. Anecdotal evidence suggested that many women were 
propositioned for sexual favors at the time of their initial job 
interview.
    The 1995 Family Code recognizes joint or common property in 
marriages. However, insufficient resources hampered government efforts 
to enforce the code's provisions effectively. According to a Supreme 
Court justice, 80 family judges were required to handle this caseload; 
however, only 20 had been appointed due to lack of resources.
    The Constitution mandates equal pay for men and women in equivalent 
jobs, but wages paid to women were on average 30 to 35 percent lower 
and increased at a slower rate. There were credible reports of 
irregular hiring practices based upon age and ``appearance.'' A 1998 
law prohibits discrimination on the basis of sex.
    The Ministry of Women, Youth, Family, and Childhood was largely a 
consolidation of departments previously operating in other government 
ministries, and its activities did not attract a great deal of public 
attention. Through the National Directorate of Women and the Center for 
Gender Training, the Ministry promoted equality of women in the 
workplace and equal pay for equal work, attempted to reduce sexual 
harassment, and advocated legal reforms. A number of private women's 
rights groups concentrated on disseminating information about women's 
rights, countering domestic abuse, enhancing employment and other 
skills, and pressing for legal reforms.

    Children.--Minors (under 18 years of age) represented 37 percent of 
the population. Education is compulsory through the equivalent of 9th 
grade, but children did not always attend school due to traditional 
attitudes, financial considerations of the family, lack of 
transportation, and insufficient government resources to enforce the 
requirement. The problem was most extreme in Darien Province and among 
indigenous groups. The Government furnished basic health care for 
children through local clinics run by the Ministry of Health, but 
clinics were difficult to reach from rural areas and often lacked 
medicine. A central children's hospital in Panama City operated with 
government funds as well as private donations.
    The Ministry of Women, Youth, Family, and Childhood concentrated on 
child welfare problems such as children begging in the streets and 
roaming cities at night, infant and child malnutrition, and juvenile 
delinquency and gangs. The Ministry also sponsored a youth conference 
that attracted several thousand participants. A U.N. Development 
Program report showed that despite a relatively high proportion of 
public spending devoted to social programs, poor results on human 
development indicators suggested that the funds were not used 
efficiently.
    The Superior Tribunal for Minors and Superior Tribunal for Families 
are judicial authorities charged with overseeing the protection and 
care of minors. The Minister of Women, Youth, Family, and Childhood 
acted much like an ombudsman, and the office proposed and reviewed laws 
and monitored government performance. Through November the PTJ 
registered 224 cases of child abuse, compared with 102 through 
September 2001. Neglect of children was a problem. Malnutrition and 
inadequate medical care were generalized problems, most severe among 
rural indigenous groups. Child labor and trafficking in children were 
problems (see Sections 6.d. and 6.f.).
    Inadequate resources and training available to the family courts 
resulted in several controversial decisions, including one highly 
publicized case in which a child was returned to an abusive situation.
    Juvenile courts continued to report a high incidence of juvenile 
delinquency in major urban areas. The authorities reported a continued 
increase in such crimes as drug trafficking, armed robberies, 
kidnapings, car thefts, and murders attributed to juveniles. Youth 
participation in criminal gangs was an increasing problem. Police 
arrested and detained children for minor infractions during 
neighborhood sweeps.

    Persons with Disabilities.--The Ministry of Education was 
responsible for educating and training minors with disabilities, while 
the Ministry of Women, Youth, Family, and Childhood protected the 
rights of adults with disabilities. Children with disabilities 
traditionally were separated from the general population; however, a 
2000 law required schools to integrate children with special needs into 
the student body, and this law generally was enforced.
    The Department of Labor was responsible for placing workers with 
disabilities in suitable jobs. Placement remained difficult despite a 
1993 executive order granting tax incentives to firms that hire 
disabled employees. Persons with disabilities also tended to be paid 
less than employees without disabilities for performing the same job.
    Panama City's building code requires that all new construction 
projects be accessible to persons with disabilities, with fines from 
$100 to $500 for noncompliance. A national law with similar 
requirements for new construction projects generally was enforced. 
Awareness of disability issues has increased, and commercial 
establishments increasingly provided and enforced handicapped parking 
spaces. However, basic services such as handicapped-accessible 
sidewalks and bathrooms were largely unavailable.

    Indigenous Persons.--The Constitution protects the ethnic identity 
and native languages of indigenous people and requires the Government 
to provide bilingual literacy programs in indigenous communities. 
Indigenous people have legal rights and take part in decisions 
affecting their lands, cultures, traditions, and the allocation of 
natural resources. Indigenous people numbered approximately 229,000 (8 
percent of the population) and had the same political and legal rights 
as other citizens. The Government has passed legislation setting aside 
indigenous reserves for five of the country's seven native groups, 
including the Embera-Wounaan, Ngobe-Bugle, and Kuna. Tribal chiefs 
governed each reserve; they met in a general congress at regular 
intervals. The much smaller Bri-Bri (1,500 members) and Naso (2,800 
members) tribes did not have enclaves; they resided near the border 
with Costa Rica. The Ministry of government and Justice in Panama City 
maintained an Office of Indigenous Policy. Federal law is the ultimate 
authority on indigenous reserves, but local groups were allowed 
considerable local autonomy. For example, the Government recognized 
traditional indigenous marriage rites as the equivalent of a civil 
ceremony. Laws protect intellectual property rights of indigenous 
artwork and set up regulations for artisan fairs. Despite legal 
protection and formal equality, indigenous people generally had 
relatively higher levels of poverty, disease, malnutrition, and 
illiteracy than the rest of the population. The poverty rate among the 
entire indigenous population was estimated between 85 and 96 percent, 
depending on the group. Discrimination against indigenous people, 
although generally not overt, was widespread.
    In July a 13-year-old indigenous Wounaan girl was shot and killed, 
apparently by accident, in a PNP compound (see Section 1.a.). Some 
indigenous leaders in Darien Province asked the PNP not to locate 
police compounds so close to or directly in a comarca and claimed that 
the PNP presence interfered with their culture and daily activities. 
The PNP stated that the police needed to be there precisely to protect 
the area from attacks from neighboring Colombia, and other indigenous 
groups asked the PNP to stay where they were.
    Although their population suffers from poverty and malnutrition, 
Kuna leaders have succeeded in enforcing their territorial boundaries 
and maintaining their cultural integrity. A 190-acre Kuna Wargandi 
reserve was created in 2000. There were two Kuna legislators (see 
Section 3). Other indigenous groups had not succeeded in using their 
autonomy to preserve their culture or develop economic independence. 
Most lived in extreme poverty and isolation. Illiteracy among 
indigenous groups was almost 50 percent, compared with 10 percent among 
the population as a whole.
    Since indigenous populations infrequently mastered Spanish and were 
unfamiliar with the legal system, they often misunderstood their rights 
and failed to employ legal channels when threatened. The problem was 
exacerbated by government inattention to indigenous problems. For 
example, many Embera-Wounaan in the Darien were forced out of their 
reserves due to encroachment by settlers, loggers, and Colombian 
immigrants. The Ngobe also were under threat due to the isolation of 
their reserves, encroachment by settlers, and generalized poverty. 
Indigenous workers consistently did not receive the basic rights 
provided by the Labor Code, such as minimum wage, social security 
benefits, termination pay, and job security. Indigenous laborers in the 
country's sugar, coffee, and banana plantations worked under worse 
conditions than their nonindigenous counterparts. Indigenous migrant 
workers were unlikely to be provided with housing or food, and their 
children were much more likely to work long hours of heavy farm labor 
than nonindigenous children (see Section 6.d.).

    National/Racial/Ethnic Minorities.--The country is racially 
diverse, and minority groups generally have been integrated into 
mainstream society with overall success. However, discrimination 
against the country's newer immigrants, especially Chinese, often was 
overt. There were an estimated 150,000 to 200,000 persons of Chinese 
descent or admixture. Cultural differences and language difficulties 
hindered and possibly prevented many Chinese immigrants from fully 
integrating into mainstream society. In addition, Panamanians often 
resented Chinese immigrants. Racial slurs directed at Asians were used 
openly among the general population, and substantial numbers of first 
generation resident Chinese frequently were treated as second-class 
citizens. However, second and third generation Chinese were seen as 
distinct from recent immigrants and generally were accepted in society.
    Middle Eastern and Indian residents, like the Chinese, also 
suffered from racially motivated discriminatory treatment. All three 
groups operated much of the country's retail trade, particularly in 
urban areas. Legal and illegal immigrants, especially Chinese, were 
accorded fewer legal protections than were citizens for their trade 
activities. A constitutional provision reserving retail trade for 
Panamanian citizens was not enforced in practice; however, immigrants 
legally could not own their businesses and sometimes encountered 
bureaucratic difficulties in practicing their professions.
    Racism against blacks occurred, although it generally was expressed 
in more subtle terms. Afro-Panamanians made up about 14 percent of the 
population; mixed black and mestizo accounted for about 40 percent; 
however, blacks were conspicuously absent from positions of political 
and economic power. Antillean blacks, often identifiable by dress and 
speech pattern, were a particular target for racial slurs and poor 
treatment by citizens and by Spanish-speaking blacks. Their geographic 
clustering in the economically depressed province of Colon and poorer 
neighborhoods of Panama City heightened their isolation from mainstream 
society. Black canal workers traditionally commanded significantly 
greater financial resources compared with blacks elsewhere in society, 
but many retired or emigrated, and there was some anecdotal evidence 
that the rest were being replaced by white personnel. Mainstream 
political elites generally were unconcerned by the economic and social 
problems of black populations and a concomitant rise in drug use, 
crime, and gang violence. The country's white elite successfully 
marginalized citizens with darker skin through preferential hiring 
practices in the private sector and manipulation of government 
resources in the public sector. The predominately Afro-Panamanian city 
of Colon, on the Caribbean coast and the country's second largest city, 
suffered from a conspicuous lack of government services.
    Racial discrimination against all ethnic groups was evident in the 
workplace. In general, light-skinned persons were represented 
disproportionately in management positions and jobs that required 
dealing with the public (such as bank tellers and receptionists).

Section 6. Worker Rights

    a. The Right of Association.--Private sector workers had the right 
to form and join unions of their choice, subject to the union's 
registration by the Government. A 1995 labor code reform established 
the minimum size of unions at 40 workers and streamlined the 
accreditation and registration process for unions by providing that if 
the Government does not respond to an application within 15 days, the 
union automatically gains recognition with all rights and privileges 
under the law. Employees of small companies may organize under a larger 
umbrella group of employees with similar skills and form a union as 
long as they number at least 40. The International Labor Organization 
(ILO) repeatedly criticized this 40-person limit and asked the 
Government to change it, with no response. The reformed code also 
allowed labor leaders to keep their union positions if fired from their 
jobs.
    In February 2001, the Inter-American Court of Human Rights ruled 
that the firing in 1990 of 270 public sector electricity and 
telecommunications workers, which the Government justified based upon 
``public good'' provisions in the law and the Constitution, was not 
legal and proper. The Court gave the Government until June 30, 2003, to 
present a report to justify its decision and recommended that the 
workers be compensated, and that the Government also pay a fine. At 
year's end, the Labor Ministry was preparing a response to the Court's 
decision.
    Approximately 10 percent of the total employed labor force was 
organized. There were 341 active unions, grouped under 39 federations 
and 10 confederations representing approximately 130,000 members in the 
private sector. Neither the Government nor political parties outwardly 
controlled or financed unions; however, the Government and political 
parties exercised political, ideological, or financial influence over 
some unions. The labor sector traditionally supported the PRD.
    The 1994 Civil Service Law permits most government workers to form 
public employee associations and federations and establishes their 
right to represent members in collective bargaining with their 
respective agencies. It also provides a small core of civil servants 
with the right to strike, bargain collectively, and evade summary 
dismissal, except for those in areas vital to public welfare and 
security, such as the police and health workers. However, the law has 
proven insufficient to protect the country's 150,000 government 
workers, because only a small percentage were career members of the 
administrative civil service and therefore enjoyed job security. While 
the right to strike applied to some of the 10,000 career members, it 
did not apply to the approximately 140,000 other government workers. 
Public workers formed a union, but it had very limited rights and could 
not strike or bargain collectively. The ILO's Committee of Experts has 
observed for some years that the prohibition of public servants' 
associations is inconsistent with the country's obligations under ILO 
Convention 87.
    The law governing the autonomous Panama Canal Authority prohibits 
the right to strike for its 9,000 employees, but does allow unions to 
organize and to bargain collectively on such issues as hours and 
safety.
    Union organizations at every level may and do affiliate with 
international bodies.

    b. The Right to Organize and Bargain Collectively.--The Labor Code 
provides most workers, including all private sector workers, with the 
right to organize and bargain collectively, and unions exercised it 
widely. The law protects union workers from antiunion discrimination 
and requires employers to reinstate workers fired for union activities. 
The Ministry of Labor had mechanisms to resolve such complaints. The 
Civil Service Law allows most public employees to organize and bargain 
collectively and grants some of them a limited right to strike; 
however, 140,000 government workers did not have the right to bargain 
collectively or to strike. The 1994 Civil Service Act requires that at 
least 50 percent of the workforce continue to work in order to provide 
minimum service. The Labor Code establishes a conciliation board in the 
Ministry of Labor to resolve labor complaints and provides a procedure 
for arbitration.
    In 1999 the Supreme Court ruled that an article of the Labor Code 
that obligated private sector strikers to submit to binding arbitration 
after a given period was unconstitutional. There were some strikes and 
protests during the year, especially in the banana and construction 
industries. None of the strikes led to widespread violence.
    Employers commonly hired temporary workers to circumvent labor code 
requirements for permanent workers. Temporary workers were excluded 
from social security benefits, job security, and vacation time. In 
lower-skilled service jobs, employers often had some employees under 
``3-month contracts'' for years, sometimes sent such employees home for 
a month, and then rehired them. Employers also circumvented the law 
requiring a 2-week notice for discharges by laying off some employees 1 
day before the 3-month time period expired, or 1 week before a holiday. 
In addition, due to labor laws that made it difficult to fire employees 
of 2 years or more, it was not uncommon to hire workers for 1 year and 
11 months and then to lay them off.
    Labor law requires companies to submit copies of all labor 
contracts for permanent workers to the Labor Ministry for review to 
ensure compliance and requires the Labor Ministry to conduct periodic 
inspections of the work force. The Labor Ministry may levy fines 
against companies not in compliance with the law. However, these 
measures proved ineffective in practice. According to union sources, 
the practice of ``blank'' contracts that did not specify starting 
dates, in order that the employer could avoid longevity issues, was 
becoming more widespread.
    Over the past 6 years, the Government issued cabinet decrees that 
precluded effective organization of unions in export processing zones 
(EPZs), including by restricting strikes and permitting negotiations 
with workers who are represented by a union. Unions asserted that this 
latter practice resulted in negotiations with employee groups that were 
dominated by employers. There were no collective bargaining contracts 
in the EPZs. The law requires mandatory arbitration of disputes, and it 
allows for the participation of an unrepresentative worker delegate in 
the tripartite (government, labor, and industry) arbitration 
commission. A strike is considered legal only after 36 workdays of 
conciliation were exhausted; otherwise, striking workers could be fined 
or fired. A 1998 ILO ruling noted that this regulation did not mention 
arbitration or specify procedures to resolve disputes in the courts and 
called on the Government to amend the EPZ labor regulations to conform 
with international norms; however, the Government did not make any 
changes in response to the ruling. Minimum wage provisions did not 
apply in the EPZs.

    c. Prohibition of Forced or Bonded Labor.--The Labor Code prohibits 
forced or bonded labor by adults and children; however, trafficking in 
women and children was a problem (see Section 6.f.).

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Labor Code prohibits the employment of children under 
14 years of age with some exceptions, and also prohibits the employment 
of children under age 15 if the child has not completed primary school. 
However, a 2000 government report estimated that 27,000 children 
between the ages of 12 and 14 work. Children under age 16 legally 
cannot work overtime, and those under age 18 cannot work at night. 
Children between the ages of 12 and 15 may perform light farm or 
domestic work, with the authorization of the Labor Ministry, as long as 
it does not interfere with their schooling. Many children reportedly 
worked on rural coffee and sugar plantations, as well as in the 
informal sector of the economy. The Labor Code provides that children 
between the ages of 14 and 16 may work 6-hour shifts per day that do 
not exceed 36 hours a week. The Labor Code includes a prohibition on 
employment of minors under the age of 18 in hazardous labor. The 
Ministry of Labor enforced these provisions in response to complaints 
and could order the termination of unauthorized employment. The 
Government acknowledged that it was unable to enforce some child labor 
provisions in rural areas, and it conducted only limited inspections, 
due to insufficient staff.
    Child labor violations occurred most frequently in rural areas, 
during the harvest of sugar cane, coffee, bananas, and tomatoes. Farm 
owners usually paid according to the amount harvested, leading many 
laborers to bring their young children to the fields to help with the 
work. In many small rural communities, the entire able-bodied 
population participated in the harvest, and parents were not willing to 
leave their children behind unattended. Many children also were 
involved extensively in subsistence agriculture producing coffee and 
sugar; they worked with their families or were employed by independent 
plantations.
    The problem of child labor in agricultural areas appeared to fall 
most heavily on indigenous families, who often were forced to migrate 
out of their isolated reserves in search of paid work (see Section 5). 
These frequent migrations not only interrupted schooling but also left 
the family vulnerable to sometimes unscrupulous contractors. The 
Government claimed that due to insufficient staff, it was unable to 
enforce child labor provisions in rural areas such as in the coffee and 
banana plantations near the border with Costa Rica, where government 
resources were especially scarce and children faced difficult 
conditions (see Section 6.e.).
    Urban supermarkets used an estimated 1,500 children who bagged 
groceries for tips. Some of the children were as young as age 9, and 
many of them worked late hours, in violation of the Labor Code. Some 
supermarket managers claimed that the children actually were not 
employed by their firm, despite the fact that ``baggers'' conformed to 
schedules, wore uniforms, complied with company codes of conduct, and 
took orders from managers as if they were direct employees. The 
Government failed to act to reduce the general problem of urban child 
labor and did not challenge the larger supermarket chains where large 
numbers of children worked. Urban child labor problems also included 
children working as street vendors or performers, washing cars, and 
running errands for businesses or local criminal groups.

    e. Acceptable Conditions of Work.--The Labor Code establishes 
minimum wage rates for specific regions and for most categories of 
labor. The minimum wage ranged from $0.80 per hour to $1.50 per hour, 
depending on the region and sector. This wage was not sufficient to 
provide a decent standard of living for a worker and family. The 
Government last raised the base minimum wage in 2000 by approximately 
13 percent. With inflation below 3 percent per year and despite 
strenuous private sector objections, the Government undertook a legally 
required review of the minimum wage in August but had not altered it by 
year's end. Most workers formally employed in urban areas earned the 
minimum wage or more; however, about one-third of the population worked 
in the large informal sector and earned far below the minimum wage. 
This was particularly the case in most rural areas, where unskilled 
laborers earned $3 to $6 per day, without benefits; the Government did 
not enforce labor laws in most rural areas. Public sector workers did 
not fall under the Labor Code and did not always receive the minimum 
wage. The minimum wage did not apply in the EPZs (see Section 6.b.).
    The Labor Code establishes a standard workweek of 48 hours and 
provides for at least one 24-hour rest period weekly.
    The Ministry of Labor is responsible for enforcing health and 
safety standards and generally did so. The standards are fairly broad 
and generally emphasize safety over long-term health hazards. 
Inspectors from both the Labor Ministry and the occupational health 
section in the Social Security Administration conducted periodic 
inspections of hazardous employment sites and responded to complaints; 
however, the Government failed adequately to enforce health and safety 
standards. Construction workers and their employers were notoriously 
lax about conforming to basic safety measures. In rural areas, the most 
severe lack of oversight in basic safety measures occurred in the 
banana industry, where poisoning by chemical agents was a recurrent 
problem. Workers complained of sterility and of adverse skin conditions 
as a result of exposure to the chemicals. In several plantations, 
indigenous workers were not provided with shelters, sanitary or cooking 
facilities, or fresh water; they also did not have machetes or gloves 
for their work. Complaints of health problems also continued in the 
cement and milling industries.
    The law protects from dismissal workers who file requests for 
health and safety inspections. Workers also have the right to remove 
themselves from situations that present an immediate health or safety 
hazard without jeopardizing their employment. They generally were not 
allowed to do so if the threat was not immediate but may request a 
health and safety inspection to determine the extent and nature of the 
hazard.

    f. Trafficking in Persons.--The Penal Code prohibits trafficking in 
women and children; however, trafficking remained a problem. The Penal 
Code provides for prison sentences of 2 to 4 years for the promotion or 
facilitation of the entry to or exit from the country of a person for 
the purposes of prostitution. In some circumstances, the penalty is 
increased to 6 years. Minor corruption, legal technicalities, and lack 
of resources contributed to the Government's inability to combat the 
problem fully. Traffickers occasionally bribed or evaded local law 
enforcement officials. Prostitution is not illegal; most prostitutes 
came with that explicit intention. During the year, police and 
immigration officials occasionally conducted raids on houses of 
prostitution.
    The country was a destination for women and girls trafficked for 
sexual purposes from Colombia and the Dominican Republic. Trafficking 
in women and girls for sexual purposes occurred within the country, but 
the extent of the practice was unknown.
    According to a report by the NGO International Human Rights Law 
Institute, trafficking assumed a cover of legality under a visa program 
for ``alternadoras'' (escorts) managed by the Directorate of Migration 
and the Ministry of Labor. In 2000 more than 700 women from Colombia 
were granted such visas for temporary work, stating the club or massage 
parlor where they intended to work, so most came with the explicit 
intention of prostitution rather than being deceived with promises of 
other employment. During the year, only about 40-50 alternadora visas 
were granted.
    The country was primarily a transit point for aliens seeking to 
reach the United States, some of whom were trafficked into indentured 
servitude. The majority of the estimated 30,000 aliens transiting 
Panama originated in Ecuador and Peru, but a significant and increasing 
number came from India and China. Their travel was facilitated by a 
network of alien smugglers, travel agents, hotels, and safe houses. 
Prosecutions were rare, but one person was convicted for alien 
smuggling during the year. Anecdotal evidence indicated that illegal 
aliens transiting through the country were subject to frequent 
hardship. They commonly were deprived of adequate food and shelter. 
Chinese aliens particularly were vulnerable to poor treatment, and 
ultimately those trafficked for the purpose of forced labor were 
coerced into working off their debt, which could be as high as $30,000, 
as indentured servants. The Government did not conduct educational 
campaigns to warn of the dangers of trafficking, and there were no 
programs to aid victims.
                               __________

                                PARAGUAY

    Paraguay is a constitutional republic with three branches of 
government. The President is the Head of government and Head of State; 
he cannot succeed himself. Colorado Party Senator Luis Gonzalez Macchi 
assumed the presidency in March 1999; in August 2000, voters elected 
Julio Cesar Franco of the Liberal Party to be Vice President. The 
bicameral Congress is made up of a 45-member Senate and an 80-member 
Chamber of Deputies. The Colorado Party, the dominant political party, 
holds a plurality in both houses of Congress. The Constitution provides 
for an independent judiciary; however, the courts remained inefficient 
and subject to corruption and political pressure, although the Supreme 
Court continued to undertake judicial reforms to root out undue 
influence and corruption.
    The military generally no longer plays an overt role in politics; 
however, members of two army units and a group of National Police 
officers participated in an attempted coup in 2000. The National Police 
has responsibility for maintaining internal security and public order 
and reports to the Ministry of the Interior. The civilian authorities 
generally maintained effective control of the security forces. Members 
of the security forces committed some human rights abuses.
    The country has a market economy with a large state presence and a 
large informal sector. The population is approximately 5.8 million. In 
2001 the per capita gross domestic product (GDP) of $1,510 was lower in 
real terms than it was 10 years earlier, and the Central Bank projected 
negative 2.5 percent growth for 2002. An estimated 32 percent of the 
population was employed in agriculture, which provided 30 percent of 
the GDP and more than 90 percent of export earnings. The informal 
economy, estimated to equal the value of the formal sector, also has 
shrunk considerably in recent years.
    The Government generally respected the human rights of its citizens 
in most areas; however, there were serious problems in some areas. 
There were killings by the police and military. Incidents of torture 
and abuse of convicted prisoners and other detainees continued, 
including an unresolved case of abduction and torture of two kidnaping 
suspects, allegedly directed by government agents. The human rights 
ombudsman prosecuted cases of human rights abuses committed during the 
1954-89 Stroessner regime. Conditions in prisons throughout the country 
were substandard, marked by overcrowding and poor safety and control of 
inmates. Treatment of conscripts improved. Other problems included 
arbitrary arrests and detention, lengthy pretrial detention, corruption 
and inefficiency in the judiciary, and infringements on citizens' 
privacy rights. The Government's Inter-Institutional Commission on 
Human Rights took steps to reduce illegal military conscription; 
however, recruitment and conscription of underage minors continued. 
Police used force against nonviolent demonstrators. Violence and 
discrimination against women, abuse of children, and discrimination 
against persons with disabilities and indigenous people were problems. 
Worker rights were not protected adequately, and child labor existed. 
Paraguay 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.--The police and 
military were responsible for some killings involving the use of 
unwarranted or excessive force. There were reports of police officers 
killing persons while acting outside the scope of their duties, of 
deaths in custody, and of the killing of a military conscript.
    Officers Nelson Mora Leguizamon, Sinecio Camacho, and Edgar Herrera 
Caballero were charged in the May shooting death of taxi driver Carlos 
Villagra Lovera in Asuncion.
    In June demonstrator Calixto Cabral was shot and killed in Caacupe 
when National Police officers attempted to stop him and others opposed 
to the privatization of a telephone utility from marching to Asuncion. 
An investigation continued at year's end.
    In September Tacumbu Prison inmate Gustavo Ramon Portillo allegedly 
killed fellow inmate Luis Alberto Martinez during an argument in the 
prison.
    In October police officers Edison Torres, Roque ``Rambo'' Fretes, 
and Rodolfo Fernandez were arrested in connection with the October 
shooting death of Cinthia Fretes. Witnesses reportedly said that the 
officers fired upon a vehicle in which several people, including 
Cinthia Fretes, were riding. The investigation was pending at year's 
end.
    In November police in Ciudad del Este charged police officer Adan 
Ramirez Olazar with the November shooting death of Roberto Carlos 
Paniagua Jara. Ramirez Olazar reportedly shot Panigua while he was 
trying to mediate a dispute between the police officer and a third man. 
The trial was pending at year's end.
    In November underage military conscript Luis Fernando Bobadilla 
Acuna died of a gunshot wound while on duty. Military authorities 
determined preliminarily that the death was accidental, but family 
members contended that he was murdered. An investigation continued at 
year's end (see Section 1.f.).
    Off-duty police officers Juan Carlos Ocholasky, Reinaldo Dario 
Nunez Rojas, and Richard Jimenez Perez were convicted in the September 
2001 murder of Jose Vera, whom they kidnaped in Asuncion and tortured 
before shooting him to death.
    In April prosecutors recommended that nine police officers 
implicated in the November 2001 shooting death of Miguel Casco 
Valdovinos each be sentenced to 25 years in prison. Casco Valdovinos 
died in Curuguaty while in police custody.
    In August the nongovernmental organization (NGO) Human Rights Watch 
(HRW) asked the Government to investigate deaths among military 
recruits in the armed forces. HRW indicated that it had received 
information that 111 recruits had died while in service since 1989, the 
majority of whom were under 18 years of age, and noted that most of the 
investigations of these deaths had not been resolved (see Section 
1.f.).
    In September police officer Pedro Recalde Aguilar was sentenced to 
22 years in jail for killing two men in 1998.
    In September lawyers from the NGO Committee of Churches petitioned 
the Foreign Ministry to continue prosecuting a motion to extradite 
Alfredo Stroessner from Brazil to stand trial for a murder committed in 
1987. A December 2001 petition to extradite Stroessner for the 1976 
killings of Rodolfo and Benjamin Ramirez remained pending at year's 
end.
    No information was available on investigations in the case of a 14-
year-old inmate at the Neuropsychiatric Hospital in Asuncion who died 
in 2000 (see Section 5).
    In the continuing investigation of the 1999 death of Jose ``Coco'' 
Villar, whom police officers allegedly shot and killed, a judge ordered 
a new forensic examination after an investigation proved that an 
earlier examination was falsified. The investigation was underway at 
year's end.
    At year's end, prosecutors still were investigating the 2000 death 
of a juvenile military recruit, Pedro Centurion.
    In the case of the 1999 killing of Vice President Luis Maria Argana 
and seven antigovernment protesters (see Section 1.d.), sanctions 
against three of the four alleged ringleaders were discontinued. Former 
army commander Lino Oviedo faced charges in connection with these 
killings; at year's end, Oviedo remained in Brazil (see Section 1.d.).

    b. Disappearance.--There were no reports of politically motivated 
disappearances.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture as well as cruel, 
inhuman, or degrading punishment or treatment; however, torture 
(primarily beatings) and brutal and degrading treatment of convicted 
prisoners and other detainees continued. The Paraguay Human Rights 
Coordinating Board (CODEHUPY)--a group of 32 NGOs, civic organizations, 
and trade unions--reported several cases of police torture and other 
abusive treatment of persons, including women and children, designed to 
extract confessions, punish escape attempts, or intimidate detainees. 
The Attorney General's office and the NGO Committee of Churches 
compiled numerous examples of police abuse.
    In January law enforcement agents from the Attorney General's 
office allegedly kidnaped leftist political figures Juan Arrom and 
Asuncion Marti, tortured them, and threatened their lives. Arrom and 
Marti, suspects in the kidnaping of Maria Bordon de Debernardi, 
allegedly were held for 2 weeks and freed by family members who said 
they were tipped off by neighbors and police. Interior Minister Julio 
Cesar Fanego, Justice and Labor Minister Silvio Ferreira, Police Chief 
Blas Chamorro, and Investigations Chief Roberto Gonzalez Cuquejo all 
resigned shortly after the Arrom/Marti incident. Two police officers 
were arrested and then released, and another continued under 
investigation. Arrom and Marti alleged that Fanego and Ferreira knew 
that they were being held against their will but did nothing. No 
charges were filed against the former ministers. The Government's 
national intelligence service was disbanded because of information 
compiled during the investigation of the Arrom and Marti kidnaping. The 
Government complied with the Inter-American Commission on Human Rights' 
(IACHR) request for information on the case. In December prosecutors 
filed kidnaping charges against Arrom and Marti; at year's end, they 
remained free on bail pending trial.
    In January lawyers for the country's Human Rights Commission 
alleged that police officers tortured Victor Colman and Jorge Samudio, 
later charged in the Debernardi kidnaping, after arresting the two men. 
The Interior Ministry denied that its officers had tortured the men, 
acknowledging only that they suffered bruises while being arrested.
    In May five military recruits claimed they were tortured while in 
service at the First Cavalry Regiment in Pozo Colorado. Hugo Espinola, 
Mario Guerrero Gonzalez, Hugo Omar Rojas Gimenez, Jose Asuncion Aguero, 
and Mario Gamarra alleged that their superiors in the regiment 
physically, sexually, and psychologically mistreated them. Four of the 
men escaped the Pozo Colorado barracks and reached help after walking 
12 miles through the night; the fifth was recaptured by the military. 
Authorities had not resolved the case by year's end.
    In May 2000, several persons arrested during the state of exception 
following the abortive 2000 coup reported being tortured during their 
detention (see Sections 1.d. and 3). Some of these persons reported 
that former Interior Minister (and current legislator) Walter Bower 
witnessed and encouraged the beatings of suspects in three unrelated 
cases. Press reports also connected Bower to the torture of eight 
peasants in Concepcion in 2000; police reportedly beat them in Bower's 
presence after they were arrested for illegally cutting down trees. In 
August 2001, prosecutors charged Bower with torture and other crimes 
for his actions following the abortive coup. In December Saul Leonardo 
Franco filed a complaint alleging that Bower and three police officers 
tortured him following the failed coup attempt. Criminal actions 
against Bower remained pending at year's end; however, there were no 
significant developments during the year. In October commentators 
alleged that courts were delaying consideration of the case.
    Police used force to disperse protesters on several occasions, 
sometimes killing or seriously injuring civilians (see Sections 1.a. 
and 2.b.).
    Hundreds of cases of torture and abuses remained pending from the 
1954-89 Stroessner regime. Under the Constitution, the Defensor del 
Pueblo (Human Rights Ombudsman) prosecutes cases seeking monetary 
compensation for human rights abuses committed during the Stroessner 
regime. Since his appointment in November 2001, the ombudsman has ruled 
that 35 persons were entitled to compensation for torture, 
imprisonment, and other human rights violations suffered during the 
Stroessner regime. More than 140 cases have been filed. In June the 
Government gave the Ombudsman an additional 36 months to adjudicate 
these cases.
    The Ombudsman maintains documents related to abuses committed 
during the Stroessner regime in an ``Archives of Terror'' that are 
available for research by academics and the general public. During the 
investigation of the Arrom/Marti abduction, authorities discovered 
additional documents that were added to the Archives.
    In April a review tribunal found that Captain Napoleon Ortigoza had 
been detained unjustly for 25 years during the Stroessner dictatorship 
and awarded him $1 million (7 billion guaranies) in compensation. In 
September Nemesio Barreto Monzon filed a formal charge with the 
Attorney General's office alleging that Stroessner, former Interior 
Minister Sabino Montanaro, and other officials tortured him in 1974 
because of his political affiliation; the case was pending at year's 
end.
    In April a trial judge issued a detention order against Stroessner 
and his Interior Minister Sabino Montanaro in the 1987 torture and 
death of Celestine Perez de Almada. While the order showed continued 
interest in following up on wrongs from that regime, it had little 
practical effect since Stroessner and Montanaro have lived in Brazil 
and Honduras, respectively, since 1989. In September the Supreme Court 
denied Ramon Duarte Vera's habeas corpus seeking to be freed from 
prison pending his appeal of his conviction for torture and attempted 
murder in 1959, during the Stroessner regime.
    Prison facilities were deficient, and prison conditions were 
extremely poor. Overcrowding, unsanitary living conditions, and 
mistreatment were the most serious problems affecting all prisoners. 
Tacumbu Prison--the largest in Asuncion--was built to hold 800 inmates 
but housed more than 2,100, two-thirds of whom were awaiting trial. In 
October the Office of Penal Institutions noted that more than 100 
inmates in the Tacumbu Prison suffered from serious illness: 8 suffered 
from HIV, 70 from syphilis, 32 from tuberculosis, and 47 from mental 
diseases. Other regional prisons generally held approximately three 
times more inmates than originally planned. UNICEF reported that 
conditions were substandard in other facilities around the country, 
especially in the Coronel Oviedo prison, where more than 500 inmates 
were confined in a facility built for 100.
    Security was a problem throughout the prison system. For example, 
there were approximately 120 guards for more than 2,100 prisoners at 
Tacumbu Prison. In July inmates held two guards prisoner for several 
hours until Justice and Labor Minister Diego Abente negotiated an end 
to the siege. Inmates frequently had weapons, particularly at Emboscada 
in Minas. During prison searches in March, guards found drugs and 
knives in inmates' possession in Tacumbu and in Abraham Cue in San Juan 
Bautista. During a July riot in Emboscada, two inmates were killed, one 
by gunshots from prison guards. In August inmates in the Emboscada and 
Itagua facilities killed two fellow juvenile inmates. In April inmate 
Ruben Insfran hanged himself in the Tacumbu facility.
    Escapes were frequent; for example, in September Vicente Urdina 
Chamorro, convicted of domestic violence, escaped from Tacumbu. The 
press also reported numerous escapes and attempted escapes from the 
Itagua facility. In February authorities thwarted a major escape 
attempt from the maximum-security facility in Emboscada when the murder 
of inmate Leonardo Meza prompted a surprise inspection.
    At the Asuncion women's prison, Buen Pastor, there were several 
reported rapes of prisoners by their guards, although laws governing 
prisons forbid male guards in the women's prisons. In August inmates in 
Buen Pastor rioted after the prison warden was replaced following 
reports of narcotics use among inmates; drugs also were found in the 
warden's office. Still, conditions in the women's prison were better 
and less crowded than at Tacumbu. A small number of women were housed 
in predominantly male facilities, where they were segregated from the 
male population. After the August riots, prison officials transferred 
19 female inmates to the all-male Emboscada maximum-security prison to 
separate them from the general population.
    The Congressional Human Rights Commission criticized the prisons 
for their poor nutritional standards. Prisons generally served one meal 
a day, and prisoners seldom got vegetables, fruit, or a meat protein 
source, unless they had individual means to purchase them.
    In June the IACHR referred a long-standing complaint against 
conditions in Panchito Lopez, the former youth detention center, to the 
Inter-American Court for Human Rights. The complaint, filed by the NGOs 
Center for Justice and International Law (CEJIL) and Tekojoja alleged 
that prison officials had violated the human rights of youth offenders 
at Panchito Lopez from 1996 until the facility burned in 2001.
    In September the Ministry of Justice and Labor replaced the warden 
and senior security officials at the Emboscada prison after reports 
that officials were beating and torturing prisoners. In July 
authorities fired the officials in charge of the Tacumbu Prison and 
charged them after learning that officials and inmates were operating a 
stolen car ring out of the facility.
    The Government, led by Justice and Labor Minister Diego Abente, 
took some steps to improve prison conditions. Work continued on new 
juvenile facilities at Itagua and Fernando de la Mora prisons. While 
pretrial detainees were not held separately from convicted prisoners, 
in January the Ministry of Justice decreed that convicted inmates would 
be segregated from those who were held awaiting trial. The new 
administration at Tacumbu made several immediate changes, including 
closing the areas where more affluent prisoners paid for more 
comfortable accommodations. To increase accountability, in January a 
judge ordered that authorities provide national identification cards to 
prisoners.
    The Government permitted independent monitoring of prison 
conditions by human rights organizations. Amnesty International and 
diplomatic representatives have been granted access to prisons on 
announced and unannounced visits.

    d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and 
detention were persistent problems. The Constitution prohibits 
detention without an arrest warrant signed by a judge and stipulates 
that any person arrested must appear before a judge within 24 hours to 
make a statement. The police may arrest persons without a warrant if 
they catch them in the act of committing a crime, but they must notify 
a prosecutor within 6 hours. In practice the authorities did not always 
comply with these provisions.
    Pretrial detention remained a serious problem; an estimated 66 
percent of persons in prison were held pending trial, many for months 
or years after their arrest. While the law encourages speedy trials, 
the Constitution permits detention without trial until the accused 
completes the minimum sentence for the alleged crime, which often 
occurs in practice. Judges have the discretion to permit ``substitute 
measures,'' such as house arrest, in place of bail for most crimes. 
Judges frequently set relatively high bail, and many accused persons 
were unable to post bond. The Supreme Court and many criminal court 
judges also made periodic visits to the prisons to identify and release 
improperly detained individuals.
    In 1999 more than 45 persons--including well-known political 
figures--were arrested in connection with the 1999 assassination of 
Vice President Argana and the killing of student protesters (see 
Section 1.a.). Sanctions against three of the four prominent suspects, 
who had been remanded to house arrest or other alternative detention, 
were discontinued, and only one person remained subject to such 
sanctions (see Section 1.a.).
    The last of the 54 military personnel detained in 2000 for their 
suspected participation in the attempted coup were released from 
prison. The Supreme Court reversed the convictions of members of an 
artillery battalion, and many of the other personnel were not tried or 
sentenced.
    The Constitution expressly prohibits exile, and the Government did 
not use it.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, politicians and other interested 
parties often pressured judges, although the judiciary was not allied 
with any one political group. Courts remained inefficient and subject 
to corruption and political influence.
    The nine-member Supreme Court appoints lower court judges and 
magistrates, based upon recommendations by the Magistrate's Council. 
There are five types of appellate tribunals: Civil and commercial, 
criminal, labor, administrative, and juvenile. Minor courts and 
justices of the peace fall within four functional areas: Civil and 
commercial, criminal, labor, and juvenile. The military has its own 
judicial system.
    The 2000 Penal and Criminal Procedures Code provides the legal 
basis for the protection of fundamental human rights. The new code 
introduced expedited oral proceedings and requires prosecutors to bring 
charges against accused persons within 180 days. Defendants enjoy a 
presumption of innocence, and defendants and the prosecutor may present 
the written testimony of witnesses as well as other evidence. The judge 
alone determines guilt or innocence and decides punishment. A convicted 
defendant may appeal his or her sentence to an appeals court, and the 
Supreme Court has jurisdiction over constitutional questions.
    The new system reduced the backlog of pending criminal cases, as 95 
percent of those cases active in 1999 had been resolved by March 2001. 
The average length of a criminal proceeding dropped by 75 percent, 
resulting in a reduction of the length of pretrial detention; however, 
the average time from arrest to trial was still approximately 240 days. 
The long trial period highlighted the judiciary's struggle with 
inefficiency and insufficient resources.
    In September the Supreme Court voided provisions of the new 
criminal code that would have dismissed those cases filed under the old 
system that were still pending on February 28, 2003. Human rights 
advocates hailed this decision, which they felt would prevent 
defendants from avoiding prosecution by delaying their cases until that 
deadline.
    The Constitution stipulates that all defendants have the right to 
an attorney, at public expense if necessary, but this right often was 
not respected in practice. Many destitute suspects received little 
legal assistance, and few had access to an attorney sufficiently in 
advance of the trial to prepare a defense. The 148 public defenders in 
the country, including 44 in Asuncion, lacked the resources to perform 
their jobs adequately.
    There were no reports of political prisoners. Of the more than 45 
supporters of former General Lino Oviedo who were arrested after the 
1999 killings of Vice President Argana and the student protesters, 4 
were awaiting prosecution at year's end (see Sections 1.a. and 1.d.). 
They said they were being detained because of their political 
opposition to President Gonzalez Macchi.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides that the police may not 
enter private homes except to prevent a crime in progress or when the 
police possess a judicial warrant; however, at times the Government 
infringed on citizens' privacy rights. While the Government and its 
security forces generally did not interfere in the private lives of 
citizens, human rights activists claimed that local officials and 
police officers abuse their authority by entering homes or businesses 
without warrants and harassing private citizens. There were allegations 
that the Government occasionally spied on individuals and monitored 
communications for political and security reasons.
    During the year, the authorities took steps to reduce the illegal 
conscription of minors, the mistreatment of recruits, and the 
unexplained deaths of recruits (see Sections 1.a. and 1.c.). The 
Government's Inter-Institutional Committee, including judges, 
attorneys, legislators, and NGO representatives, continued its visits 
around the country during the year to inspect conscripts' records and 
identify any minor soldiers. The Committee had the power to investigate 
and report on abuses and conditions.
    The Government established review procedures for military recruits 
to prevent future enlistment of minors, although it was unclear whether 
they had been implemented. The Government ordered all military officers 
responsible for recruiting to ensure that all conscripts meet the 
legally minimum mandated requirement age of 18 for military service. 
The armed forces no longer allowed 17-year-olds to enlist with parental 
permission. However, there were reported violations, including 
allegations that military recruiters forced underage youths to join 
units and provided them with false birth certificates and other 
documentation to show them to be of age. In September and October, 
Human Rights Ombudsman Manuel Paez Monges found 20 17-year-old 
conscripts in the Intendencia and Navy facilities and formally 
petitioned the armed forces chief to stop recruiting underage soldiers.
    Since 1989, 111 underage conscripts have died while in military 
service. In November underage military conscript Luis Fernando 
Bobadilla Acuna died of a gunshot wound while on duty (see Section 
1.a.).
    There were several allegations of mistreatment of military recruits 
by noncommissioned and commissioned officers (see Section 1.c.). In 
June 2001, the Coalition to Stop the Use of Child Soldiers reported 
that the average age of recruits was 16.4 years and that seven underage 
soldiers had died.
    Human rights organizations and victims' families filed complaints 
with the IACHR on behalf of five men who died--one had been beaten and 
another tortured--or disappeared while in military service between 1989 
and 1998. In January the Senate Human Rights Commission charged 
Sigfrido Chavez Orrego with altering birth certificates of minors who 
then were enlisted. Chavez Orrego allegedly forged documents for 
recruits in the Second Calvary Division and in the Lower Chaco. The 
charges came after visits in 2001 to military institutions by the 
Government's Interinstitutional Committee.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of expression and the press, and the Government generally 
respected these rights in practice.
    The print and electronic media were independently owned; some media 
outlets were tied closely to political parties, particularly the 
Colorado party, factions of this party, or business entities. The media 
commonly criticized the Government and freely discussed opposition 
viewpoints.
    In February a court of appeals confirmed a fine of $90,000 (630 
million guaranies) against ABC Color Editor Aldo Zuccolillo in a case 
of slander brought by a senator of the Colorado Party.
    In March a criminal court in Alto Parana and Canindeyu confirmed a 
25-year sentence given to the man convicted of the January 2001 killing 
of journalist Salvador Medina, a reporter and chairman of the board of 
directors of radio station Nemity FM in Capiibary, San Pedro. Medina's 
family said he received a number of threats just prior to his death 
following exposes he had made in his radio broadcasts.
    In July the World Association of Community Radio Broadcasters 
alleged that the National Telecommunications Commission, accompanied by 
police, shut down radio station Nemity FM in Capiibary, for which 
Medina had been a reporter and board member, and confiscated its 
equipment. The Commission claimed it was enforcing a 1999 judicial 
order to close the station for regulatory reasons.
    In August the Senate modified provisions of the Privacy Law to 
limit its effect on freedom of the press. Critics of the law argued 
that while intended to protect dissemination of personal information 
about individuals, in practice it limited the public's access to 
information about the property and the commercial and legal affairs of 
public employees.
    A report issued in September by the Sindicato de Periodistas del 
Paraguay (SPP), the national journalists' union, warned of ``alliances 
of media owners and politicians . . . that impede the exercise of 
pluralistic journalism.'' The SPP mentioned the example of Radio 
Corpus, in Ciudad del Este, explaining that the station fired a 
journalist who refused to do paid interviews with local politicians.
    In July the Supreme Court affirmed a decision overturning ABC Color 
journalist Telmo Ibanez's libel conviction, levied after his reports on 
corruption among government officials in Concepcion.
    There were no further developments in the 2001 case of threats 
against journalist Sever del Puerto.
    In September the Government closed Internet service provider Planet 
after a prosecutor alleged that the company was providing international 
telephone service in violation of the telecommunications laws. After 4 
days, the Government dismissed the charges and allowed Planet to resume 
operations.
    The Government did not restrict academic freedom.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of all citizens to peaceful assembly, and the 
Government generally respected this right in practice; however, in some 
cases police used violent force against nonviolent assemblies.
    The law restricts demonstrations in Asuncion to certain times and 
places, and specifically prohibits meetings or demonstrations in front 
of the presidential palace and outside military or police barracks. 
Some groups have opposed these restrictions. The law also requires that 
organizers notify the Asuncion police 24 hours before any rally 
downtown. In addition, the law also prohibits public gatherings in the 
congressional plaza in Asuncion, the traditional focal point for many 
demonstrations, during daylight hours on workdays. The police may ban a 
demonstration but must provide written notification of the ban within 
12 hours of receipt of the organizers' request. The law permits a 
police ban only if another party already has given notice of plans for 
a similar rally at the same place and time. This law does not apply to 
religious processions. During the year, the Government applied this law 
selectively, using it against its political opponents. The Constitution 
prohibits closing roads and bridges as a form of protest; however, 
demonstrators closed roads on several occasions.
    Police used live ammunition and clubs against demonstrators at the 
National Palace in Asuncion several times. After a February 
confrontation, in which the National Police stated that its forcible 
actions were necessary to control the crowd, some human rights 
organizations severely criticized the police action as a return to the 
state-sponsored repression of the Stroessner regime. In September the 
police used force to disperse approximately 1,000 political 
demonstrators from the Palace grounds. These demonstrators were 
supporters of former general Lino Oviedo; their political party 
subsequently filed a complaint with the IACHR, and the International 
Federation of Human Rights expressed its ``extreme concern'' regarding 
the ``violent police brutality'' employed. No information was available 
at year's end on the IACHR's action on the complaint.
    In June National Police in Caacupe used force to stop marchers 
protesting the privatization of government utilities. One demonstrator 
was shot and killed, and dozens of others were shot or beaten (see 
Section 1.a.).
    In July President Luis Gonzalez Macchi declared a state of 
emergency, banning protests and authorizing arrests without warrants, 
after demonstrators nationwide blocked roadways and bridges. The 
demonstrators, allegedly organized by former general Lino Oviedo, 
called for Gonzalez Macchi's resignation. After the protests subsided, 
the President lifted the state of emergency following constitutional 
procedures.
    In September in Edelia, Itapua, police used force to disperse 
demonstrators--who had joined nationwide protests by mechanized farmers 
and others against economic conditions--after they refused to obey a 
court order directing them to clear roadways.
    The Constitution provides for the right of all citizens to free 
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. The Government required that all religious groups register 
with the Ministry of Education and Culture but imposed no controls on 
these groups, and many informal churches existed.
    For a more detailed discussion see the 2002 International Religious 
Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--All citizens may travel within the 
country with virtually no restrictions, and there generally were no 
restrictions on foreign travel or emigration. However, the persons 
allegedly involved with plotting the 2000 coup were not allowed to 
leave the country and were required to sign in with the Justice 
Ministry once a month (see Section 3). The Constitution prohibits 
closing roads and bridges as a form of protest; however, protesters 
closed roads on several occasions (see Section 2.b.).
    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 July the country enacted asylum 
legislation based on a UNHCR model. The Government cooperated with the 
office of the U.N. High Commissioner for Refugees and other 
humanitarian organizations in assisting refugees. The Immigration 
Department determines each request on a case-by-case basis in 
consultation with the Ministries of Foreign Relations and Interior and 
the nongovernmental Committee of Churches. The issue of the provision 
of first asylum did not arise.
    There were no reports of the forced return of persons to countries 
where they feared persecution.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have the right and ability to change their government 
through democratic means. Multiple parties and candidates contested the 
country's leadership positions. Five parties were represented in the 
Congress. The Constitution and the Electoral Code mandate general 
elections every 5 years, voting by secret ballot, and universal 
suffrage. Debate in Congress was free and frank. The Congress often 
rejected the executive branch's proposals.
    Observers from the Organization of American States characterized as 
free and fair the August 2000 vice-presidential elections, the first 
national executive election won by the opposition in more than 50 
years. Gubernatorial elections and nationwide municipal elections were 
held in April and November 2001, respectively. There were no reports of 
irregularities, although the elections were marked by the lowest voter 
turnout (50 percent) since the end of the Stroessner dictatorship in 
1989. Political parties held primary elections in December to choose 
nominees for the 2003 presidential and congressional elections.
    There are no legal impediments to women's participation in 
government and politics. There were 10 women in Congress (8 of 45 
senators and 2 of 80 national deputies), and women headed 3 government 
ministries. The Electoral Code requires that
    20 percent of each party's candidates in their internal primaries 
for elective office be women. Women served as judges (although not on 
the Supreme Court) and prosecutors.
    Members of indigenous groups are entitled to vote, and the 
percentage of indigenous people who exercised this right grew 
significantly in recent years. The inhabitants of some indigenous 
communities reported that they were threatened and prohibited from 
fully exercising their political rights.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government did not restrict the activities of any human rights 
groups or advocates; however, it had a mixed record in cooperating with 
or responding to recommendations from such groups.
    Local NGO human rights groups included the Committee of Churches 
(an interdenominational group that monitored human rights, investigated 
refugee claims, and provided legal assistance), Tekojoja (a group 
dedicated to the protection of children's rights), and SERPAJ (a group 
that defended conscientious objectors and provided legal assistance to 
those with grievances arising from military service). CODEHUPY's annual 
report highlighted abuses of police authority and mistreatment of 
military recruits and noted that an impartial and corruption-free 
judiciary is necessary to enforce human rights in the country. In 
February the Government and the International Red Cross (ICRC) signed a 
memorandum of understanding for ICRC operations in the country.
    In October 2001, Human Rights Ombudsman (Defensor del Pueblo) 
Manuel Paez Monges began work as the country's human rights advocate. 
His office took charge of the prosecution of 330 lawsuits seeking 
compensation for human rights violations dating from the Stroessner 
dictatorship (see Section 1.b.).
    The Director General of Human Rights, located in the Ministry of 
Justice and Labor, chaired the National Commission on Human Rights. The 
Commission sponsored seminars to promote human rights awareness. The 
Director General's office has access to the congressional, executive, 
and judicial authorities. It does not have subpoena or prosecutorial 
power, but the commission may forward information concerning human 
rights abuses to the Attorney General for action. It served as a 
clearinghouse for information on human rights and trained thousands of 
educators in human rights law.
    In 2000 the Supreme Court established an office to oversee the 
conduct and prosecution of human rights cases. During the year, the 
Supreme Court conducted human rights training workshops among 
government agencies.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution and other laws prohibit discrimination based on 
race, sex, disability, language, or social status; however, certain 
groups, such as indigenous people, faced significant discrimination in 
practice.

    Women.--The most pervasive violations of women's rights involved 
sexual and domestic abuse, which were underreported. Spousal abuse was 
common. Although the Penal Code criminalizes spousal abuse, it 
stipulates that the abuse must be habitual before being recognized as 
criminal, and then it is punishable only by a fine. Thousands of women 
were treated for injuries sustained in violent domestic altercations. 
Between January and August 2001, the Secretariat of Women's Affairs 
registered 533 cases of violence against women, a 25 percent increase 
over the same period in 2000.
    According to women's rights activists, official complaints rarely 
were filed or were withdrawn soon after filing due to spousal 
reconciliation or family pressure. In addition, the courts allow for 
mediation of some family violence cases, which is not provided for by 
the law. There are no specialized police units to handle complaints 
involving rape. The Secretariat of Women's Affairs chaired a national 
committee, made up of other government agencies and NGOs, that 
developed a national plan to prevent and punish violence against women. 
Under the plan, an office of care and orientation receives reports on 
violence against women and coordinates responses with the National 
Police, primary health care units, the Attorney General's office, and 
NGOs. However, in practice these services were available only in 
Asuncion. The Secretariat also conducted training courses for the 
police, health care workers, prosecutors, and others.
    The Women's November 25th Collective, an NGO, operated a reception 
center where female victims of violence received legal, psychological, 
and educational assistance. No shelters for battered and abused women 
were available outside the capital of Asuncion. Most imprisoned women 
reportedly were detained for assault, including murder, committed 
following domestic violence.
    The law prohibits the sexual exploitation of women, but the 
authorities did not enforce the prohibition effectively. Prostitution 
by adults is not illegal, and exploitation of women, especially teenage 
prostitutes, remained a serious problem. Law enforcement officials 
periodically staged raids on houses of prostitution. National daily 
newspaper Noticias ran a series of features in September and October 
chronicling child prostitution in Asuncion and other cities in the 
country.
    There were reports of trafficking in women (see Section 6.f.).
    The Labor Code prohibits sexual harassment; however, many women in 
the workplace faced sexual harassment. Claims of abuse are filed with 
the courts and the Ministry of Justice and Labor. Sex-related job 
discrimination continued to be widespread and widely tolerated. The 
Secretariat of Women's Affairs occasionally sponsored programs intended 
to give women free and equal access to employment, social security, 
housing, ownership of land, and business opportunities.
    Women had much higher illiteracy rates than men. A 2001 census 
survey found that 15.4 percent of rural women were illiterate, compared 
with 10.7 percent of rural men. In addition, maternal mortality rates 
are high, and as many as 65 percent of such deaths were related to poor 
medical care. Several groups worked to improve conditions for women, 
including Women for Democracy, which was active in civic and electoral 
education. Other groups included SUMANDO, an NGO that promoted 
educational reform and voter participation in elections, and SEFEM, 
which focused on women and public policy and the participation of women 
in local development.

    Children.--The Constitution protects certain children's rights and 
stipulates that parents and the State should care for, feed, educate, 
and support children. The population is very young, with an average age 
of 25.3 years; 38.6 percent of the population is under age 15. A 
February 2001 census survey reported that 45 percent of children age 5 
or younger lived in poverty, compared with 32 percent of the general 
population. Boys and girls legally are entitled to equal treatment in 
education and health care. However, females had less access to 
education, particularly in rural areas. The educational system did not 
provide adequately for the educational needs of the population. The 
Government was unable to implement fully amendments to its General 
Education law, such as extending compulsory attendance through ninth 
grade, because of inadequate funds. Families pay a fee to cover each 
school's administrative expenses and must purchase books, uniforms, and 
other supplies for their children's use. The census found that the 2001 
national literacy rate was 91.6 percent.
    Abuse and neglect of children was a problem. A local NGO attributed 
a rise in the number of complaints of mistreatment of children during 
2000 to the increased awareness of child abuse and neglect.
    Sexual exploitation of children also was a problem. In a survey 
released in 2001, the NGO AMAR identified 619 child victims of sexual 
exploitation, the vast majority of whom lived in Asuncion and Ciudad 
del Este. Approximately 33 percent of the victims were under the age of 
16.
    There were unsubstantiated reports of trafficking in girls for the 
purpose of sexual exploitation (see Section 6.f.).
    There continued to be reports of the conscription of underage youth 
(see Section 1.f.).

    Persons with Disabilities.--The Constitution provides for equal 
opportunity for persons with disabilities and mandates that the State 
provide them with health care, education, recreation, and professional 
training. It further requires that the State formulate a policy for the 
treatment, rehabilitation, and integration into society of persons with 
disabilities. However, the Congress never enacted legislation to 
establish such programs or provide funding for them. Many persons with 
disabilities faced significant discrimination in employment; others 
were unable to seek employment because of a lack of accessible public 
transportation. The law does not mandate accessibility for the persons 
with disabilities, and the vast majority of the country's buildings, 
both public and private, were inaccessible.
    Conditions at the Neuropsychiatric Hospital in Asuncion were 
substandard, and some patients reportedly were kept unclothed in cells 
and were not treated for their mental illnesses. The physical 
facilities of the hospital lacked running water, electricity, or even 
roofs, and the hospital was severely understaffed. Children were housed 
with adults in the facility and were subject to sexual assaults from 
older patients. Two men were arrested and charged with sexually 
assaulting inmates at the hospital. No information was available on the 
Government's response to problems at this facility, including the 2001 
death of an inmate (see Section 1.a.).
    In June members of the Paraguayan Association of the Blind 
contended that the group had received only one-third of the $30,000 
(210 million guaranies) fund promised in 2001 by the Government's 
Social Benefits Division. There was no information on the ultimate 
disposition of these funds.

    Indigenous Persons.--The Constitution provides indigenous people 
with the right to participate in the economic, social, political, and 
cultural life of the country; however, the indigenous population--
80,000, according to 2001 census data--was unassimilated and neglected. 
Low wages, long work hours, infrequent payment (or nonpayment) of 
wages, job insecurity, lack of access to social security benefits, and 
racial discrimination were common. Numerous indigenous groups 
challenged Congress's proposed changes to the Indigenous Community 
Statute, which grants local groups the right to observe their 
traditional lifestyles and customs. Weak organization and lack of 
financial resources limited access by indigenous people to the 
political and economic system. Indigenous groups relied primarily upon 
parliamentary commissions to promote their particular interests. The 
Constitution also protects the property interests of indigenous people, 
but these rights are not codified fully. The Constitution allows Public 
Ministry officials to represent indigenous people in matters involving 
the protection of life and property.
    Lack of access to sufficient land hindered the ability of 
indigenous groups to progress economically and maintain their cultural 
identity. In addition, there was insufficient police and judicial 
protection from persons encroaching on indigenous lands. The 
Government's National Indigenous Institute (INDI) has the authority to 
purchase land on behalf of indigenous communities and to expropriate 
private property under certain conditions to establish tribal 
homelands. However, there were significant allegations of wrongdoing 
within INDI. Furthermore, many indigenous people found it difficult to 
travel to the capital to solicit land titles or process the required 
documentation for land ownership.
    Other significant problems facing the indigenous population 
included lack of shelter and medical care, economic displacement 
resulting from other groups' development and modernization, and 
malnutrition. Scarce resources and limited government attention slowed 
progress in dealing with these problems.

Section 6. Worker Rights

    a. The Right of Association.--The Constitution allows both private 
and public sector workers (with the exception of the armed forces and 
the police) to form and join unions without government interference. 
The Constitution contains several provisions that protect fundamental 
worker rights, including an antidiscrimination clause, provisions for 
employment tenure, severance pay for unjustified firings, collective 
bargaining, and the right to strike. Approximately 121,000, or 15 
percent, of workers were organized in approximately 1,600 unions.
    In general unions were independent of the Government and political 
parties. One of the country's three labor centrals, the Confederation 
of Paraguayan Workers (CPT), was aligned closely with the ruling 
Colorado Party.
    All unions must be registered with the Ministry of Justice and 
Labor. Although the official registration process was cumbersome and 
could take a year or more due to government bureaucracy, the Ministry 
of Justice and Labor issued provisional registrations within weeks of 
application. Employers who wish to oppose the formation of a union can 
delay union recognition by filing a writ opposing it. However, almost 
all unions that request recognition eventually receive it.
    The International Labor Organization (ILO) Committee of Experts 
noted deficiencies in the application of certain conventions ratified 
by the Government. These included conventions dealing with minimum 
wage, abolition of forced labor, minimum age of employment, freedom of 
association, equal remuneration, and employment policy. The ILO 
specifically criticized as inconsistent with international norms 
regarding the freedom of association regulations requiring a minimum of 
300 workers to form a union; the imposition of excessive requirements 
to be able to hold office in the executive body of a trade union; and 
the submission of collective disputes to compulsory arbitration. In 
response to the ILO criticism, the Ministry of Justice and Labor did 
not enforce the 300-worker minimum, although the requirement remained 
in the Labor Code.
    The Constitution prohibits antiunion discrimination; however, the 
firing and harassment of some union organizers and leaders in the 
private sector continued. Union organizers sometimes were jailed for 
their role in leading demonstrations. Fired union leaders may seek 
redress in the courts, but the labor tribunals were slow to respond to 
complaints and typically favored business in disputes. The courts were 
not required to order the reinstatement of workers fired for union 
activities. In some cases when judges ordered the reinstatement of 
discharged workers, employers continued to disregard the court order 
with impunity. The failure of employers to meet salary payments also 
frequently precipitated labor disputes. Principal problems included 
bottlenecks in the judicial system and the inability or unwillingness 
of the Government to enforce labor laws. There were a number of cases 
involving trade union leaders fired as long as 8 years ago that 
remained pending in the courts. In May the president of a government 
employees' union alleged that he had been fired because of his union 
activity; at year's end, there was no information on the resolution of 
his complaint. In November a union reported that officials in San 
Lorenzo threatened to fire a union organizer until the union intervened 
on his behalf. The ILO and the International Confederation of Free 
Trade Unions criticized the lack of measures to prevent antiunion 
discrimination and observed that legislation does not oblige labor 
courts to reinstate unfairly fired trade unionists.
    There were also complaints that management created parallel or 
``factory'' unions to compete with independently formed unions. There 
were several cases of workers who chose not to protest due to fear of 
reprisal or anticipation of government inaction.
    Unions were free to form and join federations or confederations, 
and they were affiliated with and participated in international labor 
bodies.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining, and this provision was generally 
respected in practice. According to the Ministry of Justice and Labor, 
there were approximately 30 collective bargaining agreements in place. 
However, they were the exception rather than the norm in labor-
management relations and typically reaffirmed minimum standards 
established by law. When wages were not set in free negotiations 
between unions and employers, they were made a condition of individual 
offers of employment.
    The Constitution provides for the right to strike, bans binding 
arbitration, and prohibits retribution against strikers and leaders 
carrying out routine union business; however, employers often took 
action against strikers and union leaders. Voluntary arbitration 
decisions are enforceable by the courts, but this mechanism rarely was 
employed. Senior Labor Ministry officials were available to mediate 
disputes.
    There were numerous strikes by members of all three worker centrals 
and smaller unions. Many of the strikes were related to the firing of 
union officials, management violations of a collective contract, 
management efforts to prevent the free association of workers, or 
demands for benefits such as payment of the minimum wage or 
contribution to the social security system. Others were directed at 
broader economic issues. In May police and former employees of the 
Itaipu Dam clashed in Ciudad del Este during a labor demonstration 
protesting layoffs by a contractor at the dam. Thirty persons, 
including 4 police officers, were injured in the confrontation, and 28 
were arrested. In June employees of the telephone utility Antelco led a 
series of strikes in Asuncion and throughout the country opposing the 
planned privatization of that company; ultimately, the Government 
decided to withdraw its plans to sell the company. In the September 
``tractorazo'' strikes, farm workers throughout the country went on 
strike, ceasing production and parking their vehicles on the sides of 
roadways demanding reductions in the gasoline tax and water rates and 
changes in other economic measures (see Section 2.b.).
    There were no export processing zones. Maquiladora factories, which 
assemble imported parts for re-export, have been established in the 
eastern part of the country. The Mercosur trade association accepted 
the country's maquiladora factories into its automotive regime. The 
country's labor laws apply to maquila operators.

    c. Prohibition of Forced or Bonded Labor.--The law prohibits forced 
labor, including by children; however, cases of abuse of national 
service obligations (compulsory military service for all males, unless 
exempted as conscientious objectors) occurred (see Section 6.d.). There 
were reports of conscripts forced to work as construction workers for 
military officers in their privately owned businesses. There were 
allegations of forced conscription of underage youths (see Section 
1.f.).
    Frequently families who could not afford to raise a child--usually 
a daughter, sometimes as young as age 5--sent the child to relatives or 
colleagues, who expected the child to work in exchange for room, board, 
and access to education.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Director General for the Protection of Minors in the 
Ministry of Justice and Labor is responsible for enforcing child labor 
laws; however, in general the Government did not enforce minimum 
working age regulations, and child labor was a problem. Minors between 
15 and 18 years of age may work only with parental authorization and 
may not be employed in dangerous or unhealthy conditions. Children 
between 12 and 15 years of age may work only in family enterprises, 
agriculture, or apprenticeships. The Labor Code prohibits work by 
children under 12 years of age.
    The 2001 census found that 5 percent of the workforce was under the 
age of 14. The Statistics Bureau reported that from August to December 
2000, 55 percent of boys between the ages of 10 and 19 worked. 
According to the NGO Coeti, 265,000 children, or 13.6 percent of 
children between the ages of 5 and 17, worked outside their homes, many 
in unsafe conditions. Studies indicated that 42 percent of these 
children began working by the age of 8, and some 37 percent did not 
attend school. Thousands of children in urban areas, many of them 
younger than 12 years of age, were engaged in informal employment, such 
as selling newspapers and sundries and cleaning car windows. Many of 
the children who worked on the streets suffered from malnutrition and 
disease and lacked access to education. Some employers of the estimated 
11,500 young girls working as domestic servants or nannies denied them 
access to education and mistreated them (see Section 6.c.). Employers 
sometimes filed false charges of robbery against those who sought to 
leave domestic jobs and turned them over to the police. In rural areas, 
children as young as 10 years of age often worked beside their parents 
in the field; 88 percent of rural children in the labor force worked at 
home or with family members, according to Coeti. Local human rights 
groups did not regard families harvesting crops together as an abuse of 
child labor.
    In August more than 500 child and adolescent workers gathered to 
protest adoption of ILO Convention 138, which established for the first 
time a minimum working age (14).

    e. Acceptable Conditions of Work.--The executive, through the 
Ministry of Justice and Labor, has established a private sector minimum 
wage sufficient to maintain a minimally adequate standard of living for 
a worker and family. There was no public sector minimum wage. In 
practice most (but not all) government agencies adjust the hours of 
work for government workers to be paid at a rate comparable to the 
private sector minimum wage. The minimum salary is adjusted whenever 
annual inflation exceeds 10 percent, and it was approximately $136 
(876,168 guaranies) per month at year's end, according to the Ministry. 
However, the Ministry was unable to enforce the minimum wage and 
estimated that 50 percent of workers earned less. The Labor Code 
requires that domestic workers be paid at least 40 percent of the 
minimum wage and allows them to work up to a 12-hour day.
    The Labor Code allows for a standard legal workweek of 48 hours (42 
hours for night work), with 1 day of rest. The law also provides for an 
annual bonus of 1 month's salary and a minimum of 6 vacation days a 
year. The law requires overtime payment for hours in excess of the 
standard. However, many employers violated these provisions in 
practice. There are no prohibitions on excessive compulsory overtime. 
Workers in the transport sector routinely staged strikes to demand that 
their employers comply with the Labor Code's provisions on working 
hours, overtime, and minimum wage payments.
    The Labor Code also stipulates conditions of safety, hygiene, and 
comfort. The Government did not devote sufficient resources to the 
Ministry of Justice and Labor and the Ministry of Health to enforce 
these provisions effectively.
    Workers have the right to remove themselves from situations that 
endanger health or safety without jeopardy to their continued 
employment, but they may not do so until such conditions were 
recognized formally by the Ministries of Justice and Labor and Health. 
Although there are laws intended to protect workers who file complaints 
about such conditions, many employers reportedly took disciplinary 
action against them.

    f. Trafficking in Persons.--The Constitution proscribes and the 
Penal Code criminalizes trafficking in persons, but there were sporadic 
reports of trafficking to and from the country for sexual purposes.
    The Penal Code punishes trafficking in persons with up to 10 years 
in prison; the code also outlaws compelling anyone to travel outside of 
the country or to enter the country for the purpose of prostitution or 
compelling a minor under 18 years of age to work as a prostitute. There 
were no documented prosecutions against traffickers. The Government's 
Secretariats of Women's Affairs, Children's Affairs, and Social Action 
maintained an interest in trafficking.
    In July the ILO completed a study of the sexual exploitation of 
persons in the area near Itagua bordering Argentina and Brazil. The 
survey observed children as young as 8 years of age involved in 
prostitution, many to supplement their families' incomes (see Section 
5). The survey was part of the ILO's 4-year program to identify and 
remedy the social and legal problems leading to abuses in the region.
    In September and October, the newspaper Noticias published a series 
of anecdotal articles about children working as prostitutes in 
Asuncion, Ciudad del Este, Ita, and other towns; they often were 
recruited by boyfriends and older relatives or were runaways.
    Because there were no government investigations of trafficking, 
there was no information regarding methods used or persons responsible.
    The NGOs Luna Nueva and Global Infancia monitored trafficking 
situations that affected women and children and provided assistance to 
victims.
                               __________

                                  PERU

    Peru is a multiparty republic that recently emerged from a decade 
of authoritarian government and is undergoing a process of democratic 
transformation. In November 2000, President Valentin Paniagua took 
power and led a transition government after then-President Alberto 
Fujimori resigned and was dismissed from office. The Government held 
elections in April and June 2001, which observers considered to be 
generally free and fair. Alejandro Toledo of the Peru Posible party won 
the presidential runoff election with approximately 53 percent of the 
vote and was inaugurated in July 2001. The Constitution provides for an 
independent judiciary; however, the judiciary widely was considered 
corrupt and was subject to pressure from the executive over 
controversial decisions favoring members of the Fujimori government. 
The Government continued judicial reform efforts.
    The Peruvian National Police (PNP) and the military shared 
responsibility for internal security; they were under effective 
civilian control. Members of the security forces committed some serious 
human rights abuses.
    Over the last decade, the Government transformed a heavily 
regulated economy into a market-oriented one. The country's population 
was approximately 27 million. Gross domestic product grew 4.8 percent 
during the year, compared with only 0.2 percent growth in 2001. 
Inflation, which was 0.1 percent in 2001, stayed under 1.5 percent 
during the year. Major exports include copper, gold, and other 
minerals, fishmeal, textiles, and agricultural products. Close to 54 
percent of the population lived in poverty, earning less than $1.25 per 
day; about 15 percent of the population lived in extreme poverty, 
unable to meet the most basic food, shelter, and clothing requirements.
    The Government generally respected the human rights of its 
citizens; however, there were serious problems in some areas. There 
were allegations of unlawful or unwarranted killings by police, and one 
military recruit died as a result of abuse by superior officers. Police 
tortured, beat, and otherwise abused detainees. Prison security forces 
abused inmates. Torture and abuse of military recruits continued. 
Impunity remained a problem, and security forces sometimes harassed 
victims or other witnesses to keep them from filing charges. Overall 
prison conditions remained poor and were extremely harsh in maximum-
security facilities. There continued to be reports of arbitrary arrest 
and detention. Pretrial detention continued to be prolonged, and trials 
were frequently subject to inordinate delays. Despite extensive changes 
to reduce executive dominance over the judiciary, problems persisted, 
including the general inefficiency of the system. Press freedom 
improved and greater public attention was focused on the need for a 
free press, although strong suspicions remained of isolated attempts by 
the Government to influence the media by threats of legal or judicial 
action. Violence and discrimination against women continued. Violence 
against children and discrimination against persons with disabilities, 
indigenous people, and racial and ethnic minorities remained problems. 
Labor advocates argued that labor laws and practices restricted freedom 
of association and collective bargaining rights, but a December law 
addressed some of these problems. Child labor remained a serious 
problem in the informal sector. Peru 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 organization Shining Path (Sendero Luminoso) was 
responsible for killings and other 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 no 
reports of politically motivated killings by government agents. There 
were a few allegations of unlawful or unwarranted killings by police. 
One military recruit died after being tortured by superior officers.
    In April police detained Andy Williams Garces during a police 
surveillance operation in Piura. One officer allegedly shot Garces, who 
fell into a river. Police claimed that Garces jumped into the river, 
swam to the other side, and escaped. An investigation began, but no 
charges have been filed, as Garces' body was not found.
    On July 2, three members of a Lima municipal patrol unit and one 
PNP officer detained Jose Reina Rincon, a bullfighter from Spain. Two 
of the municipal guards beat Reina to death, and the four men then 
dumped Reina's body at a beach near Lima. The authorities charged two 
of the municipal guards with homicide and one guard along with the PNP 
officer as accomplices. The investigation continued at year's end.
    In October a prosecutor in Arequipa accused 24 police officers with 
killing 2 persons, Fernando Talavera Soto and Edgar Pinto Quintanilla, 
who died after being hit with teargas canisters during the Arequipa 
protest (see Section 2.b.). The authorities charged the officers with 
negligent homicide; at year's end, no trial had begun.
    According to the Human Rights Commission (COMISEDH)--a 
nongovernmental organization (NGO)--and a congressional subcommittee 
looking into killings, torture, and mistreatment of young soldiers, 
there was one report of a military recruit killed in Iquitos after 
being tortured. An autopsy revealed that Pitter Rengifo Vasquez was 
severely beaten before being killed allegedly by superior officers in 
June.
    On September 17, a Cajamarca department mayor and candidate for 
reelection, Joselito Fernandez Perez, was murdered. Fernandez Perez was 
part of the National Unity ticket, a nationwide, center-right umbrella 
group headed by 2006 presidential hopeful Lourdes Flores. Flores and 
other National Unity leaders claimed the murder was politically 
motivated, particularly as two other National Unity activists were shot 
in the same locality. Police arrested rival mayoral candidate Jose 
Fernandez Cabana, an independent, in connection with the murder. This 
appeared to be an isolated incident of election-related violence; an 
investigation was underway at year's end.
    For the first time, in August a court sentenced officials for human 
rights crimes. In the case of the killing in 2000 of Alejandro Damian 
Trujillo Llontop, the court sentenced PNP Lieutenant Cesar Gomez 
Cassani and six other officers to 8 to 10 years in prison for human 
rights violations related to disappearance, torture, and murder. In 
early 2001, the officers were tried for Trujillo's murder, but a judge 
determined that errors occurred during the deposition process and 
subsequently released them. The prosecutor later brought charges 
against the policemen for the human rights crime of forced 
disappearance (see Section 1.e.).
    In August the Supreme Court ruled that jurisdiction over 15 
military commandos who led the 1997 hostage rescue operation at the 
Japanese ambassador's residence rested with the military court system. 
The Supreme Court supported its decision to send the case to the 
military court saying that the mission was carried out under a 
presidential order during a state of emergency. The Court ruled that 
four others--former Intelligence Service Director Vladimiro Montesinos, 
former Armed Services Chief General Nicolas Hermoza, Colonel Roberto 
Huaman, and Colonel Jesus Zamudio--were subject to civilian criminal 
court jurisdiction. The ruling came after an investigation into reports 
that the military executed Tupac Amaru Revolutionary Movement (MRTA) 
rebels in the aftermath of the rescue operation. At issue was whether 
the officers followed an order to kill any MRTA survivors, allegedly 
given by Montesinos and authorized by former President Alberto 
Fujimori. At year's end, the trials were pending.
    There were no developments in the cases of Juan Carlos Campos 
Valentin and Graciano Rufino Martinez, who escaped from Challapalca 
prison and were subsequently killed by prison officers in February 
2001.
    In February an investigation by the prosecutor's office in San Juan 
de Lurigancho discounted accusations of torture and homicide and 
determined that inmate Felipe Davila Gamarra died as a result of 
injuries he received during an fight with other inmates in February 
2001. The case was closed.
    Initial trial proceedings were underway in civilian court against 
four police officers and a military lieutenant in the May 2001 case of 
Jenard Lee Rivera San Roque, who died after being detained and 
allegedly tortured and beaten. Amnesty International stated that the 
police attempted to prevent Rivera's family and neighbors from bringing 
to justice the officers responsible for his torture and death. COMISEDH 
had asked that the trial not be assigned to a military court.
    There was no new information in the June 2001 case of Nazario 
Victor Valencia Porras, who died after police took him to the Matucana 
police station as a robbery suspect.
    When charges were dropped after the prosecutor's office in Tacna 
accused six National Prison Institute (INPE) officers of killing 
Guillermo Navarro Rospigliosi in August 2001, COMISEDH objected to the 
dismissal of charges, and an investigation was underway at year's end.
    Initial trial proceedings were underway against two police officers 
and a taxi driver for the crimes of torture and grave injuries followed 
by death in the killing of Cesar Augusto Ayaucan Argedes in August 
2001. COMISEDH appealed to have the officers detained during the trial, 
but the decision from the appeals court was pending.
    In December 2001, a judge sentenced PNP officer Idelso Murrugarra 
Casimiro to 4 years in prison and fined him $860 (3,000 soles) for 
beating and killing Carlos Lopez Flores.
    In the case of Mario Clemente Guillen Mendez, a court in Chincha 
acquitted five police officers in December 2000; they were accused of 
torture that led to his death. The victim's family filed an appeal, and 
the case went to the Supreme Court in January 2001.
    Military service was no longer mandatory, but mistreatment of 
military recruits continued to be a problem (see Section 1.c.). Initial 
trial proceedings began regarding the case of recruit Ronald Enrique 
Pena Garcia, killed in 2001. An air force lieutenant and two 
noncommissioned officers were under investigation for homicide. There 
were no developments in the cases of Percy Cusihualpa Franco and Isaias 
Yanac Rodriguez, two military recruits who died in 2001 under 
suspicious circumstances.
    Initial trial proceedings continued in the case of Juan Carlos 
Aliaga Mera, a former crewmember in President Fujimori's presidential 
plane who was found dead in the Callao Air Group 8 Complex. His body 
had a bullet wound in the head and, according to the family, showed 
signs of brutal torture.
    Initial trial proceedings began during the year against two police 
officers for the crime of torture, among other charges, of Nelson Diaz 
Marcos, who died after police in Tacna arrested him on charges of 
public intoxication in 2000.
    After an investigation and exhumation of the body in the case of 
recruit Jose Luis Poma Payano, the prosecutor charged three air force 
officers with homicide for his 2000 death. In June initial court 
proceedings began, and a trial was underway. COMISEDH issued an appeal 
because the prosecutor was not trying the officers for the crime of 
torture. No decision had been reached on the appeal by year's end.
    The authorities closed the case of Marino Fernandez Sanchez, who 
died in 2000 after allegedly having been tortured by military 
officials, as the cause of death was determined to be a severe case of 
malnutrition.
    In August 2001, Congress voted unanimously to remove former 
President Fujimori's immunity from prosecution as a former head of 
state. In September 2001, Fujimori was indicted on charges of murder, 
causing grave injuries, and responsibility for persons who disappeared 
in relation to the La Cantuta and Barrios Altos killings (see Section 
1.b.). Both events were attributed to the La Colina death squad, 
allegedly formed by members of army intelligence. Fujimori remained in 
his parents' native Japan, where he fled in 2000. As a Japanese 
citizen, he was protected from extradition. The Government continued to 
pursue a diplomatic solution in order to return Fujimori to be tried in 
court.
    The Government continued in its efforts to arrest members of the La 
Colina group. On November 18, the PNP arrested former Army death squad 
leader Santiago Martin Rivas in Lima. Rivas led the La Colina death 
squad that operated against suspected terrorists during the Fujimori 
regime and was believed responsible for at least 25 killings, including 
the murders of 9 students and a professor at La Cantuta University in 
1992 and 15 persons in the Barrios Altos section of Lima in 1991. Rivas 
had eluded capture since 2001 when the Inter-American Human Rights 
Court overturned Fujimori's commutation of a 20-year sentence handed 
down in 1995 for the La Cantuta killings. At year's end, initial trial 
proceedings were underway. The authorities arrested two other La Colina 
members during the year.
    In April the Government paid almost $3 million (10.5 million soles) 
in reparations to families of the Barrios Altos victims, in compliance 
with a ruling by the Inter-American Commission on Human Rights (IACHR).
    In December the Inter-American Court of Human Rights ruled that the 
Government must investigate, try, and sanction those responsible for 
the 1986 massacre of inmates at El Fronton jail. In October the Supreme 
Council of Military Justice had upheld the exoneration of members of 
the military who ended terrorist-instigated riots in three prisons at a 
cost of over 200 lives. The El Fronton case was brought to the Inter-
American Court by relatives of two dead inmates who later were found 
innocent of the terrorism charges on which they had been jailed.
    In November 2001, the Ombudsman turned over to the Truth and 
Reconciliation Commission evidence of human remains in 51 mass graves, 
more than half of which were located in the Ayacucho area. During the 
year, the commission observed the Public Ministry's exhumations of two 
common graves near Ayacucho as part of its investigation into the 
political violence between 1980-2000 (see Section 4). The exhumations 
served to identify victims, return victims' remains to their families, 
and search for clues to identify those responsible for the killings. On 
December 7, the commission issued its first official report, which 
detailed a massacre where soldiers allegedly tortured and killed eight 
peasants in Chuschi, near Ayacucho, on May 17, 1980. The report was 
turned over to the Attorney General for further action.
    Sendero Luminoso terrorists killed 11 persons during the year in 
the course of 154 acts of violence. There were two significant 
bombings, both attributed to Sendero Luminoso. On March 20, terrorists 
detonated a car bomb in a Lima suburb that killed 10 persons and 
injured 38. Earlier the same day, alleged terrorists detonated a bomb 
at a branch office of the Spanish-owned Telefonica company in downtown 
Lima; no injuries were reported and the facility received only minor 
damage. Police arrested eight Sendero Luminoso terrorists in relation 
to the car bombing.
    In January members of the native Aguaruna community attacked 
settlers living on land claimed by the Aguaruna. A court order required 
the settlers to vacate the land in the northern area of Cajamarca, but 
the order was not enforced and the settlers returned. The indigenous 
group killed 35 settlers, including men, women, and children, and 
injured dozens in the ambush.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    In May the Ombudsman's office reported that there were 6,089 cases 
of forced disappearance between 1980 and 2000, which were among the 
human rights abuses under investigation by the Truth and Reconciliation 
Commission (see Section 4). The Ombudsman's office noted that the 
Sendero Luminoso or Tupac Amaru rebels abducted the majority of the 
victims, mainly indigenous peasants.
    Few members of the security forces were accountable for their role 
in disappearances, and impunity remained a problem.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution and the law prohibit torture and inhuman 
or humiliating treatment; however, in practice torture and brutal 
treatment by the security forces continued to occur. Abuse of 
individuals in police custody and inmates in prison by security forces 
continued to be a problem, as did torture and abuse of military 
recruits. Impunity was a problem, and the authorities who committed 
such abuses seldom were held responsible. A June Amnesty International 
report on torture called on the authorities to take decisive action to 
eradicate torture and to correct the problem of impunity.
    Torture most often took place immediately following arrest. Torture 
was common during police detention when families were prohibited from 
visiting suspects being held incommunicado, and when attorneys had only 
limited access to them (see Section 1.d.). During the year, there were 
two cases of suspects dying following torture or beatings by security 
officials (see Section 1.a.).
    In some cases, the police and security forces threatened or 
harassed victims, their relatives, and witnesses in an attempt to keep 
them from filing charges of human rights violations. According to 
Amnesty International and COMISEDH, several victims were too frightened 
to follow through with judicial proceedings against their abusers, who 
subsequently were released without being charged. COMISEDH reported 8 
cases of aggravated torture by security forces, compared with 36 in 
2001 and 35 in 2000.
    In past years, abuse was particularly common in police cells 
operated by the National Counterterrorism Directorate (DIRCOTE) and in 
detention facilities on military bases, where terrorism and treason 
suspects normally were held. Psychological torture and abuse, which 
resulted from the harsh conditions in which detainees were held, were 
more characteristic of the prisons.
    On January 12, 20 police officers from the Cotabambas Police 
Station tortured Renzo Vega Hidalgo. The police had arrested several 
youths living in a poor settlement called ``La Casona.'' Vega, who was 
19 years of age, resisted arrest and was beaten with a stick. He lost 
an eye during the beating. An investigation was underway.
    On August 24, police officers in Callao arrested Omar de la Cruz 
for alleged involvement in a robbery. After giving his statement, 
several police tortured him using rubber batons. Family members 
reported to COMISEDH that de la Cruz had injuries on his head and neck 
and a burn on his waist. An investigation was underway at year's end. 
COMISEDH reported that the victim's family refused legal assistance due 
to fear of retaliation.
    In November police in Chaclacayo detained Jair Martin Rodriguez and 
his brother after a series of fights in their home and in the 
neighborhood. Six police officers allegedly beat Rodriguez when he 
resisted being put into a cell. Rodriguez required surgery to repair 
damage to a finger. At year's end, an investigation had begun.
    There were no updates in the May 2001 case of inmate Teobaldo Pozo 
Tupayachi, beaten at the Quencoro prison.
    There were no new developments in torture cases from 1999 and 2000 
involving the following victims: Catalino Daga Ruiz, Bernardo Daga 
Ruiz, Mario Jimenez Roque; Julio Armando Uribe, and Victor Valle 
Cabello. No further investigations into these cases were expected.
    Amnesty International reported that in the 1999 case of torture and 
subsequent death of Moises Paco Mayhua, a judge in Puno ruled that 
there was evidence of torture. The two police officers allegedly 
implicated in the torture and murder were still on active duty in 
another district. Judicial hearings had begun, although the two police 
officers had not yet appeared before the court.
    In the case of Amador Carmen Canchaparan, whom military officials 
arrested and allegedly tortured on a military base in 2000, COMISEDH 
reported that a criminal court was expected to try army Major Max 
Espinoza Sanchez for abuse of authority.
    The Legal Defense Institute reported that in the case of the 1998 
torture of Raul Teobaldo by five naval officers, only one officer 
appeared for the trial in Ucayali. He was sentenced to 6 years in 
prison for abusing Teobaldo but appealed his sentence to the Supreme 
Court in Lima where all charges against him were dropped. At year's 
end, arrest warrants were outstanding against the remaining four 
officers.
    There were no developments in the case of journalist Fabian Salazar 
during the year. The IACHR accepted the case in 2001.
    In September 2001, the Government acknowledged the infringement of 
the rights of military intelligence officer Leonor La Rosa by four of 
her colleagues who beat and tortured her in 1997. The Government 
awarded her financial compensation in 2001. During the year, one 
congressman and several military officials questioned La Rosa's claim 
that her physical impairments (she is confined to a wheelchair) 
occurred as the result of torture. In October two retired military 
officers, accused by La Rosa of torturing her in 1997, were released 
from prison after submitting writs of habeas corpus through the 
civilian court.
    As in previous years, NGOs and the Human Rights Ombudsman received 
complaints that the military beat or otherwise mistreated some members 
of the military service. Mistreatment of military recruits continued to 
be a problem. There were five reported incidents of torture of military 
recruits, one of which resulted in death (see Section 1.a.). At year's 
end, a congressional subcommittee continued to look into killings, 
torture, and mistreatment of young soldiers.
    In January in Andahuaylas, a superior officer allegedly beat Freddy 
Cardenas Maucaylle in punishment for poor performance during a firing 
range exercise. Cardenas lost the use of his hand as a result of the 
beating, but chose not to make a formal accusation against the superior 
officer.
    In July three superior officers allegedly drugged and sexually 
assaulted soldier Rolando Quispe Berrocal in an Ayacucho barracks. The 
authorities held the accused officers in a military prison and charged 
them with torture; a trial in civil court was pending at year's end. In 
August a military court gave a 30-day suspended sentence in solitary 
confinement to Quispe Berrocal and ordered him to pay $430 (1,500 
soles) in damages to the State and the military for making false 
statements. Human rights advocates disputed the court's ruling and 
accused military officers with obstruction of justice in this case.
    In August superior officers allegedly raped recruit Edison Huamacto 
Marivas. Although an investigation was underway in Lima, the victim 
decided to drop the charges in order to avoid further press attention 
and to forget what happened. The perpetrators were not identified.
    In October in Piura, a superior officer allegedly kicked and beat 
soldier Noe Moises Canales Salazar until he was unconscious after 
finding him sleeping during guard duty. Canales suffered severe 
internal injuries as a result of the beating and underwent two 
surgeries. At year's end, the case was pending and to be tried in 
civilian court.
    The authorities concluded an investigation in the 2001 case of 
Frank Alfredo Romero Arrieta, a military recruit who was beaten by 
officers and left with serious spinal cord damage and unable to walk 
normally, and charged five officers with torture. Although initial 
trial proceedings had begun, a military court opened a parallel trial 
during the year, charging the officers only with abuse of authority. 
COMISEDH appealed to the judge in charge of the proceedings to deny 
venue to the military judge.
    Citizens at times took the law into their own hands, meting out 
severe physical punishment to persons committing offenses such as 
robbery, burglary, rape, and child molestation.
    Conditions were poor to extremely harsh in all prison facilities. 
About one-half of all prisoners were in facilities where the National 
Police had both internal and external control; the other half were in 
facilities under internal control of National Prison Institute guards 
and under external control by the police. Conditions were especially 
harsh in maximum-security facilities located at high altitudes. Low 
budgets, severe overcrowding, lack of sanitation, and poor nutrition 
and health care were serious problems. Prison guards and fellow inmates 
routinely victimized prisoners.
    There were no reports of security forces killing inmates during the 
year. Human rights observers who monitored prison activity reported 
that torture and ill treatment of prisoners by security forces occurred 
during the year. Corruption was a serious problem among poorly paid 
prison guards, many of whom engaged in sexual abuse, blackmail, 
extortion, narcotics trafficking, and the acceptance of bribes in 
exchange for favors that ranged from providing a mattress to arranging 
an escape. Since prison authorities did not supply adequate bedding and 
budgeted only about $0.79 (2.75 soles) per prisoner per day for food, 
the families of prisoners typically had to provide for these basic 
needs.
    Overcrowding and inadequate infrastructure hampered efforts to 
improve prison living conditions. The 81 prisons and detention 
facilities held 28,403 prisoners as of December. At Lima's San Juan de 
Lurigancho men's prison, the country's largest, more than 7,000 
prisoners lived in a facility built to accommodate 1,500. Inmates in 
all prisons had only intermittent access to running water; bathing 
facilities were inadequate; kitchen facilities remained generally 
unhygienic; and prisoners slept in hallways and common areas due to 
lack of cell space. Illegal drugs were abundant in many prisons, and 
tuberculosis and HIV/AIDS were reportedly at near-epidemic levels.
    As of December, approximately 69 percent of all prisoners had not 
been sentenced (see Section 1.d.). Pretrial detainees were held 
together with convicted prisoners in most cases. Detainees held 
temporarily while awaiting arraignment in Lima were not provided with 
food. This temporary detention period lasted from a few hours up to 3 
days. The detainees were not allowed outside for fresh air and had 
restricted access to bathrooms.
    The International Committee of the Red Cross (ICRC) reported a 
shortage of trained medical personnel, unreliable and insufficient 
legal representation for prisoners, an insufficient number of social 
workers and psychologists, and a general lack of organization in prison 
administration.
    According to human rights monitors, the Challapalca prison in 
Tarata, Tacna, seriously violated international norms and standards, 
particularly as a result of its isolation and high altitude. Located at 
14,000 feet, Challapalca's freezing temperatures and oxygen-thin air 
had unavoidably detrimental effects on prisoner health. The prison 
could be reached only after an all-night bus ride from the nearest 
population center, limiting inmates' contact with family. To relieve 
some of the isolation, the ICRC funded periodic visits by families. 
Hospital care was 6 to 8 hours away, depending on road conditions, by 
overland transportation. Face-to-face consultations by inmates with 
their attorneys were rare. Isolation or punishment cells in this prison 
were extremely small and sometimes held two prisoners at a time. 
Despite continued pressure from national and international human rights 
groups, Challapalca remained in operation.
    There were two serious hunger strikes in prisons during the year. 
Roughly 900 prisoners held on terrorism and treason charges in various 
facilities throughout the country staged a hunger strike from February 
11 to March 13. Church officials managed to convince the prisoners to 
call off the strike. Human rights observers charged that the Government 
was slow to react in sending in medical personnel to attend to the 
prisoners as the strike progressed. In July a second hunger strike by 
nearly 90 percent of inmates in the Lurigancho prison protested harsh 
prison conditions and sentencing delays; it lasted 1 week. There were 
minor protests in various prisons throughout the year, but fewer in 
number than in the previous year. Two inmates were killed and 41 were 
injured during a violent confrontation between several cellblocks of 
armed inmates at Lurigancho prison in December. An investigation was 
pending at year's end.
    Male and female prisoners were housed separately. In high-security 
prisons, female inmates were allowed to see their children once a week. 
In women's prisons, children 3 years of age and younger lived with 
their jailed mothers. There were also separate juvenile facilities, in 
which conditions were not as harsh as those in adult prisons.
    The Government permitted prison visits by independent human rights 
observers, including the ICRC. Members of the Ombudsman's office were 
allowed to visit the naval facility in Callao for the first time in 
December 2000 and continued to visit it during the year (see Section 
4). As of October, the ICRC made 140 visits to inmates in prisons, 
detention facilities, and juvenile detention facilities.

    d. Arbitrary Arrest, Detention, or Exile.--There continued to be 
reports of arbitrary arrest and detention. The Constitution, Criminal 
Code, and antiterrorist statutes delineate the arrest and detention 
process. The Constitution requires a written judicial warrant for an 
arrest unless the perpetrator of a crime is caught in the act. However, 
the Organic Law of the National Police permits the police to detain a 
person for any investigative purpose. Although the authorities must 
arraign arrested persons within 24 hours, they occasionally violated 
this requirement. In cases of terrorism, drug trafficking, or 
espionage, arraignment must take place within 30 days. Military 
authorities must turn over persons they detain to the police within 24 
hours; in remote areas, this must be accomplished as soon as 
practicable. However, the authorities sometimes disregarded this 
requirement. Police abuse of detainees was a problem, and the abuse 
usually took place at the police station just after the arrest, while 
the detainee was held incommunicado (see Section 1.c.). A 2000 law 
allows the authorities to detain suspects in investigations for 
corruption for up to 15 days without arraignment. The law also permits 
the authorities to prohibit suspects under investigation for corruption 
from traveling abroad.
    Detainees have the right to a prompt judicial determination of the 
legality of their detention and adjudication of habeas corpus 
petitions. In the past, judges denied most requests for such hearings. 
During the year, about 400 prisoners accused of treason related to 
terrorism offenses filed petitions for habeas corpus. They argued that 
they were convicted by hooded or ``faceless'' military courts and 
requested new trials in civilian court. Judges accepted a few petitions 
and ordered that prisoners be retried in civilian court, such as in the 
case of Maritza Garrido Lecca, who was arrested along with Sendero 
Luminoso leader Abimael Guzman. The prisoners' demands were based on 
Inter-American Court and Constitutional Tribunal rulings that sentences 
imposed by the military courts under the 1979 Constitution were 
illegal. However, such sentences imposed in cases brought after the 
1993 Constitution was adopted remain valid (see Section 1.e.).
    Police may detain terrorism and treason suspects for a maximum of 
15 days and hold them incommunicado for the first 10 days. Treason 
suspects, who are handed over automatically to military jurisdiction, 
may be held incommunicado for an additional 30 days. When suspects were 
held incommunicado, attorneys had access to them only during the 
preparation and the giving of sworn statements to the prosecutor.
    Many detention orders remained pending against roughly 4,000 
persons allegedly forced to join terrorist groups; however, in May 
2001, Congress passed a law that allowed the detention orders to be 
changed to summonses to appear in court if requested by the person 
named in the order. Legal experts and NGOs reported that the law was 
not effective, and fewer than 50 individuals had appeared before the 
court to make the request, reportedly because they were distrustful of 
the judicial process and feared arrest.
    As of December, approximately 31 percent of a total prison 
population of 28,403 were sentenced, according to INPE statistics. 
About 50 percent of the prison population remained incarcerated in 
Lima; of these, 56 percent had been convicted but remained unsentenced. 
The IACHR and the U.N. Commission on Human Rights expressed concern 
about the large number of unsentenced prisoners. There was no progress 
during the year to reduce lengthy sentencing delays.
    According to the INPE, the elapsed time between arrest and trial in 
civil, criminal, and terrorism cases averaged between 26 and 36 months, 
during which time suspects remained in detention. Those tried by 
military courts on treason charges generally did not have to wait more 
than 40 days for their trial; however, as trial procedures in military 
courts lacked full due process protections, the speed with which trials 
were conducted offered little benefit to the defendants. Once trials 
concluded, prisoners often had to wait long periods before being 
sentenced.
    Many individuals associated with the Fujimori administration were 
the targets of criminal investigations. Anticorruption legislation 
enacted in 2000 gave judicial authorities expanded powers to detain 
witnesses and suspects. Many of those detained under these laws 
complained that the cases against them were politically motivated.
    The Constitution does not permit forced exile, and the Government 
did not use it in practice.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, as an institution, the judiciary was 
still recovering from the effects of 8 years (1992-2000) of intensive 
manipulation by the executive branch under the Fujimori administration. 
The judiciary was seen widely as the most corrupt institution in the 
country. It operated independently of the executive, although President 
Toledo expressed strong concerns about judicial decisions dismissing 
charges of human rights violations and corruption against members of 
the former Fujimori government. Judicial reform continued to be a 
priority of the Government.
    The 4-tier court structure consisted of lower and superior courts, 
a Supreme Court of 30 judges, and a Constitutional Tribunal of 7 
members. In 2000 Congress restored the powers of the independent 
National Magistrates Council (CNM) to appoint, discipline, and evaluate 
all judges and prosecutors who have served in their position for 7 
years or more. Failure to be certified disqualified a judge or 
prosecutor from ever working in that capacity again. Several of the 
more than 100 judicial officials failing to gain certification filed 
complaints with the IACHR that this certification process was unfair.
    Under former President Fujimori, the executive branch pressured 
provisional judges and prosecutors, as their employment contracts could 
be cancelled without cause. Subsequent investigations showed that 
former intelligence advisor Montesinos improperly influenced numerous 
judges. The majority of implicated officials either resigned or were 
suspended; at year's end, some were being prosecuted.
    The justice system was based on the Napoleonic Code. In civilian 
courts, criminal cases moved through three distinct phases. First, a 
prosecutor investigated cases and submitted an opinion to a first 
instance judge, who determined whether there was sufficient evidence to 
open legal proceedings. If there was, the judge conducted an 
investigation and, in over 90 percent of cases, determined facts, guilt 
or innocence, and issued a sentence. In some cases, particularly those 
involving violence or public officials, the law requires that the first 
instance judge pass the results of the investigation to the superior 
court for an oral trial before a three-judge panel. Anyone convicted 
and sentenced by a first instance judge may appeal to the Superior 
Court up to the Supreme Court. All defendants had the right to be 
present at their trial. Defendants also had the right to counsel, 
although the public defender system often failed to provide indigent 
defendants with qualified attorneys.
    There was a presumption of innocence, defendants could call 
witnesses, and there was a system of bail. Attorneys had unimpeded 
access to their clients.
    Under the military justice system, judges in the lower courts had 
the power to sentence and were required to pass judgment within 10 days 
of a trial's opening. Defendants could then appeal their convictions to 
the Superior Military Council, which had 10 days to make its decision. 
A final appeal may be made to the Supreme Council of Military Justice, 
which must issue its ruling within 5 days. At the Superior Military 
Council and Supreme Council levels, a significant number of judges were 
active-duty officers with little or no professional legal training.
    When it resumed its mandate in 2000, one of the first acts of the 
Constitutional Tribunal was to remove jurisdiction over civilians 
accused of terrorism from military courts. By 2001 civilian courts were 
processing the cases of 152 of the approximately 600 civilians tried in 
military courts under the aggravated terrorism law, which equates 
terrorism with treason. Human rights groups and legal experts charged 
that vaguely worded definitions in the antiterrorism statutes often led 
judges to issue sentences disproportionate to the crimes committed. 
During the year, approximately 400 prisoners accused of treason related 
to terrorism offenses filed petitions for habeas corpus.
    Following the August 2000 Military Supreme Court decision to 
nullify the terrorism conviction and life sentence of U.S. citizen Lori 
Berenson, a civilian court tried her case. In June 2001, that court 
found Berenson guilty of collaboration with the MRTA terrorist group 
and sentenced her to 20 years in prison. Berenson's appeal to the 
Supreme Court was unsuccessful, but the IACHR determined that Berenson 
had not been given a fair trial. In July the Government took the matter 
to the Inter-American Court; there was no indication when the Court 
might rule on the appeal.
    In 2001 the Inter-American Court provided the Ministry of Justice a 
clarification of its 1999 ruling that two 1995 amnesty laws were 
incompatible with the American Convention on Human Rights. These 
exempted military officials from prosecution and were used to protect 
officers accused of the 1991 Barrios Altos massacre. Former 
intelligence adviser Montesinos faced more than 60 trials. Based on the 
clarification, the Government planned to bring other members of the 
security forces to justice in other human rights abuse cases (see 
Section 1.a.).
    In June 1999, the Inter-American Court of Human Rights ruled 
against the Government in the case of four Chileans convicted of 
treason by a military tribunal and sentenced to life in prison. The 
Court found that the military had denied the defendants' due process 
rights and ruled that a civilian court should have had jurisdiction. In 
May 2001, the Supreme Council of the Military Court invalidated an 
earlier military court decision against providing new trials and 
ordered new, civilian trials for the four Chileans. As of year's end, 
the oral phase of the trial was expected to begin in early 2003.
    A specialized terrorism chamber of the Superior Court handled 
terrorism cases. The chamber is based in Lima, but its judges travel to 
the provinces as needed. During the year, judges from this court 
traveled around the country to hear cases of persons with old warrants 
outstanding for terrorism charges (see Section 1.d.).
    In late 2000, the Government established a new Pardons Commission, 
which released 32 persons from prison during the year. A total of 760 
persons have been pardoned and released after being accused unjustly of 
terrorism since 1996. The original ad hoc Pardons Commission, with a 
mandate to consider applications of those who believed themselves to be 
accused unjustly of terrorism, ended its work on December 31, 1999. 
NGOs advocated that the new Commission expand its review to include all 
convictions and sentences rendered by military courts, but the 
Government had not made a decision on the matter at year's end. 
Approximately 1,500 cases were pending review.
    In August the Government issued a supreme decree to award 
compensation to persons released from prison through the Pardons 
Commission program, as recommended by the Human Rights Ombudsman in 
1999.
    There were no reports of political prisoners. Sendero Luminoso and 
MRTA members charged with or serving sentences for terrorism were not 
considered to be political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution requires security forces to have a 
written judicial warrant to enter a private dwelling. However, there 
were reports that the authorities did not always observe this 
requirement in practice.
    The Constitution provides for privacy of communication. There were 
few complaints that the Government violated this right.
    There was no progress in the case of former army intelligence (SIE) 
agent Luisa Margarita Zanatta Muedas, who fled the country in 1998, 
after allegedly providing information regarding SIE wiretapping 
operations. She was charged with disobedience and being absent without 
permission. In 1999 the Human Rights Ombudsman recommended that the 
Government pardon Zanatta, that the Public Ministry investigate the 
wiretapping, and that Congress broaden the investigation conducted by 
its committee on defense. At year's end, Zanatta's case was still under 
investigation and scheduled to be tried in a military court.
    In April Congress passed a new wiretapping law that expanded the 
scope of officials who are authorized to request wiretapping permits to 
the attorney general, district attorneys, and case prosecutors. A judge 
must approve each request. The Government contended that the new law 
should aid in fighting organized crime, but opponents protested that it 
lends itself to civil rights violations.
    A 2000 law makes military service voluntary and prohibits forced 
conscription. Registration for military service remains obligatory for 
men aged 18 and older. The President retains the authority to decree 
the reestablishment of mandatory service. Since past efforts to 
prohibit forced conscription failed, the Human Rights Ombudsman 
monitored the law's implementation. As of October, the Ombudsman's 
office had received eight complaints of forced conscription. There were 
also reports that some young men from poor, rural areas were taken into 
military service when they went to register; they were unaware that 
military service was no longer mandatory. Also, in some rural areas, 
families reported to human rights NGOs that their sons were taken into 
the military before they turned 18. According to NGOs, the military 
explained this by saying that young men who were eager to join their 
ranks sometimes lied about their age.
    There were no reports of forced conscription by the MRTA (most of 
whose surviving members are jailed). Sendero Luminoso, however, 
continued to coerce indigenous persons to join its ranks (see Section 
5).
    In December the Ombudman's office reported that there were new 
problems involving abuses by family planning personnel during the year. 
There were isolated reports that women did not take the full 72 hours 
to consider their alternatives, as is required by law, before 
undergoing voluntary sterilization procedures. This was generally 
attributed to the fact that some women arrived at a clinic ready to 
give birth and requested the sterilization procedure be performed that 
day, rather than having to make arrangements to return to the clinic at 
another time.
    Acting on allegations that more than 300,000 women were forcibly 
sterilized between 1995 and 2000 under the Fujimori administration, in 
October 2001, Congress directed the Commission on Health to investigate 
the voluntary surgical sterilization program. Earlier investigations of 
the allegations found that primarily during 1996-97, health workers in 
public hospitals and family planning clinics administered by the 
Ministry of Health had induced female patients to opt for sterilization 
by promising them food or another type of goods or services, or by not 
providing them with complete information about available alternatives.

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 problems remained. 
Although the general climate for freedom of the press improved, the 
Government harassed opposition journalists and those formerly with the 
Fujimori regime, using real or threatened judicial sanctions.
    The press represented a wide spectrum of opinion, including those 
in favor of and in opposition to the Government. In the greater Lima 
area, there were 25 daily newspapers, 7 television stations, 65 radio 
stations, and 2 news channels on 2 commercial cable systems. There were 
numerous small provincial newspapers, television and radio stations. 
All were privately owned except for one government-owned daily 
newspaper, one government-owned television network, and two government-
owned radio stations, none of which enjoyed a particularly large 
audience, although the television network covered the nation.
    Several media executives remained jailed pending investigations of 
corruption charges stemming from media manipulation during the Fujimori 
regime. At the end of 2001, Eduardo Calmell, former director of the 
daily Expreso, fled the country after being released from prison on a 
habeas corpus writ. At year's end, two minority shareholders of TV 
Channel 2 and the chairman of TV Channel 10 remained in jail. Other 
television executives were fugitives from justice, including the major 
shareholder and chairman of TV Channel 4, the major shareholder of TV 
Channel 5, and the chairman of the board of TV Channel 9.
    In May the authorities placed Alex and Moises Wolfenson, the 
publishers of pro-Fujimori tabloid El Chino and of opposition daily La 
Razon, under house arrest on corruption charges. On June 22, a radio 
station broadcast a tape in which Salomon Lerner Ghitis, the chairman 
of the Government-owned Financial Corporation for Development and a 
government insider, threatened Alex and Moises Wolfenson with judicial 
proceedings and jail time should they continue to criticize the 
Government. In September a court ratified the house arrest.
    On August 1, an anticorruption judge found daily newspaper El Tio 
and Editora Sport, S.A., the company that published opposition dailies 
La Razon and El Chino, and El Men, guilty of corporate embezzlement for 
the dealings their publishers Jose Olaya and Moises Wolfenson had with 
Vladimiro Montesinos.
    At year's end, the Government had not yet paid the compensation 
that the Inter-American Court ordered in February 2001 to Baruch Ivcher 
for violating his nationality, ownership, due process, and freedom of 
expression rights. On June 20, Congress passed a law accepting an 
arbitration procedure to fix the amount of compensation obtained in 
such proceedings, and the executive approved the law on July 7.
    In January President Toledo freed reporter Pedro Carranza, whom the 
Fujimori administration accused of being an MRTA member and jailed for 
8 years. Two reporters, Juan de la Matta and Javier Tuamana, were still 
in prison, also accused of terrorism by the Fujimori government.
    In April an anticorruption judge declared Channel 4 corporately 
responsible in the corruption proceedings against owners Jose Enrique 
Crousillat and Jose Francisco Crousillat, a decision upheld by the 
anticorruption criminal court in September. The Government's special 
prosecutor also requested that Channel 5, the Expreso newspaper, Si 
magazine and other formerly pro-Fujimori media be held corporately 
responsible in the proceedings against their owners. The authorities 
declared that Jose Francisco Crousillat, as well as his father, Jose 
Enrique Crousillat, were fugitives, which invalidated any statute of 
limitations on their corruption charges. In August and September, the 
court held daily tabloid Expreso, TV Channel 5, and TV Channel 4 
corporately responsible for their owners' corruption charges.
    Throughout the year, Genaro Delgado sought to regain control of 
Panamericana Television (Channel 5) through the courts, arguing that he 
was the majority stockholder. The officers of Panamericana Television 
cast the case as an affront to press freedom and accused President 
Toledo of intervening with the courts in Delgado's favor. The court 
eventually required Delgado to secure his claim by posting bond. He 
could not do so, and the case remained pending in the courts at year's 
end.
    A few journalists and media outlets were reportedly intimidated 
during the year. According to the National Journalists Association 
(ANP), 60 cases of harassment were reported through September, mainly 
in the provinces. The majority of these incidents took the form of 
threats of violence; threats of judicial proceedings; and charges of 
slander from local politicians, police, military officials, or 
businessmen.
    On February 4, Army specialist and Chepen military recruitment 
officer Cristobal Cardenas-Lazaro and photographer Ramon Bazan-Quiroz 
physically and verbally assaulted Hector Enrique Chavarry-Carahuatay, 
producer of the news program ``Democracia'' on the Frequencia Popular 
radio station in Chepen. Those involved in the attack said it was in 
retaliation for Chavarry-Carahuatay's frequent news stories on 
corruption involving the chief of the Chepen military recruitment 
office, who had allegedly been soliciting bribes from citizens applying 
for military identification cards.
    Also on February 4, producer Edmundo Gutierrez-Saldivar and host 
Bertha Chacon-Diaz of the program ``Presencia Regional Noticias,'' on 
the Oasis radio station in Quillabamba requested a personal protection 
order from deputy police chief for La Convencion province, in response 
to recurrent death threats from Army Major Jaime Llanos-Barron. 
Gutierrez-Saldivar and Chacon-Diaz reported that they had been followed 
for several days.
    On August 13, a crowd of President Toledo's supporters met the 
President and his wife with signs and handouts insulting opposition 
media, calling them ``Montesinos's jackals'' and accusing them of 
working to destabilize the Toledo administration. On August 14, 
anchorman Beto Ortiz showed in his Channel 2 TV program that a 
governmental organization published and distributed the handouts to the 
public at the airport.
    In September Gente magazine alleged being pressured by the 
Government for having published material about the second wedding 
between President Toledo and his wife. On October 9, the anticorruption 
judge Sara Maita opened an investigation against Gente publisher 
Enrique Escardo for Gente's having supported the 1996 government 
decision to withdraw Baruch Ivcher's citizenship.
    On October 24, a group of police officers allegedly used tear gas 
and beat a number of reporters in front of the Congress, where they 
were covering an event. Four journalists were injured, one of whom was 
hospitalized. The Interior Minister promised an investigation, as did 
President Toledo when he addressed the Inter-American Press Association 
the next day.
    The Government did not formally censor the media, although fears of 
generating unwelcome government attention encouraged journalistic self-
censorship. The Government did not censor books, publications, films, 
or plays.
    The Government did not limit access to the Internet.
    The Government did not restrict academic freedom.

    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of peaceful assembly, and the authorities 
generally respected this right in practice. The police used tear gas 
and occasionally force to disperse protesters in various demonstrations 
during the year. The law does not require a permit for a public 
demonstration; however, organizers must inform the Ministry of 
Interior's political authority (Prefect) about the kind of 
demonstration and its location. Demonstrations could be prohibited for 
reasons of public safety or health. Municipal authorities routinely 
granted permission for demonstrations.
    Political rallies were unimpeded throughout the regional elections 
campaign process. There were two incidents of violence targeted at 
members of the National Unity Party in the Cajamarca area. An 
independent, rival candidate was arrested for the murder of a National 
Unity mayor from the Cajamarca area (see Section 1.a.).
    Although most demonstrations were peaceful during the year, 
protests in Arequipa, Tarapoto, Aguatia and other areas turned violent 
with rock-throwing, tire-burning, looting, and other damage to public 
and private property. In June the Government declared a 30-day state of 
martial law in Arequipa following violent and destructive citywide 
protests against energy-sector privatization plans. Similar although 
smaller and less destructive protests in support of Arequipa's 
privatization protest took place June 17 and 18 in the southern cities 
of Moquegua, Juliaca, Cusco, and Tacna, where injuries and property 
damage were reported. In October a prosecutor in Arequipa accused 24 
police officers with killing Fernando Talavera Soto and Edgar Pinto 
Quintanilla, who died after being hit with tear gas canisters during 
the Arequipa protest (see Section 1.a.). The officers were charged with 
negligent homicide; no trial had begun at year's end.
    On July 17, protests by coca farmers turned violent as they 
ransacked an antinarcotics NGO's office and then burned equipment and 
vehicles in Aguaytia. Other groups blocked major highways with rocks 
and debris during the year to protest the Government's financial 
policies. According to human rights observers, the police generally 
maintained order during the year without using excessive force.
    There were over 3,000 protests by workers asking for higher wages 
and by disgruntled citizens pressing various social and economic 
demands. According to labor advocates, groups were able to express 
their opinions publicly, while the National Police generally maintained 
order in a lawful manner. Police occasionally used tear gas against 
protesters. Police arrested some protestors during the year for violent 
or destructive offenses.
    The Constitution provides for freedom of association, and the 
authorities 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; however, the Catholic Church received preferential treatment 
from the State. The Constitution establishes the separation of church 
and state, but it also acknowledges the Catholic Church's role as ``an 
important element in the historical, cultural, and moral development of 
the nation.'' The Catholic Church and Catholic clergy received 
preferential treatment and tangible benefits from the State in the 
areas of education, taxation of personal income, remuneration and 
taxation of institutional property. Teaching about Roman Catholicism in 
primary and secondary schools was mandatory. By law, the military could 
hire only Catholic clergy as chaplains, and Catholicism is the only 
recognized religion of military personnel.
    All faiths were free to establish places of worship, train clergy, 
and proselytize. Religious denominations or churches were not required 
to register with the Government or apply for a license. Conversion from 
one religion to another was allowed, and missionaries could enter the 
country and proselytize.
    The Freedom of Conscience Institute (PROLIBCO), an NGO that favored 
strict separation between church and state and opposed the preferential 
treatment accorded to the Catholic Church, claimed that the Government 
discriminated against non-Catholic groups by requiring payment of 
import duties and a sales tax on Bibles brought into the country. In 
May 2001, the Jehovah's Witnesses claimed that the Government denied 
them tax exemption for imported Bibles and other religious educational 
material. In April they filed two legal actions to uphold their right 
as a nonprofit educational entity to be exonerated from payment of 
duties. In May a Superior court ordered the temporary suspension of the 
surety fees, but according to PROBLICO, by year's end the court had not 
made a final ruling in this case.
    The Ministry of Education required all primary schools, both public 
and private, to follow a set Catholic religion course. Parents who did 
not wish their children to participate in the mandatory religion 
classes had to request an exemption in writing to the school principal. 
According to PROBLICO, there were some complaints that requests for 
exemptions were denied during the year. Non-Catholics who wished their 
children to receive a religious education in their own faith were free 
to organize such classes, at their own expense, during the weekly hour 
allotted by the school for religious education, but had to supply their 
own teacher.
    PROLIBCO objected to the requirement to teach the Catholic religion 
in the school curriculum. It claimed that the alternatives available to 
non-Catholic parents violated the constitutional protection of privacy 
and confidentiality of one's convictions and beliefs. PROLIBCO 
supported an initiative by two nonsectarian (and antireligious) 
organizations, the Lima-based Movimiento Arreligioso Peruano and Masa 
Peru, to eliminate from the Constitution any reference to the Catholic 
Church. In addition, PROLIBCO was seeking to collect enough signatures 
to ask the Constitutional Court to rule on the 1980 Concordat signed 
with the Vatican that granted special status to the Catholic Church.
    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 free movement; however, the authorities legally may restrict persons 
with pending criminal and, in some cases, civil charges against them 
from leaving the country. Police could check travelers at control 
points throughout the country. There were no other political or legal 
constraints on foreign travel or emigration. Repatriates, both 
voluntary and involuntary, were not treated differently from other 
citizens.
    The Constitution prohibits the revocation of citizenship. However, 
according to the Nationality Law, naturalized citizens may lose their 
citizenship for, among other reasons, committing crimes against the 
State, national defense, and public security, as well as for reasons 
that ``affect the public interest and the national interest.''
    Sendero Luminoso occasionally interrupted the free movement of 
persons by setting up roadblocks in sections of the Upper Huallaga 
Valley and the Apurimac and Ene River Valleys.
    Political violence in the 1980s and early 1990s resulted in the 
internal displacement of hundreds of thousands of persons and massive 
migration. Despite government and NGO efforts, many internally 
displaced persons (IDPs) lacked basic documentation, such as birth 
certificates and voter registration cards. The Government's program for 
the Repopulation and Development of Emergency Zones (PAR) provided 
documentation that can be used both to request PAR assistance to return 
to one's community of origin and to apply for a national identity card.
    The law, which was updated in December, includes provision for 
granting refugee and asylee status in accordance with the provisions of 
the 1951 U.N. Convention Relating to the Status of Refugees and its 
1967 Protocol. The Government cooperated with the U.N. High 
Commissioner for Refugees in granting refugee status and recognized the 
Catholic Migration Commission as the official provider of technical 
assistance to refugees. The commission also advised citizens who feared 
persecution at home and sought asylum abroad. As of December, the 
Catholic Migration Commission reported that 83 individuals had 
requested refugee status. There were 58 persons who transited another 
country to ask for first asylum. The Government recognized 10 
individuals as new refugees, and there were 784 refugees in the 
country. Refugees were allowed to live and work without restrictions 
and may apply for naturalization. The status of refugees was reviewed 
annually.
    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, and citizens exercised this right through free 
and fair elections.
    In July 2001, President Alejandro Toledo assumed the presidency 
following a peaceful transfer of power through generally free and fair 
national elections held in April and June 2001. Voting was by secret 
ballot and mandatory for citizens between the ages of 18 and 70; 
however, members of the armed forces and the police, as well as felons, 
were ineligible to vote. As of December, Congress was considering a 
bill that would give members of the armed forces and the police the 
right to vote. The law bars groups that advocate the violent overthrow 
of the Government from participating in the political process.
    In 2000 the 120-member Congress approved the creation of multiple 
district representation for electing members to Congress, which was 
designed to provide better geographic representation. Following the 
April 2001 elections, the party breakdown in Congress was 45 seats, 
Peru Posible; 28 seats, APRA; 17 seats, Unidad Nacional; 13 seats, 
Decentralized Parliamentary Union; 11 seats, Independent Moralizing 
Front (FIM); 3 seats, Cambio 90-Nueva Mayoria; and 1 seat each for 
Solucion Popular, Renacimiento Andino, and Todos Por La Victoria. The 
length of a term in Congress is 5 years. The legislature functioned 
independently from the executive.
    The Constitution establishes three bodies to administer elections: 
The National Board of Elections (JNE); the National Office of Electoral 
Processes (ONPE); and the National Registry of Identification and Civil 
Affairs (RENIEC). The JNE sets the legal parameters and rules on 
election-related disputes and challenges. The ONPE administers 
elections and the RENIEC issues election identity documents.
    On November 17, over 12 million citizens cast ballots for regional 
and municipal officials. Regional governments did not exist in the 
political structure prior to this election. Election observers, 
including the Organization of American States, and the media agreed 
that the balloting and counting of votes were transparent, free, and 
fair. The new regional government officials were scheduled to take 
office in January 2003.
    The November 17 elections were generally peaceful, although more 
than 40 violent incidents were reported, primarily in the interior of 
the country, including a confrontation between protesters and soldiers 
guarding voting materials that resulted in two deaths. A heavy police 
and military presence helped ensure order on election day. On election 
day, Sendero Luminoso guerrillas fired on a police unit in La Libertad 
department, but no one was injured. On November 15, Sendero Luminoso 
elements killed a PNP captain in a confrontation near Ayacucho.
    In July 2001, the Judicial Branch reopened the investigation into 
the falsification of over 1 million voter signatures that occurred 
during the 2000 elections. The authorities brought charges against Jose 
Portillo, former chief of ONPE, for election fraud in relation to the 
falsified signatures. As of December, Portillo remained under house 
arrest and an investigation was underway.
    Also in July 2001, Congress modified the election law. The 
percentage of signatures required for the registration of a new 
political party was reduced from 4 percent to 1 percent of the voters 
who participated in the past election. The modified law prohibits 
reelection of a president to successive terms.
    In June Congress voted to suspend Congresswoman Martha Chavez from 
her congressional duties following allegations of corruption. She was a 
member of Fujimori's Cambio 90 party. Although not removed from 
Congress, Chavez was barred from participation in congressional 
activities. Her immunity from judicial proceedings was lifted as a 
result of the vote, and a trial was pending at year's end.
    Women and some minorities participated actively in government and 
politics. A 2000 law states that at least 30 percent of each party's 
ballot for congressional elections, and at least 25 percent of 
candidates for municipal elections, must be from each sex. There were 
21 women in the 120-member Congress. There was 1 woman in the 16-member 
Cabinet, the Attorney General was a woman, and there was 1 woman on the 
Supreme Court.
    Traditionally, most leadership positions in government were held by 
an elite minority of European descent. President Toledo was the 
country's first elected president of mixed Caucasian and indigenous 
ancestry. However, it was rare for indigenous persons, who make up more 
than one-third of the population, to hold high public office. One 
member of the Aymara indigenous group served in Congress and was the 
head of the Committee for Indigenous and Afro-Peruvian Affairs until 
July.
    The Afro-Peruvian minority, unofficially estimated to be 3 to 5 
percent of the total population, was not represented in the leadership 
of the executive branch of the Government. There were three Afro-
Peruvian members of Congress.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government permitted numerous NGOs dedicated to monitoring and 
advancing human rights to operate freely; unlike in previous years, 
these groups reported no harassment or other attempts by the 
authorities to hinder their operations.
    Most human rights NGOs were independent and generally objective. 
The National Coordinator for Human Rights (Coordinadora) was an 
umbrella organization for more than 60 human rights NGOs. The 
Coordinadora sought to avoid politicizing its positions on human rights 
issues, although its constituent members could do so in their own 
names. A number of other human rights groups associated with the 
Catholic Church or with government institutions operated independently 
or on the margins of the Coordinadora.
    The human rights community reported that the Toledo administration 
continued to work toward strengthening government-civil society 
relations. Toledo named former human rights advocate Gino Costa as 
Minister of Interior in July. Several other high level officials at the 
Ministry of Interior had strong human rights backgrounds. Unlike in 
previous years, government officials did not accuse NGOs of being 
overprotective of criminals and terrorists to the detriment of victims. 
There were some government complaints that the IACHR was overprotective 
of terrorists.
    According to COMISEDH, military commanders occasionally did not 
grant access to military facilities to human rights observers. In 
December 2000, the Human Rights Ombudsman's office was granted access 
to the Callao naval base for the first time. The Ombudsman's office 
continued to have access to the prison at the Callao naval base, as 
well as other facilities during the year (see Section 1.c.). Not all 
government facilities provided access to the public; NGOs may work 
through the Ombudsman's office for information regarding a military 
facility.
    The Office of the Human Rights Ombudsman received funds from the 
Government and foreign governments and was considered an independent 
and effective institution. Congress votes to select the Ombudsman, who 
must receive at least a two-thirds majority of votes and serves a 5-
year term. The Ombudsman's office had investigative independence and 
the ability to inform the public of its conclusions and 
recommendations. However, the office had no enforcement mechanism other 
than moral suasion. The Ombudsman's office issued reports throughout 
the year on a variety of issues including forced disappearance, a 
compendium on legislation for victims of terrorism, family planning 
services offered by the Ministry of Health, and an annual report on the 
overall human rights situation.
    At year's end, there was an interim Ombudsman. The former Ombudsman 
left office in 2000 to run for president in the April 2001 elections. 
On April 30, Congress tried to elect a new Ombudsman, but the vote 
failed to produce a required two-thirds majority. Human rights, 
political, and civil society leaders criticized Congress for its 
inability to come to consensus, thereby placing the institution in 
jeopardy. To improve the odds that Congress will be able to reach a 
consensus in the future, in September Congress changed the Ombudsman's 
law to provide that Congress may vote to invite an individual to run 
for Ombudsman, if at least 20 percent of Congress (24 members) vote to 
support that person's candidacy. Congress anticipated that with an 
initial backing of 20 percent of congressional members, a candidate 
would have a better chance of receiving the required two-thirds 
majority (80 votes).
    In February 2001, the country returned to the jurisdiction of the 
Inter-American Court of Human Rights. In July 1999, the Fujimori 
government withdrew from the Court after the Court determined that the 
Government failed to provide due process in the case of four Chileans 
convicted of aggravated terrorism and treason by a military tribunal 
(see Section 1.e.).
    In August the IACHR reported that the Government had not complied 
with Commission recommendations as it had promised to do in 159 cases 
of human rights violations from past years. In August the IACHR's 
Rapporteur for Peru visited the country to evaluate the Government's 
progress and was to present the findings of that visit before the 
Commission later in the year.
    The Truth and Reconciliation Commission, established by former 
President Paniagua and strengthened by President Toledo, began work in 
November 2001. The commission has a mandate to analyze the political, 
social, and cultural conditions that fostered an era of violence 
between May 1980 and November 2000, during which more than 25,000 
persons were killed and--according to the Ombudsman in May--6,089 
persons disappeared. The commission also is to clarify abuses of human 
rights committed by terrorists and the State; locate the victims or 
their remains; determine individual or institutional responsibility for 
these violations; propose a system of reparations for the victims' 
families; recommend institutional, legal, and educational reforms; and 
propose initiatives designed to advance peace, the rule of law, 
national reconciliation, and democracy. The commission has no authority 
to prosecute alleged perpetrators. It collected testimony from 14,000 
victims, victims' families, and other witnesses. The commission held 
dramatic and emotional public hearings during the year where survivors 
and family members of murdered or disappeared victims told of the 
violence inflicted by government and paramilitary forces. On July 1, 
the Government announced that it had extended the commission's working 
period by 5 months, until July 2003.
    There were no reports of Sendero Luminoso hampering the work of 
human rights observers.

Section 5. Discrimination Based On Race, Sex, Disability, Language, Or 
        Social Status
    The Constitution provides for equal rights for all citizens, and 
specifically prohibits discrimination based on ethnic origin, race, 
sex, language, opinion, or economic condition. However, discrimination 
against women, persons with disabilities, indigenous people, and racial 
and ethnic minorities persisted, although progress was made in a number 
of areas.

    Women.--Violence against women, including rape, spousal abuse, and 
sexual, physical, and mental abuse of women and girls was a chronic 
problem. Such abuses were aggravated by insensitivity on the part of 
law enforcement and judicial authorities toward the female victims. A 
National Institute of Statistics and Information (INEI) survey reported 
that during 2000, 34 percent of women were battered by their partner, 
and that 19 percent of those women were battered frequently. The survey 
reported that close to 43 percent of poor women were battered. The 
Ministry of Women and Social Development (MIMDES) and NGOs agreed that 
many domestic abuse cases were never reported. Although official 
figures for the number of arrests and convictions in abuse cases were 
unavailable, NGO sources contended that the majority of reported cases 
did not result in formal charges due to fear of retaliation from the 
accused spouse, or because of the cost involved in pursuing a 
complaint. In addition, legal and physical protection was limited by 
delays in legal processes, ambiguities in the law, and lack of 
alternative shelter and income for victims.
    The domestic violence law gives judges and prosecutors the 
authority to prevent the convicted spouse or parent from returning to 
the family's home; authorizes the victim's relatives and unrelated 
persons living in the home to file complaints of domestic violence; and 
allows any health professional to certify injuries. In 2000 Human 
Rights Watch called on the Government to improve legislation on 
domestic violence by eliminating mandatory reconciliation sessions 
between victims and abusers, and by providing law enforcement and 
social service providers with training to improve their sensitivity to 
victims' needs. In January 2001, Congress approved a law that states 
that reconciliation sessions between the abuser and victim are not 
required in cases of domestic violence. A 2000 law expanded the 
definition of domestic violence to include sexual violence, and to 
include all intimate partners whether or not the victim and perpetrator 
had ever lived together.
    MIMDES ran the Women's Emergency Program, which focused on the 
legal, psychological, and medical problems facing women and children 
who were victims of domestic violence. As of August, MIMDES operated 36 
centers staffed entirely by women, bringing together representatives of 
various government institutions--police, prosecutors, counselors, and 
public welfare agents--to which abused women might need recourse. As of 
August, these centers had assisted about 20,338 victims of domestic 
violence and abuse. The monthly average of reported abuse cases was 
approximately 2,500. MIMDES continued its public education campaign to 
sensitize government employees and the public to domestic violence. 
With NGO assistance, MIMDES educated police about domestic violence and 
trained officers in all police stations in processing domestic violence 
cases. The Human Rights Ombudsman's Office continued to complain that 
officers reacted indifferently to charges of domestic violence, even 
though the law requires all police stations to receive such complaints.
    According to the Human Rights Ombudsman, many rape victims 
complained at court-appointed medical examiners inappropriately delved 
into their sexual histories. The victims accused judges of looking more 
favorably on rape victims who were virgins prior to the rape and of 
believing that a woman who was raped must have enticed her attacker. 
Many victims were afraid of personally filing a complaint of sexual 
abuse, particularly in cases where the perpetrators were police 
officers.
    Prostitution is legal, but the law prohibits and sanctions 
activities of those who would obtain benefits from prostitution, such 
as pimps.
    Sexual harassment was a problem, according to the Ombudsman's 
office. The law against sexual harassment does not provide for 
sanctions or sentencing but does give victims of sexual abuse the right 
to abandon their job and subsequently sue their abuser. Women's rights 
advocates contended that the law was completely ineffective, noting 
that it had never been applied in court. In October the Congressional 
Commission for Women and Social Development approved a bill that would 
prohibit sexual harassment in the public sector (military, police, 
etc.) and punish the offense.
    In December the Ombudman's office reported that there were new 
problems involving abuses by family planning personnel during the year 
(see Section 1.f.).
    Also in December, the Ombudsman's office reported that it had begun 
documenting cases of failure by the Ministry of Health to provide 
voluntary sterilizations to clients who sought such services at their 
facilities. The Ministry of Health criticized the Ombudsman's office 
for this statement.
    The Constitution provides for equality between men and women, and 
95 amendments to the Employment Promotion Law, as well as other laws 
relative to marriage, divorce, and property rights, prohibit 
discrimination against women. Racial and sexual discrimination in 
employment advertisements or announcements of educational opportunities 
were prohibited; however, they continued to occur in practice. In June 
2001, the Constitutional Tribunal declared unconstitutional a 1998 law 
that stripped 3,000 policewomen of their ranks as officers. The law 
prohibits the arbitrary firing of pregnant women.
    Traditional assumptions and misconceptions often impeded access by 
women to leadership roles in both the public and private sectors. Women 
primarily from the upper and upper-middle classes advanced in recent 
years into leadership roles in various companies and government 
agencies. Due to societal prejudice and discrimination, women 
historically suffered disproportionately from the country's pervasive 
poverty and unemployment.

    Children.--The Government provides free, compulsory education 
through secondary school. Education was generally available throughout 
the country, but there was a shortage of qualified teachers, primarily 
in jungle regions. Fees for uniforms and books posed problems for poor 
families. Largely because of widespread poverty, approximately one-
third of all school-age children and adolescents worked during daytime 
hours rather than attend school. Approximately 6 percent of children 
between the ages of 6 and 12, and 17 percent of adolescents between the 
ages of 12 and 17, either never attended school or abandoned their 
education. Among children and adolescents who lived in poverty or 
extreme poverty, the corresponding figures were 51 percent for children 
aged 5 to 9 years old and 50 percent for children aged 10 to 14. School 
nonattendance was highest in rural and jungle areas and affected girls 
more than boys. Pregnant school-age girls had the right to begin or 
continue attending school.
    An INEI survey conducted during 2000 estimated that nearly 70 
percent of the country's 10 million children under 18 years of age 
lived in poverty; of them, roughly 20 percent lived in extreme poverty. 
Approximately 25 percent of children under age 5 were malnourished. The 
infant mortality rate was 39 per 1,000. According to INEI, 
approximately 75 percent of children not living in poverty attended 
school through the high-school level, whereas only 43 percent of 
children living in poverty reached high school. Children living in 
poverty averaged only 4.5 years of education compared to 9.3 years for 
children living above the poverty line. Only 1.2 percent of children 
living in extreme poverty attained university-level education, compared 
with 25.6 percent of children who lived above the poverty line.
    MIMDES's Children's Bureau coordinated child and adolescent related 
government policies and programs. At the grassroots level, 1,010 
Children's Rights and Welfare Protection Offices received and resolved 
complaints ranging from physical and sexual abuse to child support, 
abandonment, and undetermined guardianship. Provincial or district 
governments operated approximately 55 percent of these offices, while 
schools, churches, and NGOs ran the remaining 45 percent. Law students 
staffed most of the units; only the offices in the wealthiest districts 
of the country had professionally trained lawyers, psychologists, and 
social workers. When these offices could not resolve cases, officials 
typically referred them to the local prosecutors' offices of the Public 
Ministry. Settlements adjudicated by these offices were binding legally 
and had the same force as judgments entered by a court of law.
    Violence against children and the sexual abuse of children were 
serious problems. The INEI survey showed that an estimated 41 percent 
of parents abused their children. In rural areas, this figure increased 
to 55 percent. In 2000 the Municipal Ombudsman's Office for Children 
and Adolescents for Lima and Callao documented 586 sexual assaults 
against children 5 years of age and under; 2,937 against children aged 
6 to 12; and 5,935 against children aged from 13 to 17. The report 
confirmed that 70 percent of the assaults occurred in the home by a 
relative or someone known to the victim and the victim's family. 
According to NGOs, many abuse cases were never reported to the 
authorities, since many persons believed that such problems belong 
within the family and should be resolved privately. MIMDES's Women's 
Emergency Program worked to address the legal, psychological, and 
medical problems facing women and children who were victims of 
violence.
    Although laws exist that prohibit sexual abuse of minors and police 
enforce such laws, there continued to be reports of child prostitution.
    Street crime committed by children and adolescents, including 
robbery, physical assault, and vandalism, was often gang-related. In 
2001 the Government rescinded laws that allow 16- to 18-year-old 
criminal gang members to be prosecuted in military courts and sentenced 
to a minimum of 25 years in adult prisons (see Section 1.e.).
    Child labor was a serious problem (see Section 6.d.).
    The National Initiative on the Rights of the Child was the largest 
NGO of its kind and coordinated the work of 27 groups concerned with 
the problems of children throughout the country.

    Persons with Disabilities.--The Constitution provides that persons 
with severe disabilities have ``the right to have their dignity 
respected and to be provided by law with protection, care, 
rehabilitation, and security.'' Legislation that established the 
National Council for the Integration of People with Disabilities 
(CONADIS) specifies rights, allowances, programs, and services. The law 
prohibits discrimination, mandates that public spaces be barrier-free 
and that buildings be architecturally accessible, and provides for the 
appointment of a disability rights specialist in the Human Rights 
Ombudsman's office. Congress passed a resolution designating 2003 as 
the ``Year of the Disabled,'' to raise awareness about problems faced 
by disabled citizens. In practice, however, the Government devoted 
little attention and resources to persons with disabilities, who 
remained economically and socially marginalized.
    The 1993 census counted 288,526 persons with disabilities, or 1.3 
percent of the population; however, in 2001 the Ministry of Health and 
the Pan American Health Organization estimated that the actual number 
of persons with disabilities could be as high as 3 million, or 13.8 
percent of the population. CONADIS estimated that between 10 and 13 
percent of the population was disabled.
    The Government did not allocate sufficient funds to make genuine 
integration of persons with disabilities into the economy possible. In 
2001 Congress increased the annual budget allocated to integrate 
persons with disabilities into the economy from $250,000 to $457,000 
(875,000 to 1.6 million soles). Although the law prohibits 
discrimination in the workplace, it is vague regarding the source of 
funds to pay for the human assistance, technological support, and 
environmental adaptations that often are necessary to enable workers 
with disabilities to be productive. As a result, persons with 
disabilities and the private agencies serving them generally relied on 
public charity and on funding from international organizations.
    Although construction regulations mandate barrier-free access by 
persons with physical disabilities to public service buildings, little 
effort was made to implement this provision. There were no 
accommodations, such as interpreters for the deaf in government service 
offices and Braille or recorded versions of the Constitution, which 
would facilitate the participation of persons with disabilities in the 
basic processes of democracy and citizenship. However, the Human Rights 
Ombudsman reported that a program to facilitate voter education and 
access for persons with disabilities in the 2001 elections was 
successful.
    According to officials of the Institute for Social Security, less 
than 1 percent of persons with severe disabilities actually worked. 
Among those who did, many were channeled into occupations traditionally 
assumed to be ``suitable'' for persons with disabilities, such as 
telephone switchboard operation and massage, in the case of the blind. 
Some private companies initiated programs to hire and train persons 
with disabilities, and a private foundation provided small loans to 
persons with disabilities to start up businesses. Nevertheless, such 
persons faced discrimination by potential employers. For example, the 
statute governing the policies and procedures of the judicial branch 
specifically prohibits the blind from serving as judges or prosecutors, 
a provision that the National Judiciary Council has interpreted to 
apply to all persons with disabilities.

    Indigenous Persons.--The Constitution prohibits discrimination 
based on race and provides for the right of all citizens to speak their 
native language; however, the large population of indigenous persons 
faced pervasive societal discrimination and social prejudice. Many 
factors impeded their ability to participate in, and facilitated their 
deliberate exclusion from, decision making directly affecting their 
lands, culture, traditions, and the allocation of natural resources. 
According to indigenous rights groups, the 1993 Constitution and 
subsequent implementing legislation are less explicit about the 
inalienability and unmarketability of native lands than earlier 
legislation. Pervasive discrimination and social prejudice intensified 
feelings of inferiority and second-class citizenship. Many indigenous 
persons lacked basic documents such as a birth certificate or a voter's 
registration card that normally would identify them as full citizens 
and enable them to play an active part in society.
    Many other factors also contributed to the marginalization of 
indigenous people in society. Poor transportation, language barriers, 
and communications infrastructure in the highlands and in the Amazon 
jungle region made political mobilization and organization difficult. 
The geographic isolation of much of the indigenous population and the 
centralization of government in Lima further limited the access and 
participation of indigenous people in society.
    The native population of the Amazon region, estimated at between 
200,000 and 300,000 persons, faced pervasive discrimination and social 
prejudice. In accordance with local culture and traditions, most of the 
native communities have a spiritual relationship with their land, and 
the concept of land as a marketable commodity is alien to them. 
Nevertheless, according to the director of the Human Rights Ombudsman's 
Native Communities Program, the only right still statutorily set aside 
for this native population with respect to its land is that of 
``unassignability,'' which prevents the title to such lands from being 
reassigned to some nonindigenous tenant by right of tenure. However, 
the marketing and sale of the lands are no longer prohibited.
    Indigenous groups continued to resist encroachment on their native 
lands by oil exploration and drilling interests. Many indigenous 
persons did not have title to the land on which they lived. For those 
who did, title to land does not include mineral or other subsoil 
rights, which belong to the State; this problem led to conflicts 
between mining interests and indigenous communities. Indigenous groups 
asserted that such encroachment often can damage the environment and 
negatively affect the health of the native people. For example, the 
45,000 Aguaruna and the Huambisa, who inhabit an area near the border 
with Ecuador, are only two of many indigenous groups that complained 
about intolerable living conditions and inaccessible public services. 
In the same region, along the Pastaza River, the 4,700 members of the 
Achuar people lived in 36 communities, only 12 of which had title to 
their land.
    Persons of indigenous descent who live in the Andean highlands 
speak Aymara and Quechua, recognized as official languages. They are 
ethnically distinct from the diverse indigenous groups that live on the 
eastern side of the Andes and in the tropical lowlands adjacent to the 
Amazon basin.
    The Government's Indigenous Affairs Commission has a mandate to 
coordinate state services to meet the needs of indigenous people. The 
Commission, which is chaired by MIMDES, has among its members officials 
from a variety of relevant ministries as well as representatives of the 
indigenous peasant population in the highland and coastal areas, the 
native population of the Amazon jungle, and the Afro-Peruvian 
community. In 1999 Congress created an Indigenous Affairs Committee, 
which served to address the needs of the indigenous communities. In 
August Congress modified the committee's mandate to include indigenous 
peoples from the Amazon region, and changed its name to the Amazon, 
Indigenous, and Afro-Peruvian Affairs Committee.
    President Toledo was the country's first elected president of mixed 
Caucasian and indigenous ancestry.
    The two principal NGOs that represented the interests of the native 
population of the Amazon region were the Inter-Ethnic Association for 
the Development of the Peruvian Jungle (AIDESEP) and the Confederation 
of Amazonian Nationalities of Peru (CONAP). Both organizations joined 
the Permanent Conference of Indigenous Peoples, an umbrella body that 
coordinated the activities of the country's indigenous population. 
CONAP believed that mining and other development operations were 
inevitable and, therefore, wanted native communities to share the 
benefits. AIDESEP opposed territorial encroachments. Both AIDESEP and 
CONAP were critical of the 1995 land law, which permits Amazonian land 
to be bought and sold if no one is living on it or otherwise making use 
of it.
    Sendero Luminoso continued to be a leading violator of the rights 
of indigenous people. The terrorist group continued to coerce 
indigenous peasants into joining its ranks and to demand war taxes. In 
December the Government announced that the police would attempt to 
rescue the members of at least 200 families, primarily from the 
Ashaninkas indigenous group, who were believed to be held captive by 
Sendero Luminoso forces in the central jungle areas of Junin and 
Ayacucho. The families were being forced to work in the cultivation of 
illegal coca leaves, provide lookout protection, and to prepare meals 
and perform other basic chores. Living and working conditions for the 
Ashaninkas in the encampment areas were reported as inhumane.

    National/Racial/Ethnic Minorities.--In December 2000, Congress 
passed legislation that made racial discrimination a crime, with 
penalties varying from 30 to 60 days of community service. For public 
officials the sentence is between 60 and 120 days of community service; 
violators also were disqualified from holding public office for 3 
years. The country's population includes several racial minorities, the 
largest of which are persons of Asian and African descent. Afro-
Peruvians, who tended to be concentrated along the coast, often faced 
discrimination and social prejudice, and they were among the poorest 
groups in the country.
    On April 25, the Government's Indigenous Affairs Commission 
expanded to include Afro-Peruvians. In August Congress changed the name 
of its committee addressing the needs of the indigenous communities in 
the country, including Afro-Peruvians, to the Amazon, Indigenous, and 
Afro-Peruvian Affairs Committee.
    Afro-Peruvians generally did not hold leadership positions in 
government, business, or the military; however, there were three Afro-
Peruvian members of Congress. Both the navy and the air force were 
believed widely to follow unstated policies that exclude blacks from 
the officer corps. The law prohibits newspaper employment 
advertisements from specifying the race of the candidates sought, but 
employers often found discreet ways to relegate blacks to low-paying 
service jobs. The law prohibits various forms of discrimination by 
retail establishments against prospective customers. However, the law 
has not deterred discriminatory practices. Afro-Peruvians were often 
portrayed unflatteringly by the entertainment industry as individuals 
of questionable character.
    Although citizens of Asian descent historically suffered 
discrimination, their social standing improved in recent years. Many 
persons of Asian descent held leadership positions in business and 
government.

Section 6. Worker Rights

    a. The Right of Association.--The Constitution and the law provide 
for the right of association; however, worker rights advocates claimed 
that the laws were overly restrictive. About 5 percent of the formal 
sector workforce of 8.3 million belonged to organized labor unions. 
There were approximately 12 million economically active persons in the 
country, of which about 49 percent had permanent employment, 43 percent 
were underemployed, and 8 percent were unemployed. Government and labor 
estimates showed that well over half of all workers participated in the 
informal sector of the economy or were underemployed in the formal 
sector.
    Labor regulations provide that workers may form unions on the basis 
of their occupation, employer affiliation, or geographic territory. 
Workers were not required to seek authorization prior to forming a 
trade union, nor could employers legally condition employment on union 
membership or nonmembership. In the past, labor advocates asserted that 
laws promulgated by the Fujimori administration in 1992, as well as 
provisions included in the 1993 Constitution, failed to protect the 
rights of workers to form unions. Labor advocates claimed that many 
workers were reluctant to organize due to fear of dismissal. In 
December Congress passed a law that addressed some of the International 
Labor Organization's (ILO) primary objections to the 1992 labor law. 
The new law allows apprentices to join unions, reduces the number of 
individuals required to form a union, recognizes the right to strike, 
and allows for collective bargaining by sector.
    In recent years, the ILO criticized a provision that permitted 
businesses to employ up to 30 percent of their workforce from workers 
between the ages of 16 to 25 in apprenticeship-type jobs; workers in 
this age bracket were precluded from union membership and 
participation. To address this complaint, a 2001 law reduced to 10 
percent the percentage of employees that a company may employ as 
apprentices between the ages of 16 and 25.
    In December 2000, then-President Paniagua established a tripartite 
National Labor Council for the Government, workers, and business to 
address labor problems. In September 2001, President Toledo reinstalled 
the National Labor Council and opened two regional councils, one in 
Arequipa and one in Cusco, to address labor issues unique to each 
region. The Council served to maintain a dialog between labor, 
business, and the Government.
    Unions represented a cross section of political opinion. Although 
some unions traditionally were associated with political groups, the 
law prohibits unions from engaging in explicitly political, religious, 
or profit-making activities. Union leaders who ran for Congress in the 
2001 elections did so without official union sponsorship. Nevertheless, 
some union activists who ran for public office received unofficial 
backing from their unions.
    The new law passed in December addressed some of the ILO's 
objections to former legislation on collective bargaining. In the past, 
the main union confederations criticized the Employment Promotion Act, 
amended in 1995 and 1996, for restricting the rights of workers, 
including the freedom of association and the right of workers to 
bargain collectively. Unions also complained that the law eliminates 
the right of dismissed workers to compulsory reinstatement if they 
prove that employers dismissed them unjustly. In practice, companies 
sometimes offered financial compensation instead of reinstatement as 
the legislation allows. Although the law prohibits companies from 
firing workers solely for involvement in union activities, this 
provision was not enforced rigidly. In November 2000, the ILO's 
Committee of Freedom of Association recommended that the Government 
enforce legislation protecting workers from dismissal on account of 
membership in a union or participation in union activities. In the 
first such action by the judiciary, in September the Constitutional 
Tribunal ruled that a major company, Telefonica, had to rehire over 400 
workers suspected of being fired for their union affiliation.
    In July Congress passed a law regarding collective dismissals that 
reinstated workers' rights in this area. In December the Ministry of 
Labor published a list of 7,156 names of former public sector employees 
who stand to benefit from the new Collective Dismissal Law. Additional 
names of approximately 5,850 eligible beneficiaries were to be released 
in 2003. The workers were among those deemed to have been fired 
unjustly during the Fujimori administration.
    There were no restrictions on the affiliation of labor unions with 
international bodies. Several major unions and labor confederations 
belonged to international labor organizations, the international trade 
secretariats, and regional bodies.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution recognizes the right of public and private sector workers 
to organize and bargain collectively; however, it specifies that this 
right must be exercised in harmony with broader social objectives. 
Labor regulations provide that workers may form unions on the basis of 
their occupation, employer affiliation, or geographic territory. The 
law does not prohibit temporary employees from joining a union, but 
they may not join the same union as permanent workers.
    Union officials must be active members of their union, but the 
number of individuals each union may designate as ``official'' is 
limited, as is the amount of company time they may devote to union 
business. There were no legal restrictions that prevented unions from 
negotiating for higher levels of worker protection than the baseline 
standards provided for by law. There was no legal protection against 
employer interference in trade unions.
    A union had to represent at least 20 workers in order to become an 
official collective bargaining agent. Representatives could participate 
in collective bargaining negotiations and establish negotiating 
timetables. Management negotiating teams could not exceed the size of 
union teams, and both sides were permitted to have attorneys and 
technical experts present as advisers.
    Labor regulations permit companies unilaterally to propose 
temporary changes in work schedules, conditions, and wages, and to 
suspend collective bargaining agreements for up to 90 days, if obliged 
to do so by worsening economic circumstances or other unexpected 
negative developments, provided that they give their employees at least 
15 days' notice of such changes. However, worker rights advocates 
alleged that, in practice, few employers respected this provision. If 
workers rejected an employer's proposed changes, the Ministry of Labor 
was required to resolve the dispute based on criteria of 
``reasonableness'' and ``economic necessity.'' Whether the changes 
proposed by employers in such instances were upheld in full or in part, 
employers were required to adopt all possible measures, such as the 
authorization of extra vacation time, in order to minimize the negative 
economic impact on their employees.
    Although a conciliation and arbitration system exists, union 
officials complained that their proportionate share of the costs of 
arbitration often exceeded their resources. In addition, union 
officials claimed that, as the law prohibits temporary workers from 
participating in the same union as permanent workers, companies have 
resorted to hiring workers ``temporarily'' to prevent increases in the 
number of union members. To address this concern, Congress passed a law 
in 2001 that restricts the number of temporary workers hired to 20 
percent of a company's work force. Some labor advocates continued to 
claim that some companies did not comply with the law. Employers denied 
that they were biased against unions, and argued that the labor 
stability provisions of the legislation made long-term commitments to 
workers too expensive.
    The new labor law passed in December addressed some of the ILO's 
objections to the 1992 labor law concerning the right to strike, 
including a requirement that a majority of workers in an enterprise, 
regardless of union membership, must vote in favor of any strike.
    There were numerous labor strikes, demonstrations, and work 
stoppages during the year, most of which were peaceful. The Government 
took no actions to prevent the strikes or to reprimand participants. 
There were confrontations between union-affiliated protesters and 
police who were charged with controlling the large crowds. In a 
September incident, a scuffle broke out between two rival labor 
organizations, but no serious injuries or property damage occurred. No 
abuses were reported when the police removed roadblocks set up by 
protesters.
    The law restricts unions that represent workers in public services 
deemed essential by the Government from striking. However, there were 
strikes during the year by public sector workers.
    There were four export processing zones (EPZs). Special regulations 
aimed at giving employers in EPZs and duty free zones a freer hand in 
the application of the law provide for the use of temporary labor as 
needed, for greater flexibility in labor contracts, and for setting 
wage rates based on supply and demand. As a result, workers in such 
zones had difficulty unionizing. Worker rights advocates acknowledged 
that these few zones did not contribute substantively to labor's 
unionizing difficulties.

    c. Prohibition of Forced or Bonded Labor.--The Constitution 
prohibits forced or bonded labor, and there were no reports of forced 
labor during the year. The law specifically prohibits forced or bonded 
labor by children. According to MIMDES and the Ministry of Labor, there 
were no reports of forced child labor. Forced labor previously was 
found in the gold mining industry in the Madre de Dios area; however, 
the changing nature of the industry and government efforts to regulate 
it seem to have addressed the problem. NGO sources and the ILO reported 
in 1999 that mechanization largely had replaced manual labor, and the 
Ministry of Labor inspection programs helped deter illegal child labor 
in this industry.
    Sendero Luminoso held indigenous families captive in remote areas, 
using their labor, including that of children, to grow food crops and 
coca (see Section 5).

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Child and Adolescent Code of 1992 governs child and 
adolescent labor practices and restricts child labor based upon the age 
of the child, hours worked, and occupation; however, child labor was a 
serious problem. The legal minimum age for employment is 14; however, 
children between the ages of 12 and 14 may work in certain jobs if they 
obtain special permission from the Ministry of Labor and certify that 
they also are attending school. In certain sectors of the economy, 
higher minimums are in force: age 14 in agricultural work; age 15 in 
industrial, commercial, or mining work; and age 16 in the fishing 
industry. As of August, the Ministry had granted 912 permits to 
children between the ages of 12 and 17 to work in compliance with labor 
and education laws. The Ministry approved 1,795 of these permits in 
2001. The law prohibits children from engaging in certain types of 
employment, such as work underground, work that involves the lifting 
and carrying of heavy weights, work where the child or adolescent is 
responsible for the safety of others; night work; or any work that 
jeopardizes the health of children and adolescents, puts at risk their 
physical, mental, and emotional development, or prevents their regular 
attendance at school. As many as 1.9 million children worked primarily 
in the informal sector to help support their families. Of this total, 
NGOs estimated that some 600,000 children were under the age of 12.
    Human and labor rights groups criticized the modification of the 
Child and Adolescent Code, passed in August 2000, that maintained the 
minimum age for work at 12 years old (with government permission), and 
argued that it contradicts international guidelines on the minimum age 
of child workers.
    Many children were pressed to help support their families from a 
very early age by working in the informal economy, where the Government 
did not supervise wages or working conditions. Other children and 
adolescents worked either in formally established enterprises or as 
unpaid workers at home. There were some reports of child prostitution 
(see Section 5).
    Adolescents must be authorized to work and must be registered 
unless they are employed as domestic workers or as unpaid family 
workers. Adolescents may only work a certain number of hours each day: 
4 hours for children aged 12 through 14, and 6 hours for children aged 
15 through 17. Adolescent employment must be remunerated in accordance 
with the principle of equal pay for equal work. In practice, the Child 
and Adolescent Code provisions were violated routinely in the informal 
sector. Child and adolescent laborers worked long hours in the 
agricultural sector. Other children reportedly were employed at times 
in dangerous occupations or in high-risk environments, such as informal 
gold mining, garbage collection, loading and unloading produce in 
markets, brick making, coca cultivation, or work in stone quarries and 
fireworks factories, among others. Some child and adolescent labor 
tended to be seasonal.
    Firms found guilty of violating child labor laws can be fined and 
have their operations suspended. The Ministry of Labor's inspectors had 
legal authority to investigate reports of illegal child labor 
practices. Inspectors conducted routine visits without notice to areas 
where child labor problems were reported. Inspectors maintained contact 
with a wide variety of local NGOs, church officials, law enforcement 
officials, and school officials. The Ministry reported that there were 
a total of 170 labor inspectors, of which 120 worked in Lima. These 
inspectors conducted all labor inspections, both for adults and 
children. Labor inspections were primarily conducted in the formal 
sector. The National Police and local prosecutors exercised law 
enforcement authority.

    e. Acceptable Conditions of Work.--The Constitution provides that 
the State promote social and economic progress and occupational 
education. It states that workers should receive a ``just and 
sufficient'' wage to be determined by the Government in consultation 
with labor and business representatives, as well as ``adequate 
protection against arbitrary dismissal.''
    In March 2000, the Government raised the statutory minimum wage 
from $117 (410 soles) a month to $128 (450 soles), which was not 
considered sufficient to provide a decent standard of living for a 
worker and family. The Government estimated the poverty line to be 
approximately $45 (157 soles) a month per person. However, this figure 
varied from region to region. Actual figures from INEI's 2001 survey 
showed the poverty line for Lima at $75 (260 soles) a month per person, 
compared to $43 (147 soles) for the rural jungle. According to some 
estimates, as much as half the work force earned the minimum wage or 
below, because such a great proportion worked in the informal sector, 
which was largely unregulated. The Ministry of Labor was responsible 
for enforcing the minimum wage.
    A 2001 law increased the Labor Ministry's ability to enforce 
compliance with laws requiring businesses to pay social security and 
other benefits.
    The Constitution provides for a 48-hour workweek, a weekly day of 
rest, and an annual vacation. In addition, it prohibits discrimination 
in the workplace, although discrimination continued to be a problem in 
practice. A Supreme Decree states that all workers should work no more 
than 8 hours per day; however, labor advocates complained in recent 
years that workers were pressured to work longer hours to avoid 
dismissal. In February President Toledo signed into law a bill that 
requires companies to pay overtime to employees who work more than 8 
hours, to provide additional compensation for work at night, and to 
provide a 45-minute meal break to employees during their 8-hour shift. 
Labor, business, and the Government reported that the majority of 
companies in the formal sector were complying with the new law.
    While occupational health and safety standards exist, the 
Government lacked the resources to monitor firms or enforce compliance. 
Labor advocates continued to argue that the Government dedicated 
insufficient resources to enforce existing legislation. In September 
2001, the Minister of Labor announced that 80 percent of the companies 
inspected were found to be in compliance with labor laws. The 
compliance estimate remained consistent throughout the year. The 
Ministry of Labor continued to receive worker complaints and intervened 
in hundreds of cases. When firms were found to be in violation of the 
law, the Government sanctioned them with fines or, in some cases, 
closure. In cases of industrial accidents, the level of compensation 
awarded to the injured employee usually was determined by agreement 
between the employer and the individual involved. The worker did not 
need to prove an employer's culpability in order to obtain compensation 
for work-related injuries. No provisions exist in law for workers to 
remove themselves from potentially dangerous work situations without 
jeopardizing their continued employment.

    f. Trafficking in Persons.--A 1999 law prohibits trafficking in 
persons and alien smuggling, which is defined as promoting, executing, 
or assisting in the illegal entry or exit of persons from the country. 
Laws prohibiting kidnaping, sexual abuse of minors, and illegal 
employment were enforced and could also be used to sanction traffickers 
in persons. There were no programs to educate vulnerable groups about 
the dangers of trafficking or to assist victims.
    While there were no other reports of trafficking in persons, child 
prostitution was a problem (see Section 5).
    There were two reports in 2001 that persons were trafficked from 
the country. Early that year, three women in their twenties were forced 
into prostitution in Korea after they were ostensibly hired as domestic 
workers. In May 2001, a Peruvian intermediary contracted three men to 
work as mechanics in Abu Dhabi. The men alleged that once they arrived 
in Abu Dhabi, their employer took away their passports and never paid 
them for work performed over several months. With assistance from a 
foreign consulate in Abu Dhabi and an NGO, the men were repatriated in 
October 2001.
                               __________

                         SAINT KITTS AND NEVIS

    Saint Kitts and Nevis is a multiparty, parliamentary democracy, a 
federation, and a member of the Commonwealth of Nations. The 
Constitution provides the smaller island of Nevis considerable self-
government under a premier, as well as the right to secede from the 
Federation in accordance with certain enumerated procedures. The 
Government consists of a prime minister, a cabinet, and a unicameral 
legislative assembly. The Governor General, appointed by the British 
monarch, is the titular head of state, with largely ceremonial powers. 
In elections in March 2000, Prime Minister Denzil Douglas's St. Kitts 
and Nevis Labour Party won all 8 St. Kitts seats of the 11 seats in the 
legislature, and Douglas remained Prime Minister. In elections in Nevis 
on September 7, 2001, Premier Vance Amory's Concerned Citizens Movement 
(CCM) won four of the five seats in the Nevis Assembly. The judiciary 
was generally independent; however, intimidation of witnesses in high 
profile, drug-related cases has been a problem.
    The security forces consisted of a small police force, which 
included a 50-person Special Services Unit that received some light 
infantry training, a coast guard, and a small defense force. The forces 
were controlled by and responsive to the Government. There were 
occasional allegations of abuse by the police.
    The mixed economy was based on sugar cane, tourism, and light 
industry. The country's population was approximately 46,000. Most 
commercial enterprises were privately owned, but a state corporation 
owned the sugar industry and 85 percent of arable land. In 2001 sugar 
production increased by 30 percent, but export earnings remained 
constant due to exchange rate fluctuations; economic activity slowed 
significantly in the manufacturing and construction industries. The 
unemployment rate was estimated at 5 percent. Preliminary estimates for 
real economic growth suggested a 2 percent decline for the year.
    The Government generally respected citizens' human rights; however, 
there were problems in some areas. Poor prison conditions, apparent 
intimidation of witnesses and jurors, government restrictions on 
opposition access to government-controlled media, and violence against 
women were the principal problems. Saint Kitts and Nevis 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 of 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 the use of torture or other 
forms of inhuman or degrading treatment or punishment, and the 
authorities generally observed this prohibition in practice. However, 
there were occasional allegations of excessive use of force by the 
police, particularly during the annual Carnival celebration and at 
other special events.
    The police force continued to conduct its own internal 
investigation when complaints were made against its members. There were 
11 complaints filed in 2001, 5 of which addressed police searches based 
on warrants (see Section 1.f.); no more recent information was 
available.
    Prison conditions were overcrowded, and resources remained limited. 
The prison on Saint Kitts, built in 1840, was designed to accommodate 
60 inmates but was renovated to increase capacity and housed over 140 
prisoners; some prisoners slept on mats on the floor. A prison on Nevis 
housed 30 inmates. In both prisons pretrial detainees were segregated 
from convicted prisoners. Female inmates were segregated from male 
prisoners, and juveniles were segregated from adult prisoners. Corporal 
punishment is legal; a court can order that an accused person receive 
lashes if found guilty.
    The Government permitted prison visits by independent human rights 
observers. In addition, the Ministry of National Security appointed 
``visiting justices,'' who were volunteers that oversaw the treatment 
of prisoners. The prison staff periodically received training in human 
rights.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest and detention, and the Government generally 
respected these provisions in practice. The law requires that persons 
detained be charged within 48 hours or be released. If charged, the 
police must bring a detainee before a court within 72 hours. Family 
members, attorneys, and clergy were permitted to visit detainees 
regularly.
    Neither the Constitution nor the law prohibit forced exile, but the 
Government did not use it in practice.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, intimidation of witnesses and potential 
intimidation of jurors in high profile, drug-related cases was a 
problem. The Government did not take any concrete steps to protect 
witnesses, judges, and jurors, although it continued to explore the 
possibility of a program to do so through the Caribbean Community.
    The court system includes a high court and four magistrate's courts 
at the local level, with the right of appeal to the Eastern Caribbean 
Court of Appeal. Final appeal may be made to the Privy Council in the 
United Kingdom. Free legal assistance was available for indigent 
defendants in capital cases only.
    The Constitution provides that every person accused of a crime must 
receive a fair, speedy, and public trial, and these requirements 
generally were observed. At year's end, there were 49 persons in 
``remand'' (detention pending trial or further court action). The 
length of remand varied according to offense and charges; persons may 
be held for days, weeks, or months. There is no system of parole, 
although there was public discussion about starting a parole system.
    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. The law 
requires judicially issued warrants to search private homes. The police 
received complaints during the year regarding police improprieties in 
the process of investigating reported crimes, such as taking personal 
photographs of a victim and unnecessarily exposing a victim by bringing 
potential suspects to the victim's home for identification. The 
authorities took disciplinary action against one officer involved.

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 provisions in practice; however, there were allegations 
during the year that the ruling party limited opponents' access to the 
media.
    These concerns were muted somewhat by the grant of broadcast 
licenses to several independent radio stations.
    There were three independent weekly newspapers; in addition, each 
of the major political parties published a weekly or biweekly 
newspaper. The publications were free to criticize the Government and 
did so regularly and vigorously. International news publications were 
readily available.
    The Government privatized the Government-owned radio station, 
although the Government continued to appoint three of its five board 
members. Three other stations had been in operation since before the 
Labour Party came into office in 1995. In addition, three privately 
owned radio stations received licenses and began operating in 2001-02. 
A radio station in Nevis that operated on AM since 1989 received an FM 
license but was not yet operating on the new frequency at year's end.
    The opposition People's Action Movement (PAM) party alleged that 
the Labour Party blocked PAM's access to the broadcast media through 
its control of the national television and radio broadcasting 
facilities. However, the PAM acknowledged that it had increased 
accessibility to the media since several additional radio stations were 
granted licenses.
    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 right of peaceful assembly and for the right of 
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.
    No formal government policy toward refugee or asylum requests 
existed. The issue of provision of first asylum did not arise during 
the year. There were no reports of forced return of persons to a 
country where they feared persecution.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government by peaceful means, and citizens exercised this right in 
practice through periodic elections held on the basis of universal 
suffrage. A multiparty political system existed, in which political 
parties were free to conduct their activities; however, an opposition 
party alleged that the ruling party restricted access to the media (see 
Section 2.a.). All citizens 18 years of age and older may register and 
vote by secret ballot. Despite some irregularities, orderly general 
elections were held in 2000, and Nevis elections were conducted 
peacefully in September 2001.
    The Legislative Assembly has 11 elected seats: 8 for St. Kitts and 
3 for Nevis. The Labour Party held all eight St. Kitts seats in the 
legislature; opposition parties held the other three seats. The PAM 
lost its one seat in the 2000 election. In addition to the 11 elected 
Members of Parliament, there were 3 appointed members called Senators. 
The Governor General appoints the three Senators, two on recommendation 
of the Prime Minister and one on the recommendation of the Leader of 
the Opposition. The island of Nevis has considerable self-government, 
with its own premier and legislature. In the 2001 Nevis elections, 
Premier Amory's CCM won four of the five seats in the Nevis Assembly.
    In accordance with its rights under the Constitution, in 1996 the 
Nevis Assembly initiated steps towards secession from the Federation, 
the most recent being a referendum in 1998 that failed to secure the 
required two-thirds majority for secession. Following the referendum, 
the Government established a Constitutional Commission to review the 
arrangements between the two islands. In October when a Select 
Committee of the National Assembly reviewed the commission's report, 
the CCM again raised the issue of secession. The Government suggested 
that the issue be handled in the constitutional reform process and 
proposed granting greater autonomy to the Nevis island government and 
the Nevis Assembly.
    Although the Constitution prohibits discrimination on grounds of 
political opinion or affiliation, the former opposition party PAM 
alleged widespread employment discrimination by the St. Kitts and Nevis 
Labour Party against public sector employment of persons perceived to 
be PAM supporters. In the case of one person whom the PAM leadership 
claimed had not been paid, the Government asserted that this 
individual, while a Minister in the Government, received fees for legal 
services from two government institutions and that, therefore, it was 
entitled to offset her pension by the amount of fees received. The 
matter was before the courts at year's end.
    The PAM claimed that electoral reform is needed to correct 
inequities and to prevent irregularities in voting, asserting that in 
the last election, the Government unduly influenced voters by providing 
airfare and hotel accommodations to overseas citizens willing to return 
to vote. The PAM also claimed that 17-year-olds voted even though the 
law requires a minimum age of 18, and that some people voted more than 
once by voting in different jurisdictions. Citing these irregularities, 
the PAM proposed that photographic voter identification cards be 
issued, and the existing register of voters nullified. The PAM also 
recommended changes to the electoral commission to correct what it 
perceived as a bias toward the party in power. The PAM criticized the 
Government's failure to appoint any PAM representatives to the Select 
Committee of the National Assembly on Constitutional Reform, which will 
take up matters of electoral reform.
    There were no impediments in law or in practice to the 
participation of women in leadership roles in government and politics. 
There were 2 women in the National Assembly, 1 woman in the Cabinet, 3 
of 4 magistrates were women, the court registrar was female, and 5 of 
11 permanent secretaries were female. In addition, in Nevis, one 
Cabinet member and the president of the House of Assembly were female.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    While there are no governmental restrictions, no local human rights 
groups formed during the year. There were no requests for 
investigations or visits by international human rights groups during 
the year.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution prohibits discrimination on grounds of race, place 
of origin, birth out of wedlock, political opinion or affiliation, 
color, sex, or creed, and the Government generally respected these 
provisions in practice.

    Women.--According to a government official, violence against women 
was a problem. A 2000 Domestic Violence Act criminalizes domestic 
violence and provides penalties for abusers. Although many women were 
reluctant to file complaints or pursue them in the courts, there were 
publicly reported cases of both domestic violence and rape, and a few 
convictions. The Department of Gender Affairs, under the Ministry of 
Social Development, Community, and Gender Affairs, was active in the 
areas of domestic violence, spousal abuse, and abandonment. It offered 
counseling for victims of abuse and conducted training on domestic 
violence and gender violence for officials of the police and fire 
departments, nurses, school guidance counselors, and other government 
employees. There was no separate domestic violence unit in the police 
force.
    The role of women in society is not restricted by law but was 
circumscribed by culture and tradition. There was no overt societal 
discrimination against women in employment, although analyses suggested 
that women did not occupy as many senior positions as men did. The 
Department of Gender Affairs conducted programs addressing poverty and 
health and promoting institutional mechanisms to advance the status of 
women and leadership positions for women. It operated three programs 
for rural women, providing them market skills and training as 
entrepreneurs. The Department provided clients assistance with problems 
such as lack of housing, unemployment, child care, technical training, 
and personal development. It also ran a ``Return Teen Mothers to School 
Program'' to encourage young mothers to complete their education. The 
Department produced three handbooks on sexual harassment, equal 
opportunity and employment, and equal pay for work of equal value. The 
Department continued its programs focusing on men as perpetrators of 
crimes of violence against women.
    Prostitution is illegal and was not considered to be a problem.
    There were no laws covering sexual harassment, which the Department 
of Gender Affairs considered to be a growing problem.

    Children.--The Government is committed to children's rights and 
welfare and has incorporated most of the provisions of the U.N. 
Convention on the Rights of the Child into domestic legislation. The 
law mandates compulsory education up to the age of 16; it was free and 
universal. Over 98 percent of children completed school. Under the law, 
the age of consent is 16. During the year, the authorities brought 
charges in three cases involving alleged sexual activity with minors.

    Persons with Disabilities.--Although there is no legislation to 
protect persons with disabilities or to mandate accessibility for them, 
the Constitution and the Government prohibit discrimination in 
employment, education, and other state services.

Section 6. Worker Rights

    a. The Right of Association.--The Constitution provides for the 
right of all workers to form and belong to trade unions. The law 
permits the police, civil service, and other organizations to organize 
associations that serve as unions. The major labor union, the St. Kitts 
Trades and Labour Union (SKTLU) was associated closely with the St. 
Kitts and Nevis Labour Party and was active in all sectors of the 
economy. The opposition PAM party alleged that the ruling party used 
its influence to try to stifle other unions that would threaten the 
SKTLU in the workplace. In 2000 two taxi drivers' associations were 
formed, and the existing teachers' union became more active.
    In December PAM and the teachers' union alleged that the Labour 
Party abused parliamentary privilege by making defamatory statements 
which, had they been made outside Parliament, could have been subject 
to legal charges. PAM stated that disparaging comments about the 
president of the teachers' unions were intended to stifle that union's 
growing (400-member) strength.
    The law prohibits antiunion discrimination but does not require 
employers found guilty of such action to rehire employees fired for 
union activities. However, the employer must pay lost wages and 
severance pay to employees who had worked at least 1 year, based upon 
length of their service. There was no legislation governing the 
organization and representation of workers, and employers were not 
bound legally to recognize a union, but in practice employers did so if 
a majority of workers polled wished to organize.
    Unions were free to form federations or confederations and to 
affiliate with international organizations. The islands' unions 
maintained a variety of international ties.

    b. The Right to Organize and Bargain Collectively.--Labor unions 
are free to organize and to negotiate for better wages and benefits for 
union members. Collective bargaining takes place on a workplace-by-
workplace basis, not industrywide. The Labor Commissioner and Labor 
Officers mediate disputes between labor and management on an ad hoc 
basis. However, in practice few disputes actually went to the 
Commissioner for resolution. If neither the Commissioner nor the 
Ministry of Labor is able to resolve the dispute, the law allows for a 
case to be brought before a civil court.
    The right to strike, while not specified by law, is well 
established and respected in practice. Restrictions on striking by 
workers who provide essential services, such as the police and civil 
servants, were enforced by established practice and custom, but not by 
law. There were no major strikes during the year.
    There were no export processing zones.

    c. Prohibition of Forced or Bonded Labor.--The Constitution 
prohibits slavery and forced labor, and they did not occur in practice. 
While neither the Constitution nor the law specifically address bonded 
labor, it was not a problem in practice.
    Prisoners can be required to work if their sentence was more than 
30 days and stipulated ``hard labor''; they received a small stipend 
for this work paid upon discharge.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Child labor is addressed in the Employment of Women, Young 
Persons, and Children Act, as well as the 1966 Employment of Children 
Ordinance. The ordinance outlaws slavery, servitude, and forced labor. 
At year's end, both laws were amended to set the minimum legal working 
age at 16 years. The Labor Ministry relied heavily on school truancy 
officers and the community affairs division to monitor compliance, 
which they generally did effectively.
    Agriculture, domestic service, and illicit activities were areas in 
which juveniles found work. In rural families engaged in livestock 
farming and vegetable production, children often were required to 
assist as part of family efforts at subsistence. Girls often engaged in 
domestic service. Such labor included family-oriented work where 
children were made to look after younger siblings or ailing parents and 
grandparents at the expense of their schooling. Children often worked 
in other households as domestic servants or babysitters. There were no 
reported cases of child labor during the year, and no cases of child 
labor have ever been brought to the attention of the Department of 
Labor, which is empowered to investigate and address complaints of 
child labor.
    At year's end, child labor laws were being reviewed under a program 
of labor legislation review and update that began in 1999 with the 1986 
Protection of Employment Act.

    e. Acceptable Conditions of Work.--Minimum wage rates for various 
categories of workers, such as domestic servants, retail employees, 
casino workers, and skilled workers, were last updated in 1994, and 
manufacturing sector wages were revised in 1996. The average wage 
varied from $67.42 (EC$180) per week for full-time domestic workers to 
$166.10 (EC$443.50) per week for skilled workers. These provided a 
barely adequate living for a wage earner and family; many workers 
supplemented wages by keeping small animals such as goats and chickens. 
The Labor Commission undertook regular wage inspections and special 
investigations when it received complaints; it required employers found 
in violation to pay back wages. Workers who were laid off for more than 
12 weeks received a lump sum payment from the Government based on 
previous earnings and length of service.
    The law provides for a 40- to 44-hour workweek, but the common 
practice was 40 hours in 5 days. Although not required by law, workers 
receive at least one 24-hour rest period per week. The law provides 
that workers receive a minimum annual vacation of 14 working days. 
While there were no specific health and safety regulations, the 
Factories Law provides general health and safety guidance to Labor 
Ministry inspectors. The Labor Commission settles disputes over safety 
conditions. Workers had the right to report unsafe work environments 
without jeopardy to continued employment; inspectors then investigate 
such claims, and workers may leave such locations without jeopardy to 
their continued employment.

    f. Trafficking in Persons.--There were no laws that specifically 
address trafficking in persons.
    An ``economic citizenship'' program allowed foreign investors to 
purchase passports through loosely monitored procedures involving an 
investment of at least $250,000 (EC$675,000) in real estate, plus a 
registration fee of $35,000 (EC$94,500) for the head of household 
(amounts vary for other family members). This program reportedly 
facilitated the illegal immigration of persons from China and other 
countries to North America where, in some instances, criminal 
organizations that provided the funds to such persons forced them to 
work under conditions similar to bonded labor until their debt was 
repaid. The Government denied any knowledge of illegal immigration 
facilitated through this program and asserted that applicants were 
adequately screened.
                              ----------                              


                              SAINT LUCIA

    Saint Lucia is a multiparty, parliamentary democracy and a member 
of the Commonwealth of Nations. The head of state was Queen Elizabeth 
II, represented by a Governor General, who has some residual powers 
under the Constitution that can be used at the Governor's General's 
discretion. The Prime Minister and the Cabinet, which usually represent 
the majority party in the bicameral Parliament, exercised most of the 
power. In generally free and fair elections on December 3, 2001, Prime 
Minister Dr. Kenny Anthony's Saint Lucia Labour Party (SLP) retained 
power, winning 14 seats in the 17-member House of Assembly. The 
judiciary was generally independent.
    The Royal Saint Lucia Police was the only security force and 
included a small unit called the Special Services Unit (which had some 
paramilitary training) and a coast guard unit. They were controlled by 
and responsive to the Government. There were occasional allegations of 
abuse by the police.
    The country's market-based economy depended upon tourism and banana 
exports as the principal sources of foreign exchange. The population 
was approximately 158,000. Although tropical storm Lili destroyed more 
than 65 percent of the banana crop in September, construction work, 
agricultural output, and income from tourism were expected to increase 
during the year. In 2001 the real economic growth rate was a negative 
5.3 percent, unemployment was 18.9 percent, and the rate of inflation 
was 1.9 percent.
    The Government generally respected the human rights of its 
citizens; the authorities continued to investigate a killing committed 
by police in 2000. There were some allegations of physical abuse of 
suspects and prisoners by the police; poor prison conditions, long 
delays in trials and sentencing, incidents of mob attacks on suspected 
criminals, domestic violence against women, and child abuse also were 
problems. Saint Lucia 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.
    At year's end, the Government had not concluded its investigation 
into the 2000 killing by police of escaped prisoner Alfred Harding. A 
jury returned a verdict of accidental death in the case involving the 
2000 police shooting of Paul Hamilton.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution specifically prohibits torture, and there 
were no reports of torture or other cruel, inhuman, and degrading 
treatment or punishment during the year. Although no official 
complaints were filed, prisoners and suspects complained of physical 
abuse by police and prison officers.
    During the year, the police force, with assistance from a team of 
British experts, prepared a 5-year plan, which includes community-based 
policing, crime prevention, increased professionalization, and 
attention to complaint investigation and internal review. In 2001 the 
Canadian government provided an officer of the Royal Canadian Mounted 
Police to act as Deputy Commissioner of Police in order to strengthen 
personnel procedures; his contract concluded in April. The police force 
added 50 new officers to bring its strength to over 700, and an 
additional 30 new officers were in training at year's end.
    Prison conditions at the main prison in Castries continued to be 
poor, and overcrowding remained a severe problem. Lax security controls 
in an urban setting enabled weapons to be easily smuggled into the 
prison by relatives or be thrown over the prison walls. The focus of 
the correction program was containment; there were no training or 
rehabilitation programs, although there were a few craft programs.
    Although there were different wings for prisoners requiring 
different levels of security, prisoners who were charged with crimes 
but not yet convicted were incarcerated with the convicts. In July the 
Government transferred 11 prisoners to a prison on Grenada for more 
than 2 months in order to defuse a tense situation at the prison that 
developed when rival drug gangs carried their conflicts inside the 
prison. While the prisoners were on Grenada, the Government undertook 
some repairs to the main prison in order to strengthen the facility.
    In December there were 455 inmates in the main prison facility, 
which was built to house 80 inmates. Fifty young offenders (ages 18 to 
20) were kept apart from older inmates. Sanitation was a particular 
problem, with open pit latrines for prisoners. Construction of a new 
prison facility near Dennery was just completed at year's end. It has 
separate facilities for females, young offenders, and those awaiting 
trial. It also has space set aside for rehabilitation programs, as well 
as a magistrate's courtroom. The Government hired and trained 78 new 
correctional officers to provide additional staff for the new prison; 
their training included segments on human rights.
    In December there were 10 female prisoners in a separate prison 
facility for women, but they will be moved to the new prison in January 
2003. Conditions in the women's facility were somewhat better than 
those at the men's prison. A boys' training school housed juveniles 
between 12 and 18 years of age; it will operate separately from the new 
prison.
    The Government permitted prison visits by human rights observers. 
In addition, nine private sector volunteers appointed as ``visiting 
justices'' by the Ministry of Home Affairs visited prisoners 
periodically.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest or imprisonment and requires a court hearing 
72 hours after detention, and the Government generally adhered to these 
provisions in practice. However, in the past, authorities had held 
prisoners for years on remand after charging them. There was no 
constitutional requirement for a speedy trial, but the Government 
planned to use the magistrate's court in the new prison to reduce 
processing time for court hearings after detention. Those charged with 
serious crimes spent an estimated 6 months to 1 year on remand; 
however, those charged with petty offenses often received speedy 
trials, particularly if victims or witnesses might leave the island.
    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 are two levels of courts, which are the Courts of Summary 
Jurisdiction (Magistrate's Courts) and the High Court. Both levels have 
civil and criminal authority. The lower courts accept civil claims up 
to about $1,850 (EC$5,000) and criminal cases generally classified as 
``petty.'' The High Court has unlimited authority in both civil and 
criminal cases. All cases can be appealed to the Eastern Caribbean 
Court of Appeal. Cases also may be appealed to the Privy Council in 
London as the final court of appeal.
    The Constitution requires public trials before an independent and 
impartial court and, in cases involving capital punishment, provision 
of legal counsel for those who cannot afford a defense attorney. In 
criminal cases not involving capital punishment, defendants must obtain 
their own legal counsel. Defendants were entitled to select their own 
legal counsel, were presumed innocent until proven guilty in court, and 
had the right of appeal. The authorities observed both constitutional 
and statutory requirements for fair public trials.
    The court system continued to face a serious backlog of cases. In 
November 2001, the Government appointed two new magistrates. The 
average time for a trial took 3 to 6 months in the magistrate's courts 
and 6 to 12 months for criminal cases. In an effort to speed up the 
court process, the Eastern Caribbean Supreme Court held training in 
October for court personnel in the areas of caseflow management and 
records management.
    Citizens took justice into their own hands by attacking individuals 
suspected of committing crimes. In September residents in Soucis 
attacked a man suspected of robbing an elderly shopkeeper. In October 
the press reported that villagers in Anse La Raye chased a man 
suspected of involvement in the death of 70-year-old John Cadasse; he 
ran away, but the police arrested him and held him at year's end 
pending an investigation.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such actions, and 
government authorities generally respected these prohibitions in 
practice. Violations were subject to effective legal sanctions.

Section 2. Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice.
    There were four major privately owned newspapers, two privately 
owned radio stations, one partially government-funded radio station, 
one government-operated television station that began operating in 
October, and two private television stations. These media carried a 
spectrum of political opinion and often were critical of the 
Government. The radio stations' discussion and call-in programs allowed 
persons to express their views. The two private television stations 
also covered a wide range of views. In addition, there was subscription 
cable television service, which provided programming from a variety of 
sources, such as CNN and the BBC.
    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 freedoms of assembly and association, and the 
Government generally respected these rights in practice.
    The law requires permits for public meetings and demonstrations if 
they are to be held in public places, such as on streets or sidewalks 
or in parks. The police routinely granted such permits; the rare 
refusal generally stemmed from the failure of organizers to request the 
permit in a timely manner, normally 72 hours before the event.
    In September the police denied a request by the United Workers 
Party (UWP) for a permit to march in front of the Parliament building, 
on the basis that the Public Order Act prohibits marches in such 
locations between 8 a.m. and 5 p.m. The UWP was protesting the 
retention of Walter Francois, an elected Member of Parliament who 
allegedly misrepresented his academic credentials. Despite the lack of 
a permit to hold an organized protest, a number of persons picketed in 
front of the Parliament.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    At year's end, there was still no resolution in the case of the two 
men accused of attacking a Sunday Mass in a Roman Catholic Church in 
December 2000, which was scheduled for a court hearing in February 
2003. The men, believed to be Rastafarian, were charged with murder and 
arson for their alleged role in the attack in which a nun and a 
worshipper were killed and a priest was doused with gasoline and set on 
fire. Thirteen persons were hospitalized for treatment of knife wounds 
and burns, including the priest, who died in April 2001 as a result of 
blood clots, which may have been an existing condition prior to the 
attack.
    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.
    No formal government policy toward refugee or asylum requests 
existed. The issue of the provision of first asylum did not arise 
during the year. There were no reports of the forced expulsion of any 
persons having a claim to refugee status; however, government practice 
remained undefined.
    There were no reports of the forced return of persons to a country 
where they feared persecution.

Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have the right to change their government, and exercised 
that right in generally free and fair elections on December 3, 2001, 
when Prime Minister Anthony's SLP defeated the UWP, led by Morella 
Joseph. The SLP won 14 of 17 seats and the UWP won 3. The other 
opposition parties--the National Alliance, led by former SLP Foreign 
Minister George Odlum; the STAFF (Sou Tout Apwe Fete Fini) Party; and 
the St. Lucia Freedom Party--did not win any seats. The SLP capitalized 
on the failure of the opposition forces to unite in a national 
coalition due to a leadership struggle between Odlum and Sir John 
Compton, founder of the UWP and a former Prime Minister. Only 52 
percent of those eligible voted, and the SLP won 55 percent of the 
popular vote.
    Under the Constitution, general elections must be held at least 
every 5 years by secret ballot, but may be held earlier at the 
discretion of the Government in power. The Governor General appoints 
the 11-member Senate, which includes 2 independents.
    Popularly elected local governments in the 10 administrative 
divisions (towns and villages) perform such tasks as regulation of 
sanitation and markets and maintenance of cemeteries and secondary 
roads.
    There were no legal impediments to participation by women and 
minorities in government and politics, and 8 women competed in the 2001 
elections in a field of 45 candidates for 17 positions. Voters elected 
two women to the House of Assembly, and there were four appointed 
female Senators. Two of the 13 members of the Cabinet were women, as 
was the Governor General.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government generally did not restrict international or 
nongovernmental investigations of alleged violations of human rights. 
Although the Government officially cooperated with such investigations, 
observers noted occasional reluctance by lower officials to cooperate.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    Neither the Constitution nor the law address discrimination 
specifically; however, government policy was nondiscriminatory in the 
areas of housing, jobs, education, and opportunity for advancement.

    Women.--Violence against women was recognized as a serious problem. 
The Government did not prosecute crimes of violence against women 
unless the victim pressed charges. Most charges involving domestic 
violence must be brought under the ordinary Civil Code, but rape and 
other crimes were subject to the Criminal Code. A family court heard 
cases of domestic violence and crimes against women and children. The 
police force conducted some training for police officers responsible 
for investigating rape and other crimes against women. Late in the 
year, the police established a special unit to deal with domestic 
violence; the sole female sergeant in this section worked closely with 
the Ministry of Home Affairs and Gender Affairs. Police and courts 
enforced laws to protect women against abuse, although police were 
hesitant to intervene in domestic disputes, and many victims were 
reluctant to report cases of domestic violence and rape or to press 
charges.
    The Domestic Violence Act allows a judge to issue a protection 
order prohibiting an abuser from entering or remaining in the place 
where the victim is. It also allows the judge to order that an abuser's 
name be removed from housing leases or rental agreements, with the 
effect that the abuser no longer would have the right to live in the 
same residence as the victim.
    The Saint Lucia Crisis Center for Women, a nongovernmental 
organization located in Castries, monitored cases of physical and 
emotional abuse and helped clients to deal with such problems as 
incest, nonpayment of child support, alcohol and drug abuse, 
homelessness, custody, and visitation rights. The Crisis Center 
reported 213 new cases during the year, brought by 52 men and 161 
women, and 768 repeat cases. There were 56 new cases of spousal abuse 
and 6 sexual abuse cases, including 4 alleged rapes and 2 cases of 
incest. A recent project on Women, Gender, and Poverty in the Windward 
Islands sponsored by the Crisis Center focused on the problems faced by 
women farmers who were displaced by the downturns in the banana 
industry. Since its opening in September 2001, the Women's Support 
Center, a government shelter for abused persons, assisted approximately 
40 women with more than 100 children.
    Women's affairs were under the jurisdiction of the Ministry of Home 
Affairs and Gender Affairs. The Ministry was responsible for protecting 
women's rights in domestic violence cases and preventing discrimination 
against women, including ensuring equal treatment in employment.

    Children.--The Government gave high priority to improving 
educational opportunities and health care for children. Education was 
compulsory from age 5 through 15; registration fees were required. 
Approximately one-third of primary school children continued on to 
secondary schools, and the drop out rate from primary to secondary 
school was higher for boys than for girls. Government clinics provided 
prenatal care, immunization, child health care, and health education 
services.
    The Saint Lucia Crisis Center reported that the incidence of child 
abuse remained high; it received 24 new cases involving child abuse 
during the year. As there was no welfare system in place, parents of 
sexually abused children sometimes declined to press sexual assault 
charges against the abuser in exchange for financial contributions 
toward the welfare of any babies born of such abuse. In September the 
press reported that a 10-year-old gave birth and that an 11-year-old 
was pregnant.

    Persons with Disabilities.--No specific legislation protects the 
rights of persons with disabilities, nor mandates provision of access 
to buildings or government services for them. Several government 
buildings added ramps to provide access. There was no rehabilitation 
facility for persons with physical disabilities, although the Health 
Ministry operated a community-based rehabilitation program in 
residents' homes. There were schools for the deaf and for the blind up 
to the secondary level. There also was a school for persons with mental 
disabilities. Several blind persons worked at banks.

Section 6. Worker Rights

    a. The Right of Association.--The Constitution specifies the right 
of workers to form or belong to trade unions under the broader rubric 
of the right of association. Most public sector employees and about 20 
percent of the total work force was unionized. The law prohibits 
antiunion discrimination by employers, and there were effective 
mechanisms for resolving complaints. It also requires that employers 
reinstate workers fired for union activities.
    Unions were independent of government and were free to choose their 
own representatives in often vigorously contested elections. There were 
no restrictions on the formation of national labor federations. Several 
of the major unions belonged to an umbrella grouping called the 
Industrial Solidarity Pact that dealt with certain political matters.
    Unions were free to affiliate with international organizations, and 
some did so.

    b. The Right to Organize and Bargain Collectively.--Unions have the 
legal right to engage in collective bargaining, and they fully 
exercised this right in practice. The Registration of Trade Unions and 
Employer Organizations Act provides for compulsory recognition of 
unions and regulates internal union governance. Since it entered into 
effect in January 2000, it resulted in increased organizational 
activity by unions. There were three major unions--the National Workers 
Union, the Civil Service Association, and the Seamen, Waterfront, and 
General Workers Union--plus specialized unions for nurses and teachers.
    Strikes in both the public and private sectors were legal, but 
there were many avenues through collective bargaining agreements and 
government procedures that may preclude a strike. The law prohibits 
members of the police and fire departments from striking. Other 
``essential services'' workers--water and sewer authority workers, 
electric utility workers, nurses, and doctors--must give 30 days' 
notice before striking.
    Labor law is applicable in the export processing zones (EPZs), and 
there were no administrative or legal impediments to union organizing 
or collective bargaining in those zones. Although many firms resisted 
union efforts to organize in the EPZs, the new registration law 
appeared to have a positive influence on organizing efforts.

    c. Prohibition of Forced or Bonded Labor.--The Government prohibits 
forced or bonded labor, and it was not known to occur. While there is 
no specific prohibition of forced or bonded labor by children, there 
were no reports of such practices.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Minors were protected legally from economic exploitation 
by several legislative acts, including the Employment of Women, Young 
Persons, and Children Act, which provides for a minimum legal working 
age of 14 years. The Government was in the process of updating the 
Labor Code to set the minimum legal working age at 16 years. The 
minimum legal working age for industrial work is 18 years. Child labor 
existed to some degree in the rural areas, primarily where larger, 
stronger, school-age children helped harvest bananas from family trees. 
Children also typically worked in urban food stalls or sold 
confectionery on sidewalks. However, these activities occurred on 
nonschool days and during festivals. The Department of Labor of the 
Ministry of Labor Relations, Public Service, and Cooperatives was 
responsible for enforcing statutes regulating child labor. Employer 
penalties for violating the 1938 child labor laws, which were being 
updated, were $3.55 (EC$9.60) for a first offense and $8.88 (EC$24) for 
a second offense. There were no formal reports of violations of child 
labor laws.

    e. Acceptable Conditions of Work.--Minimum wage regulations in 
effect since 1985 set wages for a limited number of occupations. The 
minimum monthly wage for office clerks was $111 (EC$300), for shop 
assistants $74 (EC$200), and for messengers $59 (EC$160). The minimum 
wage was not sufficient to provide a decent standard of living for a 
worker and family, but most categories of workers received much higher 
wages based on prevailing market conditions. The 1999 Minimum Wage Act 
established a commission responsible for setting a minimum wage level; 
it met during the year but had not finished its work by year's end.
    There is no legislated workweek, although the common practice was 
to work 40 hours in 5 days. Special legislation covers hours that shop 
assistants, agricultural workers, domestics, and persons in industrial 
establishments may work.
    Occupational health and safety regulations were relatively well 
developed; however, there was only one qualified inspector for the 
entire country, although the other nine inspectors included some review 
of health and safety conditions in their general inspections. The 
Ministry enforced the act through threat of closure of the business if 
it discovered violations and the violator did not correct them. 
However, actual closures rarely occurred because of lack of staff and 
resources. Workers were free to leave a dangerous workplace situation 
without jeopardy to continued employment.

    f. Trafficking in Persons.--There were no laws that specifically 
address trafficking in persons. There were no reports that persons were 
trafficked to, from, or within the country.
                               __________

                    SAINT VINCENT AND THE GRENADINES

    St. Vincent and the Grenadines is a multiparty, parliamentary 
democracy and a member of the Commonwealth of Nations. A prime 
minister, a cabinet, and a unicameral legislative assembly compose the 
Government. The Governor General, appointed by the British monarch, was 
the titular head of state, with largely ceremonial powers. In October 
2000, Prime Minister Sir James F. Mitchell of the New Democratic Party 
(NDP) resigned, following divisive general strikes during the spring, 
and Arnhim Eustace, an NDP parliamentarian, replaced him. In March 2001 
elections that were generally free and fair, the Unity Labor Party 
(ULP) won 12 of the 15 parliamentary seats, and ULP leader Ralph 
Gonsalves became the new Prime Minister. The NDP had held power for 17 
years. The judiciary was generally independent.
    The Royal St. Vincent Police, the only security force in the 
country, included a coast guard and a small Special Services Unit (SSU) 
with some paramilitary training, which often was accused of using 
excessive force. The force was controlled by and responsive to the 
Government, but police continued to commit some human rights abuses.
    The market-based economy relied heavily on its supply of natural 
resources, including agricultural products such as bananas and 
arrowroot, as well as on the tourist industry. The country's population 
was approximately 113,000, and much of the labor force was engaged in 
agriculture. Bananas were the leading export and a major source of 
foreign exchange earnings. However, the banana industry was declining, 
and the growing tourism sector has become the leading earner of foreign 
exchange. Foreign remittances, an important source of income, declined. 
Unemployment was estimated to be between 25 and 40 percent, and real 
gross domestic product declined by 0.6 percent in 2001, compared with 
an increase of 2.1 percent in 2000.
    The Government generally respected citizens' human rights; however, 
there were problems in a few areas. The SSU was accused of one killing. 
Other principal human rights problems included instances of excessive 
use of force by police, the Government's failure to punish adequately 
those responsible for such abuses, poor prison conditions, and an 
overburdened court system. Violence against women and abuse of children 
also were problems. St. Vincent and the Grenadines 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.
    In September police shot and killed Othis Rhyne in his home on the 
island of Canouan in the course of executing a search warrant for 
illegal drugs. Newspaper reports focussed on a statement in the 
official press release from the police force indicating that Rhyne was 
shot not during but after a struggle with a police constable. The 
Police Department and a new Oversight Committee investigated the 
shooting. The Director of Public Prosecution (DPP) determined that 
there was insufficient evidence to bring charges again the police.
    In March the authorities charged Prison Superintendent Eric 
Rodriguez with murder for the November 2001 death of inmate Kingsley 
Henry during a disturbance in the prison courtyard. The Superintendent 
claimed to have fired warning shots in the air to quell the riot; 
Henry, who received a bullet wound, died in the hospital. The DPP said 
that forensic evidence proved that the bullet that killed Henry was 
fired from Rodriguez's gun, and that three inmates claimed to have seen 
the Superintendent intentionally shoot an unarmed Henry from close 
range after he left the main yard and the disturbance at the prison had 
been quelled. However, at the trial in July, the High Court held that 
the prosecution had failed to make a case, and Rodriguez was acquitted. 
The Prime Minister reinstated Rodriguez to his post as Prison 
Superintendent a few days later (see Section 1.c).
    In the December 2000 police killing of Ezekiel ``Zulu'' Alexander 
during a chase, the President of the Saint Vincent and the Grenadines 
Human Rights Association (SVGHRA) asserted that it was unnecessary, 
irresponsible, and unlawful. An inquest determined that one of the two 
policemen was liable for unlawful killing. The policeman was charged 
with manslaughter but was acquitted in an October trial.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture and other forms of 
cruel, inhuman, or degrading treatment or punishment. However, regional 
human rights groups noted that a high percentage of convictions were 
based on confessions. One human rights group believed that some of 
these confessions resulted from unwarranted police practices, including 
the use of physical force during detention, illegal search and seizure, 
and failure to inform properly those arrested of their rights.
    In 2001 there were at least two cases of persons shot and injured 
in their homes by police who pursued them to enforce outstanding 
warrants for unpaid court fines. After police wounded Denzil Grant on 
the island of Bequia, the police filed assault charges against him in 
Magistrate's Court claiming that he had attacked the police with a 
cutlass. The magistrate found Grant guilty of attacking the police but 
only reprimanded and discharged him. The finding of guilt, however, 
effectively nullified any claim he might have had against the police 
for wounding him.
    The Government established an Oversight Committee to monitor police 
activity and hear public complaints about police misconduct; members 
included a former attorney general and a religious leader. The 
committee reported to the Minister of National Security and to the 
Minister of Legal Affairs and actively participated in investigations 
during the year. The SVGHRA participated in two training seminars for 
police officers covering human rights and domestic violence.
    Prison conditions were poor. Prison buildings were antiquated and 
overcrowded, with one holding more than 300 inmates in a building 
designed for 75; these conditions resulted in serious health and safety 
problems. The main prison is a four-building compound located in 
Kingstown. Pretrial detainees were held with convicted prisoners.
    A 2001 report on prison conditions concluded that the main prison 
was ``a university for crime'' due to endemic violence, understaffing, 
underpaid guards, uncontrolled weapons and drugs, an increase in HIV/
AIDS, and prevalence of unhygienic conditions such as missing toilets. 
The report stated that inmates received protection from internal 
violence through their membership in gangs. The report documented that 
after a prisoner was released, he was expected to throw alcohol, 
weapons, and drugs back over the prison wall for use by his gang. If a 
prisoner did not and, as frequently happened, returned to jail, he 
would be beaten severely. In addition, according to the report, a 
prisoner could expect to be stabbed sometime during his imprisonment. 
The report also noted that police and guards conducted sporadic, 
infrequent, and inefficient searches of the prison.
    Toward the end of the year, the Government announced plans to build 
a new $4.8 million (EC$13 million) prison in Bellisle on the west 
coast. The new facility was designed to hold 400 male inmates, with 
separate areas for juveniles and first-time offenders.
    In the January 2001 stabbing of then-Superintendent Leroy Latchman, 
followed days later by the killing of two inmates (one of whom 
allegedly had attacked Latchman), there was a preliminary inquiry, and 
the case was heard in the High Court in October. The court acquitted 
the accused inmates, ruling that the prosecution failed to make a case.
    In July 2001, the Government hired a new Superintendent of Prisons, 
Eric Rodriguez, who reportedly ended the practice of inmates seeking 
protection from prison gangs. He also began in-house training of guards 
and arranged for guards to be trained in Barbados. There were 72 guards 
for 300 male inmates, and there were plans to increase the staff by 20 
new guards. A rehabilitation program began, and inmates received 
contracts and jobs with local entrepreneurs. A school program began 
with courses in carpentry, tailoring, baking, and mechanical 
engineering.
    In November 2001, inmate Kingsley Henry was shot and killed during 
a disturbance at the prison. The Prison Superintendent was charged with 
murder and taken into custody, but was later discharged when the High 
Court determined that the prosecution had not made a case (see Section 
1.a.).
    Inmates were allowed to speak freely with their lawyers, but a 
human rights lawyer asserted that there is an existing rule that a 
prison officer must stand not only within sight, but also within 
hearing of the inmate and his lawyer. Prison officials countered that 
an attorney may request that a guard not be within hearing range while 
discussing specifics of an inmate's case.
    Female inmates were housed in a separate section in the Fort 
Charlotte prison. A family court handled criminal cases for minors up 
to age 16. Children may be charged and convicted as criminals from the 
age of 16. In such cases, children then may be jailed with older 
criminals. Conditions were inadequate for juvenile offenders, but there 
were plans to place first-time offenders in Fort Charlotte.
    The Government permitted prison visits by independent human rights 
observers.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
provides that persons detained for criminal offenses must receive a 
fair hearing within a reasonable time by an impartial court, and the 
Government generally respected these provisions in practice; however, 
complaints continued regarding police practices in bringing cases to 
court. Although there were only three official magistrates, the 
registrar of the High Court and the presiding judge of the family court 
effectively served as magistrates when called upon to do so. Some 
defense attorneys claimed that there were 6- to 12-month delays in 
preliminary inquiries for serious crimes.
    The Constitution prohibits exile, and it was not used in practice.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent and impartial judiciary, and the Government generally 
respected this provision in practice.
    The judiciary consists of lower courts and a High Court, with 
appeal to the Eastern Caribbean Court of Appeal and final appeal to the 
Privy Council in the United Kingdom. There were three official 
magistrates, including the Chief Magistrate, a senior magistrate, and 
one other magistrate. In addition, the Registrar of the High Court had 
the authority to sit as a magistrate if called upon. The Chief 
Magistrate was also president of the family court. At year's end, the 
Eastern Caribbean nations were still considering proposals to create a 
new Caribbean court of justice to hear final appeals.
    The Constitution provides for public trials. The court appointed 
attorneys for indigent defendants only when the defendant was charged 
with a capital offense. Defendants were presumed innocent until proven 
guilty and may appeal verdicts and penalties. The backlog of pending 
cases was reduced, even though the magistrate's court in Kingstown 
lacked a full complement of magistrates.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits arbitrary search and 
seizure or other government intrusions into the private life of 
individual citizens, and there were no reports of such abuses 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 two major newspapers and numerous smaller, partisan 
publications; all were privately owned, and most were openly critical 
of the Government's policies. There were no reports of government 
censorship or interference with the operation of the press during the 
year. However, individual journalists believed that government 
advertising, a significant source of revenue, sometimes was withheld 
from newspapers that published articles unfavorable to the Government.
    On September 16, editors from various Caribbean countries met in 
Barbados to lay the groundwork for an Eastern Caribbean Press Council. 
During the meeting, the journalists agreed to regulate themselves in 
accordance with a Code of Ethics, which was adopted in November. Two 
newspapers in St. Vincent agreed to participate.
    The sole television station in St. Vincent was privately owned and 
operated without government interference. Satellite dishes were popular 
among those who could afford them. There was also a cable system with 
mainly North American programming that had over 300 subscribers. There 
were seven radio stations, one of which was government-owned.
    In September Prime Minister Gonsalves, in his personal capacity, 
filed slander charges against Edward Lynch, a popular radio talk show 
host, and BDS Limited, the company that owned the radio station. 
Gonsalves alleged that Lynch, the host of a radio program sponsored by 
the opposition New Democratic Party, slandered Gonsalves by wrongly 
insinuating that he used public funds to pay for airline tickets to 
Rome for his daughter and mother. The matter was still before the court 
at year's end.
    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 these rights, and the Government generally respected them 
in practice.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    Members of the Rastafarian community have complained that law 
enforcement officials unfairly targeted them. However, it was not clear 
whether such complaints reflect discrimination on the basis of 
religious belief by authorities or simply enforcement of laws against 
marijuana, which is used as part of Rastafarian religious 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.
    No formal government policy toward refugee or asylum requests 
existed. The issue of the provision of first asylum did not arise 
during the year. A Red Cross representative served as the honorary 
liaison with the office of 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
    Citizens have the right to change their government through 
regularly scheduled free and fair elections. The country has a long 
history of multiparty parliamentary democracy. The Constitution 
provides for general elections at least every 5 years. During the 1998 
election, the ruling New Democratic Party won 8 of 15 seats in 
Parliament, despite losing the popular vote by 55 to 45 percent to the 
opposition Unity Labour Party. Calling this outcome an ``overt 
manifestation of rejection by the public'' of Prime Minister Mitchell's 
government, the ULP claimed election fraud and demanded new elections. 
The Prime Minister refused the ULP demand. Subsequent demonstrations 
led to internal pressures and to an agreement brokered by members of 
the Caribbean Community that elections would be held in 2001. In 
November 2000, leaders of the three political parties signed a ``Code 
of Conduct'' intended to govern the campaign period, including a pledge 
of equal time on local radio and other electronic media and an 
agreement not to incite or encourage violence. The parties generally 
adhered to the code during the campaign.
    On March 28, 2001, elections were held in accordance with the 
agreement. There was no serious violence, and observers declared the 
voting to be generally free and fair. The opposition ULP won 12 out of 
the Parliament's 15 elected seats, and Dr. Ralph Gonsalves became Prime 
Minister, ending 17 years of NDP rule. Former Prime Minister Arnhim 
Eustace, who had taken over leadership of the NDP and become Prime 
Minister in 2000, was one of three NDP candidates to win a seat.
    In addition to the 15 elected Members of Parliament, the Governor 
General appoints 6 more members, 4 on the nomination of the Prime 
Minister and 2 on the nomination of the Leader of the Opposition. These 
nominated members, who are called Senators, have the same privileges as 
the elected members except that they are not permitted to vote on a 
motion of no confidence brought against the Government.
    There were no legal impediments to women's full participation in 
politics or government. In March 2001, voters elected two women to 
Parliament; they also served as cabinet ministers--the Minister of 
Tourism and the Minister of Social Services. There were two female 
Senators. The Deputy Governor General and the Attorney General were 
also female.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Opposition political groups and the press often commented on human 
rights matters of local concern. The SVGHRA monitored government and 
police activities, especially with respect to treatment of prisoners, 
publicizing any cases of abuse. The SVGHRA participated in training 
seminars. The Government generally was responsive to public and private 
inquiries about its human rights practices.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution provides for equal treatment under the law 
regardless of race or sex, and the Government generally adhered to this 
provision in practice.

    Women.--Violence against women, particularly domestic violence, 
remained a serious problem. The Domestic Violence/Matrimonial 
Proceedings Act and the more accessible Domestic Violence Summary 
Proceedings Act provide for protective orders, as well as occupation 
and tenancy orders; the former only is accessible through the High 
Court, but the latter can be obtained without the services of a lawyer 
in family court. As part of a human rights education program, the 
SVGHRA conducted numerous seminars and workshops throughout the country 
to familiarize citizens with their rights. Increasing numbers of women 
came forward with domestic violence complaints. Development banks 
provide funding through the Caribbean Association for Family Research 
and Action for a program of Domestic Violence Prevention, Training, and 
Intervention. Police received training on domestic abuse, emphasizing 
the need to file reports and, if there was sufficient evidence, to 
initiate court proceedings. To counter the social pressure on victims 
to drop charges, some courts imposed fines against people who brought 
charges but did not testify. Depending on the magnitude of the offense 
and the age of the victim, the punishment for rape generally was 10 or 
more years in prison. Sentences of 20 years have been handed down for 
sexual assault of very young minors.
    A 1995 amendment to the Child Support Law allows for payments 
ordered by the courts, even when notice of an appeal has been filed. 
Previously, fathers who had been ordered to pay child support could 
appeal decisions and not pay while the appeal was being heard. This 
resulted in a huge backlog of appeal cases and effectively reduced the 
number of mothers and children receiving support payments. There was a 
family court in the capital city of Kingstown with one magistrate. 
According to the SVGHRA, because there were only a few bailiffs to 
service the country, summonses often were not served on time for cases 
scheduled to be heard in court.
    The Office of Gender Affairs was under the Ministry of Education, 
Women's Affairs, and Culture. This office assisted the National Council 
of Women with seminars, training programs, and public relations. The 
minimum wage law specifies that women should receive equal pay for 
equal work.
    Marion House, an independent social services agency, was 
established in 1989 to provide counseling and therapy services. Four 
trained counselors and one foreign volunteer who is a clinical 
psychologist staff it. In 2001 the organization moved to a new building 
paid for with funds provided by the European Union, and it earned 
income by renting out office space to a government agency.

    Children.--Education is not compulsory, but the Government 
investigated cases in which children were withdrawn from school before 
the age of 16. The Government cited lack of funding for new schools as 
an obstacle to making education compulsory. As a supplement to 
secondary school, the Government sponsored the Youth Empowerment 
Program, which was an apprenticeship program for young adults 
interested in learning a trade. Approximately 440 youths were enrolled 
in this program, earning a stipend of about $148 (EC$400) a month. The 
teachers' union estimated that between 8 and 10 percent of secondary 
school-age children did not attend school during the year. Despite the 
Government's efforts to support health and welfare standards, the 
infant mortality rate still was very high at 21 deaths per 1,000 live 
births, in part due to the large number of children born to teenage 
mothers.
    The Domestic Violence Summary Proceedings Act provides a limited 
legal framework for the protection of children. Nevertheless, reports 
of child abuse remained high and were on the increase. The Family 
Services Department, Ministry of Social Development, was the Government 
agency responsible for monitoring and protecting the welfare of 
children. The police were the enforcement arm; the Family Services 
Department referred all reports of child abuse to the police for 
action.

    Persons with Disabilities.--There was no specific legislation 
addressing persons with disabilities, and the circumstances for such 
persons were generally difficult. Most persons with severe disabilities 
rarely left their homes because of the poor road system and lack of 
affordable wheelchairs. The Government partially supported a school for 
persons with disabilities, which had two branches. A separate, small 
rehabilitation center treated about five persons daily.

Section 6. Worker Rights

    a. The Right of Association.--Citizens had the right to form unions 
and organize employees under the constitutional provisions for freedom 
of association; however, there was no law that requires employers to 
recognize unions. Less than 10 percent of the work force was unionized. 
The Trade Unions Act covers registration of unions; a draft Labor 
Relations Act under debate included a proposal for employer recognition 
of trade unions. The constitutional prohibition against discrimination 
could be applied to antiunion discrimination; however, in practice few 
such complaints were lodged because employers cited other reasons for 
dismissal.
    The Protection of Employment Act provides for compensation and 
worker rights, but these were restricted to protection from summary 
dismissal without compensation and reinstatement or severance pay if 
unfairly dismissed. The law provides a severance package of 2 weeks' 
pay for each year of service, with a maximum of 52 weeks. The 
Government's proposed Employment Relations Act would repeal the 
Protection of Employment Act and provide for enhanced worker rights.
    Unions had the right to affiliate with international bodies, and 
they did so in practice.

    b. The Right to Organize and Bargain Collectively.--There were no 
legal obstacles to organizing unions; however, no law requires 
employers to recognize a particular union as an exclusive bargaining 
agent. The Trade Dispute, Arbitration, and Inquiry Act provides that if 
both parties to a dispute consent to arbitration, the Minister of Labor 
can appoint an arbitration committee from the private sector to hear 
the matter.
    There was no general prohibition against strikes; however, the 
Essential Services Act prohibits persons providing such services 
(defined as electricity, water, hospital, and police) from striking. In 
January workers at the St. Vincent Marketing Corporation went on strike 
for 2 days to protest the layoff of 28 employees. The Ministers of 
Labor and Agriculture interceded, and the employer agreed to take back 
the workers, some of whom chose voluntary severance instead of 
returning to work.
    There were no export processing zones.

    c. Prohibition of Forced or Bonded Labor.--The Constitution 
prohibits forced or bonded labor, including by children, and it was not 
known to occur.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law sets the minimum working age at 16 years of age, 
and workers may receive a national insurance card at that age. The 
Ministry of Labor monitored and enforced this provision, and employers 
generally respected it in practice. The Labor Inspectorate at the 
Department of Labor received, investigated, and addressed child labor 
complaints. Labor officers in this unit conducted general inspections 
of work places annually. The age of leaving school at the primary level 
was 15 years; when these pupils left school, they usually were absorbed 
into the labor market disguised as apprentices. There was no known 
child labor except for children working on family-owned banana 
plantations, particularly during harvest time, or in family-owned 
cottage industries. The Government has partnered with the 
nongovernmental sector, including UNICEF, in an antipoverty strategy 
aimed at improving economic opportunities for youth.

    e. Acceptable Conditions of Work.--The Government sets minimum 
wages, which were last promulgated in 1989. They varied by sector and 
type of work and were specified for several skilled categories, 
including attendants, packers, cleaners, porters, watchmen, and clerks. 
In agriculture the wage for workers provided shelter was $6.74 (EC$18) 
per day; industrial workers earned $7.49 (EC$20) per day. In many 
sectors, the minimum wage was not sufficient to provide a decent 
standard of living for a worker and family, but most workers earned 
more than the minimum. By law, the Wages Council should meet every 2 
years to review the minimum wage, but it had not met since 1989. A new 
Wages Council was appointed in March 2001 following the elections; it 
met and submitted minimum wage recommendations to the Government, which 
held a town meeting in October to solicit public comment prior to 
consideration of a new minimum wage, scheduled to be submitted to 
Parliament in 2003.
    The law prescribes workweek length according to category; for 
example, industrial employees work 40 hours a week, store clerks work 
44 hours a week, and agricultural workers either 30 or 40 hours per 
week. The law provides workers a minimum annual vacation of 2 weeks 
after 1 year's service.
    According to the Ministry of Labor, legislation concerning 
occupational safety and health is outdated. The most recent 
legislation, the Factories Act of 1955, has some regulations concerning 
factories, but enforcement of these regulations was ineffective. At 
year's end, the Government was reviewing this act and other laws and 
proposed to limit the exposure of agricultural workers to hazardous 
substances. Trade unions addressed some violations relating to safety 
gear, long overtime hours, and the safety of machinery. There were some 
reports of significant visual impairment by visual display unit 
workers, and some reports of hearing impairment by power station and 
stone crushing employees. The law does not address specifically whether 
workers have the right to remove themselves from work situations that 
endanger health or safety without jeopardy to their continued 
employment, but it stipulates conditions under which plants must be 
maintained. Failure to do so would constitute a breach, which might 
cover a worker who refused to work under these conditions.

    f. Trafficking in Persons.--There were no laws specifically 
addressing trafficking in persons. There were no reports that persons 
were trafficked to, from, or within the country during the year.
                               __________

                                SURINAME

    The Government is still in the process of institutionalizing 
democratic, constitutional rule in the country. After generally free 
and fair elections in May 2000, the 51-member National Assembly elected 
Ronald Venetiaan of the National Party of Suriname (NPS) as President 
in August 2000; he replaced Jules Wijdenbosch of the National 
Democratic Party (NDP). Venetiaan previously served as President in 
1991-96. The judiciary was generally independent, although it was 
inefficient.
    The armed forces were responsible for national security and border 
and immigration control; they were under the effective control of the 
civilian Minister of Defense. Civilian police bore primary 
responsibility for the maintenance of law and order; they reported to 
the Ministry of Justice and Police. During the year, the military 
helped the police maintain security in remote communities near large 
enterprises and conducted joint patrols with the police on an ad hoc 
basis to combat crime on highways. The first Venetiaan government had 
reformed the military in 1995-96 by purging military officers and 
supporters of former dictator Desi Bouterse, who ruled the country in 
the 1980s. Bouterse's NDP won 10 seats in the National Assembly in 
2000, 1 of which he occupies. Over the past few years, the NDP's 
influence within the military declined steadily; however, Bouterse 
still retained influence with some military officers. The military 
police continued to maintain responsibility for control of the 
country's borders and airports, but it had not investigated civilian 
crimes since 1989. Members of the police and prison guards committed 
some human rights abuses.
    The mixed economy depended heavily on the export of bauxite 
derivatives. The country's population was approximately 450,000. The 
Government and state-owned companies employed over half the working 
population. Unregulated gold mining was an increasingly important 
economic activity that highlighted a lack of land rights for indigenous 
and tribal peoples and had a serious negative environmental impact. 
Estimated gross domestic product grew by approximately 3 percent. The 
inflation rate was 28.3 percent, compared with 4.2 percent in 2001 and 
82 percent in 2000. Poverty was widespread; one report estimated that 
85 percent of families lived below the poverty line.
    The Government generally respected the human rights of its 
citizens; however, serious problems remained in some areas. Police 
mistreated detainees, particularly during arrests; guards abused 
prisoners; and local detention facilities remained overcrowded. Lengthy 
pretrial detention was a problem, and the judiciary suffered from 
ineffectiveness and a huge case backlog due to the shortage of judges. 
Media self-censorship continued. Societal discrimination against women, 
minorities, and tribal people persisted. Violence against women and 
trafficking in women and girls were problems. Suriname 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 August 2001, there was one report of an alleged police killing 
in the town of Albina, on the border with French Guiana. When the 
police took a man into custody on suspicion of motor bike theft, they 
took him to a detention area and handcuffed him. He allegedly tried to 
escape and was shot in the back of the head without warning. The 
victim's family called for an investigation into the shooting. 
According to Moiwana '86, a human rights group, the responsible police 
officer was tried in March, found guilty, and sentenced to 5 years in 
prison.
    The Government did not address many past abuses, and they continued 
to be a focus of concern. The authorities took no action against prison 
guards who allegedly beat a prisoner to death in 1993. There was no 
investigation into the 1986 massacre of more than 50 civilians at the 
village of Moiwana; however, according to various human rights groups, 
the Venetiaan government appeared to be interested in investigating the 
Moiwana case but did not actually begin an investigation. In 1997 
Moiwana '86 took the case to the Inter-American Commission on Human 
Rights (IACHR), which gave the Government until December 1 to report on 
the status of its investigation.
    After the elections in 2000, there were calls for the new 
government to launch an investigation into the December 1982 killings 
by the Bouterse regime of 15 prominent political, labor, business, and 
media leaders before the 18-year statute of limitations expired in 
December 2000. In October 2000, the Court of Justice began hearings on 
the killings in response to a request from relatives of the victims. 
Bouterse's lawyer sought to postpone the hearings, but the court denied 
his request. The court heard testimony from the victims' relatives, 
human rights activists, and the prosecutor's office, which had not yet 
made any investigation into the killings. Previously, Bouterse himself 
had requested an investigation, after the victims' relatives asked a 
Dutch court to prosecute him in that country. In September 2001, the 
Dutch court ruled that it did not have jurisdiction, but the Dutch High 
Court later ruled that some of the charges against Bouterse could be 
prosecuted in the Netherlands. Following an order from the Court of 
Justice, an examining judge continued an investigation into the 
killings. During the year, two rogatory commissions visited the 
Netherlands to gather testimony, and with the collection of testimony 
completed, Dutch forensic experts arrived to examine exhumed bodies. 
However, no suspects were charged or brought to trial by year's end.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    However, the Government had yet to take any action to investigate 
allegations of some disappearances that occurred under previous 
regimes.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits inhuman treatment or 
punishment; however, human rights groups continued to express concern 
about official mistreatment and have documented cases of police 
mistreatment of detainees, particularly during arrests, and guard abuse 
of prisoners.
    Citizens filed a total of 235 cases with the Personnel 
Investigation Department (OPZ), the majority of which were for physical 
mistreatment. The OPZ is an office within the Police Department that is 
responsible for investigating complaints against officers. It makes 
recommendations regarding whether or not an officer should be punished 
internally, or if criminal charges should be brought. The authorities 
arrested 10 officers and relieved 22 officers from their duties. Police 
officers have been charged with brutality, but no figures were 
available regarding sentencing.
    Beatings by police were common. Police officers, who were not 
trained in prison work, served as the jailers at local detention 
facilities, a situation that human rights groups asserted contributed 
to the abuses. There were three prisons and several detention 
facilities at police stations, where arrestees were detained until they 
appeared before a judge for trial. Human rights activists were 
concerned about conditions in the prisons and especially about 
conditions in local detention facilities, which remained overcrowded. 
At police stations, guards allowed detainees no exercise and only 
rarely permitted them to leave their cells. Detainees and human rights 
groups also complained about inadequate meals, although families were 
permitted and encouraged to provide food to incarcerated relatives. 
There was no consideration for persons who required a specific diet for 
religious reasons. Human rights monitors reported that guards 
mistreated detainees, and that medical care and living conditions were 
inadequate.
    Prison conditions were poor, and in many cases they did not meet 
international standards. Violence among prisoners was common, and the 
authorities usually did not punish prisoners for violence against other 
prisoners. Some prison facilities were renovated in recent years, which 
improved health and safety conditions. However, most facilities, 
especially older jails, remained unsanitary and seriously overcrowded, 
with as many as four times the number of detainees for which they were 
designed.
    Conditions in women's jail and prison facilities were, in general, 
better than those in the men's facilities. There was a wing of an adult 
prison for boys under age 18 who had committed serious crimes. Juvenile 
facilities for boys between the ages of 10 and 18 within the adult 
prison were adequate; educational and recreational facilities were 
provided. There was no separate facility for girls under the age of 18, 
who were housed within the women's detention center and in the women's 
section of one of the prison complexes.
    Since 1996 Moiwana '86 has monitored the condition of prisoners. 
Representatives of the group reported that in general they had access 
to prisoners and received cooperation from prison officials on routine 
matters. When requesting access to individual prisoners, human rights 
observers generally gained access quickly. However, if an individual 
had filed a complaint with the organization claiming physical 
mistreatment, access often was delayed. The authorities granted the 
group permission to visit one prison on a regular basis, on the 
condition that they meet with the head of the prison following such 
visits. Moiwana '86 reported that the authorities granted all requests 
for prison visits during the year.

    d. Arbitrary Arrest, Detention, or Exile.--The law prohibits 
arbitrary arrest and detention, and the authorities generally respected 
these provisions in practice. However, delays caused prisoners who 
appealed their sentences to remain in prison until a ruling was reached 
on their appeal, even if they had served the full term of their 
original sentence. Lawyers filed complaints, but the problem was not 
resolved.
    The law provides that the police may detain for investigation for 
up to 14 days a person suspected of committing a crime for which the 
sentence is longer than 4 years. During the 14-day period, the law also 
permits incommunicado detention, which must be authorized by an 
assistant district attorney or a police inspector. Within the 14-day 
period, the police must bring the accused before a prosecutor to be 
charged formally. If additional time is needed to investigate the 
charge, a prosecutor may authorize the police to detain the suspect for 
an additional 30 days. Upon the expiration of the initial 44 days, a 
judge of instruction may authorize the police to hold the suspect for 
up to 120 additional days, in 30-day increments (for a total of 164 
days), before the case is tried. The judge of instruction has the power 
to authorize release on bail, but that power was used rarely, if ever. 
In July 2001, there was a fire in the lower courthouse, which caused a 
delay both in investigations and in court proceedings. As a result, in 
August 2001 the Government enacted emergency legislation that 
lengthened the initial period an inmate may be held without judicial 
appearance to 120 days. A judge may extend the period twice by 30 days.
    Pretrial detainees, who constituted a large percentage of inmates, 
routinely were held without being brought before a judge. The average 
length of pretrial detention varied; for lesser crimes it was from 30 
to 45 days, while for more serious crimes, the maximum time usually was 
utilized. Detainees often were held in overcrowded detention cells at 
local police stations. A steadily growing number of persons who already 
had been convicted but not yet placed in prisons due to a lack of space 
in prison facilities were held in police custody or detention cells.
    The military police continued to observe the requirement to hand 
over to the civil police civilians arrested for committing a crime in 
their presence.
    The Constitution does not address exile; however, it was not used 
in practice.

    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, disputes over the appointment of judges 
to the bench undermined the independence of the judiciary in recent 
years. In 2000 the President appointed a new Solicitor General, and the 
Court of Justice confirmed him in September 2001. The President had yet 
to confirm the Acting Attorney General, although he has served in that 
position since 2000. Appointment as Attorney General is a lifetime 
position. As a result of the conflict from previous years, the 
effectiveness of the civilian and military courts still was limited in 
practice, but at year's end the judiciary appeared to be acting 
generally independently, albeit inefficiently, since it was hampered by 
a large case backlog.
    The judicial system consisted of three lower courts and an appeals 
court, which was called the Court of Justice; there was no Supreme 
Court. The Government had not yet appointed a permanent president for 
the Court of Justice. There were only seven judges and five acting 
judges in the judiciary. The 1987 Constitution calls for the 
establishment of an independent constitutional court; the National 
Assembly debated creating such a court since then, but had not done so.
    The Constitution provides for the right to a fair public trial in 
which defendants have the right to counsel if needed. The courts assign 
lawyers in private practice to defend indigent prisoners and pay 
lawyers from public funds. However, the court-assigned lawyers, of whom 
there were four, usually only appeared at the trial. According to 
Moiwana '86, sometimes these lawyers did not appear at all. The courts 
must, and in practice did, free a detainee who was not tried within the 
164-day period. Trials were before a single judge, with the right of 
appeal. Due to the shortage of judges, there was a backlog of cases of 
1 year for civil cases and up to 6 months for criminal cases.
    Military personnel generally were not subject to civilian criminal 
law. A member of the armed forces accused of a crime immediately came 
under military jurisdiction, and military police were responsible for 
all such investigations. Military prosecutions were directed by an 
officer on the public prosecutor's staff and took place in separate 
courts before two military judges and one civilian judge. The military 
courts followed the same rules of procedure as the civil courts. There 
was no appeal from the military to the civil system.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the right to privacy. 
The law requires warrants, which are issued by quasi-judicial officers 
who supervise criminal investigations, for searches. The police 
obtained them in the great majority of investigations. While in the 
past there were complaints of surveillance of human rights workers by 
members of the military police and the Central Intelligence and 
Security Service, none were reported during the year. There was still a 
threat of forced resettlement of indigenous populations due to the 
granting of timber and gold concessions (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, some media members continued to 
practice occasional self-censorship because of the history of 
intimidation and reprisals by certain elements of the former military 
leadership.
    In July the daily newspaper De West was threatened in connection 
with its coverage of weapons theft from the Government's Central 
Intelligence and Security Service. In April 2000, that newspaper had 
been firebombed, but no suspects were arrested. According to De West, 
police knew the perpetrator of the crime.
    There were 3 daily newspapers, 11 television stations, and about 25 
radio stations. Three television stations and two radio stations were 
owned publicly. Three companies, one owned publicly, provided cable 
television, which included foreign channels. Many television and radio 
stations broadcast only in a limited area. Two companies, one private 
and one public, offered unrestricted access to electronic media.
    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 freedom of assembly, and the Government generally 
respected this right in practice. Despite a law from the 1930s 
requiring a permit to hold a public demonstration or gathering, the 
authorities allowed public marches to proceed without permits, if they 
were orderly and guided by police.
    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.
    For more detailed information see the 2002 International Religious 
Freedom Report.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--Citizens may change their residence and 
workplaces freely and may travel abroad as they wish. Political 
dissidents who emigrated during the years of military rule were welcome 
to return. Few of them chose to do so, generally for economic reasons. 
Citizenship was not revoked for political reasons.
    Although it is possible for persons to be granted refugee status 
under special circumstances, there are no provisions in the law 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. There were no such requests during the year.
    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.
    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 this right, but in the past the 
military prevented its effective exercise. Although the military twice 
transferred power to elected civilian governments following coups, 2000 
marked the second time since independence from the Netherlands in 1975 
that one elected government succeeded another in accordance with 
constitutional provisions. The Government is still in the process of 
institutionalizing democratic, constitutional rule.
    The Constitution stipulates that power and authority rest with the 
citizens and provides for the right to change the Government through 
the direct election by secret ballot of a National Assembly of 51 
members every 5 years. The National Assembly then elects the President 
by a two-thirds majority vote. If the legislature is unable to do so, 
as was the case both in the 1991 and 1996 national elections, the 
Constitution provides that a national people's assembly, composed of 
Members of Parliament and regional and local officials, shall elect the 
President.
    The law allows early elections with the concurrence of both the 
National Assembly and the President; in May 1999, widespread street 
demonstrations triggered by the declining economy forced the Government 
of then-President Wijdenbosch to call early elections, which were held 
in May 2000. After those elections, which observers considered to be 
generally free and fair, the National Assembly elected NPS leader 
Ronald Venetiaan as President in August 2000.
    The Constitution provides for the organization and functioning of 
political parties. Many parties and political coalitions were 
represented in the National Assembly. President Venetiaan formed a 
cabinet from members of the New Front coalition, comprised of the NPS, 
a predominantly Creole party; the Progressive Reform Party, a 
predominantly Hindustani party; the Suriname Labor Party, a political 
wing of the largest labor union; and Pertjaja Luhur, a predominantly 
Javanese party.
    There were historical and cultural impediments to equal 
participation by women in leadership positions in government and 
political parties. In the past, most women were expected to fulfill the 
roles of housewife and mother, thereby limiting opportunities to gain 
political experience or position. Participation by women in politics 
(and other fields) generally was considered inappropriate. While women 
made limited gains in attaining political power in recent years, 
political circles remained under the influence of traditional male-
dominated groups, and women were disadvantaged in seeking high public 
office. There were 10 women in the 51-seat National Assembly; in 2000 
the Assembly appointed a woman as vice chairperson. The Cabinet 
included one woman as Minister of Foreign Affairs, another as Minister 
of Internal Affairs, and a third as Deputy Minister of Social Affairs. 
In February 2001, the first female member of the Court of Justice was 
sworn in.
    Although the Constitution prohibits racial and religious 
discrimination, several factors limited the participation of Maroons 
(descendants of escaped slaves who fled to the interior to avoid 
recapture) and Amerindians in the political process. Most of the 
country's political activity took place in the capital and a narrow 
belt running east and west of it along the coast. The Maroons and 
Amerindians were concentrated in remote areas in the interior and 
therefore had limited access to, and influence on, the political 
process. Voters elected the first Amerindians to the National Assembly 
in 1996. In the May 2000 elections, voters elected eight Maroons and 
one Amerindian to the National Assembly. There were no Maroons or 
Amerindians in the Cabinet.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Human rights groups operated without government restriction, 
investigating and publishing their findings on human rights cases; 
however, government officials generally were not cooperative or 
responsive to their views.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution and laws, with the exception of certain ethnic 
marriage laws, do not differentiate among citizens on the basis of 
their ethnic origins, religious affiliations, or other cultural 
differences. However, in practice several groups within society 
suffered various forms of discrimination.

    Women.--Violence against women was a problem. The law does not 
differentiate between domestic violence and other forms of assault. The 
Government has not addressed specifically the problem of violence 
against women. According to a national women's group, victims continued 
to report cases of violence against women and complained of an 
inadequate response from the Government and society to what appeared to 
be a trend of increasing family violence. No reliable statistics were 
available as to the extent of the problem. However, Stop the Violence 
Against Women, a nongovernmental organization (NGO), stated that among 
those women who reported their abuse to the group, the average abused 
woman was married, between the ages of 25 and 50, had two to three 
children, and was employed in a low-paying job. Although the police 
were reluctant to intervene in instances of domestic violence, a 
national women's group noted that police attitudes improved 
significantly as a result of training conducted in 1999. For example, 
two police stations opened victim's rooms, the first in Nickerie in 
2000 and the second during the year in Paramaribo, to provide better 
services to victims of all kinds of crimes. The Government planned to 
open a victim's room in every police station.
    Rape is illegal, but spousal rape was not against the law. During 
the year, there were 50 prosecutions for rape, with 38 convictions; 
sentences ranged from 12 months to 5 years.
    There were no specific laws to protect women against sexual 
exploitation. Prostitution is illegal; however, law enforcement 
officials did not enforce prostitution laws or arrest women for 
prostitution unless they were working on the street. Police allowed 
many ``brothel-type'' establishments to operate, and officials asserted 
that they made random checks on the brothels twice a month to see if 
women were being abused or held against their will. In spite of this 
effort, there were credible reports of trafficking in women for 
prostitution (see Section 6.f.).
    There were no laws prohibiting sexual harassment, and it did occur.
    Women had the right to equal access to education, employment, and 
property. Nevertheless, social pressures and customs, especially in 
rural areas, inhibited their full exercise of these rights, 
particularly in the areas of marriage and inheritance. Women 
experienced economic discrimination in access to employment and in 
rates of pay for the same or substantially similar work. A report 
published in March showed that 89 percent of women were employed in 
entry-level positions, 9 percent had mid-level jobs, and 3 percent held 
management positions. More than 60 percent of women worked in 
traditionally female administrative or secretarial jobs. The Government 
did not make specific efforts to combat economic discrimination. In 
February the Government ratified the Inter-American Convention on the 
Prevention, Punishment, and Eradication of Violence against women; as a 
result, it has to adjust existing legislation to bring it into 
compliance with the Convention.
    There was a National Gender Bureau in the Ministry of Home Affairs, 
which prepared an Integral Gender Action plan for 2000-2005 and 
appointed a program manager for gender policy in June 2001. However, 
its effectiveness was limited severely by financial and staffing 
constraints. The principal concerns of women's groups were political 
representation, economic vulnerability, violence, and discrimination.

    Children.--The Government allocated only limited resources to 
ensure safeguards for the human rights and welfare of children. School 
is compulsory until 12 years of age, but some school-age children did 
not have access to education due to a lack of transportation, 
facilities, or teachers. School attendance was free; however, most 
public schools imposed a nominal enrollment fee, ranging from $4 to $24 
(Sf10,000 to Sf60,000) a year. If a family was unable to pay, the 
Government provided assistance. Families must supply uniforms, books, 
and miscellaneous supplies. Approximately 70 percent of children in 
cities attended school. Children in the interior did not receive the 
same level of education as those in the city, and as few as 40 percent 
actually attended school. Children faced increasing economic pressure 
to discontinue their education in order to work (see Section 6.d.). 
There was no legal difference in the treatment of girls and boys in 
education or health care services, and in practice both were treated 
fairly equally.
    There were continuing reports of malnutrition among poor children, 
but it was difficult to quantify the extent of the problem. In the 
capital, where most of the country's population was concentrated, there 
were several orphanages and one privately funded shelter for sexually 
abused children. Elsewhere, distressed children usually relied on the 
resources of their extended families.
    There was no societal pattern of abuse directed against children; 
however, some children were exploited sexually, and there were credible 
reports of trafficking in girls for prostitution (see Section 6.f.). 
There was increased awareness of sexual abuse of children during the 
year, although the number of reports declined. During the year, a local 
NGO mounted a campaign against child sexual abuse in a newspaper and on 
the radio to increase awareness.
    The legal age of sexual consent is 14; however, it was not enforced 
strictly, and the Asian Marriage Law sets the marriage age for children 
of Asian descent at 13 years for girls and 15 years for boys. 
Otherwise, individuals of Asian descent must be 30 years old to marry 
without parental permission.

    Persons with Disabilities.--There were no laws concerning persons 
with disabilities and no provisions for making private or public 
buildings accessible to them. There were also no laws mandating that 
they be given equal consideration when seeking jobs or housing. 
However, there were some training programs for the blind and others 
with disabilities. In practice persons with disabilities suffered from 
discrimination when applying for jobs and services.

    Indigenous Persons.--The Constitution affords no special protection 
for, or recognition of, indigenous people. Most Amerindians suffered a 
number of disadvantages and had only limited ability to participate in 
decisions affecting their lands, cultures, traditions, and natural 
resources. The country's political life, educational opportunities, and 
jobs were concentrated in the capital and its environs, while the 
majority of Amerindians (as well as Maroons) lived in the interior. 
Government services in the interior were largely unavailable, and much 
of the infrastructure was destroyed during the 1986-91 insurgencies; 
progress in reestablishing services and rebuilding the infrastructure 
was very slow.
    The Government-appointed Consultative Council for the Development 
of the Interior, provided for in the 1992 peace accords that formally 
ended the insurgencies, included representatives of the Maroon and 
Amerindian communities. However, the Government did not consult with 
representatives of these communities about the granting of gold and 
timber concessions on indigenous and tribal lands. Following 
demonstrations in July 2001 by veterans of the Jungle Commando, who 
played a large role in the insurgencies, their de facto leader Ronny 
Brunswijk met with the Minister of Regional Development. The meeting 
resulted in a promise of quarterly meetings to monitor implementation 
of the 2001 Lelydorp Accord, which superseded the 1992 peace accords. 
The Government began integrating former Jungle Commando members into 
the police but had not implemented the native land rights portion of 
the agreement.
    Organizations representing Maroon and Amerindian communities 
complained that small-scale mining operations, mainly by illegal 
Brazilian gold miners, dug trenches that cut residents off from their 
agricultural land and threatened to drive them away from their 
traditional settlements. Mercury runoff from these operations also 
contaminated and threatened traditional food source areas.
    The Maroon and Amerindian populations still faced problems with 
illegal and uncontrolled logging and mining. In October 2000, the 
Vereniging van Saramakaanse Gezagdragers, an organization representing 
12 Saramaccaner villages, filed a petition with the IACHR claiming that 
lumber operations, mostly by Chinese-owned concessions, were 
threatening their way of life. The villagers sought observance of a 
1762 treaty between their ancestors and Dutch colonial authorities, 
which granted ownership of the interior to the tribes as long as they 
occupied the land. At year's end, the case was still pending, and the 
Government had not investigated the alleged claims.
    A major bauxite producer had continued problems with Maroon groups; 
the Maroons claimed that the concessions were located on tribal land, 
and the company claimed infringement on its concessions. The company 
depended upon the police and army to monitor the area and prevent 
conflict.
    Maroon and Amerindian groups continued to cooperate with each other 
in order to exercise their rights more effectively. During an annual 
meeting in September, the Association of Indigenous Village Chiefs 
discussed socioeconomic problems, land rights, nature reserves, and 
biodiversity. The leaders wanted the Government to honor provisions of 
the peace accords with the Jungle Commando in 1991 and with the 
Tucajana Amazones in 1992 to establish economic zones around both 
Maroon and indigenous communities.

Section 6. Worker Rights

    a. The Right of Association.--The Constitution protects the right 
of workers to associate and to choose their representatives 
democratically. Nearly 60 percent of the work force was organized into 
unions, and most unions belonged to one of the country's six major 
labor federations. Unions were independent of the Government but played 
an active role in politics. The small Labor Party historically was a 
very influential force in government.
    The law prohibits antiunion discrimination by employers, and there 
are effective mechanisms for resolving complaints of such 
discrimination. Employers must have prior permission from the Ministry 
of Labor to fire workers, except when discharging an employee for 
cause. The Labor Ministry individually reviews dismissals for cause; if 
it finds a discharge unjustified, the employee must be reinstated.
    There were no restrictions on unions' international activities. 
Unions were active members of both the International Labor Organization 
and the International Confederation of Free Trade Unions.

    b. The Right to Organize and Bargain Collectively.--The 
Constitution explicitly recognizes these rights, and the authorities 
respected them in practice. Collective bargaining agreements covered 
approximately 50 percent of the labor force. Bauxite industry workers 
were organized, but gold miners were not.
    The Constitution provides for the right to strike. Civil servants 
have the right to strike, and strikes in both the public and private 
sectors were common as workers tried to regain wages lost to inflation 
in previous years.
    There were a number of strikes during the year. Striking fire 
fighters refused to assist a driver who was trapped following a 
collision; as a result, the driver died. The police union went on 
strike, but called it off after 3 days when the Government began a 
court case against the union. Other strikes involved government day 
care workers, banana workers, and a union representing workers 
manufacturing consumer goods.
    There were no export processing zones.

    c. Prohibition of Forced or Bonded Labor.--The Constitution 
prohibits forced or bonded labor. The law prohibits forced and bonded 
labor by children; however, child prostitution did occur (see Section 
6.f.).

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law sets the minimum age for employment at 14 years; 
however, the Ministry of Labor and the police enforced this law only 
sporadically. Children under 14 years of age worked as street vendors, 
newspaper sellers, or shop assistants. Working hours for youths were 
not limited in comparison with the regular work force. Although 
government figures reported that only 2 percent of children were 
economically active, another survey found that 50 percent of children 
between the ages of 4 and 14 years were economically active, working 
mainly in the informal sector. The Government has not ratified the 
International Labor Organization's Convention 182 on elimination of the 
worst forms of child labor.

    e. Acceptable Conditions of Work.--There was no minimum wage 
legislation. Including a cost of living allowance, the lowest wage for 
civil servants was about $138 (Sf386,000) per month. This salary level 
made it very difficult to provide a decent standard of living for a 
worker and family. Government employees, who constituted approximately 
50 percent of the work force of 100,000 persons, frequently 
supplemented their salaries with second or third jobs, often in the 
informal sector. The President and Council of Ministers set and approve 
civil service wage increases.
    Work in excess of 9 hours per day or 45 hours per week on a regular 
basis required special government permission, which was granted 
routinely. Such overtime work earned premium pay. The law requires one 
24-hour rest period per week.
    A 10- to 12-member inspectorate in the Occupational Health and 
Safety Division of the Ministry of Labor was responsible for enforcing 
legislated occupational safety and health regulations. Resource 
constraints and lack of trained personnel precluded the division from 
making regular inspections of industry. There was no law authorizing 
workers to refuse to work in circumstances they deem unsafe; they must 
appeal to the inspectorate to declare the workplace situation unsafe.

    f. Trafficking in Persons.--The only laws that prohibit trafficking 
in persons were dated ``white slavery'' laws that were enforced rarely 
and applied only to women and children. There were credible reports of 
trafficking in women and girls within the country and to the country 
for prostitution. The country also was a transit point for trafficking. 
Women and girls from the interior were brought to the capital city and 
also to various gold mining locations in the interior. Several clubs in 
the capital were known for recruiting women from Brazil, Colombia, 
Venezuela, and the Caribbean (Guyana, Haiti, and the Dominican 
Republic). While prostitution is illegal, the law was not enforced. The 
police had an informal agreement with many ``hotel'' or brothel owners 
to allow them to proceed with their business as long as they did not 
hold the women's passports and the women were not mistreated. Random 
checks were performed on the establishments weekly; in several 
instances, police officers worked as advisers to the owners.
    Brothel owners often attempted to hold airline tickets for women 
they had paid to bring to the country to ensure that the women 
completed their contracts. The police arranged a compromise with the 
brothels and the prostitutes that when disagreements arose, the police 
would hold the ticket until an agreement was reached. There were some 
reported instances of individuals brought to the country under false 
pretenses and then forced to work as prostitutes. In cases where the 
victims were able to alert the police, the police helped them to return 
to their country of origin at the victims' expense. In 2001 one club 
owner in Paramaribo was convicted in Brazil for trafficking in women.
    There were credible reports of individuals using the country as a 
transit point to transport Brazilian women to Europe and the United 
States for purposes of prostitution. In addition, alien smuggling 
organizations used the country as an intermediate destination to 
smuggle Chinese and Indian nationals, including women and girls, to the 
United States, where frequently they were forced into bonded-labor 
situations.
                               __________

                          TRINIDAD AND TOBAGO

    Trinidad and Tobago, a member of the Commonwealth of Nations, is a 
parliamentary democracy in which there have been generally free and 
fair elections since independence from the United Kingdom in 1962. 
Parliament elects a president, whose office is largely ceremonial but 
does have some appointive power.
    When the December 2001 elections produced an 18-18 balance in 
Parliament between the United National Congress (UNC) and People's 
National Movement (PNM), both parties agreed to allow President A.N.R. 
Robinson to designate the new Prime Minister. However, when the 
President selected the PNM's Patrick Manning, the UNC refused to abide 
by the decision, and the deadlocked Parliament was unable to pass 
legislation or elect a speaker for 9 months, until new elections on 
October 7 yielded a 20 to 16 working majority for Manning and the PNM. 
A 12-member elected House of Assembly handled local matters on the 
island of Tobago. The judiciary was generally independent.
    The Ministry of National Security oversaw the police service and 
the defense force, rendering them responsive to civilian authority. An 
independent body, the Police Service Commission, made all personnel 
decisions in the Police Service, and the Ministry had little direct 
influence over changes in senior positions. There were credible reports 
that police and prison guards committed some human rights abuses.
    Oil and natural gas production and related downstream petrochemical 
industries, including ammonia and methanol production, provided the 
base for the market-based economy. The country's population was 
approximately 1.3 million. The service sector was the largest employer, 
although industrialization and associated plant construction created 
many jobs in the construction industry. Agriculture, while contributing 
only 4 percent to gross domestic product, remained an important 
employer, both at the subsistence and commercial level. Unemployment, 
at a reported 11 percent, contributed to a skewed income distribution. 
The economic growth rate was approximately 2.7 percent during the year.
    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. Nonetheless, there were reports of 
police and guard abuse of prisoners. Poor prison conditions and 
significant violence against women remained problems. Trinidad and 
Tobago 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.
    At year's end, a pretrial hearing began in the case of former 
cabinet minister Danrajh Singh, charged for the 1999 murder of 
politician Hanraj Sumairsingh, and the trial was set for 2003. Despite 
public speculation about possible political motives for the murder, 
there were indications that corruption may have been the root of the 
incident.
    On August 27, police arrested three prison guards in connection 
with the June 2001 death of prisoner Anton Cooper. The circumstances 
surrounding the death, and the slow pace of the investigation, provoked 
widespread criticism. At year's end, the three guards were charged with 
murder, and a preliminary inquiry was underway in Magistrate's 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 credible reports of police and prison personnel abusing prisoners 
in incidents that involved beating, pushing, and verbal insults. An 
Amnesty International report stated that use of excessive force and ill 
treatment of prisoners and suspects by police and guards continued. The 
Commissioner of Police admitted that there were frequent citizen 
allegations of police brutality, but he asserted that such claims often 
were ``counter-claims'' by citizens who had been arrested for crimes.
    In June Sudesh Samaroo claimed that police officers beat him, 
abducted him from his home, taunted him, and threw him from a cliff 
before he managed to escape. The Police Complaints Authority opened an 
investigation into the charges, and the investigation continued at 
year's end.
    In September prison authorities opened an investigation into claims 
by death row inmate Damian Ramiah that he had been severely beaten by 
prison officers on July 30.
    In November Keyon Anthony charged that police officers severely 
beat him during a search for an illegal firearm; he never was charged 
with a crime. Anthony brought his allegations to the Police Complaints 
Authority.
    Police corruption continued to be a problem. An independent body, 
the Police Complaints Authority, received complaints about the conduct 
of any police officer, monitored the investigation of complaints, and 
determined disciplinary measures where appropriate, including 
dismissal. However, Public Service Commission restrictions limited 
oversight authority to impose final discipline through dismissals. 
Several citizens' complaints alleging police corruption were lodged 
during the year. For example, in June residents of the town of Los 
Bajos appealed to the Commissioner of Police to protect them from three 
``rogue'' police officers who allegedly made a practice of planting 
drugs on young men in order to arrest them. In December Allan Saran 
confessed to involvement in the kidnaping for ransom of a Port of Spain 
resident (subsequently freed) and identified two police officers as 
accomplices.
    Prison conditions at two of the three largest men's prisons 
generally met international standards. However, conditions were worse 
at the Frederick Street Prison in Port of Spain, which dates from the 
1830s. It was designed for 250 inmates but housed approximately 800 
prisoners in December. Diseases such as chicken pox, tuberculosis, HIV/
AIDS, and viruses spread easily, and prisoners had to purchase their 
own medication. The Commissioner of Prisons reported that the prison 
system held 4,090 inmates at year's end. Overcrowding was a problem in 
4 of 8 facilities, where 2,290 inmates were housed in prisons built for 
980. A new maximum security prison, opened in late 1998, has a capacity 
of 2,450. However, at year's end, it was not fully operational, held 
approximately 800 inmates, and had done little to relieve the 
overcrowding in the detention system.
    On November 11, overcrowding caused a riot in the detention 
facility at the Port of Spain Magistrate's Court when officers 
attempted to house 80 detainees in cells built for 40 persons.
    Pretrial detainees were held separately from convicted prisoners, 
although they could be in the remand section of the same facilities as 
convicted prisoners.
    Conditions at the women's prison generally met international 
standards. Children between the ages of 15 and 19 were held at the 
Youth Training Center. Younger children were sent to the Boy's 
Industrial School.
    The Government permitted prison visits by independent human rights 
observers, but the Ministry of National Security must approve each 
visit.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest or detention, and the Government generally 
observed this prohibition.
    A police officer may arrest a person either based on a warrant 
issued or authorized by a magistrate or without a warrant when the 
officer witnesses commission of the alleged offense. For less serious 
offenses, the authorities typically brought the accused before a 
magistrate by way of a summons, requiring the accused to appear within 
48 hours, at which time the accused could enter a plea. For more 
serious offenses, when the accused was brought before the court, the 
magistrate proceeded with a preliminary inquiry or, alternatively, 
committed the accused to prison on remand or allowed the accused to 
post bail until the inquiry. In practice, serious offenders also were 
charged within 48 hours following arrest.
    The court could and did customarily grant bail to any person 
charged with any offense other than murder, treason, piracy, hijacking, 
or for any other offense for which death was the penalty fixed by law. 
In cases in which bail was refused, magistrates advised the accused of 
their right to an attorney and, with few exceptions, allowed them 
access to an attorney once they were in custody and prior to any 
interrogation. Police had the authority, under the Summary Courts Act, 
to grant bail to individuals charged with summary offenses. In July a 
Princes Town magistrate criticized police for applying this bail policy 
inconsistently, granting bail in some cases and refusing it in others.
    In February the Government launched Operation Anaconda, a police 
action which promised to address the problem of crime through a new 
zero-tolerance policy. Press reports indicated the program had led to 
the arrests of more than 500 people by June. That month laborer Andy 
Anderson Ashby brought suit against the Attorney General alleging that 
he had been arrested in connection with an Operation Anaconda exercise 
and detained for almost 36 hours without being charged. At year's end, 
the Police Complaints Authority was still investigating Ashby's claim.
    The Minister of National Security may authorize preventive 
detention in order to prevent actions prejudicial to public safety, 
public order, or national defense, and the Minister must state the 
grounds for the detention. There were no reports that the authorities 
abused this procedure.
    The Constitution prohibits forced exile, and it 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 judiciary provided citizens with a fair 
judicial process.
    The Judiciary was divided into a Supreme Court of Judicature and 
the Magistracy. The Supreme Court was composed of the Court of Appeal 
and the High Court; the Magistracy included the summary courts and the 
petty civil courts.
    All criminal proceedings commenced with the filing of a complaint 
in the summary court. Minor offenses were tried before the magistrate. 
For more serious offenses, the magistrate must conduct a preliminary 
inquiry. If there was sufficient evidence to support the charge, the 
accused was committed to stand trial before a judge and jury of the 
High Court. All civil matters were heard by the High Court. Both civil 
and criminal appeals may be filed with the local court of appeal and 
ultimately to the Privy Council in London.
    The Constitution provides for the right to a fair trial, and an 
independent judiciary vigorously enforced this right. All criminal 
defendants had the right to an attorney. In practice the courts 
sometimes appointed attorneys for those persons charged with indictable 
offenses (serious crimes) if they could not retain one on their own 
behalf. The law requires that a person accused of murder have an 
attorney. An indigent person may refuse to accept an assigned attorney 
for cause and may obtain a replacement.
    Despite serious efforts to improve the administration of justice, 
problems remained in some areas. Trial delays, while not as extensive 
as in past years, remained a problem: adults prosecuted for serious 
offenses were committed for trial or discharged in 2 to 3 years in 
capital cases or within 5 years in noncapital cases; minors were tried 
or discharged within 1 year. The High Court showed improvement in 
reducing trial backlogs, but they remained significant at the 
magistrate court level. To help improve efficiency, the courts 
introduced computer-aided transcription to more speedily and 
efficiently create a record.
    The death penalty was mandatory in all murder convictions for 
persons 18 years of age or older; convicted minors were jailed pending 
a presidential pardon. In July Caribbean Justice, a nongovernmental 
organization (NGO), issued a statement that the law did not allow for 
consideration of mitigating factors in murder cases that might warrant 
a lesser sentence.
    In 2000 Parliament passed the Integrity in Public Life Act, which 
established an Integrity Commission with jurisdiction and control over 
the financial activities and ethical conduct of persons in public life 
and persons exercising public functions. The act was used as the basis 
for investigations of the activities of several public officials, 
including former Prime Minister Panday, in the months prior to the 
October 7 elections. At year's end, Panday had been arraigned in 
Magistrate's Court, and a trial date set for early 2003. The Panday 
case was the first filed under the new act.
    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; however, citizens 
periodically complained of abuse of power by the state. In August 
Margaret Rowley of the town of Moruga claimed that local police 
forcibly entered her home to execute a search warrant and broke doors, 
a window, and furniture in the home.
    On July 31, a court struck down as unconstitutional a section of 
the Proceeds of Crime Act of 2000, which gave police the power to 
inspect bank records of any individual upon the authority 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, and the Government generally 
respected these rights in practice. An independent press and a 
functioning democratic political system combined to ensure freedom of 
speech and of the press.
    The four major daily newspapers freely and often criticized the 
Government in editorials. Widely read weekly tabloids tended to be 
extremely critical of the Government. All newspapers were privately 
owned. The two local television newscasts, one of which appears on a 
state-owned station, were sometimes critical of the Government but 
generally did not editorialize.
    Over the past several years, the Media Association of Trinidad and 
Tobago and the Publishers' Association expressed concern about the 
media's treatment by, and access to, the Government. For its part, the 
Government sometimes charged unfair treatment by the media, which the 
press viewed as unwarranted criticism.
    A Board of Film Censors was authorized to ban films that it 
considered to be against public order and decency or contrary to the 
public interest. This included films that it believed may be 
controversial in matters of religion or race, or that contain seditious 
propaganda. In practice films rarely were banned.
    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 freedom of assembly, and the Government generally 
respected this right in practice. The police routinely granted the 
required advance permits for street marches, demonstrations, or other 
outdoor public meetings. Amendments to the Summary Offences Act require 
that permits for public meetings and rallies be applied for 48 hours in 
advance instead of 24 hours, and make it an offense to hold a public 
meeting without a permit under the guise of conducting an exempted 
religious, educational, recreational, or sports function.
    The Constitution provides for freedom of association, and the 
Government generally respected this right in practice. Registration or 
other governmental permission to form private associations was not 
required.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    The Government limited the number of foreign missionaries allowed 
to enter the country to 30 per denomination. Missionaries had to meet 
standard requirements for an entry visa, must represent a registered 
religious group, and could not remain in the country for more than 3 
years.
    The Government was known to monitor closely only one religiously 
affiliated group, a radical Muslim organization called the Jamaat al 
Muslimeen, some members of which attempted a coup in 1990. The 
Government's surveillance focused on the group's repeated attempts to 
seize control of state-owned property adjoining its central mosque and 
on any actions intended to incite civil unrest.
    Citizens occasionally complained about the efforts of some groups 
to proselytize in neighborhoods where another religion was dominant. 
The most frequent public complaints came from Hindu religious leaders 
against evangelical and Pentecostal Christians. Such complaints 
mirrored the racial tensions that at times arose between the Afro-
Trinidadian and Indo-Trinidadian 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 Constitution provides for these 
rights, and the Government generally respected them in practice.
    In 2000 the Government acceded to the 1951 U.N. Convention Relating 
to the Status of Refugees and its 1967 Protocol. Because of legislative 
delays caused by the parliamentary deadlock during the year, the 
Government had not yet passed legislation to implement obligations 
accepted under the Convention, although the authorities generally 
cooperated with the office of the U.N. High Commissioner for Refugees 
(UNHCR). Until Parliament approves the legislation, the Ministry of 
National Security's Immigration Division handled any requests for 
asylum on a case-by-case basis; reportedly fewer than 10 had been 
received in the past 40 years. In practice, the authorities placed 
asylum seekers in the care of a local NGO pending resolution of their 
cases, which were reviewed by the office of the UNHCR.
    During the year, there were two cases of first asylum. The 
authorities detained Sierra Leonean Alie Marah in prison for 15 months 
as an illegal immigrant. When Marah requested asylum, the Government 
released him to the NGO. The Government denied asylum to the second 
claimant, a Cuban national.
    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 Constitution extends the right to vote to citizens as well as to 
legal residents at least 18 years of age who are citizens of other 
Commonwealth countries. Parliamentary elections were held at intervals 
not to exceed 5 years, and elections for the Tobago House of Assembly 
occurred every 4 years. The most recent general election was held on 
October 7, and observers found it to be generally free and fair.
    The two major political parties were the People's National Movement 
and the United National Congress. The PNM was primarily but not 
exclusively Afro-Trinidadian; the UNC was primarily but not exclusively 
Indo-Trinidadian. General elections held on December 10, 2001, resulted 
in an evenly divided Parliament, with both major parties winning 18 
seats in the 36-member House of Representatives. Both parties agreed to 
allow President A.N.R. Robinson to break the deadlock by appointing the 
Prime Minister. When the President appointed PNM leader Patrick 
Manning, the UNC called the decision unconstitutional and refused to 
participate in an agreement on the appointment of a Parliamentary 
Speaker, among other things. With the Parliament unable to form a 
majority, Manning called new elections for October 7. In spite of 
inflammatory campaigning by both parties, those elections proceeded 
peacefully and resulted in an uncontested 20 to 16 majority for the 
PNM. Following the elections, the authorities charged the campaign 
manager for one newly elected PNM parliamentarian with interfering with 
a ballot box. There were other, unsubstantiated, complaints of 
interference at some polling stations.
    There were no specific laws that restrict the participation of 
women or minorities in government or the political parties. Women 
comprised slightly more than half of all registered voters in the 
country, and the voters elected 7 women to the 36-seat House of 
Representatives on October 7, up from 6 women in the previous 
Parliament. There were 9 women in the 31-member Senate and 8 women in 
the 25-member Cabinet.
    Both major political parties reached out to ethnic minority voters, 
and ethnic minorities occupied significant positions in government. 
Senator Howard Chin Lee, PNM member and Minister of National Security, 
and Gerald Yetming, Member of Parliament from the UNC, were both ethnic 
Chinese. Chinese were the third largest distinct ethnic group, 
representing approximately 1 percent of the population.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of human rights groups operated without government 
restriction, investigating and publishing their findings on human 
rights cases. While government officials generally were cooperative, 
the Government responded strongly to Amnesty International's criticism 
of prison conditions and due process. An independent Ombudsman received 
complaints relating to governmental administrative issues and 
investigated complaints of human rights abuse. The Ombudsman could make 
recommendations but did not have authority to force government offices 
to take action.
    In 1998 the Government sought to curtail appeals by death row 
inmates to the Inter-American Commission on Human Rights (IACHR) and 
the U.N. Human Rights Committee. The Government's moves were prompted 
by a Privy Council ruling that failure to execute a condemned prisoner 
within 5 years of sentence constituted cruel and unusual punishment in 
violation of the Constitution. To meet this 5-year deadline, the 
Government sought to impose time limits on the IACHR and the U.N. 
Committee to ensure that applications before these bodies were 
completed within 8 months. In 1999 the Government withdrew from the 
American Convention on Human Rights following a required 1-year notice.
    However, the Privy Council subsequently ruled that by ratifying a 
treaty that provides for individual access to an international body, 
the Government made that process part of the domestic criminal justice 
system, thereby extending the scope of the due process clause of the 
Constitution, and that executing a prisoner with such an appeal pending 
would constitute a violation of due process.
    In June the Inter-American Court of Human Rights cited the 
Government for violating the American Convention on Human Rights by 
executing inmates who had unresolved appeals pending before the IACHR 
and ordered the Government to pay more than $2.9 million to the 
families and attorneys of several death row inmates. The Government 
contested the Court's findings, saying that the executions in question 
had been carried out in accordance with applicable law.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Government generally respected in practice the constitutional 
provisions for fundamental human rights and freedoms for all without 
discrimination based on race, origin, color, religion, or sex.

    Women.--Physical abuse of women continued to be a significant 
problem. There was increased media coverage of domestic abuse cases and 
signs of a shift in public opinion, which previously had held that such 
cases were a private matter, and the Government improved aid for 
victims. Murder, rape, and other crimes against women were reported 
frequently, but it was believed that many sexual crimes were 
unreported. The establishment of a community police division improved 
police responsiveness to reports of domestic abuse, but some police 
officers were reportedly unsympathetic or reluctant to pursue such 
cases, resulting in underreporting of crimes of violence against women. 
The Police Service reported 565 complaints of spousal abuse through 
October, but the actual incidence of such abuse was considered to be 
much higher. Two government ministries, operating independently, 
directed the NGOs that ran most of the country's social programs 
addressing domestic violence, including five shelters for battered 
women.
    Rape, spousal abuse, and spousal rape were criminal offenses. A 
rape crisis center offered counseling for rape victims and perpetrators 
on a voluntary basis. Since 1996 the Government operated a 24-hour 
domestic violence hot line, which received calls and referred victims 
to shelters, counseling, or other assistance. The hot line was for 
victims of rape, domestic violence, or other violence against women and 
received approximately 1,650 calls during the year.
    Prostitution is illegal, and the authorities brought charges of 
soliciting for the purpose of prostitution against 19 persons during 
the year. Of those, 18 were female and 1 male.
    The law does not prohibit sexual harassment, and it was a problem.
    Many women held positions in business, the professions, and 
government. Nevertheless, men still tended to hold most senior 
positions. There was no law or regulation requiring equal pay for equal 
work.
    Women's participation in education has been virtually equal to that 
of men, according to a UNESCO report, which showed that women's 
literacy rates and primary school enrollment in the country during 
1990-98 were almost the same as the corresponding rates for males, with 
women exceeding men in years spent in school and in secondary school 
enrollment ratios.
    The Division of Gender Affairs in the Ministry of Community 
Development and Gender Affairs was charged with protecting women's 
rights in all aspects of government and legislation. Several active 
women's rights groups also existed.

    Children.--The Government's ability to protect children's welfare 
was challenged by a lack of funds and expanding social needs. Education 
was free and compulsory through primary school, usually ending at 11 or 
12 years of age. Some parts of the public school system seriously 
failed to meet the needs of the school age population due to 
overcrowding, substandard physical facilities, and occasional classroom 
violence by gangs. The Government committed resources to building new 
facilities and expanded access to free secondary education.
    There was no societal pattern of abuse directed at children. The 
Domestic Violence Act provides protection for children abused at home. 
If they were removed from the home, abused children usually were placed 
with relatives. If there was no relative who could take them, there 
were several government institutions and NGOs that accepted children 
for placement.
    The Miscellaneous Provisions (Children) Act of 2000 increased the 
upper age in the definition of a child from 14 to 18 years of age, 
abolished corporal punishment as a penal sanction for children under 
18, and prohibited sentencing a person between 14 and 18 years of age 
to prison. A companion law established a new Children's Authority to 
license and monitor community residences, foster homes, and nurseries, 
and to investigate complaints about the care of children in such 
locations. At year's end, the act had not yet been proclaimed, as the 
Government was taking steps to appoint a board to manage the new 
authority.
    The law prohibits child prostitution, and the police reported no 
cases of it during the year. However, there were anecdotal but 
unconfirmed reports of child prostitution in the recent past (see 
Section 6.f.).

    Persons with Disabilities.--There is no legislation that 
specifically enumerates or protects the rights of persons with 
disabilities or mandates the provision of access to buildings or 
services. The lack of access to transportation, buildings, and 
sidewalks was a major obstacle for persons with disabilities. The 
Government provided some public assistance and partial funding to a 
variety of NGOs, which in turn provide direct services to members or 
clients with disabilities.

    Indigenous Persons.--Members of a very small group in the 
population identify themselves as descendants of the original 
Amerindian population of the country. They maintain social ties with 
each other and other aboriginal groups and were not subject to 
discrimination.

    National/Racial/Ethnic Minorities.--Various ethnic and religious 
groups live together peacefully, generally respecting one another's 
beliefs and practices. However, at times racial tensions appeared 
between Afro-Trinidadians and Indo-Trinidadians, which each make up 
about 40 percent of the population. The private sector was dominated by 
Indo-Trinidadians and persons of European, Middle Eastern, or Asian 
descent. Indo-Trinidadians predominated in agriculture. Afro-
Trinidadians were employed in disproportionate numbers in the civil 
service, police, and military. Some Indo-Trinidadians asserted that 
they were excluded from equal representation in the civil service due 
to racial discrimination.

Section 6. Worker Rights

    a. The Right of Association.--The 1972 Industrial Relations Act 
(IRA) provides that all workers, including those in state-owned 
enterprises, may form or join unions of their own choosing without 
prior authorization. The IRA provides for the mandatory recognition of 
trade unions when a union satisfies the Registration Recognition and 
Certification Board that it represents 51 percent or more of the 
workers in a specified bargaining unit. Union membership has declined, 
with an estimated 15 to 25 percent of the work force organized in 
approximately 19 active unions. Most unions were independent of 
government or political party control, although the Sugar Workers' 
Union historically was allied with the UNC.
    The law prohibits antiunion activities before a union is registered 
legally, and the Ministry of Labor enforced this provision when it 
received a complaint. A union also may bring a request for enforcement 
to the Industrial Court, which may order employers who are found guilty 
of antiunion activities to reinstate workers and pay compensation or 
impose other penalties including imprisonment. When necessary the 
Ministry of Labor's conciliation service determines which unions should 
have senior status.
    Unions freely joined federations and affiliated with international 
bodies. There were no restrictions on international travel or contacts.

    b. The Right to Organize and Bargain Collectively.--The IRA 
establishes the right of workers to collective bargaining. The 
conciliation service maintained statistical information regarding the 
number of workers covered by collective bargaining agreements and the 
number of antiunion complaints filed.
    All employees except those in ``essential services,'' which include 
the police and many other government employees, had the right to 
strike. The International Labor Organization (ILO) has criticized the 
Government's definition of essential services as being overly broad and 
has requested that the legislation be amended. There were significant 
strikes during the year, including a 9-day work stoppage by physicians 
employed by the Ministry of Health. The Industrial Court found that the 
action violated the prohibition against denying essential services. The 
doctors denied that their work stoppage constituted a strike but 
returned to work after a court injunction. In October and November, 
approximately 2,000 construction workers went on strike at a methanol 
plant at Point Lisas.
    The Labor Relations Act prohibits retribution against strikers and 
provides for grievance procedures if needed. A special section of the 
Industrial Court handles mandatory arbitration cases. Arbitration 
agreements are enforceable and can be appealed only to the Industrial 
Court. Most observers considered this court to be impartial; it 
consisted of government, business, and labor representatives.
    There were several export processing zones (EPZs). The same labor 
laws applied in the EPZs as in the rest of the country.

    c. Prohibition of Forced or Bonded Labor.--The law does not 
prohibit specifically forced or bonded labor, but there were no reports 
that it was practiced. There were also no reports of forced or bonded 
labor by children.

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The minimum legal age for workers is 12 years. Children 
from 12 to 14 years of age may work only in family businesses. Children 
under the age of 18 legally may work only during daylight hours, with 
the exception of 16- to 18-year-olds, who may work at night in sugar 
factories. The Ministry of Labor and Small and Micro-Enterprises was 
responsible for enforcing child labor provisions, but enforcement was 
lax because there were no established mechanisms for receiving, 
investigating, and addressing child labor complaints.
    There was no organized exploitation of child labor, but a UNICEF 
study estimated that 1.2 percent of children from 5 to 14 years of age 
were engaged in paid work, and that 0.3 percent were engaged in unpaid 
work for someone other than a family member. An ILO study reported that 
children engaged in several types of work, including scavenging, 
agriculture, domestic work, street vending, and commercial sexual 
activity.
    The Government has not ratified ILO Convention 182 on elimination 
of the worst forms of child labor.

    e. Acceptable Conditions of Work.--The 1998 Minimum Wages Act 
established a minimum wage of about $1.10 (TT$7.00) per hour. Actual 
wages varied considerably among industries, and while the minimum wage 
did not provide a decent standard of living for a worker and family, 
most workers earned more than the minimum. The Ministry of Labor 
enforced the minimum wage regulations.
    The Minimum Wages Act also established a 40-hour workweek, time-
and-one-half pay for the first 4 hours of overtime on a workday, double 
pay for the next 4 hours, and triple pay thereafter. For Sundays, 
holidays, and off days, the act also provides for double pay for the 
first 8 hours and triple pay thereafter. Daily rest periods and paid 
annual leave formed part of most employment agreements.
    The Factories and Ordinance Bill of 1948 sets requirements for 
health and safety standards in certain industries and provides for 
inspections to monitor and enforce compliance. The IRA protects workers 
who file complaints with the Ministry of Labor regarding illegal or 
hazardous working conditions. If it is determined upon inspection that 
hazardous conditions exist in the workplace, the worker is absolved for 
refusing to comply with an order that would have placed him or her in 
danger.

    f. Trafficking in Persons.--While there were no laws that 
specifically address trafficking in persons, the illegality of such 
acts was covered broadly in a variety of laws that addressed kidnaping, 
labor conditions, pimping and prostitution, slavery, and indentured 
servitude.
    Although child prostitution was illegal and the police reported no 
cases of it during the year, the ILO and some local officials provided 
anecdotal but unconfirmed reports of child prostitution in the recent 
past.
                               __________

                                URUGUAY

    The Oriental Republic of Uruguay is a constitutional republic with 
an elected president and a bicameral legislature. In 1999 in free and 
fair elections voters elected Senator Jorge Batlle of the Colorado 
party as President; he assumed office on March 1, 2000, for a 5-year 
term. In legislative elections in 1999 the left-of-center Broad Front 
coalition won approximately 40 percent of the vote in a four-party 
race, thus constituting the largest congressional bloc. The two 
traditional parties, the Colorados and the Blancos, which collaborate 
in a coalition-style arrangement, together control over half of the 
seats in the legislature. The judiciary is independent.
    The Interior Ministry administers the country's police departments 
and the prison system and is responsible for domestic security and 
public safety. The military is responsible for external security within 
the prison system. Civilian authorities exercise effective control over 
the security forces. There were reports of police violence, including 
abuse of prisoners in the jails and in police stations, which were 
investigated by the Ministry of the Interior.
    The economy is a mixture of private and state enterprises and is 
heavily dependent on agricultural exports and agroindustry. The leading 
exports are meat, leather, and rice. The country's population is 
estimated at 3.2 million. The unemployment rate was 20 percent at 
year's end. The economy contracted by 7.8 percent in the first half of 
the year, following a decline of 1.3 percent in 2001.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary generally provided effective means 
of dealing with individual instances of abuse; however, there were 
problems in some areas, principally poor prison conditions and delays 
in the judicial process. Court cases sometimes last for many years, 
resulting in lengthy pretrial detention. Violence against women and 
some discrimination against women and the black minority were problems. 
There were several reports of trafficking in persons. Uruguay 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 arbitrary or unlawful deprivation of life committed by the 
Government or its agents. At least 14 prisoners died at the hands of 
other prisoners or in suspicious circumstances (see Section 1.c.).
    The 1986 Amnesty Law prohibits criminal prosecution of members of 
the security forces who perpetrated extrajudicial killings, torture, 
and other abuses during the 12 years of military rule from 1973-85. 
However, some victims and relatives of victims had success using the 
civilian courts to seek redress. Court actions that sought to work 
around the Amnesty Law included a lawsuit filed in August by Argentine 
poet Juan Gelman and the potential prosecution of officials in the 
Ministry of Foreign Affairs during the dictatorship.
    In a new attempt to bring accountability for human rights 
violations committed by the military government, on October 18, a 
criminal court issued an indictment for deprivation of liberty against 
former Minister of Foreign Affairs, Juan Carlos Blanco in connection 
with the disappearance of Elena Quinteros, who was allegedly abducted 
from the Venezuelan Embassy in 1976. Documents reportedly implicated 
Blanco and two other former Foreign Ministry officials, who are not 
covered by the Amnesty Law, in the decision not to return Quinteros to 
the Venezuelans with whom she had sought asylum.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    The 1986 Amnesty Law required the Government to investigate the 
fate of those citizens who were detained and who then disappeared 
during the dictatorship; the first three administrations following the 
return to democracy consistently refused to do so. In 2000 the 
Government for the first time undertook such an effort, and these 
efforts continued during the year.
    In 2000 President Batlle created a National Peace Commission to 
clarify the fate of 179 Uruguayans believed to have disappeared for 
political reasons during the dictatorship (137 in Argentina, 30 in 
Uruguay, 7 in Chile, 3 in Paraguay, 1 in Bolivia, and 1 in Brazil). The 
Commission was charged with receiving and analyzing information 
relevant to the disappeared persons. It was to prepare individual 
summaries of its conclusions as to the fate of each person and to 
recommend legal measures that the Government should adopt to compensate 
the families of the victims and resolve the victims' legal status, such 
as by declaring them legally dead. By year's end, the Peace Commission 
had resolved or reported to families on 24 of 30 cases. The 
Commission's final report--published in November--concluded that the 
fates of 20 percent of the missing Uruguayans was probably cremation 
and burial at sea.
    Some persons have sought justice in non-Uruguayan courts for human 
rights violations that occurred during military rule. During the year, 
Sara Mendez--who had filed papers in an Argentine court accusing five 
retired members of the Uruguayan military with the 1976 kidnaping of 
her infant from her Buenos Aires home--was reunited with her son in 
Buenos Aires, largely through the efforts of an Uruguayan senator.
    An Italian prosecutor continued to investigate charges brought in 
an Italian court in 1999 against four present and former members of the 
military and one police officer accused of responsibility in the 
disappearance of eight Italian-Uruguayan dual nationals.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
were reports of abuse of prisoners, many of which have been 
investigated by the Government.
    The judicial and parliamentary branches of government are 
responsible for investigating specific allegations of abuse. An 
internal police investigative unit receives complaints from any person 
concerning possible noncriminal police abuse of power, but it is 
understaffed and only can issue recommendations for disciplinary 
action. Ministry of Interior authorities act promptly if accusations of 
alleged police brutality are reported. Police officers charged with 
less serious crimes may continue on active duty; those charged with 
more serious crimes are separated from active service until a court 
resolves their cases. The 1995 Public Security Law requires a 
proportional use of force by the police and the use of weapons only as 
a last resort, and this law was respected in practice.
    At least eight police officers were jailed for abusing detainees in 
Maldonado and Salto. Over 400 police officers reportedly have been 
indicted in the last 3 years for violations ranging from corruption to 
abuse. There were also numerous reports of abuse of prisoners inside 
the prison system. Human rights groups and an organization of the 
families of prisoners filed several complaints about abuse, including 
routine beatings in processing; routine hazing and beatings of 
prisoners during searches; poor quality and insufficient quantities of 
food, bedding, and clothing; and poor access to medical care.
    Conditions in prisons were poor and deteriorated in the last year. 
Due to worsening budget problems and the destruction of Libertad prison 
during a riot in March, overcrowding increased. There were 5,400 
prisoners in prison facilities designed to hold only 2,940 prisoners, 
causing sanitation, social, and health problems in the major 
facilities. In March a prison riot lasting several days in Libertad 
prison in San Jose Province left the prison mostly uninhabitable. 
Despite its current official capacity of zero, several hundred 
prisoners continued to be housed within the ruined prison. As a 
temporary solution, the Government resorted to lodging some of the 
overflow prisoners within modified shipping containers. To alleviate 
overcrowding, the Government purchased modular cells providing secure, 
sanitary holding facilities for up to 600 prisoners. A new director of 
prisons, reported to be ``tough but fair,'' has undertaken to correct 
some of the causes of the riot problem by ending corruption and unfair 
practices. The director announced that in the event of another riot, 
the guards will be instructed to use arms as necessary to suppress the 
riot.
    In addition to overcrowding, the penal system suffered from 
understaffing, instances of corruption, and physical violence. In April 
National Prison director Carlos de Avila and other officials were 
convicted of taking bribes in exchange for transferring prisoners to 
better facilities. Narcotics, weapons, and cell phones were smuggled 
into several facilities, allegedly with the collusion of an official. 
Family visitation, in which family members carry in food to supplement 
a prisoner's diet, was allowed but is made very difficult as the family 
members are strip-searched in unhygienic conditions and subjected to 
invasive searches.
    Prison deaths rose sharply. In the first half of the year, 14 
prisoners died in hangings, stabbings, or burnings either self-
inflicted or perpetrated by other prisoners. In the 2 months following 
the riot in Libertad and the subsequent replacement of the prison's 
director, five inmates died, resulting in an official investigation 
urged by the nongovernmental organization (NGO) Servicio Paz y Justicia 
(SERPAJ) and the families of the victims. While there was no evidence 
of staff involvement in these deaths, prisoners and their families 
complained of institutionalized physical abuse in some facilities. 
Prisoners were not always separated according to the severity of their 
crimes. Human rights organizations were not given free access to the 
prisons; the Government cited safety concerns as the reason.
    According to press reports and the regional AIDS rights 
organization ASEPO (Asociacion de Ser Positivo), the majority of 
prisoners infected with HIV and AIDS did not receive adequate treatment 
or medication. The extent of the infection and transmission rates of 
the disease within the inmate population was unknown.
    Female prisoners were held in separate facilities from male 
prisoners with the exception of the Artigas prison, in which women were 
housed in a separate facility within the prison. In general conditions 
for female prisoners were significantly better than for male prisoners 
due to their smaller population and the availability of training and 
education opportunities.
    Minors were held in institutions operated by the National Institute 
for Minors (INAME). While it is legal to house juvenile prisoners 
convicted of violent crimes within the same prisons as adults, this was 
not done in practice. Juveniles who committed serious crimes were 
incarcerated in juvenile detention centers, which resemble traditional 
jails and have cells. However, conditions in some of these facilities 
were as bad as in the adult versions, with some youths permitted to 
leave their cells only 1 hour per day.
    Juvenile offenders who were not considered to pose a threat to 
society were placed in halfway house facilities, oriented towards 
rehabilitation. These facilities provided educational, vocational, and 
other opportunities, and the juvenile offenders were able to enter and 
leave without restriction. Some human rights groups expressed concern 
with reports that the Ministry of the Interior was considering mixing 
youth and adult populations, such as at La Tablada, a facility run by 
the National Institute for Minors (INAME).
    The Government--citing safety reasons--did not permit general 
prison visits by independent human rights observers during the year. 
However, inmate visitation continued and foreign diplomats could visit 
prisons.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
requires the police to have a written warrant issued by a judge before 
making an arrest, and the authorities generally respected this 
provision in practice. The only exception is when the police apprehend 
the accused during commission of a crime. The Constitution also 
provides the accused with the right to a judicial determination of the 
legality of detention and requires that the detaining authority explain 
the legal grounds for the detention. In 2000 the President signed a new 
law that obligates police officers to inform individuals of the reason 
for their arrest. Police may hold a detainee incommunicado for 24 hours 
before presenting the case to a judge, at which time the detainee has 
the right to counsel. It was during this period of time that police 
sometimes abused detainees.
    The law stipulates that confessions obtained by the police before a 
detainee appears before a judge and attorney (without the police 
present) have no validity. Further, should a detainee claim that he has 
been mistreated, by law the judge must investigate the charge.
    If the detainee cannot afford a lawyer, the courts appoint a public 
defender. If the crime carries a penalty of at least 2 years in prison, 
the accused person is confined during the judge's investigation of the 
charges unless the authorities agree to release the person on bail 
(which seldom happens). As a result, in 2000 approximately 73 percent 
of all persons incarcerated were awaiting a final decision in their 
case. However, these figures may be misleading because only those 
committing more serious crimes were actually jailed while waiting for 
the judge to investigate charges. The majority of people facing charges 
were not jailed. The length of time the accused spends in jail pending 
trial also varies depending on the complexity of the case and the size 
of the judge's docket. The uncertainty respecting length of 
imprisonment contributed to tension in the prisons.
    The Government does not use forced exile. The Constitution provides 
that in extreme cases of national emergency an individual may be given 
the option to leave the country as an alternative to trial or 
imprisonment; however, this option has not been exercised for at least 
2 decades.

    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 heads the judiciary system and supervises the 
work of the lower courts. A parallel military court system operates 
under a Military Justice Code. Two military justices sit on the Supreme 
Court but participate only in cases involving the military. Military 
justice applies to civilians only during a state of war or 
insurrection.
    Trial proceedings usually are based on written arguments to the 
judge, which are not made public routinely. Only the judge, prosecutor, 
and defense attorney have access to all documents that form part of the 
written record. Individual judges may hear oral arguments at their 
option. Most judges choose the written method, a major factor slowing 
the judicial process. There is no legal provision against self-
incrimination, and judges may compel defendants to answer any question 
they pose. Either the defense attorney or the prosecutor may appeal 
convictions to a higher court, which may acquit the person of the 
crime, confirm the conviction, or reduce or increase the sentence.
    A 1997 law to reform and modernize the Criminal Code provides for 
more oral argument by prosecution and defense attorneys, less 
investigative responsibility for judges, and is expected to accelerate 
the pace of criminal trials. Budget constraints resulted in 
postponement of the law's implementation to 2004.
    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.

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 authorities sometimes 
limited freedom of the press and the authorities may abridge these 
rights if persons are deemed to be inciting violence or ``insulting the 
nation.'' All elements of the political spectrum freely expressed their 
viewpoints in both print and broadcast media.
    Montevideo has 5 daily newspapers and 10 widely read weeklies; 
there are also approximately 80 other weekly and a few daily newspapers 
throughout the country. Montevideo has one government-affiliated and 
three commercial television stations. There are about 150 radio 
stations, 34 television stations, and 200 cable television stations in 
the country.
    The law stipulates that expression and communication of thoughts 
and opinions are free, within the limits contained in the Constitution, 
and it outlines methods of responding to ``inexact or aggravating 
information.'' The law provides for between 3 months' and 2 years' 
imprisonment for ``knowingly divulging false news that causes a grave 
disturbance to the public peace or a grave prejudice to economic 
interests of the State'' or for ``insulting the nation, the State, or 
their powers.'' The authorities rarely used this law and did not do so 
during the year.
    Human rights activists and journalists alleged that state 
enterprises such as the telephone and electric companies on occasion 
withheld advertising from independent media that were critical of the 
Government and favored media friendly to the Government with extensive 
paid advertising. There were a few reports that stories critical of the 
Government were edited to be less critical or dropped altogether. There 
were reports of at least two journalists who were fired for criticizing 
the Government too harshly.
    Access to the Internet was available and unrestricted.
    The national university is autonomous, and 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.
    In May, as in prior years, thousands of persons marched in memory 
of the persons who disappeared during the rule of the dictatorship (see 
Section 1.b.). Several demonstrations, including relatively large 
rallies and marches, protested the Government's decision to condemn 
Cuba for human rights violations. The demonstrators were allowed to 
march and express themselves freely. Protests and demonstrations about 
economic conditions, labor issues, bio-technical issues, and student 
issues took place without interference.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    There is a strict separation of church and state, and religious 
instruction in public schools is prohibited.
    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 status in accordance with the 1951 
U.N. Convention Relating to the Status of Refugees and its 1967 
Protocol. The Government grants asylum only for political crimes as set 
forth in the 1928 Treaty of Havana, the 1889 Treaty of Montevideo, and 
the 1954 Caracas Convention. The Government cooperated with the office 
of the U.N. High Commissioner for Refugees (UNHCR) and other 
humanitarian organizations in assisting refugees. The Government grants 
first asylum in cases in which a refugee's claims are verified by the 
UNHCR. The Government continued to cooperate with international 
organizations to provide temporary residence to human rights advocates 
who claim that they are subject to persecution in their home country; 
if still at risk after 1 year, the person may apply for refugee status.
    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 country is a multiparty democracy with 
mandatory voting for those 18 years of age or older. The Colorado 
party, the National (Blanco) party, and the Broad Front coalition are 
the major political groupings.
    In November 1999, in free and fair elections, voters elected 
Senator Jorge Batlle of the Colorado party President, and he assumed 
office on March 1, 2000, for a 5-year term. In legislative elections in 
October 1999, the left-of-center Broad Front coalition won 
approximately 40 percent of the vote in a four-party race, thus 
constituting the largest congressional bloc. The two traditional 
parties, the Colorados and the Blancos, which collaborate in a 
coalition-style arrangement, together controlled over half of the seats 
in the legislature.
    Women participated actively in the political process and 
government. Three of 30 senators and 13 of 99 deputies were women. None 
of the 13 cabinet ministers were women. There were no female justices 
on the Supreme Court.

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 generally cooperative and responsive to their views.

Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution and the law prohibit discrimination based on race, 
sex, religion, or disability. Despite these provisions, societal 
discrimination against some groups existed.

    Women.--Violence against women continued to be a serious problem. A 
1999 Ministry of Public Health study projected that within 5 years, 
domestic violence would constitute the second most prevalent threat to 
public health, after traffic accidents. The law provides for sentences 
of 6 months to 2 years in prison for a person found guilty of 
committing an act of violence or of making continuing threats to cause 
bodily injury to persons related emotionally or legally to the 
perpetrator. The state-owned telephone company provided a free 
nationwide hot line answered by trained NGO employees for victims of 
domestic violence. Between January and September, the service received 
2,596 calls, a rate lower than in previous years. Persons calling the 
hot line were provided counseling, free legal advice, and may be 
referred to NGOs that can provide further social services. A 2000 law 
increased sentences for rape and certain other sexually related crimes. 
The Criminal Code covers spousal abuse and spousal rape, although 
criminal charges rarely were initiated for those crimes.
    A government office of assistance for victims of domestic violence 
trains police how to resolve complaints of violence against women. A 
directorate within the Ministry of Interior continued a public 
awareness campaign about domestic violence and operated community 
assistance centers where abuse victims receive information and 
referrals to government and private organizations in their area that 
aid abused women. Both the Ministry of Interior and NGOs operated 
shelters in which abused women and their families could seek temporary 
refuge. However, the country's economic crisis threatened assistance to 
an increasing number of victims of domestic violence, as lack of 
funding led to closure of a number of centers.
    The law prohibits sexual harassment in the workplace; however, few 
such complaints were filed, leading some to conclude that it was not a 
problem.
    Women enjoyed equality under the law in the workplace but faced 
discrimination stemming from traditional attitudes and practices. 
However, there never have been any cases brought under the law. The 
work force exhibited segregation by gender. Women, who made up almost 
one-half the work force, tended to be concentrated in lower paying 
jobs. Women's salaries averaged two-thirds those of men, continuing a 
gradual improvement with respect to pay equity. Approximately 60 
percent of the students at the public university were women. Women 
often pursued professional careers but were underrepresented in 
traditionally male-dominated professions.
    In 2000 the first four female military officers were commissioned 
by the air force, and in 2001 the first four female cadets graduated 
from the army's military academy.
    A small institute in the Ministry of Education coordinates 
government programs for women. There are a number of active women's 
rights groups, and many of their activities remained centered on 
followup to the platform of action of the 1995 U.N. Conference on 
Women.

    Children.--The Government generally is committed to protecting 
children's rights and welfare, and it regarded the education and health 
of children as a top priority. The National Institute for Minors 
(INAME) oversees implementation of the Government's programs for 
children but receives only limited funding for programs. The Government 
provided free compulsory kindergarten, primary, and secondary 
education, and 95 percent of children completed their primary 
education. Girls and boys were treated similarly. Free education was 
available through the undergraduate level at the national university.
    There is no societal pattern of abuse of children. Minors under the 
age of 18 are not subject to criminal trial but receive special 
treatment with special judges and, when sentenced, stay in institutions 
run by INAME for the period determined by the judge; these institutions 
emphasize the rehabilitation of minors. INAME maintained an extensive 
network of programs, including shelters for at-risk children. INAME 
also operated a confidential hot line for children who were victims of 
domestic abuse.
    UNICEF estimated that 40 percent of children under the age of 5 
live in the poorest 20 percent of homes. While health care is free to 
all citizens, the Government with the help of UNICEF has undertaken a 
program to educate parents regarding the need for regular checkups and 
immunization.
    Although there were few substantiating statistics, polls and 
arrests of children participating in sexual work indicated that child 
prostitution existed. INAME has never conducted research on the subject 
of child prostitution, and no NGO specifically addressed the problem 
(see Section 6.f.)
    The State of Maldonado announced that child prostitution and sexual 
tourism had increased and identified 70 locations where this had 
occurred. For the first time, there were isolated reports of male 
prostitution. The economic crisis impacted child prostitution. 
Anecdotal evidence indicated that in recent years child prostitution 
has increased, especially in the interior of the country. Children's 
rights NGOs and the media received reports that minors resorted to 
prostitution as a means of survival in rural areas where unemployment 
was more than 20 percent.
    In Montevideo police discovered a child prostitution ring involving 
40 minors with children as young as the age of 13. Additionally, 
according to NGO experts, 30 of 83 of the ``massage spas'' in 
Montevideo worked with children and adolescents, many of whom were 
contracted out to clients as prostitutes. The minimum working age in 
these ``spas'' is 16, but children as young as 13 were found.
    Prostitution is legal in Uruguay, and there is no law specifically 
prohibiting participation by minors. The Government created the 
Interdepartmental Commission for the Prevention and Protection of 
Children Against Sexual Exploitation, which--with INAME--is responsible 
for creating the national plan of action. In March the commission 
announced the plan, which includes education programs.

    Persons with Disabilities.--There was no discrimination against 
persons with disabilities in employment, education, or in the provision 
of other state services.
    A national disabilities commission oversees implementation of a law 
on the rights of persons with disabilities. Although the law mandates 
accessibility for persons with disabilities only to new buildings or 
public services, the Government provided access to a number of existing 
buildings. The law reserves 4 percent of public sector jobs for persons 
with disabilities. The country has a generally excellent mental health 
system and an interest in the rights of persons with mental 
disabilities.

    National/Racial/Ethnic Minorities.--The country's Afro-Uruguayan 
minority, estimated at 5.9 percent of the population, continued to face 
societal discrimination. A 1999 study by the NGO Mundo Afro found that 
the illiteracy rate among black women was twice the national average, 
that the percentage of black women who had pursued higher education was 
one-third that of the general population, and that one-half of Afro-
Uruguayan women worked as household domestics. With the exception of an 
alternate deputy, there were no Afro-Uruguayans in Congress, and blacks 
were practically unrepresented in the bureaucratic and academic 
sectors.

Section 6. Worker Rights

    a. The Right of Association.--The Constitution states that laws 
should promote the organization of trade unions and the creation of 
arbitration bodies; however, there is almost no legislation 
specifically entitling workers to form and join unions of their choice. 
Unions traditionally organize and operate free of government 
regulation. Civil servants, employees of state-run enterprises, and 
private enterprise workers may join unions. Unionization was high in 
the public sector (over 80 percent) and low in the private sector 
(under 5 percent). Labor unions were independent of political party 
control but traditionally associated more closely with the left-of-
center Broad Front political coalition.
    A Ministry of Labor commission investigates antiunion 
discrimination claims filed by union members. There have been no such 
claims since 2000. Labor unions have complained that some businesses 
have encouraged formation of worker cooperatives, which served to 
reduce their labor costs. Although such cooperatives did not 
necessarily affect workers' social insurance and other public benefits, 
this outsourcing could reduce workers' job security, result in a loss 
of seniority, and weaken the power of trade unions and of collective 
bargaining.
    There are mechanisms for resolving workers' complaints against 
employers, but unions complained that these mechanisms sometimes were 
applied arbitrarily. The law generally prohibits discriminatory acts by 
employers, including arbitrary dismissals for union activity. Unions 
maintained that organizers were dismissed for fabricated reasons, thus 
allowing employers to avoid penalties under the law.
    At the International Labor Organization's (ILO) Governing Body 
meeting in March, the Association of Workers and Employees brought 
allegations against the Government concerning antiunion measures, 
involving collective bargaining and disciplinary measures against trade 
union officials and workers. At the ILO's governing meeting in June, 
the Association of Bank Employees of Uruguay brought allegations 
against the Government concerning antiunion dismissals, threats of 
dismissal, and irregular denouncement of a collective agreement. Both 
complaints remained pending at year's end.
    There are no restrictions on the right of unions to form 
confederations or to affiliate with international trade union groups; 
however, the one national confederation has chosen not to affiliate 
officially with any of the world federations. Some individual unions 
are affiliated with international trade secretariats.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining between companies and their unions determines a number of 
private sector salaries. The executive branch, acting independently, 
determines public sector salaries. There are no laws prohibiting 
antiunion discrimination, but a 1993 executive decree established fines 
for employers engaging in antiunion activities. The law does not 
require employers to reinstate workers fired for union activities and 
does not require employers to pay an indemnity to such workers. In 
cases of legal challenges by union members for unlawful firings, courts 
tend to impose indemnization levels that are higher than those normally 
paid to dismissed workers. The ILO's Committee of Experts found that 
imposition of a fine ``provided for by law in all cases of unjustified 
dismissal when the real motive is trade union membership or activity'' 
is an inadequate protection against anti-union discrimination.
    The Constitution provides workers with the right to strike. The 
Government may legally compel workers to work during a strike if they 
perform an essential service which, if interrupted, ``could cause a 
grave prejudice or risk, provoking suffering to part or all of the 
society.'' A few strikes took place in the transportation and education 
sectors. The University of the Republic was shut down by a student 
union strike lasting more than a month.
    All labor legislation fully covers workers employed in the eight 
special export zones. There are no unions in these zones because the 
few workers employed there were not in traditionally organizable 
occupations, that is, one in which a number of workers are employed in 
a non-professional capacity.

    c. Prohibition of Forced or Bonded Labor.--The Constitution 
prohibits forced or bonded labor, including by children, and the 
Government generally enforced this prohibition effectively; however, 
there was one report that one child was trafficked into forced labor 
(see Section 6.f.).

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Child Labor Code protects children; the Ministry of 
Labor and Social Security is responsible for enforcing the law. Some 
children worked as street vendors in the expanding informal sector 
(which accounts for 48 percent of total employment in the country) or 
in the agrarian sector, which generally were regulated less strictly 
and where pay was lower. The law does not permit minors under the age 
of 14 to work, and this was generally enforced in practice. Minors 
between the ages of 14 and 15 were granted permission to work only in 
extremely rare circumstances and even then usually only to work with 
other members of their families. Minors between the ages of 15 and 18 
require government permission to work, and such permission is not 
granted for dangerous, fatiguing, or night work.
    Permission to work is only granted to minors who have completed 9 
years of compulsory education or who remain enrolled in school and are 
working toward completing the period of compulsory education. Controls 
over salaries and hours for children are more strict than those for 
adults. Children over the age of 16 may sue in court for payment of 
wages, and children have the legal right to dispose of their own 
income. A program by INAME and an NGO to pay $83 (1,000 pesos) per 
month to parents who take their children off the streets and send them 
to school continued during the year. This amount approximated what a 
child might earn working on the street. In 1999 the Government created 
a National Committee for the Eradication of Child Labor, which 
continued to work on creating a national action plan to combat child 
labor.

    e. Acceptable Conditions of Work.--The Ministry of Labor 
effectively enforces a legislated minimum monthly wage which is in 
effect in both the public and private sectors. The Ministry adjusts the 
minimum wage whenever it adjusts public sector wages. The minimum wage, 
set in 2001 at approximately $80 (1,092 pesos) per month, functions 
more as an index for calculating wage rates than as a true measure of 
minimum subsistence levels, and it would not provide a decent standard 
of living for a worker and family. The vast majority of workers earn 
more than the minimum wage.
    The standard workweek is 48 hours in industry and 44 hours in 
commerce, with a 36-hour break each week. The law stipulates that 
industrial workers receive overtime compensation for work in excess of 
48 hours and that workers are entitled to 20 days of paid vacation 
after a year of employment.
    The law protects foreign workers and does not discriminate against 
them. However, in order to receive official protection, the companies 
that employ foreign workers must report them as employees. Many 
workers--both native and foreign--worked off the books and thus 
forfeited certain legal protections.
    The Ministry of Labor and Social Security enforces legislation 
regulating health and safety conditions in a generally effective 
manner. However, some of the regulations cover urban industrial workers 
more adequately than rural and agricultural workers. Workers have the 
right to remove themselves from what they consider hazardous or 
dangerous conditions.

    f. Trafficking in Persons.--There are no laws specifically 
addressing trafficking in persons; and there were some infrequent cases 
involving trafficking of women and, particularly, child prostitution 
(see Section 5).
    Trafficking workers from other South American countries continued. 
Police arrested persons involved with the trafficking and false 
documentation of Peruvian women in Uruguay. Some women were employed as 
domestics, fulfilling a demand for cheap, full-time household labor. 
The women were recruited in Peru, provided transportation and 
documentation, obliged to repay the traffickers over time, often 
exceeding 5 years. Others, destined for the United States, were 
provided with falsified birth certificates to obtain national 
identification cards and Uruguayan passports. While 6 women in the ring 
were arrested, authorities estimated that more than 20 Peruvians might 
have been trafficked through the country in this manner. One Peruvian 
minor captured during the arrest was repatriated.
    More than eight Cuban nationals were detained for using false 
documents provided by traffickers, allegedly in the United States.
    Isolated cases of trafficking in persons for labor were reported. 
Five Indonesian workers from a South Korean fishing vessel alleged that 
their employers beat them, subjected them to 94-hour work weeks, and 
set them ashore when in port to avoid feeding and caring for them. 
Foreign consular officials confirmed that these allegations were not 
uncommon in the region but stated that lack of involvement by the host 
countries made such practices difficult to detect and prevent.
    There were no reliable estimates on the number of Uruguayan women 
who worked as prostitutes abroad--generally in Europe and Australia--or 
on the proportion who were induced into such work by fraud or were 
subjected to conditions approaching servitude. Families of three women 
who disappeared from Maldonado in the last decade (the last in 2000) 
renewed demands for an investigation of the disappearances. Recent 
reports of disappearances among young females in Maldonado gave rise to 
speculation that the three women may have been trafficked to Europe.
    The Ministry of the Interior has primary responsibility for 
investigating trafficking cases.
                               __________

                               VENEZUELA

    Venezuela is a constitutional democracy with a president and 
unicameral legislature in which citizens periodically choose their 
representatives in free and fair multiparty elections. In addition to 
the executive, legislative, and judicial branches of government, the 
Constitution provides for a ``Citizen Power'' branch of government--
which includes the Ombudsman, the Public Prosecutor, and the Controller 
General--and an ``Electoral Power'' branch, the National Electoral 
Council (CNE). In July 2000, following a long and controversial 
process, voters elected President Hugo Chavez of the Fifth Republic 
Movement (MVR) in generally free and fair elections. The MVR and the 
pro-Chavez Movimiento a Socialismo (MAS) party won 92 seats in the 165-
member legislature. Subsequent party splits reduced the pro-Chavez 
members to 84 seats. In December 2000, the National Assembly appointed 
members of the Citizen Power and Supreme Court in a manner that many 
observers criticized as unconstitutional. The civilian judiciary is 
legally independent; however, it was highly inefficient and sometimes 
corrupt, and judges at all levels were subject to influence from a 
number of sources, including the executive branch.
    In April the country experienced a temporary alteration of 
constitutional order. When an estimated 400,000 to 600,000 persons 
participated in a march in downtown Caracas to demand President 
Chavez's resignation, gunfire broke out, resulting in as many as 18 
deaths and more than 100 injuries, with dead and injured on both sides. 
Military officers took President Chavez into custody, and opposition 
business leader Pedro Carmona proclaimed himself as interim president. 
On April 14, troops loyal to Chavez returned him to power.
    On December 2, the political opposition called a national work 
stoppage to protest the Government and for the resignation of President 
Chavez. On December 4, the petroleum sector joined the stoppage, which 
continued at year's end.
    The security apparatus includes civilian and military elements, 
both accountable to elected authorities. Active and retired military 
officers held high-ranking government positions. Two of the 14 members 
of the President's Cabinet were retired career military officers. The 
presidents of two major state-owned corporations--Corporacion 
Venezolana de Guayana and CITGO--were active duty military officers. 
The military was involved heavily with public service projects. The 
Defense Ministry controls the General Directorate for Military 
Intelligence (DIM), which is responsible for collecting intelligence 
related to national security and sovereignty. The National Guard, an 
active branch of the military, has arrest powers and is largely 
responsible for maintaining public order, guarding the exterior of key 
government installations and prisons, conducting counternarcotics 
operations, monitoring borders, and providing law enforcement in remote 
areas. The Interior and Justice Ministry controls the Investigative and 
Criminal Police Corps (CICPC), which conducts most criminal 
investigations, and the Directorate for Intelligence and Prevention 
Services (DISIP), which is primarily responsible for investigating 
cases of corruption, subversion, and arms trafficking. Municipal mayors 
and state governors are responsible for local and state police forces, 
and maintain independence from the central government. Often, mayors 
and governors look to the National Guard for the top leadership for 
state and municipal police forces. The Caracas Metropolitan Police is 
the main civilian police force in the five municipalities that form the 
Federal District and was headed by a career police officer, rather than 
a military officer. The Government intervened in the administration of 
the Metropolitan Police in November, alleging that the police force was 
repressing pro-government protests. The issue was not resolved at year-
end. While civilian authorities generally maintained effective control 
over security forces, members of the security forces committed numerous 
and serious human rights abuses during the year.
    The country has abundant natural resources and a market-based 
economy; however, the vast majority of natural resource extraction and 
production was done by entities owned and operated wholly or in part by 
the Government. The country's population was approximately 24.9 
million. Oil accounted for 26 percent of gross domestic product (GDP), 
48 percent of government revenues, and 80 percent of the country's 
exports in 2001. Following economic growth of 2.8 percent in 2001, the 
country experienced a severe economic crisis. Severe political unrest 
disrupted productivity and discouraged investment. The Government faced 
a strong recession with negative growth of 7.1 percent in the first 
half of the year, a significant budget deficit (approximately 7 percent 
of GDP), a sharply depreciated currency (nearly 100 percent), and an 
inability to obtain financing in international markets. A national work 
stoppage interrupted oil production, closed ports to imports and 
exports, and disrupted domestic production throughout December. 
Official figures place overall negative growth for the year at 7 
percent; unofficial estimates range up to 9 percent. Wages did not keep 
pace with inflation, which exceeded 40 percent during the year. In 
addition, income was distributed unevenly, with approximately 60 
percent of the population living at or below the 2001 poverty line of 
$500 monthly per household.
    The Government's human rights record remained poor; although there 
were some improvements in a few areas, serious problems remained. The 
police and military committed extrajudicial killings of criminal 
suspects. The police allegedly had links to vigilante death squads 
responsible for dozens of killings in seven states. Investigations into 
the forced disappearances by the security forces of criminal suspects 
remained extremely slow. Torture and abuse of detainees persisted, and 
the Government failed to punish police and security officers guilty of 
abuses. Prison conditions remained harsh; violence and overcrowding was 
so severe as to constitute inhuman and degrading treatment. Arbitrary 
arrests and detentions increased. Impunity was one of the country's 
most serious human rights problems. Police rarely arrested suspects, 
and when they did, the suspects often were soon set free. Crimes 
involving human rights abuses did not proceed to trial due to judicial 
and administrative delays. Lengthy pretrial detention and corruption 
and severe inefficiency in the judicial and law enforcement systems 
also were problems.
    The Government conducted illegal wiretapping of private citizens. 
Government intimidation was serious problem. The President, officials 
in his administration, and members of his political party frequently 
spoke out against the media, the political opposition, labor unions, 
the courts, the Church, and human rights groups. Many persons 
interpreted these remarks as tacit approval of violence, and they 
threatened, intimidated, or even physically harmed several individuals 
from groups opposed to Chavez during the year. The Government abused 
its power to require television and radio stations to air numerous 
speeches by President Chavez, other government officials, and other 
programming favorable to the Government, and by cutting the 
transmission of television stations that refused to air progovernment 
material on April 9-11. Violence and discrimination against women, 
abuse of children, discrimination against people with disabilities, and 
inadequate protection of the rights of indigenous people remained 
problems. Although concern over labor rights remained, the atmosphere 
for independent labor unions remained good. Child labor increased as 
economic conditions worsened. Trafficking in persons was a problem, 
although the Government took steps to reduce corruption among 
immigration authorities. Venezuela 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, members of the political 
opposition received death threats and were the victims of intimidation 
by government supporters. The security forces continued to commit 
extrajudicial killings, primarily of criminal suspects, although at a 
lower level than 2001. The Venezuelan Program of Action and Education 
in Human Rights (PROVEA), a respected human rights nongovernmental 
organization (NGO), documented 137 extrajudicial killings from October 
2001 through September, compared with 212 killings from October 2000 to 
June 2001. These figures reflected a range of killings in different 
situations committed by organizations with varying levels of control 
and responsibilities and included summary executions of criminal 
suspects and deaths resulting from mistreatment while in custody. 
Police continued to fire on criminal suspects who disobeyed orders to 
halt.
    The Government rarely prosecuted perpetrators of extrajudicial 
killings. The police often failed to investigate crimes allegedly 
committed by their colleagues and characterized incidents of 
extrajudicial killings as ``confrontations,'' even when eyewitness 
testimony and evidence strongly indicated otherwise. In addition, the 
civilian judicial system struggled to implement the 1999 Organic 
Criminal Procedures Code (COPP) and remained highly inefficient and 
sometimes corrupt (see Section 1.e.). In the small number of cases in 
which the courts convicted perpetrators of extrajudicial killings and 
other abuses, sentences frequently were light, or the convictions were 
overturned on appeal. Unlike common criminals, members of the security 
forces charged with or convicted of crimes rarely spent much time in 
prison.
    Federal and state police continued to investigate vigilante ``death 
squads'' with apparent police ties that may be responsible for up to 48 
killings in several states, including Portuguesa, Yaracuy, Anzoategui, 
Bolivar, Miranda, Aragua, and Falcon. In almost all cases, the victims 
were young, poor, and had criminal records. According to NGO reports, 
oftentimes the killers first demanded money from the victims, and when 
they were not able to pay, they were killed.
    In October 2001, Human Rights Ombudsman German Mundarain called for 
``urgent intervention'' by the federal government into the operations 
of state level police in seven states, in response to what he termed 
increasing numbers of extrajudicial killings that may have police 
connections. Neither the Attorney General's office nor the Ministry of 
the Interior acted. In conjunction with human rights NGO Red de Apoyo, 
the Human Rights Ombudsman's office conducted training sessions for the 
police in Portuguesa. According to the Public Ministry, there were 38 
extrajudicial killings or forced disappearances in 18 of the country's 
23 states during the year.
    The majority of extrajudicial killings by security forces were 
attributed to state and municipal police forces that report to local 
officials and often had little training or supervision. The killings 
often involved a person mistaken for a criminal or alleged to have 
committed a crime. In other cases, human rights organizations reported 
that police officers acted at the behest of criminals who paid the 
officers to kill their enemies for them. There historically had been no 
investigation into these cases, but the CICPC investigated some cases 
during the year.
    On April 15, municipal police officers from the town of Caroni shot 
33-year-old Luis Beltran Yendis, according to human rights NGO Humana 
Dignitas. Beltran told the officers he had never had trouble with the 
police before. The police took Mr. Beltran outside where he was 
overpowered and then shot in the legs. Neighbors and family members 
witnessed the officers taking custody of Beltran, who was otherwise in 
good condition. At the police station, family members were told he had 
died of two gunshot wounds to the chest and could be found at the city 
morgue. There was no investigation reported.
    Humana Dignitas also reported that on June 8, officers from the 
Special Operations Tactical Brigade (BTOE) of Ciudad Guayana shot 35-
year-old labor activist Milton Jose Zuleta after he exited his home 
with his arms raised. At an officer's order, he turned around and then 
was shot and beaten by one of the officers. Mr. Zuleta's wife called 
for help; she was restrained by another police officer. When she tried 
to go outside to see her husband, she was hit in the head with the butt 
of the officer's gun. Zuleta was shot again and taken into custody. He 
later died. Medical reports indicated that he died from 10 bullet 
wounds. Humana Dignitas received information leading them to believe 
Zuleta was targeted for murder because of his activity in his labor 
union.
    Humana Dignitas reported that on April 19, in San Felix, Bolivar 
state, municipal police forces killed 15-year-old Jose Gregorio Lopez 
without provocation while he was riding his bicycle. Witnesses reported 
seeing an officer plant a gun beneath a tree. The case was awaiting 
trial at year's end.
    In August the press reported that officers from the CICPC began an 
investigation into the deaths of two persons who died in police 
custody. CICPC officers took Henry Alberto Marimon Villafane and Jose 
Antonio Gordon into custody in El Tigre, Anzoategui state. Police later 
discovered their charred bodies in a burned out car that belonged to 
one of the victims. There was no action taken in this case.
    In September the press reported that officers from the Libertador 
municipality police force killed 22-year-old Adolfo Arcia and 19-year-
old Elvis Montesinos. The officers had stopped the two men and their 
friends as they were returning home in a taxi. The men were told to get 
out of the taxi and were forced onto the ground. The police received 
gunfire from a nearby hill, at which point the men got up and ran. 
Montesinos and Arcia were hit in the back during the gunfire but were 
able to reach a nearby hospital. Before they could be attended, police 
officers detained them and told their friends they were taking them to 
a second hospital. Later that evening, the family located the pair, 
dead, at a third hospital. A CICPC investigation was pending at year's 
end.
    Security forces also killed some prisoners; however, the majority 
of the inmate deaths during the year resulted from gang confrontations, 
riots, fires, and generally unsanitary and unsafe conditions in prison 
facilities (see Section 1.c.).
    There were no developments in the case of army Lieutenant 
Alessandro Siccat, who sprayed and ignited paint thinner in the holding 
cell of three allegedly disobedient soldiers in January 2001. Two men 
were seriously burned; a third, Jesus Alberto Febres, died as a result 
of burns. A military court convicted Siccat; however, the Attorney 
General appealed, and in October 2001, the Supreme Court granted a 
civilian court jurisdiction (see Section 1.e.).
    There were no new developments in the investigation into the June 
2000 killings by the Caracas Metropolitan Police of Ronny Tovar, 
Francisco Mister, and Luis Hernandez.
    There were mob lynchings of known criminals who preyed on residents 
of poor neighborhoods.

    b. Disappearance.--The Constitution prohibits forced disappearance, 
and there were no reports of politically motivated disappearances 
during the year. The Constitution also states that an individual must 
refuse to obey an order to commit such a crime and provides for the 
prosecution of the intellectual author of the crime.
    Government agents were suspected in the forced disappearances of at 
least four alleged criminal suspects and other individuals in Vargas 
state during a crackdown on looters following flooding in 1999. In 
September 2001, the Attorney General announced that formal charges had 
been filed against two DISIP agents in a Vargas court; however, there 
was no progress in the case.
    In September an appeals court dismissed the case against DISIP 
Commissioner Jose Yanez Casimiro and retired Commissioner General 
Justiniano Martinez Carreno in the 1999 disappearances of Oscar Blanco 
Romero and Marco Monasterio. On February 22, the Vargas state penal 
court dismissed the charges against the two men because the witnesses 
could not identify them. COFAVIC, working on behalf of the victims' 
families, appealed the decision. The families of the victims, as well 
as the lawyers for COFAVIC, claimed the hearing was unfair because they 
were not given ample opportunity to speak before the court.
    There were reports that Colombian guerrillas kidnaped persons for 
ransom. According to the National Federation of Cattlemen, 60 persons 
had been kidnaped as of June, compared with 94 in all of 2001. As of 
June, Colombian guerrillas still held 20 of the 94 landowners kidnaped 
in 2001.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture and the holding of 
detainees incommunicado, provides for the prosecution of officials who 
instigate or tolerate torture, and grants victims the right to medical 
rehabilitation. Detainees have the right to a judicial determination of 
the legality of their detention within 3 days. However, security forces 
continued to torture and abuse detainees physically and 
psychologically. This abuse most commonly consisted of beatings during 
arrest or interrogation, but there also were incidents in which the 
security forces used near-suffocation and other forms of torture that 
left no telltale signs. Most victims came from the poorest and least 
influential parts of society.
    PROVEA documented 324 cases of torture, beatings, and other abuse 
from October 2001 through September (affecting 1,064 victims), compared 
with 340 cases from October 2000 through September 2001 (affecting 667 
victims).
    Torture, like extrajudicial killings, continued because the 
Government did not ensure independent investigation of complaints. The 
Institute of Forensic Medicine is part of the CICPC, which contributed 
to a climate of impunity, since its doctors were unlikely to be 
impartial in their examinations of cases that involved torture by CICPC 
members. Very few cases of torture resulted in convictions.
    Police officers and National Guard troops at times harassed or 
humiliated victims. For example, in April the National Guard harassed 
missionaries from the Church of Jesus Christ of Latter-day Saints 
(Mormons), by conducting strip searches and intimidating them (see 
Section 2.c.).
    General prison conditions continued to be harsh due to 
underfunding, poorly trained and corrupt prison staff, and violence by 
guards and inmates. Despite the implementation of the COPP, the prison 
population was 117 percent of capacity. Twenty-two of the country's 30 
prisons were overpopulated, some severely, according to the Ministry of 
the Interior and Justice. Overcrowding in some prisons was so severe as 
to constitute inhuman and degrading treatment. According to the 
Ministry of the Interior and Justice, 48 percent of all prisoners were 
in pretrial detention.
    Underfunding compounded the degradation of even model prisons. 
Attempts to relieve overcrowding by transferring prisoners worsened 
conditions in other facilities. The prisons often lacked such basic 
equipment as telephones in the prison director's office. Prisoners 
often complained of food and water shortages.
    The Government failed to provide adequate prison security. 
According to the Ministry of Interior and Justice, there were 244 
deaths and 1,249 injuries from violence in jails from October 2001 
through September. Security forces committed a small number of the 
killings in prisons, and many prisoners died as a consequence of poor 
sanitary conditions, poor diet, and inadequate medical care. However, 
most inmate deaths resulted from prisoner-on-prisoner violence, riots, 
fires, and from generally unsafe conditions in prison facilities.
    Prisoners reported that the prison officials allowed the prisoners 
to fight among themselves. For example, in the prison in Barcelona, 
prisoners claimed that prison officials permitted the more violent 
prisoners to kill each other to get rid of difficult prisoners, and did 
nothing to help those who were seriously injured, leaving them to die. 
Prisoners reported cases in which other prisoners disappeared after 
being injured in fights.
    Prison employees reported that grenades and guns were present in 
some prisons. In May prison guards discovered grenades at San Antonio 
prison in Margarita. Guards reported similar access to weapons since 
February in Barcelona prison, in Anzoategui state. The National 
Director of Prisons launched an investigation into the National Guard 
because several of the weapons in the prisoners' possession had been 
decommissioned from the National Guard.
    Inmates often had to pay guards and other inmates to obtain 
necessities such as space in a cell, a bed, and food. Because of the 
prison food's low quality and insufficient quantity, most prisoners get 
their food from their families, by paying prison guards, or in barter 
with other prisoners. Many inmates also profited from exploiting and 
abusing others, especially as convicted murderers and rapists often 
were housed with unsentenced or first-time petty offenders. Gang-
related violence and extortion was fueled by the substantial 
trafficking in arms and drugs that occurred in prisons.
    Prison officials often illegally demanded payment from prisoners 
for transportation to judicial proceedings (see Section 1.e.).
    Women inmates were held in separate prisons, where conditions 
generally were better than those in the men's facilities. Security 
forces and law enforcement authorities often imprisoned minors together 
with adults, even though separate facilities existed for juveniles. 
Because reform institutions were filled to capacity, hundreds of 
children accused of infractions were confined in juvenile detention 
centers where they were crowded into small, filthy cells, fed only once 
a day, and forced to sleep on bare concrete floors.
    Despite resistance from the Catholic Church and NGOs, the 
Government sporadically used the National Guard, normally charged with 
exterior prison security, to maintain internal control of prisons.
    The Government permitted prison visits by independent human rights 
observers; however, guards were often unaware of international law, and 
sometimes refused entry to consular representatives unless they 
submitted to strip searches.

    d. Arbitrary Arrest, Detention, or Exile.--The Constitution and the 
1999 COPP provide for freedom from arbitrary arrest and detention; 
however, the security forces continued to arrest and detain citizens 
arbitrarily.
    There continued to be arbitrary detentions by the Caracas 
Metropolitan Police, the DISIP, municipal police forces, the National 
Guard, and the CICPC, especially during anticrime sweeps in 
impoverished sections of major cities. PROVEA documented 4,549 persons 
detained in sweeps from October 2001 through September, compared with 
4,243 persons detained in sweeps from October 2000 through September 
2001.
    Human rights activists in border areas alleged that security forces 
continued to detain individuals and groups arbitrarily, citing the need 
to examine identity documents. Hundreds of Colombian nationals were 
detained and deported without due process (see Section 2.d.).
    The COPP stated that a person accused of a crime cannot be 
incarcerated during criminal proceedings unless that person was caught 
in the act of committing a crime, or a judge determines that there was 
a danger that the accused may flee or impede the investigation. The law 
provides for the right to a judicial determination of the legality of 
the detention within 72 hours. Persons accused of crimes must be 
brought before a judge within 24 hours of arrest or be freed pending 
charges. In no case may the detention of a person accused of a crime 
exceed the possible minimum sentence for the crime committed, nor may 
it exceed 2 years. However, confusion over the COPP still exists, and 
arbitrary arrests continued to be common. Police on the streets were 
not well trained, and often abused their power for either personal or 
political reasons. In 2001 the National Assembly broadened the 
definition of the ``in flagranti'' circumstances in which a person may 
be apprehended and lengthened slightly the time provided to police to 
present charges prior to the release of an arrested individual (see 
Section 1.e.). Human rights groups claimed this change led to an 
increase in detentions.
    Under the COPP, persons accused of petty crimes who had not been 
convicted but already had been in custody 2 years or the minimum 
sentence possible for that crime (whichever is less) are to be released 
if they passed a psychiatric examination. Under the provisions and 
benefits provided by the law, approximately 9,000 prisoners were 
released in 2000, the last year for which statistics were available. 
There were approximately 19,368 prisoners as of August, 48.27 percent 
of whom had not been convicted of a crime.
    In April, during the short-lived government of Pedro Carmona, 
military officers held President Chavez for 36 hours against his will. 
Additionally, security forces conducted raids without warrants and took 
some Chavez supporters into custody illegally, including National 
Assembly deputy Tarek Willian Saab, a member of the Chavez-aligned MVR. 
According to COFAVIC, a large crowd had gathered around Saab's home, 
threatening him and his family. When the local police arrived to 
protect Saab, DISIP forces also arrived and took Saab into custody. He 
was held incommunicado for several hours.
    Forced exile is illegal; however, during the short-lived Carmona 
government in April, military officials attempted to force the exile of 
President Chavez.

    e. Denial of Fair Public Trial.--The civilian judiciary is legally 
independent; however, it was highly inefficient and sometimes corrupt, 
and judges were subject to influence from a number of sources, 
including the executive branch.
    The judicial sector consists of the Supreme Court, which is the 
court of final appeal; the Public Prosecutor, who provides opinions to 
the courts on prosecution of criminal cases and brings to the attention 
of the proper authorities cases of public employee misconduct and 
violations of the constitutional rights of prisoners or accused 
persons; the Ministry of Interior and Justice, which manages the 
national police force (CICPC), files complaints in criminal courts, and 
oversees the prisons; and the Executive Directorate of the Magistrature 
(DEM), which oversees the lower courts as well as the selection and 
training of judges. The lower court system includes district and 
municipal courts as well as trial and appeal courts that deal with 
civil and criminal matters.
    The 1999 COPP provides for the right to a fair trial and considers 
the accused innocent until proven guilty in a court. However, under the 
previous secretive inquisitorial code, the presumption of innocence 
generally was not respected nor accepted. The system was corrupt, 
paper-intensive, costly, and time-consuming. Judges were underpaid, 
poorly disciplined, and susceptible to political influence. The COPP 
introduced for the first time open, public trials with oral proceedings 
and verdicts by juries or panels of judges. The adversarial system also 
establishes the right to plead guilty and make reparation agreements; 
however, lengthy delays in trials remained common.
    The Government continued to implement the COPP, which altered the 
fundamental concept of how justice is carried out, the legal procedures 
involved, and the respective roles of the police, judges, and lawyers. 
The police no longer detained persons arbitrarily for up to 8 days (see 
Section 1.d.) and worked under the supervision of a prosecutor; judges 
ceased to be investigators and arbiters of law; and prosecutors and 
defense attorneys assumed both roles respectively.
    A November 2001 amendment to the 1999 COPP strengthens out-of-court 
settlements and increases victims' rights to compensation; provides 
physical protection to crime victims during trials; bolsters the work 
of juries for some crimes and eliminates them for others; eliminates 
some sentence reduction benefits for jailed criminals; and expands 
powers of detention (see Section 1.d.).
    The law provides for public defenders for those unable to afford an 
attorney; however, there were not enough public defenders. According to 
statistics from the DEM, there were 531 public defense attorneys for 
the entire country, of which 164 were dedicated exclusively to juvenile 
cases and 367 for all other cases. Public defenders handled more than 
63,000 cases throughout the country, with an average caseload of 150 
cases per public defender. In some states, the average annual caseload 
was as high as 520 per public defender.
    Prison officials often illegally demanded payment from prisoners 
for transportation to judicial proceedings. Those who were unable to 
pay often were forced to forgo their hearings (see Section 1.c.).
    During the year, the DEM suspended and removed judges based on 
charges of incompetence or corruption. Judges were suspended with pay; 
however, some observers challenged that the judges' right to appeal was 
restricted. The Government held competitive examinations to fill 
judicial vacancies, beginning in Miranda and Vargas states in January 
2001. Judges with pending cases against them were not eligible to take 
the examinations, and judges who have been reprimanded had points 
deducted from their scores. However, the slow pace at which suspended 
or fired judges were replaced meant that, as of November, fewer than 25 
percent of the judges in the country were permanent.
    The military courts continued to implement a reform similar to the 
COPP in the military justice system. The Constitution established that 
trials for military personnel charged with human rights abuses would be 
held in civilian rather than military courts. However, the provision 
does not apply to cases that predate the 1999 Constitution, and there 
was no implementing law for the provision. There was no progress in the 
January 2001 case of army Lieutenant Alessandro Siccat (see Section 
1.a.). In October 2001, the Supreme Court ruled that civilian courts 
should hear the case. The Court declared the court-martial and sentence 
null and void, and sent the case to a state civilian court in Maracay. 
Siccat remained detained at year's end and awaiting trial in Aragua 
state at year's end. His court appearance has been suspended twice.
    Human rights NGOs continued to express concern that the Supreme 
Court's selection of military judges from a list of candidates provided 
by the Minister of Defense links the careers of military judges to the 
high command, making them more responsive to the views of their 
military leaders and influencing them to act slowly in cases in which 
the military is implicated. However, human rights groups noted the 
Ministry of Defense's decision in 2001 to publish its judge candidate 
lists and called this a step toward greater transparency in this 
process.
    There were no reports of political prisoners.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--Constitutional provisions prohibit arbitrary 
interference with privacy, family, home, and correspondence; however, 
the security forces continued to infringe on citizens' privacy rights 
by conducting searches of homes without warrants, especially during 
anticrime sweeps in impoverished neighborhoods. Reports of illegal 
wiretapping and invasion of privacy by the security forces increased 
during the year. On various occasions, progovernment legislators made 
public surreptitiously taped conversations, such as one between labor 
leader Carlos Ortega and former President Carlos Andres Perez. The 
conversation was political in nature, not criminal. The Minister of 
Justice and Interior denied authorizing the taping.
    In June a group of MVR deputies made public a recording of two 
telephone conversations between journalist Patricia Poleo and one of 
her contacts. Poleo filed a complaint with the Attorney General's 
office and with the Organization of American States (OAS). The 
journalist also complained she was the victim of government 
surveillance. In August Chacao municipality police disrupted DISIP 
surveillance of Chacao Mayor Leopoldo Lopez, a Chavez critic.

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, press freedom deteriorated 
significantly during the year. Violence and threats of violence against 
the media increased markedly during the year, as did government 
intimidation. As a result, self-censorship by the media was thought to 
be widespread.
    Individuals and the media freely and publicly criticized the 
Government; however, as noted by the Inter-American Human Rights 
Commission's (IAHRC) Special Reporter on Press Freedom, reprisals and 
threats of violence against journalists and media organizations 
restricted freedom of expression in practice. In addition, some 
individuals reported that the Government recorded and aired publicly 
private telephone conversations, restricting freedom of speech (see 
Section 1.f.).
    Print and electronic media were independent. The Government had a 
national television station, a national radio network, and a newswire 
service whose directors were named by the President. The President had 
a weekly call-in show on television and radio. Since April these shows 
aired only on state media; commercial television and radio were not 
obligated simultaneously to broadcast the program, as was true before 
April. Independent media observers criticized the state media for 
extreme progovernment politicization. State media employees complained 
about purges of employees considered to be anti-Chavez, and some 
employees of state-owned Radio Nacional and Venezolana de Television 
claimed they have lost their jobs because of their political views. 
Community media, including radio and TV stations, also existed. These 
are distinct from mainstream commercial media in legal status, 
frequency licensing requirements, and advertising regulations. Most 
community media were new and were progovernment in editorial policy.
    Media analysts, journalists, and other observers alleged that the 
criminal defamation and libel laws were used to intimidate or harass 
the media. Because of the lengthy process and considerable legal costs, 
some observers regarded these lawsuits, or threats of lawsuits, as 
examples of attempts to intimidate journalists and discourage 
investigative journalism. The editor of ``La Razon'' newspaper remained 
overseas because of one such long-running lawsuit.
    The Constitution states that all persons have the right to 
``timely, true, and impartial'' information, without censorship. This 
``true information'' article raised concerns in the domestic and 
international media that it could be used by the Government to censor 
or intimidate the press. The Constitution also provides for the ``right 
to reply'' for individuals who believe they are portrayed inaccurately 
in media reports. Media figures criticized the Supreme Court's 2001 
ruling that established criteria for determining and exercising the 
right to timely, true, and impartial information. President Chavez has 
demanded a right to reply on several occasions. However, some 
individuals named by the President in his weekly national radio show 
complained that they have not been granted the right to reply.
    The Constitution declared that it is ``contrary to the freedom of 
information'' for a medium to ``emit negative or critical concepts 
about ideas, thoughts, judgments, rulings, etc.,'' without indicating 
what is being criticized. The ruling set criteria to establish whether 
a media report is ``true'' or not, according to the Constitution. 
Violations include expressing opinions that contain statements that are 
``out of context, disconnected, or unnecessary for the topic, or 
offensive, insidious, or degrading expressions unconnected to the 
topic, or unnecessary for the forming of public opinion.'' The ruling 
affirms that information can be censored prior to publication if it 
violates Article 57 of the Constitution, which prohibits anonymous 
authorship, war propaganda, and messages that promote discrimination or 
religious intolerance. The Court also ruled that it is ``restrictive of 
true and impartial information'' if a majority of a medium's writers of 
editorial articles express the same ideological tendency, unless that 
medium openly declares itself to be a party to those views. The 
domestic media and international organizations such as the Inter-
American Press Association (IAPA) and the Committee for the Protection 
of Journalists criticized the Court's ruling.
    A 1994 law requires practicing journalists to have journalism 
degrees and be members of the National College of Journalists. These 
requirements are waived for foreigners and for opinion columnists, on 
the grounds of tolerance of free speech.
    In October 2001, the President accused television station 
Globovision of engaging in a ``campaign of lies'' against the 
Government. President Chavez warned Globovision's director Alberto 
Federico Ravell and its owner Nelson Mezerhane that if they did not 
reconsider their broadcasts, he would ``be forced to activate 
mechanisms in defense of the national interest, truth, and public 
order'' and that their actions might have ``legal consequences.'' 
President Chavez noted that the ``airwaves belong to the State,'' 
announced that he had ordered the National Telecommunications 
Commission (Conatel) to investigate the station, and warned that the 
station's broadcast licenses might be reviewed. In October 2001, 
Conatel announced that it was opening administrative proceedings 
against Globovision to determine if the station had violated broadcast 
content regulations. The situation continued at year's end.
    International organizations and domestic journalists charged the 
Government with encouraging a climate of hostility toward the media 
that jeopardizes freedom of the press. In September the IAPA expressed 
its concern for ``the serious deterioration of press freedom in 
Venezuela due to a climate of intimidation and physical attacks against 
journalists and media outlets, as well as a legal and judicial system, 
that threatens the free practice of journalism.'' In its annual report 
released to the General Assembly in October, IAPA stated that ``freedom 
of expression is exposed to a series of risks that are not limited to 
simple threats or to abuses that compromise its existence, but include 
serious measures and revenge for exercising that freedom.''
    The law allows the Government to call national broadcasts (cadenas) 
requiring all broadcast media to pre-empt scheduled programming and 
transmit the broadcasts in their entirety. Domestic and international 
observers criticized the Government for excessive abuse of this right. 
For example, April 8 and 9, the Government aired more than 30 cadenas 
to block commercial broadcast media reporting on massive opposition 
demonstrations.
    The Government influenced the press through licensing requirements 
for journalists, broadcast licensing concessions for television and 
radio stations, and lucrative public sector advertising.
    Some commercial radio stations complained that the allocation of 
broadcasting frequencies to community radios was not in accordance with 
existing broadcast regulations. On April 12 and 13, several community 
media charged that state security agents of the short-lived Carmona 
government entered their installations and harassed their employees.
    The Government denied equal access to official events. In August 
the Government and government supporters restricted private media's 
access to cover government-sponsored events. Between August and 
December, guards at the presidential palace occasionally turned away 
reporters from private stations, and in December restricted their 
access altogether. State controlled television and radio stations 
continued to have full access.
    The Telecommunications Law of 2000 establishes that the President, 
``when he judges it convenient to the interests of the nation, or when 
required for reasons of public order or security, can suspend 
telecommunications broadcasts, in conformity with the Constitution.'' 
Some observers believed that this article might allow the suspension of 
media broadcasts for vague and arbitrary reasons. The President 
referred to this law many times and threatened to revoke commercial 
broadcast licenses. Many media professionals complained that 
investigations of television and radio stations by state broadcast 
regulation agency Conatel were politically motivated.
    On April 11, the Government shut the television signals of 
Venevision, Televen, RCTV, Globovision, and CMT for several hours. In 
addition, armed troops from the DIM also surrounded the CMT building 
for several hours trapping station employees inside.
    There were numerous allegations of government pressure against the 
media. President Chavez repeatedly singled out media owners and editors 
by name and charged that the media provoked political unrest. The 
statements resulted in a precarious situation for journalists, who were 
frequently attacked and harassed.
    President Chavez also publicly accused media owners and 
institutions of tax evasion. Media figures charged that the Government 
used ongoing tax cases and tax investigations to pressure media owners 
and cited as an example, on May 3, the announcements of Conatel 
investigations of commercial televisions.
    On January 17, the National Assembly passed a resolution calling on 
media owners to discuss and adopt a Code of Ethics. The media rejected 
the resolution as inappropriate state interference.
    On March 13, state news agency Venpres characterized several media 
figures as narco-journalists. The Committee to Protect Journalists 
criticized the article as an obvious government effort to defame.
    There were credible reports of state security agents spying on, 
harassing, intimidating, and physically attacking journalists. Some 
security agents masqueraded as journalists and photographed or filmed 
antigovernment speeches and gatherings. There were numerous cases of 
wiretaps of journalists, media owners, and media's telephones, 
apparently without legal authorization (see Section 1.f.).
    In January 600 journalists severely criticized the systematic 
verbal aggression, principally from the President, and charged that the 
President's rhetoric stigmatized them and led to physical and verbal 
aggressions by supporters of the regime. The press workers and 
photographers syndicate also criticized the derogatory, unfair, and 
inconsiderate rhetoric. The IACHR ordered protective measures for 
numerous individual journalists and for many television stations and 
newspapers. The country remained on International Press Institute's 
``watch list'' of countries where there was a growing tendency toward 
suppression or restriction of press freedom.
    Violence and threats of violence against the media increased 
markedly during the year. On April 11, newspaper photographer Jorge 
Tortoza was killed and several others were injured during 
demonstrations. In August progovernment protesters shot a television 
cameraman while he was covering the event. During the year, according 
to media sources and published reports, at least 7 reporters were shot 
and more than 80 were physically attacked, including with weapons such 
as clubs, knives, rocks, and battery acid while covering street 
demonstrations and political rallies. Five were victims of crime under 
suspicious circumstances; nearly 100 reported having received threats, 
in some instances telephoned death threats. At least 28 individuals and 
media organizations requested and received protective measures from the 
IAHRC. There were many incidents of vandalism, theft, and destruction 
of media vehicles, cameras, and other equipment, including several 
incidents caught on videotape. At least 13 media vehicles were 
vandalized and 4 television cameras and 2 microwave transmitters were 
destroyed.
    Violent or threatening demonstrations occurred at several media 
offices. In January government supporters, some armed with baseball 
bats and sticks, demonstrated in front of the newspaper El Nacional and 
chanted ``Tell the truth or we will burn you down.'' There were 
recurrent demonstrations in front of the studios of RCTV during the 
year. On December 9, in an action severely criticized by OAS Secretary 
General Cesar Gaviria, government supporters, in some instances 
accompanied by pro-government deputies from the National Assembly, 
simultaneously surrounded and attacked 33 media installations 
throughout the country, causing significant damage.
    There were numerous bomb threats and several explosive devices 
attacks against the media. On January 31, an assailant threw a firebomb 
at the offices of Asi es la Noticia newspaper after its director 
published a video alleging ties between the Government and Colombian 
guerrillas. In July an assailant threw a fragmentation grenade at the 
studios of Globovision television. On September 12, four incendiary 
devices were thrown at the studios of Promar TV. In November an 
incendiary device exploded in Globovision television's parking lot, 
destroying two vehicles and part of the building.
    On April 13, progovernment crowds assembled at private television 
stations and demanded access to the studios. The demonstrators forced 
the stations to air messages by demonstration leaders and to 
rebroadcast state television programming. On April 14, most Caracas 
newspapers did not publish because progovernment crowds forced the 
abandonment of the newspaper buildings.
    Venevision journalists outside Caracas were threatened with 
violence and in several instances were forced into hiding. Several 
journalists, fearing for their safety, fled the country. Pro-Chavez 
demonstrators took over various radio stations to convene supporters 
``to defend the revolution.''
    Although there was no official censorship of cultural activities, 
violent protests also were aimed at political satirists and political 
comedy shows perceived by demonstrators as being critical of President 
Chavez.
    The Government did not restrict access to the Internet.
    While academic freedom traditionally has been respected, the 
autonomy of the country's universities was threatened during the year. 
Public institutions of higher education designated as ``experimental 
universities'' are governed by Superior Councils, to which the 
Government may appoint a majority of members. The Government 
successfully replaced the leadership of other universities, mostly in 
the interior of the country, with political allies.

    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. Public 
meetings, including those of all political parties, generally were held 
unimpeded. The Government required permits for public marches but did 
not deny them for political reasons. The Metropolitan Police reported 
that, although both opposition and progovernment marches took place 
during the year, only opposition-march organizers requested permits.
    The Constitution prohibits the use of firearms to control peaceful 
demonstrations. Supporters and opponents of President Chavez repeatedly 
demonstrated in the streets of the capital and other cities during the 
year. Several demonstrations resulted in injuries or loss of life. Both 
the authorities and the demonstrators used firearms (including military 
weapons), tear gas, and billy clubs against each other.
    There were allegations that the Metropolitan Police used excessive 
force during various demonstrations. Several witnesses reported seeing 
Metropolitan Police officers firing on progovernment demonstrators 
during the April 11 protests and in the subsequent days of mass looting 
throughout Caracas. The President criticized the Metropolitan Police 
for firing on a group of progovernment demonstrators as they protested 
a Supreme Court decision in August.
    Professional and academic associations generally operated without 
interference; however, in 2000, the Supreme Court ruled that NGOs that 
receive funding from foreign governments or whose leaders are not 
Venezuelan are not part of ``civil society'' and therefore may not 
represent Venezuelan citizens in court or bring their own legal 
actions; Religious organizations are not part of civil society and are 
subject to the same restrictions; and the Government has an obligation 
to ensure that NGOs are ``democratic in nature'' and therefore the 
internal elections of nonprofit groups (such as for boards of 
directors) can be regulated by the National Electoral Council. The 
Government has not moved to implement the Court's decision.
    Following months of tension, the Confederation of Venezuelan 
Workers and Fedecamaras, the country's largest business federation, 
called a national strike and opposition groups organized a protest 
march for April 11. As the crowd of approximately 400,000 to 600,000 
marchers approached the presidential palace, National Guard officers 
prevented the marchers from advancing. Unidentified shooters fired on 
the crowd, and at least four men were filmed firing from Puente 
Llaguno, a pedestrian overpass. Metropolitan Police officers escorting 
the marchers also fired their weapons. Both sides claimed the other 
fired first. Although no official count exists, COFAVIC reported that 
at least 19 persons died, at least 17 of whom were anti-Chavez 
demonstrators. Four men identified shooting from Puente Llaguno were 
arrested and were awaiting trial at year's end. During the march, 
President Chavez ordered the implementation of ``Plan Avila,'' a civil 
defense plan intended to mobilize troops to protect the presidential 
palace from attack. Military officers refused to implement this plan, 
claiming it would have violated the human rights of the civilian 
demonstrators.
    After April opposition groups requested permission to demonstrate 
at the presidential palace on several occasions, but were not granted 
permission for security reasons. Government supporters regularly 
congregated there to show their support for the president, although 
they did not hold organized marches, and therefore did not require 
permits. In September President Chavez issued a decree establishing 
eight security zones within Caracas. The decrees gave the central 
government rather than municipal officials the authority to permit 
demonstrations there. The zones included areas around military 
installations, state television and radio stations, and PDVSA 
headquarters. Opposition groups criticized these security zones as a 
restriction on the right of assembly. As of November, the Government 
had not used the decrees to hinder freedom of assembly.
    The Metropolitan Police and National Guard used tear gas to 
restrain crowds in the April 11 demonstrations, and there was evidence 
that National Guard troops shot at demonstrators. The Metropolitan 
Police, in turn, fired on progovernment supporters. In August 
Metropolitan Police used tear gas and a water cannon against pro-Chavez 
protesters at various demonstrations against the Supreme Court. The 
President accused the Metropolitan Police of committing human rights 
violations during these protests. During one demonstration, National 
Guard officers received gunfire from the crowd, including fire from 
semiautomatic weapons, at which point they returned fire. Several 
demonstrators were injured.
    In November members of opposition political parties and civil 
society marched to CNE headquarters to deliver more than 2 million 
signatures to request a consultative referendum. Marchers battled to 
deliver the signatures amidst violent demonstrations by government 
supporters. Although the Government sent emissaries to try to 
discourage the violence, the crowds fired guns and threw rocks and 
bottles at the marchers and Metropolitan Police. The National Guard 
eventually dispersed the crowd.

    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, on the condition that the practice of a religion not violate 
public morality, decency, or the public order, and the Government 
generally respected this right in practice.
    In 1964 the Government and the Holy See signed a concordat that 
underscores the country's historical ties to the Roman Catholic Church 
and provides government subsidies to the Church, including to its 
social programs and schools. During the year, this money was not 
disbursed due to budget shortages. Other religious groups are free to 
establish and run their own schools, but they do not receive subsidies 
from the Government.
    Each local religious group must register with the Directorate of 
Justice and Religion in the Ministry of Interior and Justice to hold 
legal status as a religious organization and to own property. The 
requirements for registration were largely administrative. However, 
some groups complained that the process of registration was slow and 
inefficient. A special visa is required for foreign missionaries to 
enter the country, which is obtained through consulates abroad. 
Missionaries were not refused entry generally, but many complained that 
due to general bureaucratic inefficiency the Government often took 
months or years to process a request.
    Archbishop Balthazar Porras, president of the Venezuelan Episcopal 
Conference, complained to the Vatican in September about what he 
characterized as increased government attacks on the Catholic Church. 
For example, on January 25, Chavez said that the Catholic Church was 
one of Venezuela's problems and that it was a tumor that must be 
eradicated. Members of the Church, including Monsignor Porras, reported 
being threatened, and one priest, Father Juan Manuel Fernandez was 
shot. There has been no investigation into these crimes.
    Some foreign missionaries complained that members of the National 
Guard harassed them. In May the Church of Jesus Christ of Latter-day 
Saints (Mormons) reported that the National Guard harassed two of its 
missionaries in Tachira state. According to church officials, National 
Guard troops stopped missionaries at a checkpoint on two occasions and 
told them to strip. On one occasion, the officer asked one of the 
missionaries to surrender his foreign passport. When the missionary 
resisted, the officer made him strip completely naked and demanded that 
he jump up and down, while other guards laughed at him. The 
missionary's clothes and body were not searched.
    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 and legal residents to travel within the country and to go 
abroad and return, and the Government generally respected these rights 
in practice. However, the Government may suspend the freedom to travel. 
The Government also restricted foreign travel for persons being 
investigated for criminal activities. In addition, the Government 
requires citizens and foreigners resident in the country who are 
departing the country with minors to present to immigration officials 
proof of authorization from the minors' parents.
    There is still a large population of internally displaced persons 
following the 1999 floods during which more than 250,000 persons lost 
their homes. Although many of those affected were relocated to other 
communities in the interior of the country, thousands returned and live 
in shantytowns in and around Caracas.
    The Constitution recognizes and provides for the right to asylum 
and refugee status. Both the Constitution and the Organic Refugee Law 
that came into effect in October 2001 are in accordance with the 1951 
U.N. Convention Relating to the Status of Refugees and its 1967 
Protocol. The law is designed to expand the legal rights of refugees, 
contains a broad definition of the conditions that would entitle 
individuals to refugee status, commits the Government to an active role 
in providing humanitarian assistance to refugees, and creates an 
institutional body to make refugee and asylum status determinations. In 
August President Chavez inaugurated a new office of the U.N. High 
Commissioner for Refugees (UNHCR) in San Cristobal, Tachira state.
    Implementing regulations for the Refugee Law have not been drafted, 
and training for border officials was poor. As a result, there was no 
formal mechanism for those seeking asylum to legalize their refugee 
status. During the year, the UNHCR worked with the Attorney General's 
office to investigate cases on an ad hoc basis to speed the 
Commission's ability to decide a case once it is formed. UNHCR reported 
that files were often lost or misplaced, since the Attorney General's 
Office had no fixed department to centralize the processing of these 
cases. UNHCR also noted that the investigation of refugee claims was 
flawed. For example, for family groups, the review process involved 
only the head of the family, even when the dependents' cases may be 
more compelling from a humanitarian standpoint.
    Persons who applied formally for refugee status were given no 
provisional documentation that legalized their presence in the country. 
Therefore, they had no legal protection, and could not legally work, 
attend public school, or receive public health services. National Guard 
troops rarely investigated the cases of undocumented aliens found at 
security checkpoints along the border before deporting them.
    As of October, there were approximately 200 persons in the country 
who had been granted refugee status from prior years, and approximately 
1,000 additional refugee claims pending.
    In theory, the Government provides first asylum. However, the 
Government denied the existence of all but a small number of Colombians 
who crossed the border and claimed to be fleeing paramilitary 
incursions. It called the Colombians, whose presence it did 
acknowledge, ``displaced persons in transit''--a term that does not 
exist in public international law. According to UNHCR, the number of 
small groups entering the country, including individuals and small 
family groups, increased. In these cases, the persons often chose to 
blend into the local population rather than apply for formal refugee 
status.
    There were no reports of forced return of persons to a country 
where they feared persecution. However, the National Guard in the 
border region in Zulia, Tachira, and Apure states, reported that they 
deported on average 42 Colombian nationals per day. As of September, 
they deported 9,533 persons. Although the law requires the authorities 
to take 30 days to investigate each undocumented persons case, this was 
done only rarely.

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. The Constitution provides for the direct election of the 
President and unicameral National Assembly, as well as of state 
governors, state legislative councils, and local governments. Political 
parties organize, and their candidates are allowed freely to run for 
office and to seek the support of voters. The President has extensive 
powers and the legislature appoints the members of the Supreme Court, 
the CNE, and the Citizen Power consisting of the Ombudsman, Public 
Prosecutor, and Controller General.
    In 1999 the National Constituent Assembly (ANC) drafted and 
submitted to a popular referendum a new Constitution, which went into 
effect in December 1999. The ANC also decreed new general elections. In 
July 2000, in voting that observers from the OAS and various countries 
judged to be generally free and fair, voters elected President Chavez, 
with 59 percent of the vote. Chavez's supporters won a majority (92 
seats) in the 165-seat National Assembly. His supporters also won half 
the governorships.
    In December 2000, the National Assembly appointed members of the 
Supreme Court and the Citizen Power in a process that was criticized by 
the political opposition, the media, and NGOs as unconstitutional. 
These groups argued that the procedures set forth in the 1999 
Constitution regarding civil society participation in the selection 
process were not followed. The outgoing Ombudsman and others challenged 
the selection procedure but lost the appeal.
    Displeased with President Hugo Chavez, several opposition groups 
and political parties sought to remove him from power throughout the 
year. In April military officers illegally detained Chavez, and 
opposition business leader Pedro Carmona, without any constitutional 
authority, declared himself President. Their principal legal avenues 
were to try to convict the President of a crime, to hold a non-binding 
referendum to remove him from the presidency, and to pass a 
constitutional amendment to shorten his term of office.
    In April the country experienced a temporary alteration of 
constitutional order. Political opposition leaders, business 
associations, and labor leaders organized various public demonstrations 
and work stoppages opposing President Hugo Chavez beginning in late 
December 2001. On April 11, an estimated 400,000 to 600,000 people 
participated in a march in downtown Caracas to demand President 
Chavez's resignation. When the march approached central Caracas, the 
Government cut the transmission of private television stations that 
refused to broadcast a series of presidential speeches. As marchers 
changed course and approached the Presidential Palace, gunfire broke 
out, resulting in as many as 18 deaths and more than 100 injuries, with 
dead and injured on both sides. Military officers announced they would 
not follow presidential orders to attack the marchers and took 
President Chavez into custody. Opposition business leader Pedro Carmona 
proclaimed himself as interim president when General Lucas Rincon 
Romero, Inspector General of the Armed Forces, announced Chavez had 
resigned the presidency. Carmona dissolved the National Assembly, the 
Supreme Court, and suspended the Constitution. DISIP officers arrested 
officials of the Chavez government. Between April 12 and 14, Chavez 
supporters turned out and looting broke out in some areas of Caracas, 
resulting in more deaths and injuries. On April 14, troops loyal to 
Chavez returned him to power. An investigation into the April 11 
shootings, plagued by irregularities, has failed to result in any 
convictions.
    Women and minorities participated fully in government and politics. 
The National Assembly's Family, Women, and Youth Committee promotes 
political opportunities for women. In the July 2000 elections, women 
won 20 seats in the 165-seat Assembly. There were 4 women in the 18-
member Cabinet.
    Indigenous people traditionally have not been integrated fully into 
the political system due to low voter turnout, geographic isolation, 
and limited economic and educational opportunities. The 1999 
Constitution reserved three seats in the National Assembly for 
indigenous people, and these seats were filled in the July 2000 
election. There were no indigenous members in the Cabinet. One of the 
Vice Presidents of the National Assembly was an indigenous person.

Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of independent domestic and international human 
rights groups generally operated without government restriction, 
investigating and publishing their findings on human rights cases. 
Government officials were occasionally responsive to their views. 
However, NGOs objected to a November 2000 Supreme Court ruling that 
NGOs that receive funding from foreign governments or whose leaders are 
not Venezuelan were not part of civil society. The ruling concluded 
that such NGOs may not represent citizens in court or bring their own 
legal actions, and that NGOs are subject to government regulation of 
their internal leadership selection should they be found to be 
``undemocratic in nature'' (see Section 2.b.). This ruling has not 
impeded the work of NGOs.
    Several human rights NGOs received an increased number of threats 
and intimidation by government representatives and government 
supporters.
    A Caracas NGO that works on behalf of victims of violence, COFAVIC, 
received e-mail and telephone threats beginning in January from 
Bolivarian Circles and persons who identified themselves as Chavez 
supporters. The Attorney General's office and Human Rights Ombudsman's 
office did not pursue requests by COFAVIC for investigations of this 
harassment. In May COFAVIC filed a complaint with the IACHR. The IACHR 
recommended that the Government provide police protection to COFAVIC's 
offices and director. It also called for the Government to investigate 
COFAVIC's claims and speak out against the intimidation of human rights 
organizations. The Government did not respond to this request. The 
Metropolitan Police provided bodyguards for the COFAVIC director and 
protection in and around COFAVIC's office.
    The Ombudsman is responsible for compelling the Government to 
adhere to the Constitution and laws and, together with the Public 
Prosecutor and Controller General, makes up the Citizen Power branch of 
government. In 2000 the National Assembly named attorney German 
Mundarain as the new Ombudsman (see Section 3). Since his appointment, 
Mundarain has used his position to urge broad consensus on human rights 
issues. However, human rights NGOs claimed that the Ombudsman's office 
had acted on only a small number of cases presented to it. Many critics 
claimed that the Ombudsman was not truly impartial.
    Human rights groups remained concerned about the Chavez 
administration's lack of a human rights agenda and lack of support for 
the national human rights agenda formulated by the previous government. 
There have been no meetings between President Chavez and NGOs to 
discuss human rights issues since 1999. However, NGOs have developed 
relationships with specific government bodies such as the Ministry of 
Education (to develop educational materials on human rights), the 
Foreign Ministry (to discuss the resolution of existing human rights 
cases against the Government in international courts), and the National 
Assembly (to discuss proposed legislation affecting human rights). The 
Government also continued to fail to support the National Human Rights 
Commission created in 1996 to coordinate government human rights 
programs and to serve as a forum for dialog with NGOs.
    The Defense Ministry's human rights office continued to conduct 
courses as part of the armed forces' training curriculum. Human rights 
NGOs complained that the Ministry still rejected the validity of their 
reports of alleged human rights violations by the armed forces and 
remained unwilling to provide evidence to refute the charges, citing 
confidentiality regulations.
    Following the violence of April 11-14, several NGOs, political 
parties, and observers called for the creation of a truth commission. 
National Assembly deputies introduced legislation to create one; 
however, it did not pass.

Section 5. Discrimination Based on Race, Sex, Disability, Language, or 
        Social Status
    The Constitution expressly prohibits discrimination on the basis of 
politics, age, race, sex, creed, or any other condition, and the law 
prohibits discrimination based on ethnic origin, sex, or disability. 
However, the Government did not protect women adequately against 
societal and domestic violence and did not ensure the disabled access 
to jobs and public services, nor did it safeguard adequately the rights 
of indigenous people during the year.
    There were no new developments in the 2000 case that state police 
in Valencia, Carabobo state, detained four transgendered persons and 
held them incommunicado for 2 days without food or drinking water. The 
family of one of the detainees filed a formal complaint with the Public 
Ministry.

    Women.--Violence against women continued to be a problem, and women 
faced substantial institutional and societal prejudice with respect to 
rape and domestic violence during the year. Domestic violence against 
women was very common and was aggravated by the country's economic 
difficulties. There were 8,411 cases of domestic violence reported to 
the authorities during the year. Many domestic violence cases were not 
reported to the police. The police generally were unwilling to 
intervene to prevent domestic violence, and the courts rarely 
prosecuted those accused of such abuse, according to local monitors. In 
addition, poor women generally were unaware of legal remedies and have 
little access to them. The law requires police to report domestic 
violence and obligates hospital personnel to advise the authorities 
when it admits patients who are victims of domestic abuse cases.
    Rape is extremely difficult to prove, requiring at a minimum 
medical examination within 48 hours of the crime. A provision in the 
Penal Code also provides that an adult man guilty of raping an adult 
woman with whom he is acquainted can avoid punishment if, before 
sentencing, he marries the victim. Few police officers were trained to 
assist rape victims. During the year, the police received 3,492 reports 
of rape. However, women's organizations asserted that these figures 
were low and did not accurately portray the problem of rape and sexual 
assault. They claimed that many victims did not report the incident or 
press charges due to societal pressure and their own feelings of guilt.
    There were reports that women were trafficked to Spain for purposes 
of prostitution (see Section 6.f.).
    Sexual harassment in the workplace was a common problem but was not 
a criminal offense.
    Women gradually surmounted many of the barriers to their full 
participation in political and economic life; nonetheless, they still 
were underrepresented in leadership positions and, on average, earned 
30 percent less than men. Women accounted for approximately half the 
student body of most universities and advanced in many professions, 
including medicine and law. As of November, 70 women were in training 
at the Army's military academy, 100 were in training at the Naval 
academy, 39 were at the Air Force academy, and 75 were in training at 
the National Guard academy. A 2000 government decision allowed women to 
attend military academies and serve in expanded roles as officers in 
the armed forces. Women and men were legally equal in marriage.
    The Constitution provides for sexual equality in exercising the 
right to work. The 1990 Labor Code specifies that employers must not 
discriminate against women with regard to pay or working conditions, 
must not fire them during pregnancy or for 1 year after giving birth, 
must grant them unpaid leave and benefits for 6 weeks before the birth 
of a child and 12 weeks after, and must provide them with 10 weeks of 
unpaid leave if they legally adopt children under 3 years of age. 
According to the Ministry of Labor and the Confederation of Venezuelan 
Workers (CTV), the country's major labor federation, these regulations 
were enforced in the formal sector, although social security payments 
often were delayed.
    In 2001 the National Institute for Women (formerly the National 
Women's Council)--an agency of the Presidency with representation from 
the Ministries of Justice, Education, Family, Health, and Labor--
designed two programs to assist women in need and enhanced the economic 
independence of women. The first program was the ``Women's Bank'' to 
provide small-scale financing to micro-enterprises run by women. In 
February the Government said that $10 million (15 billion bolivars) had 
been placed into this fund. However, the fund did not publish its 
balances, and it was not controlled by the Ministry of Finance. There 
were allegations of corruption and mismanagement within the fund. The 
second initiative was the Women's Shelters Program--the construction of 
a series of centers to receive, care for, and rehabilitate women in 
distress.
    There were a number of NGOs concerned with domestic violence, sex 
education, and economic discrimination. However, the recommendations of 
these groups were not implemented widely by the police or other 
concerned government agencies.

    Children.--The Organic Procedural Law on Adolescents and Children 
establishes legal protection of children under the age of 18, 
regardless of nationality; however, observers expressed concern over 
the slow implementation of the law's provisions. Government 
expenditures on education, health, and social services decreased during 
the year due to a weakening economy and government budget deficits. 
Primary and secondary education was chronically underfunded. According 
to the Constitution, the State is to provide free education up to the 
university-preparatory level (15 or 16 years old) and the law provides 
for universal, compulsory, and free education; however, an estimated 57 
percent of children left school before the 9th grade.
    In addition, approximately 1 million children were not eligible to 
receive government assistance, including public education, because they 
were either illegal aliens, or their births were not documented 
properly, according to the annual report of the NGO Community Centers 
for Learning (CECODAP). A 1998 government regulation requires hospitals 
to register the births of all children, but a government program of 
sending teams into poor neighborhoods to register minors has been 
discontinued. Many children remain undocumented.
    According to a 2001 report by CECODAP, approximately 25 percent of 
children under the age of 15 had a nutritional deficit. Substandard 
conditions contributed to the increase in preventable diseases that 
were leading causes of infant mortality.
    Increasing poverty raised the level of stress within families and 
led to a rise in the number of abandoned children and to more child 
abuse. Reports of child abuse were rare due to a fear of entanglement 
with the authorities and societal ingrained attitudes regarding family 
privacy. The judicial system, although slow, ensured that in most 
situations children were removed from abusive households once a case 
had been reported. However, public facilities for such children are 
inadequate and had poorly trained staff.
    There were reports that children from other South American 
countries, especially Ecuador, were trafficked to work in Caracas as 
street vendors and housemaids (see Section 6.f.).
    According to CECODAP, approximately 1.6 million children worked in 
the country, mostly in the informal sector where they worked as street 
vendors or as beggars. An estimated 206,000 children were involved in 
prostitution, drug trafficking, and petty crime.
    The authorities in Caracas and several other jurisdictions tried to 
cope with the phenomenon of street children by continuing to impose 
curfews for unsupervised minors. Children's rights advocates claimed 
that curfews permitted the police to act arbitrarily and detain persons 
who had committed no crime. Because reform institutions were filled to 
capacity, hundreds of children accused of infractions, such as curfew 
violations, were confined in juvenile detention centers (see Section 
1.c.).
    Children's rights advocates continued to criticize the Government's 
lack of success in reuniting children and parents who were separated in 
the flooding in Vargas state in 1999. At year's end, some children 
remained missing. The Ombudsman's office continued to investigate 
whether some of these children may have been trafficked (see Section 
6.f.).

    Persons with Disabilities.--Persons with disabilities had minimal 
access to public transportation, and ramps were practically 
nonexistent, even in government buildings. According to local 
advocates, persons with disabilities were discriminated against in many 
sectors, including education, health care, and employment.
    A comprehensive 1993 law to protect the rights of persons with 
disabilities requires that all newly constructed or renovated public 
parks and buildings provide access. The law also forbids discrimination 
in employment practices and in the provision of public services. 
However, the Government had not made a significant effort to implement 
the law, inform the public of it, or try to change societal prejudice 
against persons with disabilities.
    There were no reports of discrimination against persons with mental 
disabilities.

    Indigenous Persons.--Although the law prohibits discrimination 
based on ethnic origin, members of the country's indigenous population 
frequently suffered from inattention to and violation of their rights. 
There were approximately 316,000 indigenous people in 27 ethnic groups. 
Many indigenous people were isolated from modern civilization and lack 
access to basic health and educational facilities. High rates of 
cholera, hepatitis B, malaria, and other diseases plagued their 
communities.
    The Constitution creates three seats in the National Assembly for 
indigenous people and also provides for ``the protection of indigenous 
communities and their progressive incorporation into the life of the 
nation.'' Nonetheless, local political authorities seldom took account 
of the interests of indigenous people when making decisions affecting 
their lands, cultures, and traditions, or the allocation of natural 
resources. As farmers and miners intruded on their habitats, indigenous 
communities faced deforestation and water pollution. Few indigenous 
persons held title to their land, but many did not want to because most 
indigenous groups rejected the concept of individual property. Instead, 
they called on the Government to recognize lands traditionally 
inhabited by them as territories belonging to each respective 
indigenous group.
    In July 2001, four members of the Pume indigenous people in Apure 
state were killed during an apparent effort to take control of the land 
they occupied, according to a Pume woman who witnessed the incident. 
The family of four--Cruz (age 50), Lorenzo (age 28), Ana Maria (age 
25), and Rosa Maria Flores (age 9)--were attacked by nonindigenous 
persons armed with machetes and firearms. Another Pume member, Carmen 
Flores, witnessed the killings and escaped unnoticed. In August 2001, 
two persons were arrested in connection with the killings. In November 
2001, a court found them innocent and they were released. In July the 
Supreme Court reopened the case and ordered that the two men be 
detained.
    The Yanomami, among the most isolated of the indigenous people, 
have been subjected to persistent incursions into their territory by 
illegal gold miners, who have introduced both diseases and social ills.
    Members of the Warao indigenous group of Delta Amacuro state 
continued to migrate during the year from their homelands in the swampy 
Orinoco delta to Caracas, where they live in the streets, selling 
handicrafts and begging. The Warao claim that flooding and petroleum 
exploration have eroded their traditional means of survival: Fishing 
and horticulture. The Caracas city government and the Metropolitan 
Police maintained a policy of forcing the Warao to return to the delta 
by rounding them up and loading them onto buses. In 1998, the last year 
for which estimates are available, they returned at least 15 groups 
averaging 100 Warao each. Many of the Warao nevertheless return to 
Caracas, citing lack of jobs and money in the delta and their ability 
to earn approximately $112 (130,000 bolivars) per week in handouts in 
Caracas.

Section 6. Worker Rights

    a. The Right of Association.--Both the Constitution and the 1990 
Labor Code recognize and encourage the right of workers to organize; 
however, concerns over labor rights continued. According to the 
Constitution, all workers, without prejudice or need of previous 
authorization, have the right to form freely unions that they believe 
can help them defend their rights and interests, as well as the right 
to join--or refrain from joining--these organizations. The 1990 Labor 
Code extends the right to form and join unions of their choosing to all 
private and public sector employees, except members of the armed 
forces. The Constitution provides that labor organizations are not 
subject to intervention, suspension, or administrative dissolution, and 
workers are protected against any discrimination or measure contrary to 
this right. Labor organizers and leaders may not be removed from their 
positions during the period of time or under the conditions in which 
they exercise their leadership functions. However, Articles 23 and 95 
of the Constitution, which provide for freedom of association, are 
contradicted by Article 293, which gives the National Electoral Council 
the authority to administer the internal elections of labor 
confederations. This article is in violation of the Government's 
commitments to ILO Conventions 87 and 98 and has been the subject of a 
long-running dispute between the Government and the ILO.
    The ILO repeatedly expressed concerns that the 1990 Labor Code 
violates freedom of association by requiring a high number of workers 
(100 workers) to form self-employed workers' trade unions and a high 
number of employers to form employer trade unions (10 employers). The 
ILO noted that the long and detailed list of duties assigned to 
workers' and employers' organizations and the requirement that foreign 
workers must be resident in the country for more than 10 years in order 
to hold trade union offices also violates freedom of association.
    Despite ILO objections, the Government continued to insist on the 
CNE's oversight authority for labor leadership elections. However, in 
practice CNE authorities took a broad interpretation of the 
requirement, allowing the individual union and federation elections to 
proceed uninterrupted under the authority of the CTV, and generally 
limiting its activities to an advisory role.
    In June the Government, labor, and business representatives 
participated in the annual ILO Conference. Although the Government 
pondered accrediting someone other than Ortega to represent labor, the 
Supreme Court ruled that Ortega was the proper representative. The 
Committee on the Application of Conventions and Recommendations 
criticized the country for its violations for the second year in a row. 
The Government responded that labor law reform was under debate in the 
National Assembly.
    The Labor Code mandates registration of unions with the Ministry of 
Labor, but it limits the Ministry's discretion by specifying that 
registration may not be denied if the proper documents (a record of the 
founding meeting, the statutes, and membership list) are submitted. 
Only a judge may dissolve a union, and only for reasons listed in the 
law.
    The law also prohibits employers from interfering in the formation 
of unions or in their activities and from stipulating as a condition of 
employment that new workers must abstain from union activity or must 
join a specified union. The Constitution prohibits measures that 
``alter the sanctity and progressiveness'' of labor rights and worker 
benefits, declares labor rights to be irrevocable, and provides that 
ambiguities regarding the application or interpretation of norms are to 
be applied in the manner most favorable to the worker.
    Ministry of Labor inspectors hear complaints regarding violations 
of these regulations and traditionally impose a maximum fine of twice 
the monthly minimum wage for a first infraction. Under the 
Constitution, union officials have special protection from dismissal. 
Under the 1990 Labor Code, if a judge determines that any worker was 
fired for union activity, the worker is entitled to back pay plus 
either reinstatement or payment of a substantial sum of money, which 
varies according to the worker's seniority.
    Approximately 10 to 12 percent of the 10-million-member national 
labor force were unionized. One major union confederation (the CTV), 
three small union confederations, and a number of independent unions 
operated freely. The CTV represented most of the unionized workers and 
was especially strong in the public sector; its membership was 
approximately 900,000 workers. The CTV's top leadership included 
members of several political parties, but the majority affiliated with 
one of the traditional parties, Democratic Action (AD) or the Christian 
Democrats (COPEI). The CTV and the AD traditionally influenced each 
other. The Bolivarian Workers Force (FBT) tried to organize unions 
within the CTV and participated in the CTV internal elections held in 
October 2001.
    There were no restrictions on affiliation with international labor 
organizations, and many union organizations were active 
internationally; however, a November 2000 Supreme Court ruling 
regarding the legal rights of NGOs that receive funding from foreign 
sources has the potential to restrict the international affiliations of 
union organizers (see Section 2.b.).

    b. The Right to Organize and Bargain Collectively.--According to 
the Constitution, all public and private sector workers have the right 
to voluntary collective bargaining and to arrive at collective 
bargaining agreements, without any additional requirements other than 
those established by the law. The Constitution provides that the 
Government is to ensure development of collective bargaining and to 
establish conditions favorable to collective relationships and the 
resolution of labor conflicts. The 1990 Labor Code stipulates that 
employers must negotiate a collective contract with the union that 
represents the majority of their workers. The ILO repeatedly expressed 
concerns that this provision restricts freedom of association and in 
March 2000 requested that the Government amend it so that ``in cases 
where no union organization represents an absolute majority of workers, 
minority organizations may jointly negotiate a collective agreement on 
behalf of their members.'' The Code contains a provision stating that 
wages may be raised by administrative decree, provided that the 
legislature approves the decree.
    During the year, the conflict between the Government and the CTV 
intensified, with the labor confederation participating in both a 
national work stoppage in December 2001, several massive antigovernment 
demonstrations, and the general strike in April that led to the brief 
overthrow of President Chavez. The national work stoppage that 
contributed to Chavez's brief downfall began with a protest at the 
state oil concern PDVSA after Chavez fired the company's board of 
directors. This led to sympathy strikes at several PDVSA outlets and 
culminated with the CTV convoking a national work stoppage. After the 
second day of the stoppage, the CTV called a general strike on April 
10, but it did so as a consensus of its executive committee without 
consulting the rank-and-file. CTV President Ortega went into hiding for 
a brief period after President Chavez returned to power. Meanwhile, he 
and the CTV's Executive Committee--four progovernment labor leaders 
have refused to take their seats--has become increasingly committed to 
Chavez's removal from office.
    In October 2001, the CTV elected Carlos Ortega Secretary General. 
Both sides lodged numerous protests of fraud, but the Chavez 
government, which had endorsed FBT candidate Artistobulo Isturiz, 
claimed massive fraud had decided the election and refused to recognize 
Ortega as the winner. Ortega continued to occupy the office without the 
official election certification by the CNE. The lack of recognition 
prevented government-labor dialog on issues such as the minimum wage 
and collective contract negotiations.
    The Constitution and the 1990 Labor Code recognize the right of all 
public and private sector workers to strike in accordance with 
conditions established by labor law. However, public servants may 
strike only if the strike does not cause ``irreparable damage to the 
population or to institutions.'' Replacement workers are not permitted 
during legal strikes. The 1990 Labor Code allows the President to order 
public or private sector strikers back to work and to submit their 
dispute to arbitration if the strike ``puts in immediate danger the 
lives or security of all or part of the population.'' During the year, 
most strikes were brief and occurred among government employees such as 
petroleum workers, health workers in public hospitals and clinics, 
teachers, and transportation workers.
    In August Caracas subway workers struck for 1 day to protest their 
collective contract, which expired 3 years ago. This strike was 
resolved when the Ministry of Labor offered the workers a bonus of 
nearly $6,000 per worker. The Ministry did not initiate talks to 
negotiate a new contract. Shortly thereafter, workers of the state-
owned aluminum company also struck to protest their contract, expecting 
a similar settlement. In all, more than 600 collective contracts 
required renegotiation.
    Labor law and practice are the same in the sole export processing 
zone, located in Punto Fijo, Falcon state, as in the rest of the 
country.

    c. Prohibition of Forced or Bonded Labor.--The 1990 Labor Code 
states that no one may ``obligate others to work against their will,'' 
and such practices generally were not known to occur. Apart from the 
general prohibition of compulsory labor, the law does not prohibit 
specifically forced and bonded labor by children, and such practices 
generally were not known to occur; however, there were reports of 
trafficking in children for employment purposes (see Section 6.f.).

    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The 1990 Labor Code and the Tutelary Law for Minors 
contain provisions to protect children from exploitation in the 
workplace. The Ministry of Labor and the National Institute for Minors 
enforce child labor policies effectively in the formal sector of the 
economy but less so in the informal sector, in which an estimated 1.1 
million children worked. According to UNICEF, approximately 2.5 percent 
of children were in the labor market, and they worked in agriculture, 
as artisans, in offices, and in the services sector.
    The 1990 Labor Code allows children between the ages of 12 and 14 
to work only if the National Institute for Minors or the Labor Ministry 
grants special permission. It states that children between the ages of 
14 and 16 may not work without the permission of their legal guardians. 
Minors may not work in mines or smelting factories; in occupations that 
risk life or health, or could damage intellectual or moral development; 
or in public spectacles. The Constitution prohibits adolescents from 
working in jobs that will affect their development.
    Those under 16 years of age may by law work no more than 6 hours 
per day or 30 hours per week. Minors under the age of 18 may work only 
between 6 a.m. and 7 p.m. The estimated 1.2 million children who worked 
in the informal sector, mostly as street vendors, generally worked more 
hours than the total permitted under the law. A 1996 survey of working 
children found that half of the children worked both morning and 
afternoon, and 64.5 percent worked 6 or 7 days a week. The Government's 
Central Office of Statistics and Information reported that 12 percent 
of the country's children between the ages of 10 and 17 were working, 
had worked at some time, or were seeking work. Of that number, 
approximately 70 percent work in the informal sector of the economy.

    e. Acceptable Conditions of Work.--The Constitution provides 
workers with the right to a salary that is sufficient to allow them to 
live with dignity, and provides them and their families with the right 
to basic material, social, and intellectual necessities. The 
Constitution obliges the State to provide public and private sector 
workers with an annually adjusted minimum wage, using the cost of the 
basic basket of necessities as a reference point. Under the 1990 Labor 
Code, minimum wage rates are set by administrative decree, which the 
legislature may suspend or ratify but may not change. The law excludes 
only domestic workers and concierges from coverage under the minimum 
wage decrees. In July the Government raised the minimum wage for public 
and private employees by 10 percent. Following the increase, the 
monthly minimum wage at present exchange rates is $163 (190,080 
bolivars) in the private sector for urban workers, $150 (174,240 
bolivars) for employees of small and medium-sized companies, and $150 
(174,072 bolivars) for rural workers. The increase applied only to 
those already earning the minimum wage-approximately 15 percent of the 
labor force. Total take-home pay in the private sector, the product of 
a presidential decree, was at least equal to that received by public 
sector minimum wage workers. Fringe benefits that were added to these 
minimum figures generally increased wages by about one-third. However, 
even with these benefits, the minimum wage was not sufficient to 
provide a decent standard of living for a worker and family. Unions 
noted that a worker's income was often less than the cost of basic 
monthly food for a family of five, estimated by the Government's 
Central Office of Statistics and Information. The basic basket, which 
includes medical care, transportation, clothing, and housing, in 
addition to food, totaled $828 (960,000 bolivars) for August. The 
Ministry of Labor enforced minimum wage rates effectively in the formal 
sector of the economy, but approximately one-half of the population 
works in the informal sector where labor laws and protections generally 
were not enforced.
    The Constitution stipulates that the workday may not exceed 8 hours 
daily or 44 hours weekly and that night work may not exceed 7 hours 
daily or 35 hours weekly. Managers are prohibited from obligating 
employees to work additional overtime, and workers have the right to 
weekly time away from work and annual paid vacations. Some unions, such 
as the petroleum workers' union, have negotiated a 40-hour week. 
Overtime may not exceed 2 hours daily, 10 hours weekly, or 100 hours 
annually, and may not be paid at a rate less than time-and-one-half. 
The Ministry of Labor effectively enforced these standards in the 
formal sector.
    The Constitution provides for secure, hygienic, and adequate 
working conditions; however, the authorities have not yet promulgated 
regulations to implement the 1986 Health and Safety Law, which was not 
enforced. The delay is due largely to concern that the law provides 
penal sanctions against management when violations of health and safety 
occur and that there is ambiguity in the law over what constitutes a 
violation. The Labor Code states that employers are obligated to pay 
specified amounts (up to a maximum of 25 times the minimum monthly 
salary) to workers for accidents or occupational illnesses, regardless 
of who is responsible for the injury.
    The Code also requires that workplaces maintain ``sufficient 
protection for health and life against sickness and accidents,'' and it 
imposes fines ranging from one-quarter to twice the minimum monthly 
salary for first infractions. However, in practice Ministry of Labor 
inspectors seldom closed unsafe job sites. Under the law, workers may 
remove themselves from dangerous workplace situations without jeopardy 
to continued employment.

    f. Trafficking in Persons.--The Constitution prohibits trafficking 
in persons; however, there is no implementing law specifically for 
prosecution of all forms of trafficking in persons, and trafficking was 
a problem. Trafficking may be prosecuted under laws against forced 
disappearance and kidnaping (punishable by 2 to 4 years' imprisonment) 
and, in the case of children, under the 2000 Organic Law to Protect 
Children and Adolescents (which carries a penalty of 1 to 10 months in 
jail for trafficking in children). There were reports that the country 
was a source, destination and transit country for trafficked men, 
women, and children during the year. However, no figures were available 
from either government or NGO sources, and it was difficult to gauge 
the extent of the problem. The authorities showed little awareness of 
the problem of trafficking in persons. An underdeveloped legal 
framework, corruption among immigration authorities, and the ease with 
which fraudulent Venezuelan passports, identity cards, and birth 
certificates were obtained created favorable conditions for 
trafficking. However, there were no reports or evidence of involvement 
in trafficking by government officials, and the Government took steps 
to reduce corruption among immigration officials by replacing 
immigration inspectors at the Simon Bolivar International Airport in 
Maiquetia.
    There were reports that women were trafficked to Spain for purposes 
of prostitution. There also were reports that children from other South 
American countries, especially Ecuador, were trafficked to work in 
Caracas as street vendors and housemaids. In October a smuggling ring 
was discovered in which children from Equador were smuggled through the 
country to their waiting parents in the U.S. Chinese nationals 
trafficked to the U.S. via countries bordering Venezuela transitted the 
country. The Ombudsman's office continues to investigate whether some 
of the children separated from their parents in the December 1999 
flooding in Vargas state may have been trafficked. It also was believed 
widely that young women were lured from rural areas to urban centers by 
misleading newspaper advertisements promising domestic or other 
employment and educational opportunities; they then became victims of 
sexual exploitation. Organized criminal groups, possibly including 
Colombian drug traffickers, Ecuadorian citizens, and Chinese mafia 
groups, reportedly were behind some of these trafficking activities.
    The Government did not prosecute any individuals for trafficking in 
persons during the year. Government efforts to prevent and prosecute 
trafficking, which were rare, are the responsibility of the Public 
Prosecutor's Family Protection Directorate and the National Institutes 
for Women and Minors. Female victims of trafficking have recourse to 
the Government's national system of women's shelters (see Section 5). 
NGOs such as CECODAP and the Coalition Against Trafficking in Women 
also were involved in activities to combat trafficking. There were no 
efforts or surveys planned or underway to document the extent and 
nature of trafficking in the country. However, in January the 
Government did provide some assistance to apparent victims of 
trafficking from various West African countries who landed on the coast 
of Sucre state. The group claimed that it had been abandoned at sea by 
a Turkish cargo ship that, for a fee, had brought them from Africa to 
find work in an undetermined country.


                               APPENDIXES

                               APPENDIX A

              Notes on Preparation of the Country Reports

    The annual Country Reports on Human Rights Practices are based on 
information available from a wide variety of sources, including U.S. 
and foreign government officials, victims of human rights abuse, 
academic and congressional studies, and reports from the press, 
international organizations, and nongovernmental organizations (NGOs) 
concerned with human rights. We find particularly helpful, and make 
reference in the reports to, the role of NGOs, ranging from groups 
within a single country to those that concern themselves with human 
rights worldwide. While much of the information that we use is already 
public, information on particular abuses frequently cannot be 
attributed, for obvious reasons, to specific sources.
    By law we must submit the Country Reports to Congress by February 
25. To comply with this requirement, we provide guidance to U.S. 
diplomatic missions in July for submission of draft reports in 
September and October, which we update at year's end as necessary. 
Other offices in the Department of State provide contributions, and the 
Bureau of Democracy, Human Rights, and Labor prepares a final draft. 
Because of the preparation time required, it is possible that yearend 
developments may not be reflected fully. We make every effort to 
include reference to major events or significant changes in trends.
    We have attempted to make the reports as comprehensive, objective, 
and uniform as possible in both scope and quality of coverage. We have 
paid particular attention to attaining a high standard of consistency 
in the reports despite the multiplicity of sources and the obvious 
problems associated with varying degrees of access to information, 
structural differences in political and social systems, and differing 
trends in world opinion regarding human rights practices in specific 
countries.
    Evaluating the credibility of reports of human rights abuses often 
is difficult. With the exception of some terrorist organizations, most 
opposition groups and certainly most governments deny that they commit 
human rights abuses and usually go to great lengths to conceal any 
evidence of such acts. There are often few eyewitnesses to specific 
abuses, and they frequently are intimidated or otherwise prevented from 
reporting what they know. On the other hand, individuals and groups 
opposed to a particular government sometimes have powerful incentives 
to exaggerate or fabricate abuses, and some governments similarly 
distort or exaggerate abuses attributed to opposition groups. We have 
made every effort to identify those groups, for example, government 
forces or terrorists, that are believed, based on all the evidence 
available, to have committed human rights abuses. Where credible 
evidence is lacking, we have tried to indicate why it is not available. 
Many governments that profess to oppose human rights abuses in fact 
secretly order or tacitly condone them or simply lack the will or the 
ability to control those responsible for them. Consequently, in judging 
a government's policy, the reports look beyond statements of policy or 
intent and examine what a government has done to prevent human rights 
abuses, including the extent to which it investigates, brings to trial, 
and appropriately punishes those who commit such abuses.
    To increase uniformity, the introduction of each country's report 
contains a brief setting that provides the context for reviewing its 
human rights performance. A description of the political framework and 
the role of security agencies in human rights is followed by a brief 
paragraph on the economy. The introduction concludes with an overview 
of human rights developments during the calendar year that mentions 
specific areas (for example, torture, freedom of speech and of the 
press, discrimination) where abuses and problems occurred.
    We have continued the effort from previous years to expand coverage 
of human rights problems affecting women, children, persons with 
disabilities, and indigenous people in the reports. The appropriate 
section of each country report discusses any abuses that are targeted 
specifically against women (for example, rape or other violence 
perpetrated by governmental or organized opposition forces, or 
discriminatory laws or regulations). In Section 5, we discuss 
socioeconomic discrimination; societal violence against women, 
children, persons with disabilities, or ethnic minorities; and the 
efforts, if any, of governments to combat these problems.
    The following notes on specific section headings in each country 
report are not meant to be comprehensive descriptions of each subject 
but to provide an overview of the key issues covered and to show the 
overall organization of subjects:

    Arbitrary or Unlawful Deprivation of Life.--Includes killings in 
which there is evidence of government involvement without due process 
of law or of political motivation by government or by opposition 
groups. Also covers extrajudicial killings (for example, the 
deliberate, illegal, or excessive use of lethal force by the police, 
security forces, or other agents of the State), as well as killings 
committed by police or security forces that resulted in the unintended 
death of persons without due process of law (for example, mistargeted 
bombing or shelling or killing of bystanders). Excludes combat deaths 
and killings by common criminals, if the likelihood of political 
motivation can be ruled out (see also ``Internal Conflicts'' below). 
Although mentioned briefly here, deaths in detention due to official 
negligence are covered in detail in the section on ``Torture and Other 
Cruel, Inhuman, or Degrading Treatment or Punishment.''

    Disappearance.--Covers cases in which political motivation appears 
likely and in which the victims have not been found or perpetrators 
have not been identified. Cases eventually classed as political 
killings in which the bodies of those missing are discovered also are 
covered in the above section, while those eventually identified as 
arrest or detention may be covered under ``Arbitrary Arrest, Detention, 
or Exile.''

    Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Defines torture as an extremely severe form of cruel, 
inhuman, or degrading treatment or punishment, committed by or at the 
instigation of government forces or opposition groups, with specific 
intent of causing extremely severe pain or suffering, whether mental or 
physical. Concentrates discussion on actual practices, not on whether 
they fit any precise definition, and includes use of physical and other 
force that may fall short of torture but which is cruel, inhuman, or 
degrading. Covers prison conditions, including information based on 
international standards, and deaths in prison due to negligence by 
government officials.

    Arbitrary Arrest, Detention, or Exile.--Covers cases in which 
detainees, including political detainees, are held in official custody 
without being charged or, if charged, are denied a public preliminary 
judicial hearing within a reasonable period. Also discusses whether, 
and under what circumstances, governments exile citizens.

    Denial of Fair Public Trial.--Describes briefly the court system 
and evaluates whether there is an independent judiciary and whether 
trials are both fair and public (failure to hold any trial is noted in 
the section above). Includes discussion of ``political prisoners'' 
(political detainees are covered above), defined as those convicted and 
imprisoned essentially for political beliefs or nonviolent acts of 
dissent or expression, regardless of the actual legal charge.

    Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--Discusses the ``passive'' right of the individual to 
noninterference by the State. Includes the right to receive foreign 
publications, for example, while the right to publish is discussed 
under ``Freedom of Speech and Press.'' Includes the right to be free 
from coercive population control measures, including coerced abortion 
and involuntary sterilization but does not include cultural or 
traditional practices, such as female genital mutilation, which are 
addressed in Section 5.

    Use of Excessive Force and Violations of Humanitarian Law in 
Internal Conflicts.--An optional section for use in describing abuses 
that occur in countries experiencing significant internal armed 
conflict. Includes indiscriminate, nonselective killings arising from 
excessive use of force, for example, by police in putting down 
demonstrations, or by the shelling of villages (deliberate, targeted 
killing is discussed in the section on ``Arbitrary or Unlawful 
Deprivation of Life'' ). Also includes abuses against civilian 
noncombatants. For countries where use of this section would be 
inappropriate, that is, where there is no significant internal 
conflict, lethal use of excessive force by security forces is discussed 
in the section on ``Arbitrary or Unlawful Deprivation of Life''; 
nonlethal excessive force is discussed in the section on ``Torture and 
Other Cruel, Inhuman, or Degrading Treatment or Punishment.''

    Freedom of Speech and Press.--Evaluates whether these freedoms 
exist and describes any direct or indirect restrictions. Includes 
discussion of academic freedom.

    Freedom of Peaceful Assembly and Association.--Evaluates the 
ability of individuals and groups (including political parties) to 
exercise these freedoms. Includes the ability of trade associations, 
professional bodies, and similar groups to maintain relations or 
affiliate with recognized international bodies in their fields. The 
right of labor to associate, organize, and bargain collectively is 
discussed under the section on ``Worker Rights'' (see Appendix B).

    Freedom of Religion.--Discusses whether the Constitution or laws 
provide for the right of citizens of any religious belief to worship 
free of government interference and whether the government generally 
respects that right. Includes the freedom to publish religious 
documents in foreign languages; addresses the treatment of foreign 
clergy and whether religious belief or lack thereof affects membership 
in a ruling party, a career in government, or ability to obtain 
services and privileges available to other citizens.

    Freedom of Movement Within the Country, Foreign Travel, Emigration, 
and Repatriation.--Includes discussion of forced resettlement; 
``refugees'' may refer to persons displaced by civil strife or natural 
disaster as well as persons who are ``refugees'' within the meaning of 
the Refugee Act of 1980, that is, persons with a ``well-founded fear of 
persecution'' in their country of origin or, if stateless, in their 
country of habitual residence, on account of race, religion, 
nationality, membership in a particular social group, or political 
opinion.

    Respect for Political Rights: The Right of Citizens to Change Their 
Government.--Discusses the extent to which citizens have freedom of 
political choice and have the legal right and ability in practice to 
change the laws and officials that govern them. Assesses whether 
elections are free and fair.

    Governmental Attitude Regarding International and Nongovernmental 
Investigation of Alleged Violations of Human Rights.--Discusses whether 
the government permits the free functioning of local human rights 
groups (including the right to investigate and publish their findings 
on alleged human rights abuses) and whether they are subject to 
reprisal by government or other forces. Also discusses whether the 
government grants access to and cooperates with outside entities 
(including foreign human rights organizations, international 
organizations, and foreign governments) interested in human rights 
developments in the country.

    Discrimination Based on Race, Sex, Religion, Disability, Language, 
or Social Status.--Contains a subheading on Women, Children, and 
Persons with Disabilities. As appropriate also includes subheadings on 
Indigenous People, Religious Minorities, and National/Racial/Ethnic 
Minorities. Discrimination against other groups is discussed in the 
introductory paragraph(s) of the section. Addresses discrimination and 
abuses not discussed elsewhere in the report, focusing on laws, 
regulations, or state practices that are inconsistent with equal access 
to housing, employment, education, health care, or other governmental 
benefits for members of specific groups. (Abuses by government or 
opposition forces, such as killing, torture and other violence, or 
restriction of voting rights or free speech targeted against specific 
groups would be discussed under the appropriate preceding sections.) 
Discusses societal violence against women, e.g., ``dowry deaths,'' 
``honor killings,'' wife beating, rape, female genital mutilation, and 
government tolerance of such under the subheading on women. Discusses 
the extent to which the law provides for, and the government enforces, 
equality of economic opportunity for women. Discusses violence or other 
abuse against children under that subheading. Discusses the extent to 
which persons with disabilities, including persons with mental illness, 
are subject to discrimination in, among other things, employment, 
education, and the provision of other government services.

    Worker Rights.--See Appendix B.


                               APPENDIX B

                       Reporting on Worker Rights

    The 1984 Generalized System of Preferences Renewal Act requires 
reporting on worker rights in GSP beneficiary countries. It states that 
internationally recognized worker rights include: ``(A) the right of 
association; (B) the right to organize and bargain collectively; (C) a 
prohibition on the use of any form of forced or compulsory labor; (D) a 
minimum age for the employment of children; and (E) acceptable 
conditions of work with respect to minimum wages, hours of work, and 
occupational safety and health.'' All five aspects of worker rights are 
discussed in each country report under the section heading ``Worker 
Rights.'' An additional subsection, listed as (F), addresses 
trafficking in persons. The discussion of worker rights considers not 
only laws and regulations but also their practical implementation and 
takes into account the following additional guidelines:
    A. The Right of Association has been defined by the International 
Labor Organization (ILO) to include the right of workers and employers 
to establish and join organizations of their own choosing without 
previous authorization; to draw up their own constitutions and rules, 
elect their representatives, and formulate their programs; to join in 
confederations and affiliate with international organizations; and to 
be protected against dissolution or suspension by administrative 
authority.
    The right of association includes the right of workers to strike. 
While strikes may be restricted in essential services, the interruption 
of which would endanger the life, personal safety, or health of a 
significant portion of the population, and in the public sector, these 
restrictions must be offset by adequate safeguards for the interests of 
the workers concerned (for example, mechanisms for mediation and 
arbitration, due process, and the right to judicial review of legal 
actions). Reporting on restrictions on the ability of workers to strike 
generally includes information on any procedures that may exist for 
safeguarding workers' interests.

    B. The Right to Organize and Bargain Collectively includes the 
right of workers to be represented in negotiating the prevention and 
settlement of disputes with employers, the right to protection against 
interference, and the right to protection against acts of antiunion 
discrimination. Governments should promote mechanisms for voluntary 
negotiations between employers and workers and their organizations. 
Coverage of the right to organize and bargain collectively includes a 
review of the extent to which collective bargaining takes place and the 
extent to which unions, both in law and practice, effectively are 
protected against antiunion discrimination.

    C. Forced or Compulsory Labor is defined as work or service exacted 
under the menace of penalty and for which a person has not volunteered. 
``Work or service'' does not apply where obligations are imposed to 
undergo education or training. ``Menace of penalty'' includes loss of 
rights or privileges as well as penal sanctions. The ILO has exempted 
the following from its definition of forced labor: compulsory military 
service, normal civic obligations, certain forms of prison labor, 
emergencies, and minor communal services. Forced labor should not be 
used as a means of: (1) mobilizing and using labor for purposes of 
economic development; (2) racial, social, national, or religious 
discrimination; (3) political coercion or education, or as a punishment 
for holding or expressing political or ideological views opposed to the 
established political, social, or economic system; (4) labor 
discipline; or (5) as a punishment for having participated in strikes. 
Constitutional provisions concerning the obligation of citizens to work 
do not violate this right so long as they do not take the form of legal 
obligations enforced by sanctions and are consistent with the principle 
of ``freely chosen employment.''

    D. Minimum Age for Employment of Children concerns the effective 
abolition of child labor by raising the minimum age for employment to a 
level consistent with the fullest physical and mental development of 
young people. ILO Convention 182 on the ``worst forms of child labor,'' 
which had been ratified by 113 countries by the end of the year, 
identifies anyone under the age of 18 as a child and specifies certain 
types of employment as ``the worst forms of child labor.'' These worst 
forms of labor include slavery, debt bondage, forced labor, forced 
recruitment into armed conflict, child prostitution and pornography, 
involvement in illicit activity such as drug production or trafficking, 
and ``work which, by its nature, or the circumstances in which it is 
carried out, is likely to harm the health, safety or morals or 
children.'' ILO Convention 182 permits the employment of children 
between the ages of 16 and 18 in what the convention describes as an 
``unhealthy environment,'' if adequate protective measures have been 
taken.

    E. Acceptable Conditions of Work refers to the establishment and 
maintenance of mechanisms, adapted to national conditions, that provide 
for minimum working standards, that is: wages that provide a decent 
living for workers and their families; working hours that do not exceed 
48 hours per week, with a full 24-hour rest day; a specified number of 
annual paid leave days; and minimum conditions for the protection of 
the safety and health of workers. Differences in the levels of economic 
development are taken into account in the formulation of 
internationally recognized labor standards. For example, many ILO 
standards concerning working conditions permit flexibility in their 
scope and coverage. They also may permit governments a wide choice in 
their implementation, including progressive implementation, by enabling 
them to accept a standard in part or subject to specified exceptions. 
Governments are expected to take steps over time to achieve the higher 
levels specified in such standards. However, this flexibility applies 
only to internationally recognized standards concerning working 
conditions. The ILO permits no flexibility in the acceptance of the 
basic human rights standards, that is, freedom of association, the 
right to organize and bargain collectively, the prohibition of forced 
labor, and the absence of discrimination.

    F. Trafficking In Persons is defined as all acts involving the 
recruitment, harboring, transportation, provision, or obtaining of a 
person (man, woman, or child) for labor or services, through the use of 
force, fraud, or coercion for the purpose of subjection to involuntary 
servitude, peonage, debt bondage, or slavery. Sex trafficking is the 
recruitment, harboring, transportation, provision, or obtaining of a 
person for the purpose of a commercial sex act induced by force, fraud, 
or coercion, or in which the person induced to perform such an act has 
not attained 18 years of age. Reporting describes any legal 
prohibitions against trafficking; the extent to which the government 
enforces these prohibitions; the extent and nature of trafficking in 
persons to, from, or within the country, other geographic regions or 
countries affected by the traffic; the participation, facilitation, 
involvement or complicity of any government agents in trafficking; and 
aid or protection available to victims.

                                                   APPENDIX C--International Human Rights Conventions
                                [See the footnotes for a key to the International Human Rights Conventions listed here.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
             Country               A    B    C    D    E    F    G    H    I    J    K    L    M    N    O    P    Q    R    S    T    U    V    W    X
--------------------------------------------------------------------------------------------------------------------------------------------------------
Afghanistan.....................   P   --   --    P   --    P    P    P   --    P    P    P    P    P    P   --   --   --   --   --   --    S    P    P
Albania*........................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Algeria.........................   P    P    P    P    P    P    P    P   --   --    P    P    P    P    P    P   --    P    P    P    P    P    P    P
Andorra.........................  --   --   --   --   --    P    P   --    P   --   --   --    S    S   --   --   --   --   --   --   --    P    S    P
Angola..........................  --    P    P   --    P    P    P   --   --    P   --    P   --    P    P    P    P   --    P    P   --    P   --    P
Antigua & Barbuda...............   P    P    P    P    P    P    P   --   --    1    P    P    P   --   --    P    P   --    P    P    P    P    P    P
Argentina.......................  --    P    P    P    P    P    P    P   --    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P
Armenia.........................  --   --   --    P   --    P    P   --    P   --   --   --    P    P    P    P    P   --   --    P    P    P    P    P
Australia.......................   P    P    P    P    P    P    P   --   --    P    P    P    P    P    P    P    P   --   --    P    P    P    P    P
Austria.........................   P    P    P    P    P    P    P   --    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Azerbaijan......................   P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P    P   --    P   --   --    P    P    P
Bahamas.........................   P    P    P    P    P    P    P   --   --    P    P    P    P   --   --    P    P   --    P    P    P    P   --    P
Bahrain.........................   P    P   --    P   --    P    P   --   --   --    P    P    P   --   --   --   --   --   --    P    P    P    P    P
Bangladesh......................   P    P    P    P    P    P    P    P   --    P    P    P    P    P    P   --   --   --   --    P    P    P    P    P
Barbados........................   P    P    P    P    P    P    P   --   --    P    P    P    P    P    P   --   --    P    P    P    P    P   --    P
Belarus.........................   P    P    P    P    P    P    P    P   --    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Belgium.........................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Belize..........................   1    P    P    P    P    P    P   --   --   --    1    P    P    P    S    P    P   --    P    P    P    P    P    P
Benin...........................   2    P    P   --    P    P    P   --   --   --   --    P    P    P    P    P    P   --    P    P    P    P    P    P
Bhutan*.........................  --   --   --   --   --    P    P   --   --   --   --   --    S   --   --   --   --   --   --   --   --    P   --    P
Bolivia.........................   P   --    P    S    P    P    P    P   --    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P
Bosnia & Herz...................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Botswana........................   1    P    P   --    P    P    P   --   --   --    1    P    P    P   --    P    P   --    P    P    P    P    P    P
Brazil..........................   P    P   --    P    P    P    P    P   --    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P
Brunei*.........................   1   --   --   --   --    P    P   --   --   --    1   --   --   --   --   --   --   --   --    P    P   --   --    P
Bulgaria........................   2    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Burkina Faso....................  --    P    P    P    P    P    P    P   --   --   --    P    P    P    P    P    P   --    P    P    P    P    P    P
Burma...........................   P    P    P    P   --    P    P    S   --    S   --   --   --   --   --   --   --   --   --   --   --    P   --    P
Burundi.........................  --    P    P    P    P    P    P   --   --    P   --    P    P    P    P    P    P   --    P    P    P    P    P    P
Cambodia........................  --    P    P    P    P    P    P   --   --    S    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Cameroon........................   P    P    P   --    P    P    P    P   --   --    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Canada..........................   P   --    P    P   --    P    P   --   --    P    P    P    P    P    P    P    P   --   --    P    P    P    P    P
Cape Verde......................  --    P    P   --    P    P    P   --   --   --   --    P    P    P    P   --    P   --   --    P    P    P    P    P
Cen. African Rep................   2    P    P   --    P    P    P    P   --    P    P    P    P    P    P    P    P   --    P    P    P    P   --    P
Chad............................  --    P    P   --    P    P    P   --   --   --   --    P    P    P    P    P    P   --   --    P    P    P    P    P
Chile...........................   P    P    P    P    P    P    P   --   --    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P
China...........................   2   --   --    P   --    P    P   --   --    P   --   --    P    S    P    P    P   --    P    P    P    P    P    P
  Hong Kong.....................   P   --   --    P   --   --   --   --   --    P   --   --    P   --   --   --   --   --   --   --   --    P    P    P
  Macau to 12-19-99.............  --   --   --    P   --   --   --    P   --   --    P   --    P    P    P    P    P   --   --   --   --    P    P    P
  Macau from 12-20-99...........  --   --   --    P   --   --   --   --   --   --   --   --    P   --   --   --   --   --   --   --   --   --    P   --
China...........................  --   --   --    P   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --
  (Taiwan only)*................   P   --   --    P   --   --   --   --   --    P    P   --    P    S    S   --   --   --   --   --   --   --   --   --
Colombia........................   S    P    P    P    P    P    P   --   --    P   --    P    P    P    P    P    P    P    P    P    P    P    P    P
Comoros.........................  --    P    P   --    P    P    P   --   --   --   --    P    S   --   --   --   --   --   --    P    P    P    S    P
``Congo, Dem. Rep. of''.........  --    P    P    P    P    P    P   --   --    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
``Congo, Republic of''..........   2    P    P   --    P    P    P    P   --    P    P    P    P    P    P    P    P   --    P    P    P    P   --    P
Cook Islands....................  --   --   --   --   --    P    P   --   --   --   --   --   --   --   --   --   --   --   --    P    P   --   --   --
Costa Rica......................  --    P    P    P    P    P    P   --   --    P   --    P    P    P    P    P    P    P    P    P    P    P    P    P
Cote D'Ivoire...................   2    P    P    P    P    P    P    P   --    P    P    P    P    P    P    P    P   --   --    P    P    P    P    P
Croatia.........................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Cuba............................   P    P    P    P    P    P    P    P   --    P    P    P    P   --   --   --   --   --    P    P    P    P    P    P
Cyprus..........................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Czech Republic..................   2    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P   --   --    P    P    P    P    P
Denmark.........................   P    P    P    P    P    P    P    S    P    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P
Djibouti........................  --    P    P   --    P    P    P    P   --   --    P    P   --    P    P    P    P   --   --    P    P    P    P    P
Dominica........................   P    P    P   --    P    P    P   --   --    1    P    P   --    P    P    P    P    P    P    P    P    P    P   --
Dom. Republic...................   S    P    P    S    P    P    P   --   --    P    P    P    P    P    P    P    P    P    P    P    P    P    S    P
Ecuador.........................   P    P    P    P    P    P    P    P   --    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P
Egypt...........................   P    P    P    P    P    P    P    P   --    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
El Salvador.....................  --    P   --    P   --    P    P   --   --    S    S    P    P    P    P    P    P    P    P    P    P    P    P    P
Equatorial Guinea...............  --    P    P   --    P    P    P   --   --   --   --    P    P    P    P    P    P   --    P    P    P    P    P    P
Eritrea.........................  --    P    P   --    P    P    P   --   --   --   --    P    P    P    P   --   --   --    P   --   --    P   --    P
Estonia.........................   2    P    P    P    P    P    P   --    P   --   --    P    P    P    P    P    P   --   --    P    P    P    P    P
Ethiopia........................   P   --    P    P    P    P    P    P   --    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Fiji............................   P    P    P    P    P    P    P   --   --    P    P    P    P   --   --    P    P   --    P   --   --    P   --    P
Finland.........................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
France..........................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Gabon...........................  --    P    P    P    P    P    P   --   --    P   --    P    P    P    P    P    P   --   --    P    P    P    P    P
Gambia..........................   1    P    P    P    P    P    P   --   --   --    1    P    P    P    P    P    P   --    P    P    P    P    S    P
Georgia.........................  --    P    P    P    P    P    P   --    P   --   --    P    P    P    P    P    P   --    P    P    P    P    P    P
Germany.........................   P    P    P    P    P    P    P   --    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Ghana...........................   2    P    P    P    P    P    P   --   --    P    P    P    P    P    P    P    P   --   --    P    P    P    P    P
Greece..........................   P    P    P    P    P    P    P   --   --    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Grenada.........................   1    P    P    1    P    P    P   --   --    1    1    P    S    P    P   --   --    P   --    P    P    P   --    P
Guatemala.......................   P    P    P    P    P    P    P   --   --    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P
Guinea..........................   P    P    P    P    P    P    P    P   --    P    P    P    P    P    P    P    P   --   --    P    P    P    P    P
Guinea-Bissau...................  --    P   --   --    P    P    P   --   --   --   --    P    S    S    P    P    P   --   --    P    P    P    S    P
Guyana..........................   1    P    P   --    P    P    P   --   --   --    1    P    P    P    P   --   --   --    P    P    P    P    P    P
Haiti...........................   2    P    P    P    P    P    P    P   --    P    P    P    P    P   --    P    P    P   --   --   --    P   --    P
Holy See........................  --   --   --   --   --    P    P   --   --   --   --   --    P   --   --    P    P   --   --    P    P   --    P    P
Honduras........................  --    P    P    P    P    P    P    P   --   --   --    P    P    P    P    P    P    P    P    P    P    P    P    P
Hungary.........................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Iceland.........................  --    P    P    P    P    P    P   --    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
India...........................   P    P   --    P   --    P    P    P   --    P    P    P    P    P    P   --   --   --   --   --   --    P    S    P
Indonesia.......................  --    P    P   --    P    P    P   --   --    P   --    P    P   --   --   --   --   --    P   --   --    P    P    P
Iran............................   S    P   --    P   --    P    P    S   --   --    P    P    P    P    P    P    P   --   --    S   --   --    S    P
Iraq............................   P    P   --    P    P    P    P    P   --   --    P    P    P    P    P   --   --   --    P   --   --    P   --    P
Ireland.........................   P    P    P    P    P    P    P   --    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Israel..........................   P    P    P    P    P    P    P    P   --    P    P    P    P    P    P    P    P   --    P   --   --    P    P    P
Italy...........................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Jamaica.........................   P    P    P    P    P    P    P   --   --    P    P    P    P    P    P    P    P    P   --    P    P    P   --    P
Japan...........................  --    P    P   --    P    P    P    P   --    P   --   --    P    P    P    P    P   --    P   --   --    P    P    P
Jordan..........................   P    P   --    P    P    P    P    P   --    P    P    P    P    P    P   --   --   --    P    P    P    P    P    P
Kazakhstan......................  --    P    P    P    P    P    P   --   --    P   --    P    P   --   --    P    P   --    P    P    P    P    P    P
Kenya...........................  --    P   --   --    P    P    P   --   --   --   --    P    P    P    P    P    P   --    P    P    P    P    P    P
Kiribati*.......................   1    P    P   --    P    P    P   --   --    1    1    P   --    1    1   --    1   --   --   --   --   --   --    P
Korea, Dem. Rep. of*............  --   --   --    P   --    P    P   --   --   --   --   --   --    P    P   --   --   --   --    P   --    P   --    P
Korea, Rep. of..................  --   --   --    P   --    P    P    P   --    P   --   --    P    P    P    P    P   --    P    P    P    P    P    P
Kuwait..........................   P    P    P    P   --    P    P    P   --   --    P    P    P    P    P   --   --   --    P    P    P    P    P    P
Kyrgyzstan......................   P    P    P    P    P    P    P    P   --    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Laos............................  --    P   --    P   --    P    P    P   --    P    P   --    P    S    S   --   --   --   --    P    P    P   --    P
Latvia..........................   2   --    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P   --   --    P    P    P    P    P
Lebanon.........................   2    P   --    P    P    P    P   --   --    P   --    P    P    P    P   --   --   --   --    P    P    P    P    P
Lesotho.........................   P    P    P    P    P    P    P   --   --    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Liberia.........................   P    P    P    P    P    P    P    S   --    S    S    P    P    S    S    P    P   --   --    P    P    P   --    P
Libya...........................   P    P    P    P    P    P    P    P   --    P    P    P    P    P    P   --   --   --    P    P    P    P    P    P
Liechtenstein*..................  --   --   --    P   --    P    P   --    P   --   --   --    P    P    P    P    P   --   --    P    P    P    P    P
Lithuania.......................   S    P    P    P    P    P    P   --    P   --   --    P    P    P    P    P    P   --    P    P    P    P    P    P
Luxembourg......................  --    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Macedonia, F.Y.R.O..............   2    P    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P   --    P    P    P    P    P    P
Madagascar......................   P    P    P   --    P    P    P    S   --    P    P   --    P    P   --   --    P    P    P    P    P    P    S    P
Malawi..........................   P    P    P   --    P    P    P    P   --    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Malaysia........................  --    P   --    P    P    P    P   --   --   --    P   --   --   --   --   --   --   --    P   --   --    P   --    P
Maldives*.......................  --   --   --    P   --    P    P   --   --   --   --   --    P   --   --   --   --   --   --    P    P    P   --    P
Mali............................   P    P    P    P    P    P    P    P   --    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Malta...........................   P    P    P   --    P    P    P   --    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Marshall Islands*...............  --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --    P
Mauritania......................   P    P    P   --    P    P    P    P   --    P    P    P    P   --   --    P    P   --    P    P    P    P   --    P
Mauritius.......................   P    P   --   --    P    P    P   --   --    P    P    P    P    P    P   --   --   --    P    P    P    P    P    P
Mexico..........................   P    P    P    P   --    P    P    P   --    P    P    P    P    P    P    P    P    P   --    P   --    P    P    P
Micronesia*.....................  --   --   --   --   --    P    P   --   --   --   --   --   --   --   --   --   --   --   --    P    P   --   --    P
Moldova.........................  --    P    P    P    P    P    P   --    P    P   --    P    P    P    P    P    P   --    P    P    P    P    P    P
Monaco*.........................   P   --   --    P   --    P    P   --   --   --   --   --    P    P    P    P   --   --   --    P    P   --    P    P
Mongolia........................   P   --    P    P    P    P    P   --   --    P    P   --    P    P    P   --   --   --   --    P    P    P    P    P
Morocco.........................   P    P   --    P    P    P    P    P   --    P    P    P    P    P    P    P    P   --    P    S    S    P    P    P
Mozambique......................  --   --    P    P    P    P    P   --   --   --   --    P    P   --    P    P   --   --    P    P    P    P    P    P
Namibia.........................  --    P    P    P    P    P    P   --   --   --   --    P    P    P    P    P   --   --    P    P    P    P    P    P
Nauru*..........................  --   --   --   --   --   --   --   --   --   --   --   --    S    S   --   --   --   --   --   --   --   --    S    P
Nepal...........................   P    P   --    P    P    P    P    P   --    P    P   --    P    P    P   --   --   --    P   --   --    P    P    P
Netherlands.....................   P    P    P    P    P    P    P   --    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
New Zealand.....................   P    P   --    P   --    P    P   --   --    P    P    P    P    P    P    P    P   --   --    P    P    P    P    P
Nicaragua.......................   P    P    P    P    P    P    P   --   --    P    P    P    P    P    P    P    P    P    P    P    P    P    S    P
Niger...........................   P    P    P   --    P    P    P    P   --    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Nigeria.........................   P    P    P   --    P    P    P   --   --    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Niue............................  --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --    P
Norway..........................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Oman*...........................  --    P   --   --   --    P    P   --   --   --   --   --    P   --   --   --   --   --   --    P    P   --   --    P
Pakistan........................   P    P    P    P    P    P    P    P   --    P    P    P    P   --   --   --   --   --   --    S    S    P   --    P
Palau...........................  --   --   --   --   --    P    P   --   --   --   --   --   --   --   --   --   --   --   --    P    P   --   --    P
Panama..........................   S    P    P    P    P    P    P   --   --   --   --    P    P    P    P    P    P    P    P    P    P    P    P    P
Papua New Guinea................   P    P    P    P    P    P    P   --   --    P   --    P    P   --   --    P    P   --    P   --   --    P   --    P
Paraguay........................  --    P    P    P    P    P    P   --   --    P   --    P    S    P    P    P    P    P   --    P    P    P    P    P
Peru............................  --    P    P    P    P    P    P   --   --    P    S    P    P    P    P    P    P    P    P    P    P    P    P    P
Philippines.....................   P   --    P    P    P    P    P    P   --    P    P    P    P    P    P    P    P   --    P    S    P    P    P    P
Poland..........................   2    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Portugal........................   2    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Qatar...........................  --    P   --   --   --    P    P   --   --   --   --   --    P   --   --   --   --   --   --    P   --   --    P    P
Romania.........................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Russia..........................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Rwanda..........................  --    P    P    P    P    P    P   --   --   --   --    P    P    P    P    P    P   --    P    P    P    P   --    P
Samoa*..........................  --   --   --   --   --    P    P   --   --   --   --   --   --   --   --    P    P   --   --    P    P    P   --    P
San Marino......................  --    P    P   --    P    P    P   --    P   --    P    P    P    P    P   --   --   --    P    P    P   --    S    P
Sao Tome & Principe.............  --   --    P   --    P    P    P   --   --   --   --   --    S    S    S    P    P   --   --    P    P    S    S    P
Saudi Arabia....................   P    P   --    P   --    P    P   --   --   --    P    P    P   --   --   --   --   --   --    P    P    P    P    P
Senegal.........................   2    P    P    P    P    P    P    P   --    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Serbia & Montenegro.............  --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --   --    P   --   --
Seychelles......................   2    P    P    P    P    P    P    P   --    1    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Sierra Leone....................   P    P    P   --    P    P    P   --   --    P    P    P    P    P    P    P    P   --   --    P    P    P    P    P
Singapore.......................  --    P   --    P    P    P    P    P   --   --    P   --   --   --   --   --   --   --   --   --   --    P   --    P
Slovak Republic.................   2    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Slovenia........................  --    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Solomon Islands.................   P    P   --   --   --    P    P   --   --    P    P   --    1   --    1    P    P   --   --    P    P    P   --    P
Somalia.........................  --    P   --   --   --    P    P   --   --   --   --    P    P    P    P    P   --   --   --   --   --    P    P    S
South Africa*...................   P    P    P    P    P    P    P    P   --    S   --    P    P    P    S    P    P   --    P    P    P    P    P    P
Spain...........................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Sri Lanka.......................   P    P    P    P    P    P    P    P   --   --    P    P    P    P    P   --   --   --    P   --   --    P    P    P
St. Kitts & Nevis*..............   1    P    P   --    P    P    P   --   --    1    1    P   --   --   --    P   --   --   --    P    P    P   --    P
St. Lucia.......................   P    P    P    1    P    P    P   --   --    1    P    P    P   --   --   --   --   --   --    P    P    P   --    P
St. Vincent*....................   P    P    P    P    P    P    P   --   --    P    P    P    P    P    P    P   --   --   --    P    P    P    P    P
Sudan...........................   P    P   --   --    P    P    P   --   --   --    P    P    P    P    P    P    P   --   --   --   --   --    S    P
Suriname........................   2    P    P   --    P    P    P   --   --    1    P    P    P    P    P    P    P    P   --    P    P    P   --    P
Swaziland.......................   1    P    P   --    P    P    P   --   --    P    1    P    P   --   --    P    P   --    P    P    P   --   --    P
Sweden..........................   P    P    P    P    P    P    P   --    P    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P
Switzerland.....................   P    P    P    P    P    P    P   --    P   --    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Syria...........................   P    P    P    P    P    P    P    P   --   --    P    P    P    P    P   --   --   --    P    P   --   --   --    P
Tajikistan*.....................  --    P    P   --    P    P    P    P   --    P   --    P    P    P    P    P    P   --    P    P    P    P    P    P
Tanzania........................   P    P    P    P    P    P    P   --   --    P    P    P    P    P    P    P    P   --    P    P    P    P   --    P
Thailand........................  --    P   --   --   --    P    P   --   --    P   --    P    P    P    P   --   --   --   --   --   --    P   --    P
Togo............................   2    P    P    P    P    P    P    P   --   --    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Tonga*..........................   1   --   --    P   --    P    P   --   --    1    1    1    P   --   --   --   --   --   --    P    P   --   --    P
Trinidad & Tobago...............   P    P    P   --    P    P    P   --   --    P    P    P    P    P    P    P    P    P   --    P    P    P   --    P
Tunisia.........................   P    P    P    P    P    P    P   --   --    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Turkey..........................   P    P    P    P    P    P    P   --    P    P    P    P    P    S    S    P    P   --    P   --   --    P    P    P
Turkmenistan....................   P    P    P   --    P    P    P   --   --    P    P    P    P    P    P    P    P   --   --    P    P    P    P    P
Tuvalu*.........................   1   --   --   --   --    P    P   --   --    1    1   --   --    1   --    P    P   --   --   --   --    P   --    P
Uganda..........................   P    P   --    P    P    P    P   --   --    P    P    P    P    P    P    P    P   --   --    P    P    P    P    P
Ukraine.........................   P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
United Arab Emir................  --    P   --   --   --    P    P   --   --   --   --    P    P   --   --   --   --   --    P    P    P   --   --    P
United Kingdom..................   P    P    P    P    P    P    P   --    P    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
United States...................   P   --   --    P   --    P    P   --   --    P    P    P    P    P    S   --    P    S   --    S    S    S    P    S
Uruguay.........................   P    P    P    P    P    P    P   --   --    S    P    P    P    P    P    P    P    P    P    P    P    P    P    P
Uzbekistan......................  --    P   --    P    P    P   --   --    P   --    P    P    P    P   --   --   --   --    P    P    P    P    P    P
Vanuatu*........................  --   --   --   --   --    P    P   --   --   --    1   --   --   --   --   --   --   --   --    P    P    P   --    P
Venezuela.......................  --    P    P    P    P    P    P    P   --    P   --    P    P    P    P   --    P    P    P    P    P    P    P    P
Vietnam*........................   P   --   --    P   --    P    P   --   --   --   --   --    P    P    P   --   --   --   --    P   --    P   --    P
Yemen...........................   P    P    P    P    P    P    P    P   --    P   --    P    P    P    P    P    P   --    P    P    P    P    P    P
Yugoslavia......................   P    P    P    P    P    P    P    P   --    P    P   --    P    P    P    P    P   --    P    P    P    P    P    P
Zambia..........................   P    P    P   --    P    P    P   --   --    P    P    P    P    P    P    P    P   --    P    P    P    P    P    P
Zimbabwe........................   1    P   --    P    P    P    P    P   --    P    P    P    P    P    P    P    P   --    P    P    P    P   --    P
--------------------------------------------------------------------------------------------------------------------------------------------------------
P = Party  S = Signatory  * designates a non-ILO member
1 = Based on general declaration concerning treaty obligations prior to independence.
2 = Party to 1926 Convention only.

========================================================================================================================================================

Key to Human Rights Conventions:  A--Slavery  B--ILO Convention 29  C--ILO Convention 87  D-- Genocide  E--ILO Convention 98  F--Prisoners of War  G--
  Civilians in War  H--Traffic in Persons  I--European HR Conv.  J--Pol. Rights of Women  K--Suppl. Slavery Conv.  L--ILO Convention 105  M--Racial
  Discrimination  N--Civil and Pol. Rights  O--Econ./Soc./Cul. Rights  P--UN Refugee Convention  Q--UN Refugee Protocol  R--American HR Conv.  S--ILO
  Convention 138  T--Geneva Protocol I  U--Geneva Protocol II  V--Disc. Against Women  W--Torture  X--Rights of the Child
--------------------------------------------------------------------------------------------------------------------------------------------------------

                               APPENDIX D

                 International Human Rights Conventions

    A.  Convention to Suppress the Slave Trade and Slavery of September 
25,1926, as amended by the Protocol of December 7, 1953.

    B.  Convention Concerning Forced Labor of June 28, 1930 (ILO 
Convention 29).

    C.  Convention Concerning Freedom of Association and Protection of 
the Right to Organize of July 9, 1948 (ILO Convention 87).

    D.  Convention on the Prevention and Punishment of the Crime of 
Genocide of December 9, 1948.

    E.  Convention Concerning the Application of the Principles of the 
Right to Organize and Bargain Collectively of July 1, 1949 (ILO 
Convention 98).

    F.  Geneva Convention Relative to the Treatment of Prisoners of War 
of August 12, 1949.

    G.  Geneva Convention Relative to the Protection of Civilian 
Persons in Time of War of August 12, 1949.

    H.  Convention for the Suppression of the Traffic in Persons and of 
the Exploitation of the Prostitution of Others of March 21, 1950.

    I.  European Convention for the Protection of Human Rights and 
Fundamental Freedoms of November 4, 1950.

    J.  Convention on the Political Rights of Women of March 31, 1953.

    K.  Supplementary Convention on the Abolition of Slavery, the Slave 
Trade, and Institutions and Practices Similar to Slavery of September 
7, 1956.

    L.  Convention Concerning the Abolition of Forced Labor of June 25, 
1957 (ILO Convention 105).
    M.  International Convention on the Elimination of All Forms of 
Racial Discrimination of December 21, 1965.

    N.  International Covenant on Civil and Political Rights of 
December 16, 1966.

    O.  International Covenant on Economic, Social and Cultural Rights 
of December 16, 1966.

    P.  Convention Relating to the Status of Refugees of July 28, 1951.

    Q.  Protocol Relating to the Status Of Refugees of January 31, 
1967.

    R.  American Convention on Human Rights of November 22, 1969.

    S.  Convention Concerning Minimum Age for Admission to Employment 
of June 26, 1973 (ILO Convention 138).

    T.  Protocol Additional to the Geneva Conventions of August 12, 
1949, and Relating to the Protection of Victims of International Armed 
Conflicts (Protocol I), of June 8, 1977.

    U.  Protocol Additional to the Geneva Conventions of August 12, 
1949, and Relating to the Protection of Victims of Non-International 
Armed Conflicts (Protocol II), of June 8, 1977.

    V.  Convention on the Elimination of All Forms of Discrimination 
Against Women of December 18, 1979.

    W.  Convention Against Torture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment of December 10, 1984.

    X.  Convention on the Rights of the Child of November 20, 1989.

                                                APPENDIX E.--U.S. Economic and Security Assistance Country/Account Summaries (`Spigots') FY 2002
                                                                                        ($ in thousands)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                               Peace
     Countries/Accounts          CSH         DA        ESF        FMF        FSA      IMET      INCLE      MRA       NADR      Corps       PKO        SEED       Other       Total     P.L.  480
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Africa
  Africa Crisis Response             --         --         --         --        --        --        --        --         --         --     15,000         --          --      15,000          --
   Training.................
  Africa Regional...........     44,233     63,660         --         --        --        --     7,500        --         --         --         --         --          --     115,393      46,394
  Africa Regional Fund......         --         --     49,000         --        --        --        --        --         --         --         --         --          --      49,000          --
  Africa Regional                    --         --         --         --        --        --        --        --         --         --     39,905         --          --      39,905          --
   Peacekeeping.............
  African Development Bank..         --         --         --         --        --        --        --        --         --         --         --         --       5,100       5,100          --
  African Development                --         --         --         --        --        --        --        --         --         --         --         --      16,542      16,542          --
   Foundation...............
  African Development Fund..         --         --         --         --        --        --        --        --         --         --         --         --     100,000     100,000          --
  Agriculture Initiative....         --      5,000         --         --        --        --        --        --         --         --         --         --          --       5,000          --
  Angola....................      6,056      5,118         --         --        --        --        --        --      2,870         --         --         --          --      14,044      31,616
  Anti-Corruption Initiative         --        300         --         --        --        --        --        --         --         --         --         --          --         300          --
  ATA Regional-Africa.......         --         --         --         --        --        --        --        --      2,639         --         --         --          --       2,639          --
  Benin.....................      7,743      8,982         --         --        --       502        --        --         --      2,280         --         --          --      19,507       4,687
  Botswana..................         --         --         --      1,000        --       692        --        --         --        215         --         --          --       1,907          --
  Burkina Faso..............         --         --         --         --        --        --        --        --         --      1,824         --         --          --       1,824      10,345
  Burundi...................        400      4,200         --         --        --        --        --        --         --         --         --         --          --       4,600       2,496
  Cameroon..................         --         --         --         --        --       193        --        --         --      2,861         --         --          --       3,054         284
  Cape Verde................         --         --         --         --        --       146        --        --         --      1,258         --         --          --       1,404       3,774
  Central African Republic..         --         --         --         --        --       128        --        --         --         --         --         --          --         128         760
  Chad......................         --         --         --         --        --       216        --        --        350         --         --         --          --         566       3,743
  Cote d'Ivoire.............         --         --         --         --        --        --        --        --         --      2,952         --         --          --       2,952          --
  Countries in Transition...         --         --     40,000         --        --        --        --        --         --         --         --         --          --      40,000          --
  Democratic Republic of         21,178      4,773         --         --        --        --        --        --         --         --         --         --          --      25,951      11,555
   Congo....................
  Djibouti..................         --         --         --      1,500        --       163        --        --        404         --         --         --          --       2,067       1,059
  Education for Development          --      5,000     15,000         --        --        --        --        --         --         --         --         --          --      20,000          --
   and Democracy............
  Education Initiative......         --     10,000         --         --        --        --        --        --         --         --         --         --          --      10,000          --
  Eritrea...................      5,350      5,558         --        250        --       340        --        --      1,602         --         --         --          --      13,100       5,564
  Ethiopia..................     23,057     20,200         --      2,250        --       445        --        --      1,275         --         --         --          --      47,227      58,423
  Gabon.....................         --         --         --         --        --       157        --        --         --      2,085         --         --          --       2,242          --
  Gambia....................         --         --         --         --        --        48        --        --         --      1,674         --         --          --       1,722         136
  Ghana.....................     18,655     15,963         --        400        --       482        --        --         --      2,465         --         --          --      37,965      12,407
  Guinea....................      6,700     15,442         --         --        --       266        --        --        103      2,478         --         --          --      24,989       6,818
  Guinea-Bissau.............         --         --         --         --        --        69        --        --         --         --         --         --          --          69       1,298
  Kenya.....................     27,563     13,547         --     15,000        --       486        --        --         --      3,205         --         --          --      59,801      17,682
  Lesotho...................         --         --         --         --        --        96        --        --         --      1,978         --         --          --       2,074          --
  Liberia...................      1,600      3,725         --         --        --        --        --        --         --         --         --         --          --       5,325       5,643
  Madagascar................      8,725     10,540         --         --        --       208        --        --         --      2,000         --         --          --      21,473       8,503
  Malawi....................     15,540     13,829         --         --        --       385        --        --         --      2,242         --         --          --      31,996      13,699
  Mali......................     14,488     21,688         --         --        --       342        --        --         --      2,741         --         --          --      39,259       1,355
  Mauritania................         --         --         --         --        --       130        --        --         --      1,733         --         --          --       1,863       3,213
  Mauritius.................         --         --         --         --        --        93        --        --         --         --         --         --          --          93          --
  Mozambique................     17,677     22,438         --         --        --       153        --        --      2,259      1,494         --         --          --      44,021      18,448
  MRA Africa................         --         --         --         --        --        --        --   187,500         --         --         --         --          --     187,500          --
  Namibia...................      1,850      8,183         --         --        --       208        --        --         65      1,762         --         --          --      12,068          --
  Niger.....................         --         --         --         --        --       132        --        --         --      2,202         --         --          --       2,334      10,214
  Nigeria...................     36,066     21,968         --      6,000        --       750        --        --      1,449         --         --         --          --      66,233          --
  REDSO/ESA.................      9,475     15,859         --         --        --        --        --        --         --         --         --         --          --      25,334          --
  Regional Center for South          --     20,117         --         --        --        --        --        --         --         --         --         --          --      20,117          --
   Africa...................
  Regional Organizations....         --         --      4,000         --        --        --        --        --         --         --         --         --          --       4,000          --
  Republic of the Congo.....         --         --         --         --        --       140        --        --         --         --         --         --          --         140          --
  Rwanda....................     12,100      6,402         --         --        --        --        --        --        350         --         --         --          --      18,852      14,498
  Safe Skies................         --         --      3,000         --        --        --        --        --         --         --         --         --          --       3,000          --
  Sao Tome and Principe.....         --         --         --         --        --       112        --        --         --         --         --         --          --         112          --
  Senegal...................     15,005     13,950         --        400        --       931        --        --         92      3,001         --         --          --      33,379       1,790
  Seychelles................         --         --         --         --        --        40        --        --         --         --         --         --          --          40          --
  Sierra Leone..............        841      6,413      9,000         --        --       177        --        --         --         --         --         --          --      16,431      24,355
  Somalia...................        500      2,267         --         --        --        --        --        --      1,200         --         --         --          --       3,967      19,729
  South Africa..............     20,404     37,304         --      6,700        --     1,471        --        --         --      2,152         --         --          --      68,031          --
  Sudan.....................        500     10,631         --         --        --        --        --        --         --         --         --         --          --      11,131      60,190
  Swaziland.................         --         --         --         --        --        84        --        --         --         --         --         --          --          84          --
  Tanzania..................     16,700      8,108         --         --        --       275        --        --         --      2,652         --         --          --      27,735       4,827
  Togo......................         --         --         --         --        --        83        --        --         --      2,143         --         --          --       2,226          --
  Uganda....................     33,650     24,724         --         --        --        --        --        --         --      1,119         --         --          --      59,493      22,591
  West Africa Regional......     19,473     10,773         --         --        --        --        --        --         --         --         --         --          --      30,246       1,173
  Zambia....................     30,700     14,822         --         --        --       189        --        --        816      2,859         --         --          --      49,386       8,060
  Zimbabwe..................      6,450      2,512         --         --        --        --        --        --         --        339         --         --          --       9,301      25,522
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Africa................    422,679    453,996    120,000     33,500        --    10,332     7,500   187,500     15,474     53,714     54,905         --     121,642   1,481,242     462,851
================================================================================================================================================================================================
East Asia and the Pacific
  ATA Regional-East Asia and         --         --         --         --        --        --        --        --      5,472         --         --         --          --       5,472          --
   the Pacific..............
  Burma.....................         --         --      6,500         --        --        --        --        --         --         --         --         --          --       6,500          --
  Cambodia..................     15,000         --     20,000         --        --        --        --        --      2,290         --         --         --          --      37,290       1,085
  China.....................         --         --         --         --        --        --        --        --         --      1,595         --         --          --       1,595          --
  China Rule of Law.........         --         --      5,000         --        --        --        --        --         --         --         --         --          --       5,000          --
  East Asia and Pacific              --         --      3,500         --        --        --        --        --         --         --         --         --          --       3,500          --
   Environmental Initiative.
  East Timor................         --         --     25,000      1,000        --        43        --        --         --        612      7,103         --          --      33,758          --
  Indonesia.................     35,568     38,704     50,000         --        --       405     4,000        --      8,000         --         --         --          --     136,677       5,670
  KEDO......................         --         --         --         --        --        --        --        --     90,500         --         --         --          --      90,500          --
  Kiribati..................         --         --         --         --        --        --        --        --         --      1,037         --         --          --       1,037          --
  Laos......................      1,000      1,000         --         --        --        --     4,200        --      1,328         --         --         --          --       7,528         513
  Malaysia..................         --         --         --         --        --       831        --        --        150         --         --         --          --         981          --
  Micronesia................         --         --         --         --        --        --        --        --         --      1,735         --         --          --       1,735          --
  Mongolia..................         --         --     12,000      2,000        --       686        --        --         --      1,710         --         --          --      16,396          --
  MRA East Asia.............         --         --         --         --        --        --        --    15,625         --         --         --         --          --      15,625          --
  Papua New Guinea..........         --         --         --         --        --       206        --        --         --         --         --         --          --         206          --
  Philippines...............     25,599     24,459     33,000     44,000        --     2,025        --        --         95      2,169         --         --          --     131,347          --
  Regional Democracy........         --         --      5,000         --        --        --        --        --         --         --         --         --          --       5,000          --
  Regional Security Fund....         --         --        250         --        --        --        --        --         --         --         --         --          --         250          --
  Regional Women's Issues...         --         --      4,000         --        --        --        --        --         --         --         --         --          --       4,000          --
  Samoa.....................         --         --         --         --        --       113        --        --         --      1,212         --         --          --       1,325          --
  Solomon Islands...........         --         --         --         --        --       146        --        --         --         28         --         --          --         174          --
  South Pacific Fisheries...         --         --     14,000         --        --        --        --        --         --         --         --         --          --      14,000          --
  Thailand..................      1,000        750         --      1,300        --     1,748     4,000        --        720      1,267         --         --          --      10,785          --
  Tonga.....................         --         --         --         --        --       115        --        --         --      1,043         --         --          --       1,158          --
  Vanuatu...................         --         --         --         --        --        95        --        --         --      1,212         --         --          --       1,307          --
  Vietnam...................      4,106      6,950         --         --        --        --        --        --      1,520         --         --         --          --      12,576          --
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total East Asia and the          82,273     71,863    178,250     48,300        --     6,413    12,200    15,625    110,075     13,620      7,103         --          --     545,722       7,268
 Pacific....................
================================================================================================================================================================================================
Europe and Eurasia
  Albania...................         --         --         --      4,000        --       866        --        --        450         --         --     35,250          --      40,566          --
  Armenia...................         --         --         --      4,000    90,200        75        --        --      1,800      1,417         --         --          --      97,492         911
  ATA Regional-Europe and            --         --         --         --        --        --        --        --     19,666         --         --         --          --      19,666          --
   Eurasia..................
  Azerbaijan................         --         --         --      4,000    43,510       377        --        --      4,880         --      1,000         --          --      53,767       2,239
  Belarus...................         --         --         --         --    10,572        --        --        --         --         --         --         --          --      10,572          --
  Bosnia and Herzegovina....         --         --         --      2,250        --       800        --        --         --         --         --     65,005          --      68,055          --
  Bulgaria..................         --         --         --      8,500        --     1,212        --        --      1,390      2,158         --     34,100          --      47,360          --
  Croatia...................         --         --         --      5,000        --       593        --        --         40         --         --     44,000          --      49,633          --
  Cyprus....................         --         --     15,000         --        --        --        --        --         55         --         --         --          --      15,055          --
  Czech Republic............         --         --         --     10,000        --     1,800        --        --        200         --         --         --          --      12,000          --
  Estonia...................         --         --         --      6,250        --     1,036        --        --        268        373         --         --          --       7,927          --
  European Bank for                  --         --         --         --        --        --        --        --         --         --         --         --      35,779      35,779          --
   Reconstruction and
   Development..............
  Federal Republic of                --         --         --         --        --        --        --        --         --         --         --    165,000          --     165,000       1,738
   Yugoslavia...............
  Georgia...................         --         --         --     31,000    89,807       889        --        --      1,100      1,182        340         --          --     124,318          --
  Greece....................         --         --         --         --        --       499        --        --         --         --         --         --          --         499          --
  Hungary...................         --         --         --     10,000        --     1,789        --        --        240         --         --         --          --      12,029          --
  International Fund for             --         --     25,000         --        --        --        --        --         --         --         --         --          --      25,000          --
   Ireland..................
  Irish Visa Program........         --         --      5,000         --        --        --        --        --         --         --         --         --          --       5,000          --
  Kazakhstan................         --         --         --      4,750    47,315       893        --        --      2,655      2,254         --         --          --      57,867          --
  Kosovo....................        131         --         --         --        --        --        --        --         --         --         --    118,000          --     118,131          --
  Kyrgyz Republic...........         --         --         --     11,000    71,989       600        --        --         --      1,063         --         --          --      84,652          --
  Latvia....................         --         --         --      6,250        --     1,047        --        --      1,113        363         --         --          --       8,773          --
  Lithuania.................         --         --         --      6,593        --     1,019        --        --        748        362         --         --          --       8,722          --
  Macedonia.................         --         --         --     10,500        --       579        --        --        180        341         --     49,506          --      61,106          --
  Malta.....................         --         --         --      1,000        --       295        --        --        119         --         --         --          --       1,414          --
  Moldova...................         --         --         --      1,250    35,946       889        --        --         --      1,757         --         --          --      39,842          --
  MRA Europe................         --         --         --         --        --        --        --    81,520         --         --         --         --          --      81,520          --
  NIS Regional Export                --         --         --         --        --        --        --        --        500         --         --         --          --         500          --
   Controls.................
  OSCE Bosnia...............         --         --         --         --        --        --        --        --         --         --     20,022         --          --      20,022          --
  OSCE Croatia..............         --         --         --         --        --        --        --        --         --         --      2,900         --          --       2,900          --
  OSCE Kosovo...............         --         --         --         --        --        --        --        --         --         --     15,400         --          --      15,400          --
  OSCE Regional-Europe......         --         --         --         --        --        --        --        --         --         --     12,275         --          --      12,275          --
  Poland....................         --         --         --     12,000        --     1,891        --        --        300         --         --         --          --      14,191          --
  Portugal..................         --         --         --         --        --       720        --        --         --         --         --         --          --         720          --
  Regional FSA..............         --         --         --         --    68,681        --        --        --         --         --         --         --          --      68,681          --
  Regional SEED.............         --         --         --         --        --        --        --        --         --         --         --     74,139          --      74,139          --
  Romania...................         --         --         --      9,000        --     1,356        --        --      1,336      3,178         --     36,000          --      50,870          --
  Russia....................         --         --         --         --   159,083        --        --        --      1,500      3,734         --         --          --     164,317          --
  Science Centers/Bio                --         --         --         --        --        --        --        --     67,000         --         --         --          --      67,000          --
   Redirection..............
  Slovakia..................         --         --         --      7,750        --       845        --        --        407        616         --         --          --       9,618          --
  Slovenia..................         --         --         --      4,000        --       827        --        --        350         --         --         --          --       5,177          --
  Tajikistan................         --         --         --      3,700    56,372       259        --        --      7,500         --         --         --          --      67,831      26,227
  Turkey....................         --         --    200,000     48,000        --     2,756        --        --      2,200         --         --         --          --     252,956          --
  Turkmenistan..............         --         --         --         --    11,398       388        --        --      7,000        893         --         --          --      19,679          --
  Ukraine...................         --         --         --      4,000   154,937     1,638        --        --        800      4,252      1,000         --          --     166,627          --
  Uzbekistan................         --         --  -- 36,207    118,190       880        --  -- 4,300       828         --         --         --         --
                                                                                                                                          160,405
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Europe and Eurasia....        131         --    245,000    251,000   958,000    26,818        --    81,520    128,097     24,771     52,937    621,000      35,779   2,425,053      31,115
================================================================================================================================================================================================
Near East
  Algeria...................         --         --         --         --     -- 67        --        --        --         --         --         --      -- 67       2,009
  ATA Regional-Near East             --         --         --         --        --        --        --        --     11,272         --         --         --          --      11,272          --
   Asia.....................
  Bahrain...................         --         --         --     28,500        --       395        --        --         --         --         --         --          --      28,895          --
  Egypt.....................         --         --    655,000  1,300,000        --     1,217        --        --         50         --         --         --          --   1,956,267       3,839
  Iraq Opposition...........         --         --     25,000         --        --        --        --        --         --         --         --         --          --      25,000          --
  Israel....................         --         --    720,000  2,040,000        --        --        --        --     28,000         --         --         --          --   2,788,000          --
  Jordan....................         --         --    250,000    100,000        --     2,012        --        --      1,595      1,597         --         --          --     355,204          --
  Lebanon...................         --        600     35,000         --        --       568        --        --      1,200         --         --         --          --      37,368          --
  Middle East Democracy.....         --         --      5,000         --        --        --        --        --         --         --         --         --          --       5,000          --
  Middle East Multilaterals.         --         --      3,000         --        --        --        --        --         --         --         --         --          --       3,000          --
  Middle East Partnership            --         --     20,000         --        --        --        --        --         --         --         --         --          --      20,000          --
   Initiative...............
  Middle East Regional               --         --      5,000         --        --        --        --        --         --         --         --         --          --       5,000          --
   Cooperation..............
  Morocco...................      4,600      5,766         --      3,500        --     1,041        --        --         --      2,718         --         --          --      17,625          --
  MRA Near East.............         --         --         --         --        --        --        --   102,900         --         --         --         --          --     102,900          --
  MRA Refugees to Israel....         --         --         --         --        --        --        --    60,000         --         --         --         --          --      60,000          --
  Multinational Force and            --         --         --         --        --        --        --        --         --         --     16,015         --          --      16,015          --
   Observers................
  Oman......................         --         --         --     25,000        --       481        --        --        515         --         --         --          --      25,996          --
  Saudi Arabia..............         --         --         --         --        --        24        --        --         30         --         --         --          --          54          --
  Tunisia...................         --         --         --      3,500        --     1,013        --        --         --         --         --         --          --       4,513          --
  U.S. North Africa Economic         --         --      4,000         --        --        --        --        --         --         --         --         --          --       4,000          --
   Partnership..............
  United Arab Emirates......         --         --         --         --        --        --        --        --        350         --         --         --          --         350          --
  West Bank/Gaza............         --         --     72,000         --        --        --        --        --         --         --         --         --          --      72,000          --
  Yemen.....................         --         --      8,000     20,000        --       488        --        --        800         --         --         --          --      29,288         395
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Near East.............      4,600      6,366  1,802,000  3,520,500        --     7,306        --   162,900     43,812      4,315     16,015         --          --   5,567,814       6,243
================================================================================================================================================================================================
South Asia
  Afghanistan...............     29,000     10,701    105,250     57,256        --        --    66,000        --     43,434         --     23,949         --     191,000     526,590     159,472
  ATA Regional-South Asia...         --         --         --         --        --        --        --        --      6,882         --         --         --          --       6,882          --
  Bangladesh................     39,950     21,670      3,000         --        --       648        --        --         --        581         --         --          --      65,849      23,974
  India.....................     41,678     29,200      7,000         --        --     1,012        --        --        800         --         --         --          --      79,690      93,679
  Maldives..................         --         --         --         --        --       125        --        --         --         --         --         --          --         125          --
  MRA South Asia............         --         --         --         --        --        --        --   146,600         --         --         --         --          --     146,600          --
  Nepal.....................     20,000      7,597      3,000     14,000        --       377        --        --         --      2,111         --         --          --      47,085       2,352
  Pakistan..................     14,000     10,000    624,500     75,000        --       894    90,500        --     10,100         --    220,000         --          --   1,044,994       5,134
  South Asia Regional Funds.         --         --      3,500         --        --        --        --        --         --         --         --         --          --       3,500          --
  Sri Lanka.................        300      5,150      3,000         --        --       259        --        --         --         --         --         --          --       8,709       1,325
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
  Total South Asia..........    144,928     84,318    749,250    146,256        --     3,315   156,500   146,600     61,216      2,692    243,949         --     191,000   1,930,024     285,936
================================================================================================================================================================================================
Western Hemisphere
  Administration of Justice.         --         --      8,663         --        --        --        --        --         --         --         --         --          --       8,663          --
  Argentina.................         --         --         --      1,000        --     1,025        --        --         --         --         --         --          --       2,025          --
  ATA Regional-Western               --         --         --         --        --        --        --        --      2,531         --         --         --          --       2,531          --
   Hemisphere...............
  Bahamas...................         --         --         --        100        --       144     1,200        --         --         --         --         --          --       1,444          --
  Belize....................         --         --         --        200        --       212        --        --         --      1,464         --         --          --       1,876          --
  Bolivia...................     19,690     12,853     10,000        500        --       712    87,600        --         --      2,922         --         --          --     134,277      19,566
  Brazil....................      9,150      4,799         --         --        --       437     6,000        --         --         --         --         --          --      20,386          --
  Caribbean Regional........      3,550         --         --         --        --        --        --        --         --         --         --         --          --       3,550          --
  Centers for Educational            --         --      7,000         --        --        --        --        --         --         --         --         --          --       7,000          --
   Excellence...............
  Central American Regional.      4,000     15,792         --         --        --        --        --        --         --         --         --         --          --      19,792          --
  Chile.....................         --         --         --        500        --       570        --        --         --         --         --         --          --       1,070          --
  Colombia..................         --         --         --         --        --     1,180   379,900        --     25,000         --         --         --          --     406,080          --
  Costa Rica................         --         --         --         --        --       389        --        --         --        899         --         --          --       1,288          --
  Cuba......................         --         --      5,000         --        --        --        --        --         --         --         --         --          --       5,000          --
  Dominican Republic........      9,532      6,450      2,300        350        --       527        --        --         --      3,121         --         --          --      22,280          --
  Eastern Caribbean.........         --         --     10,800      2,000        --       672        --        --         --      2,019         --         --          --      15,491          --
  Ecuador...................         --      6,840     15,000      3,000        --       625    25,000        --        370      2,813         --         --          --      53,648       1,530
  El Salvador...............     15,653     45,640     25,200      1,000        --       814        --        --         --      2,463         --         --          --      90,770          --
  Guatemala.................     15,700     12,320     10,000         --        --       350     3,500        --         --      4,255         --         --          --      46,125      21,502
  Guyana....................      1,000      3,100         --        200        --       294        --        --         --      1,083         --         --          --       5,677          --
  Haiti.....................        638        250     30,000        300        --        14        --        --         --      1,504         91         --          --      32,797      23,128
  Honduras..................     13,177     15,430      1,000         --        --       655        --        --         --      4,081         --         --          --      34,343       6,436
  Inter-American Foundation.         --         --         --         --        --        --        --        --         --         --         --         --      13,107      13,107          --
  Inter-American Investment          --         --         --         --        --        --        --        --         --         --         --         --      18,000      18,000          --
   Corporation..............
  Jamaica...................      3,121      9,471      1,532        600        --       586     1,550        --         --      2,242         --         --          --      19,102          --
  LAC Regional..............      9,434     39,910         --         --        --        --        --        --         --         --         --         --          --      49,344          --
  Latin America Regional....         --         --         --         --        --        --    10,000        --         --         --         --         --          --      10,000          --
  Mexico....................      5,509      7,715     10,000         --        --       944    37,000        --         --         --         --         --          --      61,168          --
  MRA Western Hemisphere....         --         --         --         --        --        --        --    13,723         --         --         --         --          --      13,723          --
  Nicaragua.................      8,470     16,602      2,800        500        --       372        --        --         --      2,639         --         --          --      31,383      15,136
  OAS Development Assistance         --         --         --         --        --        --        --        --         --         --         --         --       5,500       5,500          --
   Programs.................
  OAS Fund for Strengthening         --         --         --         --        --        --        --        --         --         --         --         --       2,500       2,500          --
   Democracy................
  OAS/IADB Demining.........         --         --         --         --        --        --        --        --      1,695         --         --         --          --       1,695          --
  Panama....................         --      4,500      4,205         --        --       178     5,000        --         --      2,299         --         --          --      16,182          --
  Paraguay..................      2,525      3,600      3,500         --        --       360        --        --         --      3,228         --         --          --      13,213          --
  Peru......................     23,666     14,969     14,500         --        --       518   142,500        --        225        848         --         --          --     197,226      37,035
  Peru-Ecuador Peace........         --         --      4,500         --        --        --        --        --         --         --         --         --          --       4,500          --
  Suriname..................         --         --         --        150        --       147        --        --         --        843         --         --          --       1,140          --
  Trinidad and Tobago.......         --         --         --        300        --       132        --        --         --         --         --         --          --         432          --
  Uruguay...................         --         --         --      1,000        --       464        --        --         --         --         --         --          --       1,464          --
  Venezuela.................         --         --        500         --        --       500     5,000        --         --         --         --         --          --       6,000          --
  WHA Regional Border                --         --         --         --        --        --     4,000        --         --         --         --         --          --       4,000          --
   Control..................
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Western Hemisphere....    144,815    220,241    166,500     11,700        --    12,821   708,250    13,723     29,821     38,723         91         --      39,107   1,385,792     124,333
================================================================================================================================================================================================
Global
  Asia Regional.............         --         --         --         --        --        --     5,050        --         --         --         --         --          --       5,050          --
  Asia-Near East Regional...     16,226     46,769         --         --        --        --        --        --         --         --         --         --          --      62,995          --
  Asian Development Fund....         --         --         --         --        --        --        --        --         --         --         --         --      98,017      98,017          --
  ATA Program Management....         --         --         --         --        --        --        --        --     13,247         --         --         --          --      13,247          --
  ATA WMD Preparedness               --         --         --         --        --        --        --        --      2,000         --         --         --          --       2,000          --
   Program..................
  CT Engagement w/Allies....         --         --         --         --        --        --        --        --      3,000         --         --         --          --       3,000          --
  CTBT International                 --         --         --         --        --        --        --        --     16,566         --         --         --          --      16,566          --
   Monitoring System........
  Debt Restructuring........         --         --         --         --        --        --        --        --         --         --         --         --     229,000     229,000          --
  Demining Administrative            --         --         --         --        --        --        --        --        500         --         --         --          --         500          --
   Expenses.................
  Demining Crosscutting              --         --         --         --        --        --        --        --      3,962         --         --         --          --       3,962          --
   Initiatives..............
  Demining Mine Surveys.....         --         --         --         --        --        --        --        --      3,284         --         --         --          --       3,284          --
  Demining Research and              --         --         --         --        --        --        --        --        600         --         --         --          --         600          --
   Training.................
  Democracy, Conflict &          25,893     66,269         --         --        --        --        --        --         --         --         --         --          --      92,162          --
   Humanitarian Assistance..
  Development Credit Program-        --         --         --         --        --        --        --        --         --         --         --         --       7,500       7,500          --
   Admin. Exp...............
  DSCA Administrative Costs.         --         --         --      2,000        --        --        --        --         --         --         --         --          --       2,000          --
  E-IMET Schools............         --         --         --         --        --     2,600        --        --         --         --         --         --          --       2,600          --
  Economic Growth,                   --    182,297         --         --        --        --        --        --         --         --         --         --          --     182,297          --
   Agriculture and Trade....
  Enhanced International             --         --         --      4,000        --        --        --        --         --         --         --         --          --       4,000          --
   Peacekeeping Capabilities
  Export Control Program             --         --         --         --        --        --        --        --        445         --         --         --          --         445          --
   Administration...........
  Export Control Regional            --         --         --         --        --        --        --        --      2,580         --         --         --          --       2,580          --
   Advisors.................
  Export-Import Bank-                --         --         --         --        --        --        --        --         --         --         --         --      63,000      63,000          --
   Administrative Expenses..
  Export-Import Bank-Direct          --         --         --         --        --        --        --        --         --         --         --         --    (25,000)    (25,000)          --
   Loans, Negative Subsidies
  Export-Import Bank-Loan            --         --         --         --        --        --        --        --         --         --         --         --     727,323     727,323          --
   Subsidy..................
  FMF Administrative Costs..         --         --         --     35,000        --        --        --        --         --         --         --         --          --      35,000          --
  General Costs.............         --         --         --         --        --       395        --        --         --         --         --         --          --         395          --
  Global Development                 --     20,000         --         --        --        --        --        --         --         --         --         --          --      20,000          --
   Alliance.................
  Global Environment                 --         --         --         --        --        --        --        --         --         --         --         --     100,500     100,500          --
   Facility.................
  Global Health.............    322,766      3,714         --         --        --        --        --        --         --         --         --         --          --     326,480          --
  Human Rights and Democracy         --         --     13,000         --        --        --        --        --         --         --         --         --          --      13,000          --
   Funds....................
  INL Anticrime Programs....         --         --         --         --        --        --    20,330        --         --         --         --         --          --      20,330          --
  International Atomic               --         --         --         --        --        --        --        --     50,000         --         --         --          --      50,000          --
   Energy Agency Voluntary
   Contribution.............
  International Civil                --         --         --         --        --        --        --        --         --         --         --         --         300         300          --
   Aviation Organization....
  International Conservation         --         --         --         --        --        --        --        --         --         --         --         --       7,700       7,700          --
   Programs.................
  International                      --         --         --         --        --        --        --        --         --         --         --         --       1,750       1,750          --
   Contributions for
   Scientific, Educational,
   and Cultural Activities..
  International Development          --         --         --         --        --        --        --        --         --         --         --         --     792,400     792,400          --
   Association..............
  International Disaster             --         --         --         --        --        --        --        --         --         --         --         --     235,500     235,500          --
   Assistance...............
  International Fund for             --         --         --         --        --        --        --        --         --         --         --         --      20,000      20,000          --
   Agricultural Development.
  International Law                  --         --         --         --        --        --    14,500        --         --         --         --         --          --      14,500          --
   Enforcement Academies....
  International                      --         --         --         --        --        --    13,000        --         --         --         --         --          --      13,000          --
   Organizations............
  International                 297,500      7,500         --         --        --        --        --        --         --         --         --         --          --     305,000          --
   Organizations/
   Partnerships.............
  International Panel on             --         --         --         --        --        --        --        --         --         --         --         --       7,400       7,400          --
   Climate Change/UN
   Framework Convention on
   Climate Change...........
  Interregional Aviation             --         --         --         --        --        --    60,000        --         --         --         --         --          --      60,000          --
   Support..................
  Montreal Protocol                  --         --         --         --        --        --        --        --         --         --         --         --      25,000      25,000          --
   Multilateral Fund........
  MRA Administrative                 --         --         --         --        --        --        --    16,000         --         --         --         --          --      16,000          --
   Expenses.................
  MRA Migration.............         --         --         --         --        --        --        --    15,132         --         --         --         --          --      15,132          --
  MRA Multiregional                  --         --         --         --        --        --        --    56,000         --         --         --         --          --      56,000          --
   Activities...............
  MRA Refugee Admissions....         --         --         --         --        --        --        --   110,000         --         --         --         --          --     110,000          --
  Multilateral Investment            --         --         --         --        --        --        --        --         --         --         --         --       5,000       5,000          --
   Guarantee Agency.........
  Muslim Secondary Exchange          --         --      7,000         --        --        --        --        --         --         --         --         --          --       7,000          --
   Program..................
  NADR Regional Export               --         --         --         --        --        --        --        --      1,030         --         --         --          --       1,030          --
   Controls.................
  New Course Development....         --         --         --         --        --        --        --        --      4,791         --         --         --          --       4,791          --
  Non-Proliferation and              --         --         --         --        --        --        --        --     14,000         --         --         --          --      14,000          --
   Disarmament Fund.........
  Oceans, Environmental and          --         --      4,000         --        --        --        --        --         --         --         --         --          --       4,000          --
   Science Initiative.......
  OPCW Volumtary                     --         --         --         --        --        --        --        --      2,000         --         --         --          --       2,000          --
   Contribution.............
  OPIC-Administrative                --         --         --         --        --        --        --        --         --         --         --         --      38,608      38,608          --
   Expenses.................
  OPIC-Net Offsetting                --         --         --         --        --        --        --        --         --         --         --         --   (259,608)   (259,608)          --
   Collections..............
  Partnership to Eliminate           --         --      4,000         --        --        --        --        --         --         --         --         --          --       4,000          --
   Sweatshops...............
  Peace Corps Other.........         --         --         --         --        --        --        --        --         --    141,065         --         --          --     141,065          --
  Policy Initiatives........        289      8,437         --         --        --        --        --        --         --         --         --         --          --       8,726      21,675
  Prepositioned Stocks......         --         --         --         --        --        --        --        --         --         --         --         --          --          --      19,399
  Program & Policy                5,400      6,230         --         --        --        --        --        --         --         --         --         --          --      11,630          --
   Coordination.............
  Program Development and            --         --         --         --        --        --    13,000        --         --         --         --         --          --      13,000          --
   Support..................
  Regional Advisors Training         --         --         --         --        --        --        --        --        200         --         --         --          --         200          --
  Regional Narc. Training            --         --         --         --        --        --     5,000        --         --         --         --         --          --       5,000          --
   and Demand Reduction.....
  Systems Support and                --         --         --         --        --        --     6,000        --         --         --         --         --          --       6,000          --
   Upgrades.................
  Terrorist Financing.......         --         --         --         --        --        --        --        --     10,000         --         --         --          --      10,000          --
  Terrorist Interdiction             --         --         --         --        --        --        --        --     18,000         --         --         --          --      18,000          --
   Program..................
  Trade and Development              --         --         --         --        --        --        --        --         --         --         --         --      50,024      50,024          --
   Agency...................
  Trafficking in Persons....         --         --         --         --        --        --     7,670        --         --         --         --         --          --       7,670          --
  Transition Initiatives....         --         --         --         --        --        --        --        --         --         --         --         --      50,000      50,000          --
  Treasury Technical                 --         --         --         --        --        --        --        --         --         --         --         --       9,500       9,500          --
   Assistance...............
  U.S. Emergency Refugee and         --         --         --         --        --        --        --        --         --         --         --         --      15,000      15,000          --
   Migration Assistance Fund
  UN Development Fund for            --         --         --         --        --        --        --        --         --         --         --         --       1,000       1,000          --
   Women....................
  UN Development Program....         --         --         --         --        --        --        --        --         --         --         --         --      97,100      97,100          --
  UN Environment Program....         --         --         --         --        --        --        --        --         --         --         --         --      10,750      10,750          --
  UN Voluntary Fund for              --         --         --         --        --        --        --        --         --         --         --         --       1,500       1,500          --
   Technical Cooperation in
   the Field of Human Rights
  UN Voluntary Fund for              --         --         --         --        --        --        --        --         --         --         --         --       5,000       5,000          --
   Victims of Torture.......
  USAID Inspector General            --         --         --         --        --        --        --        --         --         --         --         --      31,500      31,500          --
   Operating Expenses.......
  USAID Operating Expenses..         --         --         --         --        --        --        --        --         --         --         --         --     564,000     564,000          --
  USAID Security............         --         --         --         --        --        --        --        --         --         --         --         --       2,000       2,000          --
  World Food Program........         --         --         --         --        --        --        --        --         --         --         --         --       6,000       6,000          --
  World Meteorological               --         --         --         --        --        --        --        --         --         --         --         --       2,000       2,000          --
   Organization.............
  World Trade Organization..         --         --         --         --        --        --        --        --         --         --         --         --       1,000       1,000          --
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Global................    668,074    341,216     28,000     41,000        --     2,995   144,550   197,132    146,205    141,065         --         --   2,920,764   4,631,001      41,074
================================================================================================================================================================================================
Total FY-2002...............  1,467,500  1,178,000  3,289,000  4,052,256   958,000    70,000  1,029,00   805,000    534,700    278,900    375,000    621,000   3,308,292  17,966,648     958,820
                                                                                                     0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                                                APPENDIX E.--U.S. Economic and Security Assistance Country/Account Summaries (`Spigots') FY 2003
                                                                                        ($ in thousands)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                               Peace
     Countries/Accounts          CSH         DA        ESF        FMF        FSA      IMET      INCLE      MRA       NADR      Corps       PKO        SEED       Other       Total     P.L.  480
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Africa
  Africa Crisis Response             --         --         --         --        --        --        --        --         --         --     10,000         --          --      10,000          --
   Training.................
  Africa Regional...........     33,915    102,646         --         --        --        --     7,000        --         --         --         --         --          --     143,561          --
  Africa Regional Fund......         --         --     32,000         --        --        --        --        --         --         --         --         --          --      32,000          --
  Africa Regional                    --         --         --         --        --        --        --        --         --         --     30,000         --          --      30,000          --
   Peacekeeping.............
  African Development Bank..         --         --         --         --        --        --        --        --         --         --         --         --       5,104       5,104          --
  African Development                --         --         --         --        --        --        --        --         --         --         --         --      16,542      16,542          --
   Foundation...............
  African Development Fund..         --         --         --         --        --        --        --        --         --         --         --         --     118,073     118,073          --
  Agriculture Initiative....         --     20,000         --         --        --        --        --        --         --         --         --         --          --      20,000          --
  Angola....................      5,400      2,750         --         --        --       100        --        --      3,500         --         --         --          --      11,750       8,004
  Anti-Corruption Initiative         --      7,500         --         --        --        --        --        --         --         --         --         --          --       7,500          --
  ATA Regional-Africa.......         --         --         --         --        --        --        --        --      5,296         --         --         --          --       5,296          --
  Benin.....................      6,343      7,923         --         --        --       400        --        --         --      2,678         --         --          --      17,344       4,023
  Botswana..................         --         --         --      1,000        --       600        --        --         --      1,209         --         --          --       2,809          --
  Burkina Faso..............         --         --         --         --        --        50        --        --         --      2,509         --         --          --       2,559      10,121
  Burundi...................        500      3,500         --         --        --        50        --        --         --         --         --         --          --       4,050          --
  Cameroon..................         --         --         --         --        --       200        --        --         --      2,996         --         --          --       3,196          --
  Cape Verde................         --         --         --         --        --       120        --        --         --      1,352         --         --          --       1,472       3,500
  Central African Republic..         --         --         --         --        --       110        --        --         --         --         --         --          --         110          --
  Chad......................         --         --         --         --        --       130        --        --        350      1,073         --         --          --       1,553          --
  Comoros...................         --         --         --         --        --        50        --        --         --         --         --         --          --          50          --
  Cote d'Ivoire.............         --         --         --         --        --        50        --        --         --      1,244         --         --          --       1,294          --
  Countries in Transition...         --         --     31,000         --        --        --        --        --         --         --         --         --          --      31,000          --
  Democratic Republic of         13,476     10,024         --         --        --        50        --        --         --         --         --         --          --      23,550          --
   Congo....................
  Djibouti..................         --         --         --         --        --       185        --        --        250         --         --         --          --         435          --
  ECOWAS....................         --         --         --         --        --        50        --        --         --         --         --         --          --          50          --
  Education Initiative......         --     22,000         --         --        --        --        --        --         --         --         --         --          --      22,000          --
  Equatorial Guinea.........         --         --         --         --        --        50        --        --         --         --         --         --          --          50          --
  Eritrea...................      5,400      4,619         --        500        --       400        --        --      1,100         --         --         --          --      12,019       1,908
  Ethiopia..................     31,950     18,104         --        500        --       500        --        --      1,000         --         --         --          --      52,054      27,281
  Gabon.....................         --         --         --         --        --       160        --        --         --      2,424         --         --          --       2,584          --
  Gambia....................         --         --         --         --        --        50        --        --         --      2,033         --         --          --       2,083          --
  Ghana.....................     20,055     18,688         --        500        --       500        --        --         --      2,742         --         --          --      42,485      14,951
  Guinea....................      7,160     15,765         --         --        --       250        --        --         --      2,812         --         --          --      25,987       3,441
  Guinea-Bissau.............         --         --         --         --        --        75        --        --        200         --         --         --          --         275          --
  Kenya.....................     33,413     13,280         --      1,500        --       600        --        --         --      3,283         --         --          --      52,076      12,134
  Lesotho...................         --         --         --         --        --       100        --        --         --      2,281         --         --          --       2,381          --
  Liberia...................      2,100      3,100         --         --        --        --        --        --         --         --         --         --          --       5,200       1,027
  Madagascar................      8,493      9,785         --         --        --       170        --        --         --      1,970         --         --          --      20,418      10,732
  Malawi....................     17,480     13,397         --         --        --       360        --        --         --      2,611         --         --          --      33,848       6,290
  Mali......................     13,288     21,340         --         --        --       325        --        --         --      3,538         --         --          --      38,491          --
  Mauritania................         --         --         --         --        --       100        --        --        200      1,932         --         --          --       2,232       3,493
  Mauritius.................         --         --         --         --        --       100        --        --         --         --         --         --          --         100          --
  Military Health Affairs...         --         --         --      2,000        --        --        --        --         --         --         --         --          --       2,000          --
  Mozambique................     21,800     23,692         --         --        --       215        --        --      3,130      2,066         --         --          --      50,903      16,871
  MRA Africa................         --         --         --         --        --        --        --   187,500         --         --         --         --          --     187,500          --
  Namibia...................      1,900      5,080         --         --        --       200        --        --         90      2,459         --         --          --       9,729          --
  Niger.....................         --         --         --         --        --       110        --        --         --      2,527         --         --          --       2,637       6,868
  Nigeria...................     41,356     23,879         --      6,000        --       800        --        --         --         --         --         --          --      72,035          --
  REDSO/ESA.................      9,125     13,163         --         --        --        --        --        --         --         --         --         --          --      22,288          --
  Regional Center for South          --     24,731         --         --        --        --        --        --         --         --         --         --          --      24,731          --
   Africa...................
  Regional Organizations....         --         --      6,000         --        --        --        --        --         --         --         --         --          --       6,000          --
  Republic of the Congo.....         --         --         --         --        --       110        --        --         --         --         --         --          --         110          --
  Rwanda....................     12,150      6,023         --         --        --       150        --        --        450         --         --         --          --      18,773      10,978
  Safe Skies................         --         --      8,000         --        --        --        --        --         --         --         --         --          --       8,000          --
  Sao Tome and Principe.....         --         --         --         --        --       100        --        --         --         --         --         --          --         100          --
  Senegal...................     14,762     13,618         --        500        --       900        --        --         --      3,454         --         --          --      33,234          --
  Seychelles................         --         --         --         --        --       100        --        --         --         --         --         --          --         100          --
  Sierra Leone..............        468      3,400         --         --        --       250        --        --        200         --         --         --          --       4,318          --
  Somalia...................        200      2,700         --         --        --        --        --        --      1,200         --         --         --          --       4,100          --
  South Africa..............     25,150     36,278         --      6,000        --     1,450        --        --         --      2,622         --         --          --      71,500          --
  Sudan.....................        300     22,000         --         --        --        --        --        --         --         --         --         --          --      22,300          --
  Swaziland.................         --         --         --         --        --       100        --        --         --      1,313         --         --          --       1,413          --
  Tanzania..................     22,490     10,446         --         --        --       230        --        --         --      3,041         --         --          --      36,207          --
  Togo......................         --         --         --         --        --       100        --        --         --      2,310         --         --          --       2,410          --
  Trade Initiative..........         --     15,000         --         --        --        --        --        --         --         --         --         --          --      15,000          --
  Uganda....................     38,559     24,385         --         --        --       170        --        --         --      1,410         --         --          --      64,524      15,880
  West Africa Regional......     19,631      8,018         --         --        --        --        --        --         --         --         --         --          --      27,649       3,190
  Zambia....................     37,404     12,881         --         --        --       225        --        --        700      3,443         --         --          --      54,653          --
  Zimbabwe..................     14,223      1,885         --         --        --        --        --        --        270         --         --         --          --      16,378          --
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Africa................    458,491    541,600     77,000     18,500        --    11,095     7,000   187,500     17,936     63,332     40,000         --     139,719   1,562,173     160,692
================================================================================================================================================================================================
East Asia and the Pacific
  ATA Regional-East Asia and         --         --         --         --        --        --        --        --      2,366         --         --         --          --       2,366          --
   the Pacific..............
  Burma.....................         --         --      6,500         --        --        --        --        --         --         --         --         --          --       6,500          --
  Cambodia..................     22,500         --     17,000         --        --       200        --        --      3,020         --         --         --          --      42,720          --
  China.....................         --         --         --         --        --        --        --        --         --      2,104         --         --          --       2,104          --
  China Rule of Law.........         --         --      5,000         --        --        --        --        --         --         --         --         --          --       5,000          --
  East Timor................         --         --     19,000      2,000        --       100        --        --         --      1,329      5,000         --          --      27,429          --
  Fiji......................         --         --         --         --        --       100        --        --         --      1,363         --         --          --       1,463          --
  Indonesia.................     32,568     38,704     60,000         --        --       400        --        --         --         --         --         --          --     131,672      10,245
  KEDO......................         --         --         --         --        --        --        --        --     75,000         --         --         --          --      75,000          --
  Kiribati..................         --         --         --         --        --        --        --        --         --      1,182         --         --          --       1,182          --
  Laos......................      1,000      1,000         --         --        --       100     3,000        --      1,200         --         --         --          --       6,300          --
  Malaysia..................         --         --         --         --        --       800        --        --        300         --         --         --          --       1,100          --
  Micronesia................         --         --         --         --        --        --        --        --         --      1,866         --         --          --       1,866          --
  Mongolia..................         --         --     12,000      1,000        --       725        --        --         --      1,859         --         --          --      15,584          --
  MRA East Asia.............         --         --         --         --        --        --        --    15,500         --         --         --         --          --      15,500          --
  Papua New Guinea..........         --         --         --         --        --       240        --        --         --         --         --         --          --         240          --
  Philippines...............     24,550     26,609     20,000     20,000        --     2,400        --        --         --      2,611         --         --          --      96,170          --
  Regional Democracy........         --         --      5,000         --        --        --        --        --         --         --         --         --          --       5,000          --
  Regional Security Fund....         --         --        250         --        --        --        --        --         --         --         --         --          --         250          --
  Regional Women's Issues...         --         --      4,000         --        --        --        --        --         --         --         --         --          --       4,000          --
  Samoa.....................         --         --         --         --        --       120        --        --         --      1,345         --         --          --       1,465          --
  Solomon Islands...........         --         --         --         --        --       150        --        --         --         27         --         --          --         177          --
  South Pacific Fisheries...         --         --     18,000         --        --        --        --        --         --         --         --         --          --      18,000          --
  Thailand..................      1,000      2,250         --      2,000        --     1,750     3,750        --         50      1,694         --         --          --      12,494          --
  Tonga.....................         --         --         --         --        --       125        --        --         --      1,071         --         --          --       1,196          --
  Vanuatu...................         --         --         --         --        --       100        --        --         --      1,414         --         --          --       1,514          --
  Vietnam...................      4,006      8,450         --         --        --       100        --        --      1,750         --         --         --          --      14,306          --
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total East Asia and the          85,624     77,013    166,750     25,000        --     7,410     6,750    15,500     83,686     17,865      5,000         --          --     490,598      10,245
 Pacific....................
================================================================================================================================================================================================
Europe and Eurasia
  Albania...................         --         --         --      5,000        --       900        --        --        490      1,227         --     28,000          --      35,617          --
  Armenia...................         --         --         --      3,000    70,000       750        --        --      2,600      1,535         --         --          --      77,885          --
  ATA Regional-Europe and            --         --         --         --        --        --        --        --     17,517         --         --         --          --      17,517          --
   Eurasia..................
  Azerbaijan................         --         --         --      3,000    46,000       750        --        --      3,230      1,223         --         --          --      54,203          --
  Belarus...................         --         --         --         --     9,500        --        --        --         --         --         --         --          --       9,500          --
  Bosnia and Herzegovina....         --         --         --      2,500        --       900        --        --         30         --         --     50,000          --      53,430          --
  Bulgaria..................         --         --         --      9,500        --     1,350        --        --        730      2,744         --     28,000          --      42,324          --
  Croatia...................         --         --         --      6,000        --       700        --        --         90         --         --     30,000          --      36,790          --
  Cyprus....................         --         --     15,000         --        --        --        --        --        260         --         --         --          --      15,260          --
  Czech Republic............         --         --         --     11,000        --     1,900        --        --        400         --         --         --          --      13,300          --
  Estonia...................         --         --         --      6,750        --     1,100        --        --        100         --         --         --          --       7,950          --
  European Bank for                  --         --         --         --        --        --        --        --         --         --         --         --      35,805      35,805          --
   Reconstruction and
   Development..............
  Federal Republic of                --         --         --      1,000        --       300        --        --        100         --         --    135,000          --     136,400          --
   Yugoslavia...............
  Georgia...................         --         --         --      7,000    87,000     1,200        --        --      1,100      1,404         --         --          --      97,704          --
  Greece....................         --         --         --         --        --       600        --        --         --         --         --         --          --         600          --
  Hungary...................         --         --         --     11,000        --     1,900        --        --        270         --         --         --          --      13,170          --
  International Fund for             --         --     25,000         --        --        --        --        --         --         --         --         --          --      25,000          --
   Ireland..................
  Irish Visa Program........         --         --      4,000         --        --        --        --        --         --         --         --         --          --       4,000          --
  Kazakhstan................         --         --         --      3,000    43,000     1,000        --        --      1,950      2,783         --         --          --      51,733          --
  Kosovo....................         --         --         --         --        --        --        --        --         --         --         --     85,000          --      85,000          --
  Kyrgyz Republic...........         --         --         --      4,000    36,000     1,100        --        --      1,200      1,304         --         --          --      43,604          --
  Latvia....................         --         --         --      7,000        --     1,100        --        --      1,600         --         --         --          --       9,700          --
  Lithuania.................         --         --         --      7,500        --     1,100        --        --        920         --         --         --          --       9,520          --
  Macedonia.................         --         --         --     11,000        --       650        --        --        190      1,138         --     50,000          --      62,978          --
  Malta.....................         --         --         --      1,000        --       300        --        --        480         --         --         --          --       1,780          --
  Moldova...................         --         --         --      1,500    32,500       900        --        --      2,320      2,135         --         --          --      39,355          --
  MRA Europe................         --         --         --         --        --        --        --    77,000         --         --         --         --          --      77,000          --
  NIS Regional Export                --         --         --         --        --        --        --        --        500         --         --         --          --         500          --
   Controls.................
  OSCE Bosnia...............         --         --         --         --        --        --        --        --         --         --     17,500         --          --      17,500          --
  OSCE Croatia..............         --         --         --         --        --        --        --        --         --         --      2,300         --          --       2,300          --
  OSCE Kosovo...............         --         --         --         --        --        --        --        --         --         --     12,500         --          --      12,500          --
  OSCE Regional-Europe......         --         --         --         --        --        --        --        --         --         --     14,550         --          --      14,550          --
  Poland....................         --         --         --     13,000        --     2,000        --        --        600         --         --         --          --      15,600          --
  Portugal..................         --         --         --         --        --       850        --        --         --         --         --         --          --         850          --
  Regional FSA..............         --         --         --         --    67,000        --        --        --         --         --         --         --          --      67,000          --
  Regional SEED.............         --         --         --         --        --        --        --        --         --         --         --     60,000          --      60,000          --
  Romania...................         --         --         --     10,000        --     1,500        --        --        560      3,656         --     29,000          --      44,716          --
  Russia....................         --         --         --         --   148,000       800        --        --      3,980      2,465         --         --          --     155,245          --
  Science Centers/Bio                --         --         --         --        --        --        --        --     52,000         --         --         --          --      52,000          --
   Redirection..............
  Slovakia..................         --         --         --      9,000        --       950        --        --        700         --         --         --          --      10,650          --
  Slovenia..................         --         --         --      5,000        --       950        --        --        550         --         --         --          --       6,500          --
  Tajikistan................         --         --         --         --    22,500       350        --        --         50         --         --         --          --      22,900          --
  Turkey....................         --         --         --     17,500        --     2,800        --        --        600         --         --         --          --      20,900          --
  Turkmenistan..............         --         --         --        700     7,000       450        --        --         50      1,460         --         --          --       9,660          --
  Ukraine...................         --         --         --      4,000   155,000     1,700        --        --      3,050      4,723         --         --          --     168,473          --
  Uzbekistan................         --         --         --      8,750    31,500     1,200        --        --      1,200      1,952         --         --          --      44,602          --
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Europe and Eurasia....         --         --     44,000    168,700   755,000    32,050        --    77,000     99,417     29,749     46,850    495,000      35,805   1,783,571          --
================================================================================================================================================================================================
Near East
  Algeria...................         --         --         --         --        --       550        --        --         --         --         --         --          --         550          --
  ATA Regional-Near East             --         --         --         --        --        --        --        --      9,012         --         --         --          --       9,012          --
   Asia.....................
  Bahrain...................         --         --         --         --        --       450        --        --         --         --         --         --          --         450          --
  Egypt.....................         --         --    615,000  1,300,000        --     1,200        --        --        135         --         --         --          --   1,916,335          --
  Iraq Opposition...........         --         --     25,000         --        --        --        --        --         --         --         --         --          --      25,000          --
  Israel....................         --         --    800,000  2,100,000        --        --        --        --         --         --         --         --          --   2,900,000          --
  Jordan....................         --         --    250,000    198,000        --     2,400        --        --      1,000      1,035         --         --          --     452,435          --
  Lebanon...................         --        500     32,000         --        --       700        --        --        900         --         --         --          --      34,100          --
  Middle East Democracy.....         --         --      5,000         --        --        --        --        --         --         --         --         --          --       5,000          --
  Middle East Multilaterals.         --         --      3,000         --        --        --        --        --         --         --         --         --          --       3,000          --
  Middle East Regional               --         --      5,000         --        --        --        --        --         --         --         --         --          --       5,000          --
   Cooperation..............
  Morocco...................         --      6,713         --      5,000        --     1,500        --        --         --      3,333         --         --          --      16,546          --
  MRA Near East.............         --         --         --         --        --        --        --   102,500         --         --         --         --          --     102,500          --
  MRA Refugees to Israel....         --         --         --         --        --        --        --    60,000         --         --         --         --          --      60,000          --
  Multinational Force and            --         --         --         --        --        --        --        --         --         --     16,400         --          --      16,400          --
   Observers................
  Oman......................         --         --         --     20,000        --       750        --        --        150         --         --         --          --      20,900          --
  Saudi Arabia..............         --         --         --         --        --        25        --        --         80         --         --         --          --         105          --
  Tunisia...................         --         --         --      5,000        --     1,500        --        --         --         --         --         --          --       6,500          --
  U.S. North Africa Economic         --         --      4,000         --        --        --        --        --         --         --         --         --          --       4,000          --
   Partnership..............
  United Arab Emirates......         --         --         --         --        --        --        --        --        350         --         --         --          --         350          --
  West Bank/Gaza............         --         --     75,000         --        --        --        --        --         --         --         --         --      50,000     125,000          --
  Yemen.....................         --         --     10,000      2,000        --       650        --        --        915         --         --         --          --      13,565          --
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Near East.............         --      7,213  1,824,000  3,630,000        --     9,725        --   162,500     12,542      4,368     16,400         --      50,000   5,716,748          --
================================================================================================================================================================================================
South Asia
  ATA Regional-South Asia...         --         --         --         --        --        --        --        --      9,867         --         --         --          --       9,867          --
  Bangladesh................     33,700     24,720      7,000         --        --       750        --        --         --      1,017         --         --          --      67,187      45,083
  India.....................     40,785     34,400     25,000     50,000        --     1,000        --        --      1,750         --         --         --          --     152,935      91,288
  Maldives..................         --         --         --         --        --       150        --        --         --         --         --         --          --         150          --
  MRA South Asia............         --         --         --         --        --        --        --    30,300         --         --         --         --          --      30,300          --
  Nepal.....................     20,449     11,247      6,000      3,000        --       500        --        --         --      2,264         --         --          --      43,460          --
  Pakistan..................     12,500     37,500    200,000     50,000        --     1,000     4,000        --         --         --         --         --          --     305,000          --
  South Asia Regional Funds.         --         --      2,000         --        --        --        --        --         --         --         --         --          --       2,000          --
  Southwest Asia Initiatives         --         --         --         --        --        --     3,000        --         --         --         --         --          --       3,000          --
  Sri Lanka.................        300      5,750      4,000         --        --       350        --        --         --         --         --         --          --      10,400          --
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total South Asia............    107,734    113,617    244,000    103,000        --     3,750     7,000    30,300     11,617      3,281         --         --          --     624,299     136,371
================================================================================================================================================================================================
Western Hemisphere
  Administration of Justice.         --         --     11,000         --        --        --        --        --         --         --         --         --          --      11,000          --
  Argentina.................         --         --         --      2,000        --     1,000        --        --         --         --         --         --          --       3,000          --
  ATA Regional-Western               --         --         --         --        --        --        --        --      8,442         --         --         --          --       8,442          --
   Hemisphere...............
  Bahamas...................         --         --         --        100        --       140     1,200        --         --         --         --         --          --       1,440          --
  Belize....................         --         --         --        300        --       175        --        --         --      1,555         --         --          --       2,030          --
  Bolivia...................     18,513     12,230     10,000      2,000        --       800    91,000        --         --      3,032         --         --          --     137,575      21,525
  Brazil....................     11,821      6,680         --         --        --       500    12,000        --         --         --         --         --          --      31,001          --
  Caribbean Regional........      4,688     10,000         --         --        --        --        --        --         --         --         --         --          --      14,688          --
  Central American Regional.      5,412     20,142         --         --        --        --        --        --         --         --         --         --          --      25,554          --
  Chile.....................         --         --         --      1,000        --       600        --        --         --         --         --         --          --       1,600          --
  Colombia..................         --         --         --     98,000        --     1,180   439,000        --         --         --         --         --          --     538,180          --
  Costa Rica................         --         --         --         --        --       400        --        --         --      1,191         --         --          --       1,591          --
  Cuba......................         --         --      6,000         --        --        --        --        --         --         --         --         --          --       6,000          --
  Dominican Republic........     11,409      8,000      3,500        320        --       500        --        --         --      3,296         --         --          --      27,025          --
  Eastern Caribbean.........         --         --         --      2,130        --       700        --        --         --      2,608         --         --          --       5,438          --
  Ecuador...................         --      7,130     20,000      1,000        --       650    37,000        --        250      3,028         --         --          --      69,058          --
  El Salvador...............      9,636     24,096         --      2,500        --       900        --        --         --      2,760         --         --          --      39,892          --
  FTAA Technical Assistance.         --         --      1,000         --        --        --        --        --         --         --         --         --          --       1,000          --
  Guatemala.................     11,739     14,960      7,500         --        --       350     3,400        --         --      4,740         --         --          --      42,689      18,013
  Guyana....................      1,000      2,180         --        400        --       275        --        --         --      1,268         --         --          --       5,123          --
  Haiti.....................     14,000     11,000         --        400        --        50        --        --         --      1,689         --         --          --      27,139      22,375
  Honduras..................     12,561     22,530         --         --        --       650        --        --         --      4,320         --         --          --      40,061       5,191
  Inter-American Development         --         --         --         --        --        --        --        --         --         --         --         --      29,591      29,591          --
   Bank-Multilateral
   Investment Fund..........
  Inter-American Foundation.         --         --         --         --        --        --        --        --         --         --         --         --      14,000      14,000          --
  Inter-American Investment          --         --         --         --        --        --        --        --         --         --         --         --      30,352      30,352          --
   Corporation..............
  Jamaica...................      3,070     13,710         --        700        --       600     1,300        --         --      2,424         --         --          --      21,804          --
  LAC Regional..............      6,813     53,462         --         --        --        --        --        --         --         --         --         --          --      60,275          --
  Latin America Regional....         --         --         --         --        --        --     9,500        --         --         --         --         --          --       9,500          --
  Mexico....................      6,200     12,165     12,000         --        --     1,250    12,000        --         --         --         --         --          --      43,615          --
  MRA Western Hemisphere....         --         --         --         --        --        --        --    14,500         --         --         --         --          --      14,500          --
  Nicaragua.................      7,606     19,730         --        500        --       400        --        --        200      2,874         --         --          --      31,310      10,363
  OAS Development Assistance         --         --         --         --        --        --        --        --         --         --         --         --       5,500       5,500          --
   Programs.................
  OAS Fund for Strengthening         --         --         --         --        --        --        --        --         --         --         --         --       2,500       2,500          --
   Democracy................
  OAS/IADB Demining.........         --         --         --         --        --        --        --        --      1,100         --         --         --          --       1,100          --
  Panama....................         --      7,000      3,500      1,000        --       200     9,000        --         --      2,408         --         --          --      23,108          --
  Paraguay..................      2,025      4,600      3,500         --        --       300        --        --        100      3,419         --         --          --      13,944          --
  Peru......................     22,027     18,870     10,000      1,000        --       600   135,000        --        175      1,270         --         --          --     188,942      25,053
  Peru-Ecuador Peace........         --         --      4,500         --        --        --        --        --         --         --         --         --          --       4,500          --
  Suriname..................         --         --         --        250        --       150        --        --         --        925         --         --          --       1,325          --
  Third Border Initiative...         --         --      3,000         --        --        --        --        --         --         --         --         --          --       3,000          --
  Trinidad and Tobago.......         --         --         --        400        --       150        --        --         --         --         --         --          --         550          --
  Uruguay...................         --         --         --      1,000        --       450        --        --         --         --         --         --          --       1,450          --
  Venezuela.................         --         --        500         --        --       700     8,000        --         --         --         --         --          --       9,200          --
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Western Hemisphere....    148,520    268,485     96,000    115,000        --    13,670   758,400    14,500     10,267     42,807         --         --      81,943   1,549,592     102,520
================================================================================================================================================================================================
Global
  Asia Regional.............         --         --         --         --        --        --     4,500        --         --         --         --         --          --       4,500          --
  Asia-Near East Regional...     17,742     55,305         --         --        --        --        --        --         --         --         --         --          --      73,047          --
  Asian Development Fund....         --         --         --         --        --        --        --        --         --         --         --         --     147,386     147,386          --
  ATA Program Management....         --         --         --         --        --        --        --        --     10,700         --         --         --          --      10,700          --
  ATA WMD Preparedness               --         --         --         --        --        --        --        --      1,000         --         --         --          --       1,000          --
   Program..................
  Civilian Police Program...         --         --         --         --        --        --     5,000        --         --         --         --         --          --       5,000          --
  CTBT International                 --         --         --         --        --        --        --        --     18,200         --         --         --          --      18,200          --
   Monitoring System........
  Demining Administrative            --         --         --         --        --        --        --        --        675         --         --         --          --         675          --
   Expenses.................
  Demining Crosscutting              --         --         --         --        --        --        --        --      5,740         --         --         --          --       5,740          --
   Initiatives..............
  Demining Mine Surveys.....         --         --         --         --        --        --        --        --      5,070         --         --         --          --       5,070          --
  Demining New Country               --         --         --         --        --        --        --        --      6,730         --         --         --          --       6,730          --
   Programs.................
  Demining Research and              --         --         --         --        --        --        --        --      1,525         --         --         --          --       1,525          --
   Training.................
  Democracy, Conflict &          23,800     76,300         --         --        --        --        --        --         --         --         --         --          --     100,100          --
   Humanitarian Assistance..
  Development Credit Program-        --         --         --         --        --        --        --        --         --         --         --         --       7,500       7,500          --
   Admin. Exp...............
  E-IMET Schools............         --         --         --         --        --     1,800        --        --         --         --         --         --          --       1,800          --
  Economic Growth,                   --    154,800         --         --        --        --        --        --         --         --         --         --          --     154,800          --
   Agriculture and Trade....
  Enhanced International             --         --         --      4,000        --        --        --        --         --         --         --         --          --       4,000          --
   Peacekeeping Capabilities
  Export Control Program             --         --         --         --        --        --        --        --        500         --         --         --          --         500          --
   Administration...........
  Export Control Regional            --         --         --         --        --        --        --        --      5,895         --         --         --          --       5,895          --
   Advisors.................
  Export-Import Bank-                --         --         --         --        --        --        --        --         --         --         --         --      68,327      68,327          --
   Administrative Expenses..
  Export-Import Bank-Direct          --         --         --         --        --        --        --        --         --         --         --         --    (13,000)    (13,000)          --
   Loans, Negative Subsidies
  Export-Import Bank-Loan            --         --         --         --        --        --        --        --         --         --         --         --     541,400     541,400          --
   Subsidy..................
  FMF Administrative Costs..         --         --         --     37,000        --        --        --        --         --         --         --         --          --      37,000          --
  General Costs.............         --         --         --         --        --       500        --        --         --         --         --         --          --         500          --
  Global Development                 --     30,000         --         --        --        --        --        --         --         --         --         --          --      30,000          --
   Alliance.................
  Global Environment                 --         --         --         --        --        --        --        --         --         --         --         --     177,813     177,813          --
   Facility.................
  Global Health.............    301,000      3,800         --         --        --        --        --        --         --         --         --         --          --     304,800          --
  Human Rights and Democracy         --         --     12,000         --        --        --        --        --         --         --         --         --          --      12,000          --
   Funds....................
  INL Anticrime Programs....         --         --         --         --        --        --    14,000        --         --         --         --         --          --      14,000          --
  International Atomic               --         --         --         --        --        --        --        --     50,000         --         --         --          --      50,000          --
   Energy Agency Voluntary
   Contribution.............
  International Civil                --         --         --         --        --        --        --        --         --         --         --         --         300         300          --
   Aviation Organization....
  International Conservation         --         --         --         --        --        --        --        --         --         --         --         --       6,225       6,225          --
   Programs.................
  International                      --         --         --         --        --        --        --        --         --         --         --         --       1,750       1,750          --
   Contributions for
   Scientific, Educational,
   and Cultural Activities..
  International Development          --         --         --         --        --    -- D--        --        --         --         --         --    874,338     874,338          --
   Association..............
  International Disaster             --         --         --         --        --        --        --        --         --         --         --         --     235,500     235,500          --
   Assistance...............
  International Fund for             --         --         --         --        --        --        --        --         --         --         --         --      15,004      15,004          --
   Agricultural Development.
  International Law                  --         --         --         --        --        --    14,500        --         --         --         --         --          --      14,500          --
   Enforcement Academies....
  International                      --         --         --         --        --        --    13,000        --         --         --         --         --          --      13,000          --
   Organizations............
  International                 326,356      5,000         --         --        --        --        --        --         --         --         --         --          --     331,356          --
   Organizations/
   Partnerships.............
  International Panel on             --         --         --         --        --        --        --        --         --         --         --         --       5,600       5,600          --
   Climate Change/UN
   Framework Convention on
   Climate Change...........
  International Trust Fund-          --         --         --         --        --        --        --        --     10,000         --         --         --          --      10,000          --
   NADR.....................
  Interregional Aviation             --         --         --         --        --        --    65,000        --         --         --         --         --          --      65,000          --
   Support..................
  Montreal Protocol                  --         --         --         --        --        --        --        --         --         --         --         --      23,000      23,000          --
   Multilateral Fund........
  MRA Administrative                 --         --         --         --        --        --        --    16,000         --         --         --         --          --      16,000          --
   Expenses.................
  MRA Migration.............         --         --         --         --        --        --        --    15,700         --         --         --         --          --      15,700          --
  MRA Multiregional                  --         --         --         --        --        --        --    56,000         --         --         --         --          --      56,000          --
   Activities...............
  MRA Refugee Admissions....         --         --         --         --        --        --        --   130,000         --         --         --         --          --     130,000          --
  Multilateral Investment            --         --         --         --        --        --        --        --         --         --         --         --       3,631       3,631          --
   Guarantee Agency.........
  NADR Regional Export               --         --         --         --        --        --        --        --        900         --         --         --          --         900          --
   Controls.................
  Non-Proliferation and              --         --         --         --        --        --        --        --     15,000         --         --         --          --      15,000          --
   Disarmament Fund.........
  Oceans, Environmental and          --         --      2,000         --        --        --        --        --         --         --         --         --          --       2,000          --
   Science Initiative.......
  OPIC-Administrative                --         --         --         --        --        --        --        --         --         --         --         --      39,885      39,885          --
   Expenses.................
  OPIC-Credit Funding.......         --         --         --         --        --        --        --        --         --         --         --         --      24,000      24,000          --
  OPIC-Net Offsetting                --         --         --         --        --        --        --        --         --         --         --         --   (291,000)   (291,000)          --
   Collections..............
  Partnership to Eliminate           --         --      4,000         --        --        --        --        --         --         --         --         --          --       4,000          --
   Sweatshops...............
  Peace Corps Other.........         --         --         --         --        --        --        --        --         --    155,598         --         --          --     155,598          --
  Policy Initiatives........         --     25,000     20,250      6,000        --        --        --        --         --         --         --         --          --      51,250     775,172
  Program & Policy                4,700      7,400         --         --        --        --        --        --         --         --         --         --          --      12,100          --
   Coordination.............
  Program Development and            --         --         --         --        --        --    13,850        --         --         --         --         --          --      13,850          --
   Support..................
  Regional Narc. Training            --         --         --         --        --        --     5,000        --         --         --         --         --          --       5,000          --
   and Demand Reduction.....
  Reserve to be Allocated...         --         --         --         --        --        --        --        --         --         --         --         --      25,000      25,000          --
  Systems Support and                --         --         --         --        --        --     4,000        --         --         --         --         --          --       4,000          --
   Upgrades.................
  Terrorist Interdiction             --         --         --         --        --        --        --        --      5,000         --         --         --          --       5,000          --
   Program..................
  Trade and Development              --         --         --         --        --        --        --        --         --         --         --         --      44,512      44,512          --
   Agency...................
  Trafficking in Persons....         --         --         --         --        --        --    10,000        --         --         --         --         --          --      10,000          --
  Transition Initiatives....         --         --         --         --        --        --        --        --         --         --         --         --      55,000      55,000          --
  Treasury Technical                 --         --         --         --        --        --        --        --         --         --         --         --      10,000      10,000          --
   Assistance...............
  U.S. Emergency Refugee and         --         --         --         --        --        --        --        --         --         --         --         --      15,000      15,000          --
   Migration Assistance Fund
  UN Children's Fund........         --         --         --         --        --        --        --        --         --         --         --         --     120,000     120,000          --
  UN Development Fund for            --         --         --         --        --        --        --        --         --         --         --         --       1,000       1,000          --
   Women....................
  UN Development Program....         --         --         --         --        --        --        --        --         --         --         --         --     100,000     100,000          --
  UN Environment Program....         --         --         --         --        --        --        --        --         --         --         --         --      10,025      10,025          --
  UN Voluntary Fund for              --         --         --         --        --        --        --        --         --         --         --         --       1,500       1,500          --
   Technical Cooperation in
   the Field of Human Rights
  UN Voluntary Fund for              --         --         --         --        --        --        --        --         --         --         --         --       5,000       5,000          --
   Victims of Torture.......
  USAID Capital Investment           --         --         --         --        --        --        --        --         --         --         --         --      95,000      95,000          --
   Fund.....................
  USAID Inspector General            --         --         --         --        --        --        --        --         --         --         --         --      32,700      32,700          --
   Operating Expenses.......
  USAID Operating Expenses..         --         --         --         --        --        --        --        --         --         --         --         --     572,200     572,200          --
  World Meteorological               --         --         --         --        --        --        --        --         --         --         --         --       2,000       2,000          --
   Organization.............
  World Trade Organization..         --         --         --         --        --        --        --        --         --         --         --         --       1,000       1,000          --
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Global................    673,598    357,605     38,250     47,000        --     2,300   148,850   217,700    136,935    155,598         --         --   2,957,596   4,735,432     775,172
================================================================================================================================================================================================
Total FY 2003...............  1,473,967  1,365,533  2,490,000  4,107,200   755,000    80,000   928,000   705,000    372,400    317,000    108,250    495,000   3,265,063  16,462,413   1,185,000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                                                APPENDIX E.--U.S. Economic and Security Assistance Country/Account Summaries (`Spigots') FY 2004
                                                                                        ($ in thousands)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                               Peace
     Countries/Accounts          CSH         DA        ESF        FMF        FSA      IMET      INCLE      MRA       NADR      Corps       PKO        SEED       Other       Total     P.L.  480
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Africa
  Africa Regional...........     33,420     64,976         --         --        --        --     7,000        --         --         --         --         --          --     105,396          --
  Africa Regional Fund......         --         --     14,000         --        --        --        --        --         --         --         --         --          --      14,000          --
  Africa Regional                    --         --         --         --        --        --        --        --         --         --      9,000         --          --       9,000          --
   Peacekeeping.............
  African Contingency                --         --         --         --        --        --        --        --         --         --     15,000         --          --      15,000          --
   Operations Training and
   Assistance...............
  African Development Bank..         --         --         --         --        --        --        --        --         --         --         --         --       5,105       5,105          --
  African Development                --         --         --         --        --        --        --        --         --         --         --         --      17,689      17,689          --
   Foundation...............
  African Development Fund..         --         --         --         --        --        --        --        --         --         --         --         --     118,081     118,081          --
  Agriculture Initiative....         --     43,000         --         --        --        --        --        --         --         --         --         --          --      43,000          --
  Angola....................     11,200      2,500      3,500         --        --       100        --        --      5,300         --         --         --          --      22,600       7,538
  Anti-Corruption Initiative         --      6,000         --         --        --        --        --        --         --         --         --         --          --       6,000          --
  ATA Regional-Africa.......         --         --         --         --        --        --        --        --      4,906         --         --         --          --       4,906          --
  Benin.....................      7,529      6,892         --         --        --       500        --        --         --      3,079         --         --          --      18,000       4,699
  Botswana..................         --         --         --      1,000        --       700        --        --         --      1,565         --         --          --       3,265          --
  Burkina Faso..............         --         --         --         --        --        50        --        --         --      2,964         --         --          --       3,014       8,353
  Burundi...................      2,500      1,800      3,500         --        --       100        --        --         --         --         --         --          --       7,900       9,500
  Cameroon..................         --         --         --         --        --       200        --        --         --      3,534         --         --          --       3,734          --
  Cape Verde................         --         --         --         --        --       120        --        --         --      1,498         --         --          --       1,618       3,499
  Central African Republic..         --         --         --         --        --       150        --        --         --         --         --         --          --         150          --
  Chad......................         --         --         --         --        --       150        --        --        650      1,302         --         --          --       2,102       2,327
  Comoros...................         --         --         --         --        --        50        --        --         --         --         --         --          --          50          --
  Congo Basin Forest                 --     15,000         --         --        --        --        --        --         --         --         --         --          --      15,000          --
   Partnership..............
  Cote d'Ivoire.............         --         --         --         --        --        --        --        --         --      1,728         --         --          --       1,728          --
  Democratic Republic of         18,086      6,082      4,250         --        --       100        --        --         --         --         --         --          --      28,518          --
   Congo....................
  Djibouti..................         --         --         --      2,000        --       225        --        --         --         --         --         --          --       2,225          --
  ECOWAS....................         --         --         --         --        --       100        --        --         --         --         --         --          --         100          --
  Education Initiative......         --     50,000         --         --        --        --        --        --         --         --         --         --          --      50,000          --
  Equatorial Guinea.........         --         --         --         --        --        50        --        --         --         --         --         --          --          50          --
  Eritrea...................      5,400        840         --        500        --       450        --        --      1,000         --         --         --          --       8,190       2,256
  Ethiopia..................     37,168     15,438      5,000        500        --       570        --        --        300         --         --         --          --      58,976      20,803
  Gabon.....................         --         --         --         --        --       160        --        --         --      2,809         --         --          --       2,969          --
  Gambia....................         --         --         --         --        --       100        --        --         --      2,477         --         --          --       2,577          --
  Ghana.....................     22,220     14,575         --        500        --       500        --        --         --      3,421         --         --          --      41,216      21,767
  Guinea....................      6,659     11,095         --         --        --       350        --        --         --      3,325         --         --          --      21,429       4,474
  Guinea-Bissau.............         --         --         --         --        --       100        --        --         --         --         --         --          --         100          --
  Kenya.....................     38,513      3,776      8,000      6,500        --       600        --        --         --      3,915         --         --          --      61,304      14,262
  Lesotho...................         --         --         --         --        --       125        --        --         --      2,755         --         --          --       2,880          --
  Liberia...................      2,045      1,100         --         --        --        --        --        --         --         --         --         --          --       3,145          --
  Madagascar................      8,915     10,945         --         --        --       200        --        --         --      2,596         --         --          --      22,656      12,590
  Malawi....................     21,919     10,555         --         --        --       360        --        --         --      2,555         --         --          --      35,389       4,918
  Mali......................     12,659     17,027         --         --        --       350        --        --         --      4,399         --         --          --      34,435          --
  Mauritania................         --         --         --         --        --       125        --        --        100      2,373         --         --          --       2,598       3,204
  Mauritius.................         --         --         --         --        --       125        --        --         --         --         --         --          --         125          --
  Military Health Affairs...         --         --         --      1,500        --        --        --        --         --         --         --         --          --       1,500          --
  Mozambique................     24,200     16,061         --         --        --       225        --        --      1,750      2,469         --         --          --      44,705      16,659
  MRA Africa................         --         --         --         --        --        --        --   209,070         --         --         --         --          --     209,070          --
  Namibia...................      2,500      4,932         --         --        --       225        --        --        150      3,050         --         --          --      10,857          --
  Niger.....................         --         --         --         --        --       200        --        --         --      3,138         --         --          --       3,338       6,953
  Nigeria...................     46,300     12,639      5,000      4,000        --       850        --        --         --         --         --         --          --      68,789          --
  REDSO/ESA.................     14,887      7,404         --         --        --        --        --        --         --         --         --         --          --      22,291          --
  Regional Center for South          --     12,771         --         --        --        --        --        --         --         --         --         --          --      12,771          --
   Africa...................
  Regional Organizations....         --         --      3,000         --        --        --        --        --         --         --         --         --          --       3,000          --
  Republic of the Congo.....         --         --         --         --        --       110        --        --         --         --         --         --          --         110          --
  Rwanda....................     14,506      4,810         --         --        --       175        --        --         --         --         --         --          --      19,491      12,438
  Safe Skies................         --         --      5,000         --        --        --        --        --         --         --         --         --          --       5,000          --
  Sao Tome and Principe.....         --         --         --         --        --       100        --        --         --         --         --         --          --         100          --
  Senegal...................     15,825     12,209         --        500        --     1,000        --        --         --      4,036         --         --          --      33,570       5,387
  Seychelles................         --         --         --         --        --       100        --        --         --         --         --         --          --         100          --
  Sierra Leone..............        500      3,727      5,000         --        --       300        --        --         --         --         --         --          --       9,527          --
  Somalia...................        411        965         --         --        --        --        --        --      1,300         --         --         --          --       2,676          --
  South Africa..............     31,628     27,457      2,000      6,000        --     1,600        --        --         50      3,293         --         --          --      72,028          --
  Sudan.....................     16,426     49,613     15,000         --        --        --        --        --         --         --         --         --          --      81,039          --
  Swaziland.................         --         --         --         --        --       135        --        --         --      1,572         --         --          --       1,707          --
  Tanzania..................     25,164      3,227         --         --        --       230        --        --         --      3,829         --         --          --      32,450          --
  Togo......................         --         --         --         --        --       125        --        --         --      2,746         --         --          --       2,871          --
  Trade Initiative..........         --     25,000         --         --        --        --        --        --         --         --         --         --          --      25,000          --
  Uganda....................     41,795     20,273         --         --        --       200        --        --         --      1,723         --         --          --      63,991      18,520
  West Africa Regional......     23,800      5,878         --         --        --        --        --        --         --         --         --         --          --      29,678       1,779
  Zambia....................     40,095      9,632         --         --        --       225        --        --        300      4,003         --         --          --      54,255       3,100
  Zimbabwe..................     15,835        746      4,000         --        --        --        --        --         --         --         --         --          --      20,581          --
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Africa................    542,105    498,945     77,250     23,000        --    12,510     7,000   209,070     15,806     76,154     24,000         --     140,875   1,626,715     185,026
================================================================================================================================================================================================
East Asia and the Pacific
  ASEAN Regional............         --         --      2,500         --        --        --        --        --         --         --         --         --          --       2,500          --
  ATA Regional-East Asia and         --         --         --         --        --        --        --        --      5,656         --         --         --          --       5,656          --
   the Pacific..............
  Burma.....................      2,500         --      6,500         --        --        --        --        --         --         --         --         --          --       9,000          --
  Cambodia..................     22,800      2,000     15,000         --        --       200        --        --      3,000         --         --         --          --      43,000          --
  China.....................         --         --         --         --        --        --        --        --         --      2,372         --         --          --       2,372          --
  East Timor................         --         --     13,500      2,000        --       150        --        --         --      1,559      2,000         --          --      19,209          --
  Fiji......................         --         --         --         --        --       200        --        --         --      1,557         --         --          --       1,757          --
  Indonesia.................     29,250     31,691     60,000         --        --       600        --        --      4,000         --         --         --          --     125,541      11,194
  Kiribati..................         --         --         --         --        --        --        --        --         --      1,342         --         --          --       1,342          --
  Laos......................      1,350         --         --         --        --       100     3,000        --      1,700         --         --         --          --       6,150          --
  Malaysia..................         --         --         --         --        --     1,200        --        --        100         --         --         --          --       1,300          --
  Micronesia................         --         --         --         --        --        --        --        --         --      2,021         --         --          --       2,021          --
  Mongolia..................         --         --     10,000      1,000        --       850        --        --         --      2,073         --         --          --      13,923          --
  MRA East Asia.............         --         --         --         --        --        --        --    14,260         --         --         --         --          --      14,260          --
  Papua New Guinea..........         --         --         --         --        --       300        --        --         --         --         --         --          --         300          --
  Philippines...............     22,000     23,068     20,000     17,000        --     2,700     2,000        --         --      2,946         --         --          --      89,714          --
  Regional Democracy........         --         --      4,000         --        --        --        --        --         --         --         --         --          --       4,000          --
  Regional Security Fund....         --         --        250         --        --        --        --        --         --         --         --         --          --         250          --
  Regional Women's Issues...         --         --      3,000         --        --        --        --        --         --         --         --         --          --       3,000          --
  Samoa.....................         --         --         --         --        --       150        --        --         --      1,524         --         --          --       1,674          --
  Solomon Islands...........         --         --         --         --        --        50        --        --         --         --         --         --          --          50          --
  South Pacific Fisheries...         --         --     18,000         --        --        --        --        --         --         --         --         --          --      18,000          --
  Southeast Asia Regional            --         --         --         --        --        --        --        --        700         --         --         --          --         700          --
   Funds....................
  Thailand..................      3,000        750         --      1,000        --     2,450     2,000        --      1,500      1,922         --         --          --      12,622          --
  Tonga.....................         --         --         --         --        --       125        --        --         --      1,145         --         --          --       1,270          --
  Vanuatu...................         --         --         --         --        --       100        --        --         --      1,572         --         --          --       1,672          --
  Vietnam...................      7,200      4,000         --         --        --       100        --        --      1,650         --         --         --          --      12,950          --
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total East Asia and the          88,100     61,509    152,750     21,000        --     9,275     7,000    14,260     18,306     20,033      2,000         --          --     394,233      11,194
 Pacific....................
================================================================================================================================================================================================
Europe and Eurasia
  Albania...................         --         --         --      4,000        --       975        --        --        500      1,467         --     28,000          --      34,942          --
  Armenia...................         --         --         --      2,500    49,500       900        --        --      1,000      1,685         --         --          --      55,585          --
  ATA Regional-Europe and            --         --         --         --        --        --        --        --     19,051         --         --         --          --      19,051          --
   Eurasia..................
  Azerbaijan................         --         --         --      2,500    41,500       900        --        --      3,300      1,402         --         --          --      49,602          --
  Belarus...................         --         --         --         --     8,000        --        --        --         --         --         --         --          --       8,000          --
  Bosnia and Herzegovina....         --         --         --      2,000        --       900        --        --        800         --         --     44,000          --      47,700          --
  Bulgaria..................         --         --         --      8,500        --     1,350        --        --        700      3,040         --     28,000          --      41,590          --
  Croatia...................         --         --         --      5,000        --       800        --        --        750         --         --     25,000          --      31,550          --
  Cyprus....................         --         --      7,500         --        --        --        --        --        300         --         --         --          --       7,800          --
  Czech Republic............         --         --         --     10,000        --     1,900        --        --         --         --         --         --          --      11,900          --
  Estonia...................         --         --         --      6,250        --     1,200        --        --      1,750         --         --         --          --       9,200          --
  European Bank for                  --         --         --         --        --        --        --        --         --         --         --         --      35,431      35,431          --
   Reconstruction and
   Development..............
  Federal Republic of                --         --         --         --        --       500        --        --        750         --         --    113,000          --     114,250          --
   Yugoslavia...............
  Georgia...................         --         --         --     10,000    75,000     1,300        --        --      2,100      1,529         --         --          --      89,929          --
  Greece....................         --         --         --         --        --       600        --        --         --         --         --         --          --         600          --
  Hungary...................         --         --         --     10,000        --     1,900        --        --         --         --         --         --          --      11,900          --
  International Fund for             --         --      8,500         --        --        --        --        --         --         --         --         --          --       8,500          --
   Ireland..................
  Irish Visa Program........         --         --      4,000         --        --        --        --        --         --         --         --         --          --       4,000          --
  Kazakhstan................         --         --         --      3,000    32,000     1,200        --        --      2,200      3,130         --         --          --      41,530          --
  Kosovo....................         --         --         --         --        --        --        --        --         --         --         --     79,000          --      79,000          --
  Kyrgyz Republic...........         --         --         --      6,000    40,000     1,200        --        --      1,400      1,673         --         --          --      50,273          --
  Latvia....................         --         --         --      6,250        --     1,200        --        --      1,800         --         --         --          --       9,250          --
  Lithuania.................         --         --         --      7,000        --     1,200        --        --      1,800         --         --         --          --      10,000          --
  Macedonia.................         --         --         --     10,000        --       700        --        --        300      1,389         --     39,000          --      51,389          --
  Malta.....................         --         --         --      1,000        --       250        --        --        100         --         --         --          --       1,350          --
  Moldova...................         --         --         --      1,000    23,000     1,000        --        --      1,000      2,398         --         --          --      28,398          --
  MRA Europe................         --         --         --         --        --        --        --    58,100         --         --         --         --          --      58,100          --
  NIS Regional Export                --         --         --         --        --        --        --        --      1,400         --         --         --          --       1,400          --
   Controls.................
  OSCE Bosnia...............         --         --         --         --        --        --        --        --         --         --     11,800         --          --      11,800          --
  OSCE Croatia..............         --         --         --         --        --        --        --        --         --         --        900         --          --         900          --
  OSCE Kosovo...............         --         --         --         --        --        --        --        --         --         --      9,500         --          --       9,500          --
  OSCE Regional-Europe......         --         --         --         --        --        --        --        --         --         --      9,300         --          --       9,300          --
  Poland....................         --         --         --     12,000        --     2,000        --        --         --         --         --         --          --      14,000          --
  Portugal..................         --         --         --         --        --       850        --        --         --         --         --         --          --         850          --
  Regional FSA..............         --         --         --         --    55,000        --        --        --         --         --         --         --          --      55,000          --
  Regional SEED.............         --         --         --         --        --        --        --        --         --         --         --     51,000          --      51,000          --
  Romania...................         --         --         --      9,000        --     1,500        --        --      1,000      3,962         --     28,000          --      43,462          --
  Russia....................         --         --         --         --    73,000       800        --        --      3,000         --         --         --          --      76,800          --
  Science Centers/Bio                --         --         --         --        --        --        --        --     59,000         --         --         --          --      59,000          --
   Redirection..............
  Slovakia..................         --         --         --      8,000        --       950        --        --        300         --         --         --          --       9,250          --
  Slovenia..................         --         --         --      4,000        --       950        --        --        300         --         --         --          --       5,250          --
  Tajikistan................         --         --         --        700    35,000       400        --        --        300         --         --         --          --      36,400      10,400
  Turkey....................         --         --    200,000     50,000        --     5,000        --        --        600         --         --         --          --     255,600          --
  Turkmenistan..............         --         --         --        700     8,000       450        --        --        200      1,795         --         --          --      11,145          --
  Ukraine...................         --         --         --      3,000    94,000     1,700        --        --      2,000      5,410         --         --          --     106,110          --
  Uzbekistan................         --         --         --     10,000    42,000     1,600        --        --      1,400      2,461         --         --          --      57,461          --
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Europe and Eurasia....         --         --    220,000    192,400   576,000    36,175        --    58,100    109,101     31,341     31,500    435,000      35,431   1,725,048      10,400
================================================================================================================================================================================================
Near East
  Algeria...................         --         --         --         --        --       550        --        --         --         --         --         --          --         550          --
  ATA Regional-Near East             --         --         --         --        --        --        --        --     13,087         --         --         --          --      13,087          --
   Asia.....................
  Bahrain...................         --         --         --     25,000        --       600        --        --         --         --         --         --          --      25,600          --
  Egypt.....................         --         --    575,000  1,300,000        --     1,200        --        --        250         --         --         --          --   1,876,450          --
  Israel....................         --         --    480,000  2,160,000        --        --        --        --         --         --         --         --          --   2,640,000          --
  Jordan....................         --         --    250,000    206,000        --     2,900        --        --      1,250      2,326         --         --          --     462,476          --
  Lebanon...................         --        500     32,000         --        --       700        --        --        900         --         --         --          --      34,100          --
  Middle East Multilaterals.         --         --      3,000         --        --        --        --        --         --         --         --         --          --       3,000          --
  Middle East Partnership            --         --    145,000         --        --        --        --        --         --         --         --         --          --     145,000          --
   Initiative...............
  Middle East Regional               --         --      5,000         --        --        --        --        --         --         --         --         --          --       5,000          --
   Cooperation..............
  Morocco...................         --      5,400         --     10,000        --     1,750        --        --         --      3,714         --         --          --      20,864          --
  MRA Near East.............         --         --         --         --        --        --        --   102,320         --         --         --         --          --     102,320          --
  MRA Refugees to Israel....         --         --         --         --        --        --        --    50,000         --         --         --         --          --      50,000          --
  Multinational Force and            --         --         --         --        --        --        --        --         --         --     16,400         --          --      16,400          --
   Observers................
  Oman......................         --         --         --     25,000        --     1,000        --        --        100         --         --         --          --      26,100          --
  Saudi Arabia..............         --         --         --         --        --        25        --        --         80         --         --         --          --         105          --
  Tunisia...................         --         --         --     10,000        --     1,750        --        --         --         --         --         --          --      11,750          --
  United Arab Emirates......         --         --         --         --        --        --        --        --        250         --         --         --          --         250          --
  West Bank/Gaza............         --         --     75,000         --        --        --        --        --         --         --         --         --          --      75,000          --
  Yemen.....................         --         --     15,000     15,000        --     1,000        --        --        850         --         --         --          --      31,850          --
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Near East.............         --      5,900  1,580,000  3,751,000        --    11,475        --   152,320     16,767      6,040     16,400         --          --   5,539,902          --
================================================================================================================================================================================================
South Asia
  Afghanistan...............     21,000    150,000    150,000    150,000        --       600    40,000        --     18,950         --     20,000         --          --     550,550          --
  ATA Regional-South Asia...         --         --         --         --        --        --        --        --      5,219         --         --         --          --       5,219          --
  Bangladesh................     32,000     18,850      6,000         --        --       800        --        --         --      1,255         --         --          --      58,905      45,445
  India.....................     40,800     27,100     20,000      5,000        --     1,250        --        --      1,000         --         --         --          --      95,150      45,000
  Maldives..................         --         --         --         --        --       175        --        --         --         --         --         --          --         175          --
  MRA South Asia............         --         --         --         --        --        --        --    79,040         --         --         --         --          --      79,040          --
  Nepal.....................     18,500     14,311      6,000     10,000        --       600        --        --         --      2,402         --         --          --      51,813          --
  Pakistan..................     25,000     50,000    200,000     75,000        --     1,250    38,000        --      6,000         --         --         --          --     395,250          --
  South Asia Regional Funds.         --         --      2,000         --        --        --        --        --         --         --         --         --          --       2,000          --
  Sri Lanka.................        500      5,000     14,000      1,000        --       500        --        --      1,700         --      1,000         --          --      23,700          --
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total South Asia............    137,800    265,261    398,000    241,000        --     5,175    78,000    79,040     32,869      3,657     21,000         --          --   1,261,802      90,445
================================================================================================================================================================================================
Western Hemisphere
  Administration of Justice.         --         --      7,000         --        --        --        --        --         --         --         --         --          --       7,000          --
  Argentina.................         --         --         --      1,500        --     1,100        --        --         --         --         --         --          --       2,600          --
  ATA Regional-Western               --         --         --         --        --        --        --        --      2,297         --         --         --          --       2,297          --
   Hemisphere...............
  Bahamas...................         --         --         --        100        --       140     1,000        --         --         --         --         --          --       1,240          --
  Belize....................         --         --         --        200        --       200        --        --         --      1,680         --         --          --       2,080          --
  Bolivia...................     14,402     11,380      8,000      4,000        --       900    91,000        --         --      3,294         --         --          --     132,976      21,655
  Brazil....................     12,011      8,222         --         --        --       500    12,000        --         --         --         --         --          --      32,733          --
  Caribbean Regional........      6,532      3,480         --         --        --        --        --        --         --         --         --         --          --      10,012          --
  Central American Regional.      7,628     17,231         --         --        --        --        --        --         --         --         --         --          --      24,859          --
  Chile.....................         --         --         --        500        --       600        --        --         --         --         --         --          --       1,100          --
  Colombia..................         --         --         --    110,000        --     1,600   463,000        --         --         --         --         --          --     574,600          --
  Costa Rica................         --         --         --         --        --       400        --        --         --      1,374         --         --          --       1,774          --
  Cuba......................         --         --      7,000         --        --        --        --        --         --         --         --         --          --       7,000          --
  Dominican Republic........     13,110     10,600      3,000        320        --       500        --        --         --      3,630         --         --          --      31,160          --
  Eastern Caribbean.........         --         --         --      2,000        --       700        --        --         --      2,939         --         --          --       5,639          --
  Ecuador...................        300      7,130     14,000     15,000        --       650    35,000        --         --      3,311         --         --          --      75,391          --
  El Salvador...............      6,334     28,712         --      2,000        --       900        --        --         --      3,113         --         --          --      41,059          --
  Guatemala.................     10,250     10,700      5,000         --        --       350     3,000        --         --      5,164         --         --          --      34,464      19,030
  Guyana....................      2,000      2,750         --        100        --       275        --        --         --      1,413         --         --          --       6,538          --
  Haiti.....................     21,826      7,150         --        330        --       200        --        --         --      1,929         --         --          --      31,435      23,847
  Honduras..................     13,861     22,226         --         --        --       650        --        --         --      4,306         --         --          --      41,043       5,365
  Inter-American Development         --         --         --         --        --        --        --        --         --         --         --         --      32,614      32,614          --
   Bank-Multilateral
   Investment Fund..........
  Inter-American Foundation.         --         --         --         --        --        --        --        --         --         --         --         --      15,185      15,185          --
  Inter-American Investment          --         --         --         --        --        --        --        --         --         --         --         --      30,898      30,898          --
   Corporation..............
  Jamaica...................      3,407     13,060         --        600        --       600     1,500        --         --      2,754         --         --          --      21,921          --
  LAC Regional..............      5,161     38,338         --         --        --        --        --        --         --         --         --         --          --      43,499          --
  Latin America Regional....         --         --         --         --        --        --     5,000        --         --         --         --         --          --       5,000          --
  Mexico....................      4,976     12,265     12,000         --        --     1,275    37,000        --         --         --         --         --          --      67,516          --
  MRA Western Hemisphere....         --         --         --         --        --        --        --    21,000         --         --         --         --          --      21,000          --
  Nicaragua.................      6,855     24,152         --        500        --       400        --        --        300      3,236         --         --          --      35,443      10,565
  OAS Development Assistance         --         --         --         --        --        --        --        --         --         --         --         --       5,500       5,500          --
   Programs.................
  OAS Fund for Strengthening         --         --         --         --        --        --        --        --         --         --         --         --       2,500       2,500          --
   Democracy................
  OAS/IADB Demining.........         --         --         --         --        --        --        --        --      3,000         --         --         --          --       3,000          --
  Panama....................         --      5,750      3,500      2,500        --       200     9,000        --         50      2,678         --         --          --      23,678          --
  Paraguay..................      2,025      4,000      3,500         --        --       300        --        --         --      3,815         --         --          --      13,640          --
  Peru......................     16,732     15,316      9,000      2,000        --       700   116,000        --         --      1,455         --         --          --     161,203      20,472
  Peru-Ecuador Peace........         --         --      4,500         --        --        --        --        --         --         --         --         --          --       4,500          --
  South American Regional...      1,154      2,400         --         --        --        --        --        --         --         --         --         --          --       3,554          --
  Suriname..................         --         --         --        150        --       150        --        --         --      1,021         --         --          --       1,321          --
  Third Border Initiative...         --         --      9,000         --        --        --        --        --         --         --         --         --          --       9,000          --
  Trinidad and Tobago.......         --         --         --        300        --       150        --        --         --         --         --         --          --         450          --
  Uruguay...................         --         --         --      1,000        --       450        --        --         --         --         --         --          --       1,450          --
  Venezuela.................         --         --        500         --        --       700     5,000        --         --         --         --         --          --       6,200          --
  WHA Regional..............         --         --         --         --        --        --        --        --         50         --         --         --          --          50          --
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Western Hemisphere....    148,564    244,862     86,000    143,100        --    14,590   778,500    21,000      5,697     47,112         --         --      86,697   1,576,122     100,934
================================================================================================================================================================================================

Global
  Asia Regional.............         --         --         --         --        --        --     1,000        --         --         --         --         --          --       1,000          --
  Asia-Near East Regional...     14,418     26,218         --         --        --        --        --        --         --         --         --         --          --      40,636          --
  Asian Development Fund....         --         --         --         --        --        --        --        --         --         --         --         --     151,921     151,921          --
  ATA Program Management....         --         --         --         --        --        --        --        --     19,300         --         --         --          --      19,300          --
  Civilian Police Program...         --         --         --         --        --        --     2,700        --         --         --         --         --          --       2,700          --
  CT Engagement w/Allies....         --         --         --         --        --        --        --        --      2,500         --         --         --          --       2,500          --
  CTBT International                 --         --         --         --        --        --        --        --     19,300         --         --         --          --      19,300          --
   Monitoring System........
  Debt Restructuring........         --         --         --         --        --        --        --        --         --         --         --         --     395,000     395,000          --
  Demining Administrative            --         --         --         --        --        --        --        --        900         --         --         --          --         900          --
   Expenses.................
  Demining Crosscutting              --         --         --         --        --        --        --        --      4,975         --         --         --          --       4,975          --
   Initiatives..............
  Demining Mine Surveys.....         --         --         --         --        --        --        --        --      3,000         --         --         --          --       3,000          --
  Demining New Country               --         --         --         --        --        --        --        --      3,500         --         --         --          --       3,500          --
   Programs.................
  Demining Research and              --         --         --         --        --        --        --        --      1,525         --         --         --          --       1,525          --
   Training.................
  Democracy, Conflict &           3,050     69,452         --         --        --        --        --        --         --         --         --         --          --      72,502          --
   Humanitarian Assistance..
  Development Credit Program-        --         --         --         --        --        --        --        --         --         --         --         --       8,000       8,000          --
   Admin. Exp...............
  E-IMET Schools............         --         --         --         --        --     2,000        --        --         --         --         --         --          --       2,000          --
  Economic Growth,                   --    149,703         --         --        --        --        --        --         --         --         --         --          --     149,703          --
   Agriculture and Trade....
  Emergency Plan for AIDS            --         --         --         --        --        --        --        --         --         --         --         --     450,000     450,000          --
   Relief...................
  Enhanced International             --         --         --      2,000        --        --        --        --         --         --         --         --          --       2,000          --
   Peacekeeping Capabilities
  Export Control Program             --         --         --         --        --        --        --        --        650         --         --         --          --         650          --
   Administration...........
  Export Control Regional            --         --         --         --        --        --        --        --      6,020         --         --         --          --       6,020          --
   Advisors.................
  Export-Import Bank-                --         --         --         --        --        --        --        --         --         --         --         --      76,575      76,575          --
   Administrative Expenses..
  Export-Import Bank-Direct          --         --         --         --        --        --        --        --         --         --         --         --   (113,000)   (113,000)          --
   Loans, Negative Subsidies
  Famine Fund...............         --         --         --         --        --        --        --        --         --         --         --         --     200,000     200,000          --
  FMF Administrative Costs..         --         --         --     40,500        --        --        --        --         --         --         --         --          --      40,500          --

  General Costs.............         --         --         --         --        --       500        --        --         --         --         --         --          --         500          --
  Global Development                 --     15,000         --         --        --        --        --        --         --         --         --         --          --      15,000          --
   Alliance.................
  Global Environment                 --         --         --         --        --        --        --        --         --         --         --         --     184,997     184,997          --
   Facility.................
  Global Health.............    306,063         --         --         --        --        --        --        --         --         --         --         --          --     306,063          --
  Human Rights and Democracy         --         --     17,000         --        --        --        --        --         --         --         --         --          --      17,000          --
   Funds....................
  INL Anticrime Programs....         --         --         --         --        --        --     9,000        --         --         --         --         --          --       9,000          --
  International Atomic               --         --         --         --        --        --        --        --     50,000         --         --         --          --      50,000          --
   Energy Agency Voluntary
   Contribution.............
  International Civil                --         --         --         --        --        --        --        --         --         --         --         --       1,000       1,000          --
   Aviation Organization....
  International Conservation         --         --         --         --        --        --        --        --         --         --         --         --       6,225       6,225          --
   Programs.................
  International                      --         --         --         --        --        --        --        --         --         --         --         --         500         500          --
   Contributions for
   Scientific, Educational,
   and Cultural Activities..
  International Development          --         --         --         --        --        --        --        --         --         --         --         --     976,825     976,825          --
   Association..............
  International Disaster             --         --         --         --        --        --        --        --         --         --         --         --     235,500     235,500          --
   Assistance...............
  International Fund for             --         --         --         --        --        --        --        --         --         --         --         --      15,004      15,004          --
   Agricultural Development.
  International Law                  --         --         --         --        --        --    14,500        --         --         --         --         --          --      14,500          --
   Enforcement Academies....
  International                      --         --         --         --        --        --    13,000        --         --         --         --         --          --      13,000          --
   Organizations............
  International                 251,500         --         --         --        --        --        --        --         --         --         --         --          --     251,500          --
   Organizations/
   Partnerships.............
  International Panel on             --         --         --         --        --        --        --        --         --         --         --         --       5,600       5,600          --
   Climate Change/UN
   Framework Convention on
   Climate Change...........
  International Trust Fund-          --         --         --         --        --        --        --        --     10,000         --         --         --          --      10,000          --
   NADR.....................
  Interregional Aviation             --         --         --         --        --        --    70,000        --         --         --         --         --          --      70,000          --
   Support..................
  Legislative and Public             --      2,000         --         --        --        --        --        --         --         --         --         --          --       2,000          --
   Affairs..................
  Millenium Challenge                --         --         --         --        --        --        --        --         --         --         --         --   1,300,000   1,300,000          --
   Account..................
  Mobile Emergency Training          --         --         --         --        --        --        --        --     10,000         --         --         --          --      10,000          --
   Team.....................
  Montreal Protocol                  --         --         --         --        --        --        --        --         --         --         --         --      21,000      21,000          --
   Multilateral Fund........
  MRA Administrative                 --         --         --         --        --        --        --    18,500         --         --         --         --          --      18,500          --
   Expenses.................
  MRA Migration.............         --         --         --         --        --        --        --    16,500         --         --         --         --          --      16,500          --
  MRA Multiregional                  --         --         --         --        --        --        --    55,657         --         --         --         --          --      55,657          --
   Activities...............
  MRA Refugee Admissions....         --         --         --         --        --        --        --   135,750         --         --         --         --          --     135,750          --
  Multilateral Investment            --         --         --         --        --        --        --        --         --         --         --         --       4,002       4,002          --
   Guarantee Agency.........
  NADR Regional Export               --         --         --         --        --        --        --        --      1,200         --         --         --          --       1,200          --
   Controls.................
  New Course Development....         --         --         --         --        --        --        --        --      2,184         --         --         --          --       2,184          --
  Non-Proliferation and              --         --         --         --        --        --        --        --     35,000         --         --         --          --      35,000          --
   Disarmament Fund.........
  Oceans, Environmental and          --         --      2,000         --        --        --        --        --         --         --         --         --          --       2,000          --
   Science Initiative.......
  OPIC-Administrative                --         --         --         --        --        --        --        --         --         --         --         --      42,385      42,385          --
   Expenses.................
  OPIC-Credit Funding.......         --         --         --         --        --        --        --        --         --         --         --         --      24,000      24,000          --
  OPIC-Net Offsetting                --         --         --         --        --        --        --        --         --         --         --         --   (264,385)   (264,385)          --
   Collections..............
  Partnership to Eliminate           --         --      2,000         --        --        --        --        --         --         --         --         --          --       2,000          --
   Sweatshops...............
  Peace Corps Other.........         --         --         --         --        --        --        --        --         --    174,663         --         --          --     174,663          --
  Policy Initiatives........         --         --         --         --        --        --        --        --         --         --         --         --          --          --     787,001
  Program & Policy                3,400      6,150         --         --        --        --        --        --         --         --         --         --          --       9,550          --
   Coordination.............
  Program Development and            --         --         --         --        --        --    13,850        --         --         --         --         --          --      13,850          --
   Support..................
  Program Equipment.........         --         --         --         --        --        --        --        --      5,500         --         --         --          --       5,500          --
  Regional Narc. Training            --         --         --         --        --        --     5,000        --         --         --         --         --          --       5,000          --
   and Demand Reduction.....
  Reserve to be Allocated...         --         --         --         --        --        --        --        --         --         --         --         --      25,000      25,000          --
  SA/LW Conference..........         --         --         --         --        --        --        --        --        100         --         --         --          --         100          --
  Systems Support and                --         --         --         --        --        --     5,000        --         --         --         --         --          --       5,000          --
   Upgrades.................
  Terrorist Interdiction             --         --         --         --        --        --        --        --     11,000         --         --         --          --      11,000          --
   Program..................
  Trade and Development              --         --         --         --        --        --        --        --         --         --         --         --      60,000      60,000          --
   Agency...................
  Trafficking in Persons....         --         --         --         --        --        --    10,000        --         --         --         --         --          --      10,000          --
  Transition Initiatives....         --         --         --         --        --        --        --        --         --         --         --         --      55,000      55,000          --
  Treasury Technical                 --         --         --         --        --        --        --        --         --         --         --         --      14,000      14,000          --
   Assistance...............
  U.S. Emergency Fund for            --         --         --         --        --        --        --        --         --         --         --         --     100,000     100,000          --
   Complex Foreign Crises...
  U.S. Emergency Refugee and         --         --         --         --        --        --        --        --         --         --         --         --      40,000      40,000          --
   Migration Assistance Fund
  UN Children's Fund........         --         --         --         --        --        --        --        --         --         --         --         --     120,000     120,000          --
  UN Development Fund for            --         --         --         --        --        --        --        --         --         --         --         --       1,000       1,000          --
   Women....................
  UN Development Program....         --         --         --         --        --        --        --        --         --         --         --         --     100,000     100,000          --
  UN Environment Program....         --         --         --         --        --        --        --        --         --         --         --         --      10,025      10,025          --
  UN Guards Contingent in            --         --         --         --        --        --        --        --         --         --         --         --         700         700          --
   Iraq.....................
  UN Voluntary Fund for              --         --         --         --        --        --        --        --         --         --         --         --       1,500       1,500          --
   Technical Cooperation in
   the Field of Human Rights
  UN Voluntary Fund for              --         --         --         --        --        --        --        --         --         --         --         --       5,000       5,000          --
   Victims of Torture.......
  United Nations Crime               --         --         --         --        --        --     1,000        --         --         --         --         --          --       1,000          --
   Center...................
  USAID Capital Investment           --         --         --         --        --        --        --        --         --         --         --         --     146,300     146,300          --
   Fund.....................
  USAID Inspector General            --         --         --         --        --        --        --        --         --         --         --         --      35,000      35,000          --
   Operating Expenses.......
  USAID Operating Expenses..         --         --         --         --        --        --        --        --         --         --         --         --     604,100     604,100          --
  World Food Program........         --         --         --         --        --        --        --        --         --         --         --         --       6,000       6,000          --
  World Meteorological               --         --         --         --        --        --        --        --         --         --         --         --       2,000       2,000          --
   Organization.............
  World Trade Organization..         --         --         --         --        --        --        --        --         --         --         --         --       1,000       1,000          --
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Global................    578,431    268,523     21,000     42,500        --     2,500   145,050   226,407    186,654    174,663         --         --   5,047,774   6,693,502     787,001
================================================================================================================================================================================================
Total FY 2004...............  1,495,000  1,345,000  2,535,000  4,414,000   576,000    91,700  1,015,55   760,197    385,200    359,000     94,900    435,000   5,310,777  18,817,324   1,185,000
                                                                                                     0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

                  APPENDIX F--58th UNHRC Voting Record


   Resolutions Adopted by the Commission on Human Rights at its Fifty-
                             Eighth Session
------------------------------------------------------------------------
                                              Method of         Agenda
  Year/No.              Title                adoption\1\         item
------------------------------------------------------------------------
2002/1        Situation of human rights     roll-call vote            4
               in the occupied                    (44/2/7)
               Palestinian territory.
2002/2        Strengthening of the          without a vote            4
               Office of the United
               Nations High
               Commissioner for Human
               Rights.
2002/3        Situation in occupied          recorded vote            5
               Palestine.                         (52/1/0)
2002/4        Question of Western           without a vote            5
               Sahara.
2002/5        The use of mercenaries as      recorded vote            5
               a means of violating               (36/8/9)
               human rights and
               impeding the exercise of
               the right of peoples to
               self-determination.
2002/6        Human rights in the            recorded vote            8
               occupied Syrian Golan.            (34/1/18)
2002/7        Israeli settlements in         recorded vote            8
               the occupied Arab                  (52/1/0)
               territories.
2002/8        Question of the violation      recorded vote            8
               of human rights in the             (40/5/7)
               occupied Arab
               territories, including
               Palestine.
2002/9        Combatting defamation of       recorded vote            6
               religions.                        (30/15/8)
2002/10       Human rights situation of      recorded vote            9
               the Lebanese detainees            (34/2/17)
               in Israel.
2002/11       Assistance to Equatorial       recorded vote            9
               Guinea in the field of            (32/1/20)
               human rights.
2002/12       Situation of human rights     without a vote            9
               in Burundi.
2002/13       Situation of human rights     without a vote            9
               in parts of south-
               eastern Europe.
2002/14       Situation of human rights     without a vote            9
               in the Democratic
               Republic of the Congo.
2002/15       Situation of human rights      recorded vote            9
               in Iraq.                          (28/4/21)
2002/16       Situation of human rights      recorded vote            9
               in the Sudan.                     (25/24/4)
2002/17       Cooperation with              without a vote            9
               representatives of
               United Nations human
               rights bodies.
2002/18       Situation of human rights      recorded vote            9
               in Cuba.                          (23/21/9)
2002/19       Situation of human rights     without a vote            9
               in Afghanistan.
2002/20       Situation of human rights     without a vote            9
               in Sierra Leone.
2002/21       Adequate housing as a         without a vote           10
               component of the right
               to an adequate standard
               of living.
2002/22       Human rights and               recorded vote           10
               unilateral coercive                (38/6/9)
               measures.
2002/23       The right to education...     without a vote           10
2002/24       Question of the               without a vote           10
               realization in all
               countries of the
               economic, social and
               cultural rights
               contained in the
               Universal Declaration of
               Human Rights and in the
               International Covenant
               on Economic, Social and
               Cultural Rights, and
               study of special
               problems which the
               developing countries
               face in their efforts to
               achieve human rights.
2002/25       The right to food........     without a vote           10
2002/26       Promotion of the              without a vote           10
               enjoyment of the
               cultural rights of
               everyone and the respect
               for the different
               cultural identities.
2002/27       Adverse effects of the         recorded vote           10
               illicit movement and              (37/14/2)
               dumping of toxic and
               dangerous products and
               wastes on the enjoyment
               of human rights.
2002/28       Globalization and its          recorded vote           10
               impact on the full                (38/15/0)
               enjoyment of human
               rights.
2002/29       Effects of structural          recorded vote           10
               adjustment policies and           (29/15/9)
               foreign debt on the full
               enjoyment of all human
               rights, particularly
               economic, social and
               cultural rights.
2002/30       Human rights and extreme      without a vote           10
               poverty.
2002/31       The right of everyone to      without a vote           10
               the enjoyment of the
               highest attainable
               standard of physical and
               mental health.
2002/32       Access to medication in       without a vote           10
               the context of pandemics
               such as HIV/AIDS.
2002/33       Draft optional protocol        recorded vote           11
               to the Convention                (29/10/14)
               against Torture and
               Other Cruel, Inhuman or
               Degrading Treatment or
               Punishment.
2002/34       Strengthening of popular       recorded vote           11
               participation, equity,            (29/7/17)
               social justice and non-
               discrimination as
               essential foundations of
               democracy.
2002/35       Human rights and               recorded vote           11
               terrorism.                        (32/0/21)
2002/36       Extrajudicial, summary or      recorded vote           11
               arbitrary executions.             (36/2/14)
2002/37       Integrity of the judicial      recorded vote           11
               system.                           (34/0/19)
2002/38       Torture and other cruel,      without a vote           11
               inhuman or degrading
               treatment or punishment.
2002/39       The incompatibility           without a vote           11
               between democracy and
               racism.
2002/40       Elimination of all forms      without a vote           11
               of religious intolerance.
2002/41       Question of enforced or       without a vote           11
               involuntary
               disappearances.
2002/42       Question of arbitrary         without a vote           11
               detention.
2002/43       Independence and              without a vote           11
               impartiality of the
               judiciary, jurors and
               assessors and the
               independence of lawyers.
2002/44       The right to restitution,     without a vote           11
               compensation and
               rehabilitation for
               victims of grave
               violations of human
               rights and fundamental
               freedoms.
2002/45       Conscientious objection       without a vote           11
               to military service.
2002/46       Further measures to        recorded vote (43/          11
               promote and consolidate                0/9)
               democracy.
2002/47       Human rights in the           without a vote           11
               administration of
               justice, in particular
               juvenile justice.
2002/48       The right to freedom of       without a vote           11
               opinion and expression.
2002/49       Women's equal ownership,      without a vote           10
               access to and control
               over land and the equal
               rights to own property
               and to adequate housing.
2002/50       Integrating the human         without a vote           12
               rights of women
               throughout the United
               Nations system.
2002/51       Traffic in women and          without a vote           12
               girls.
2002/52       Elimination of violence       without a vote           12
               against women.
2002/53       Abduction of children         without a vote           13
               from northern Uganda.
2002/54       International Convention      without a vote           14
               on the Protection of the
               Rights of all Migrant
               Workers and Members of
               Their Families.
2002/55       Tolerance and pluralism       without a vote           14
               as indivisible elements
               in the promotion and
               protection of human
               rights.
2002/56       Internally displaced          without a vote           14
               persons.
2002/57       Rights of persons             without a vote           14
               belonging to national or
               ethnic, religious and
               linguistic minorities.
2002/58       Violence against women        without a vote           14
               migrant workers.
2002/59       Protection of migrants        without a vote           14
               and their families.
2002/60       Missing persons..........     without a vote           14
2002/61       Human rights of persons       without a vote           14
               with disabilities.
2002/62       Human rights of migrants.     without a vote           14
2002/63       Working Group on              without a vote           15
               Indigenous Populations
               of the Sub-Commission on
               the Promotion and
               Protection of Human
               Rights and the
               International Decade of
               the World's Indigenous
               People.
2002/64       Working Group of the          without a vote           15
               Commission on Human
               Rights to elaborate a
               draft declaration in
               accordance with
               paragraph 5 of General
               Assembly resolution 49/
               214 of 23 December 1994.
2002/65       Human rights and              without a vote           15
               indigenous issues.
2002/66       The work of the Sub-          without a vote           16
               Commission on the
               Promotion and Protection
               of Human Rights.
2002/67       Situation of human rights     without a vote            9
               in Myanmar.
2002/68       Racism, racial             recorded vote (37/           6
               discrimination,                       11/5)
               xenophobia and related
               intolerance.
2002/69       The right to development.  recorded vote (38/           7
                                                     0/15)
2002/70       Human rights defenders...     without a vote           17
2002/71       Promotion of the right of  recorded vote (33/          17
               peoples to peace.                     15/5)
2002/72       Promotion of a democratic  recorded vote (32/          17
               and equitable                         15/6)
               international order.
2002/73       Human rights and           recorded vote (38/          17
               international solidarity.             15/0)
2002/74       United Nations decade for     without a vote           17
               human rights education
               (1995-2004).
2002/75       Human rights and the          without a vote           17
               environment as part of
               sustainable development.
2002/76       The role of good              without a vote           17
               governance in the
               promotion of human
               rights.
2002/77       The question of the death  recorded vote (25/          17
               penalty.                              20/8)
2002/78       Status of the                 without a vote           17
               International Covenants
               on Human Rights.
2002/79       Impunity.................     without a vote           17
2002/80       Composition of the staff   recorded vote (36/          18
               of the Office of the                  14/3)
               United Nations High
               Commissioner for Human
               Rights.
2002/81       Protection of United          without a vote           18
               Nations personnel.
2002/82       Regional cooperation for      without a vote           18
               the promotion and
               protection of human
               rights in the Asian and
               Pacific region.
2002/83       National institutions for     without a vote           18
               the promotion and
               protection of human
               rights.
2002/84       Human rights and thematic     without a vote           18
               procedures.
2002/85       Effective implementation      without a vote           18
               of international
               instruments on human
               rights, including
               reporting obligations
               under international
               instruments on human
               rights.
2002/86       Enhancement of             recorded vote (40/          17
               international                         0/13)
               cooperation in the field
               of human rights.
2002/87       Advisory services and         without a vote           19
               technical cooperation in
               the field of human
               rights.
2002/88       Assistance to Somalia in      without a vote           19
               the field of human
               rights.
2002/89       Situation of human rights     without a vote           19
               in Cambodia.
2002/90       Situation of human rights  recorded vote (33/           4
               in the occupied                       1/19)
               Palestinian territory.
2002/91       Enhancement of the         recorded vote (36/           3
               effectiveness of the                  0/17)
               working methods of the
               Commission.
2002/92       Rights of the child......     without a vote           13
------------------------------------------------------------------------
\1\ In the case of a vote, the figures in brackets represent: votes in
  favor/votes against/abstentions.


                                                         APPENDIX G--United Nations Commission on Human Rights Voting History, 1997-2000
                                                                                         (Table 1 of 2.)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           Cuba                      China-No Action                          Iran
                                                                                               -------------------------------------------------------------------------------------------------
                                                                                                  97     98     99    2000   95*    95*     97     99    2000    97     98     99     GA    2000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AFRICA-15

  Algeria.....................................................................................     a                           y      n      y                    y                    a
  Burundi.....................................................................................                          n                                  y                                  a
  Cameroon....................................................................................                                 y      n                                                a
  Djibouti....................................................................................                                                                                         n
  DROC........................................................................................     n      n      n                           y      y             y      a      a      n
  Liberia.....................................................................................                   a      n                           a      a                    y      a      n
  Libya.......................................................................................                                                                                         n
  Madagascar..................................................................................     a      a      a      n                    y      y      y      a      a      a             a
  Mauritius...................................................................................                   a      a      a      a             a      a                    y      y      y
  Niger.......................................................................................                   n      n                           a      y                    a             n
  Nigeria.....................................................................................                          n                                  y                           a      a
  Senegal.....................................................................................            a      a      a                           a      a             a      n      n      n
  South Africa................................................................................     n      n      n                           n      n             a      a      a      a
  Swaziland...................................................................................                          a                                  n                           a      a
  Zambia......................................................................................                          n                                  y                           a      a
  Botswana....................................................................................            a      a      a                           y      y             y      a      a      a
  Congo-B.....................................................................................            n      n      n                           y      y             n      y      n      n
  Morocco.....................................................................................            a      y      y                           y      y             n      n      n      n
  Rwanda......................................................................................            n      n      a                           n      a             a      y             y
  Sudan.......................................................................................            n      n      n      y      n             y      y             n      n      n      n
  Tunisia.....................................................................................            a      n      n                           a      a             a      n      n      n
================================================================================================================================================================================================

ASIA-12

  China.......................................................................................     n      n      n      n      y      n      y      y      y      n      n      n      n      n
  India.......................................................................................     n      n      n      n      y      n      y      y      y      n      n      n      n      n
  Indonesia...................................................................................     n      n      n      n      y      n      y      y      y      n      n      n      n      n
  Japan.......................................................................................     y      y      y      y      n      y      n      n      n      y      y      y      y      y
  Korea.......................................................................................     y      y      y      y      a      a      a      a      a      a      a      a      a      a
  Malaysia....................................................................................     a      n                    y      n      y                    n      n             n
  Pakistan....................................................................................     a      n      n      n      y      n      y      y      y      n      n      n      n      n
  Qatar.......................................................................................                   n      a                           y      y                    n      n      n
  Saudi Arabia................................................................................                                                                                         n
  Syria.......................................................................................                                                                                         n
  Thailand....................................................................................                                                                                         a
  Vietnam.....................................................................................                                                                                         n
  Bangladesh..................................................................................     a      a      a      a      y      n      y      y      y      n      n      n      n      n
  Bhutan......................................................................................     n      n      n      n      y      n      y      y      y      a      n      n      n      n
  Nepal.......................................................................................     a      a      a      a      y      n      y      y      y      a      a      a      n      n
  Philippines.................................................................................     a      a      a      a      n      a      a      a      a      a      n      n      n      n
  Sri Lanka...................................................................................     a      a      n      a      y      n      y      y      y      a      a      n      n      n
================================================================================================================================================================================================
GRULAC-11

  Argentina...................................................................................     y      y      y      y                    a      a      a      y      y      a      a      a
  Brazil......................................................................................     a      a             a      a      a      a             a      y      y             y      y
  Colombia....................................................................................     a             a      a      a      a      y      y      n      a             n      n      a
  Costa Rica..................................................................................                                                                                         y
  Cuba........................................................................................     n      n      n      n      y      n      y      y      y      n      n      n      n      n
  Ecuador.....................................................................................     a      a      y      a      n      y      a      a      a      y      y      y      y      y
  Guatemala...................................................................................            a      a      y                           a      n             y      y      y      y
  Mexico......................................................................................     a      a      n      a      a      a      a      a      a      y      a      a      a      a
  Peru........................................................................................            a      n      n      y      n             y      y             y      a      a      a
  Uruguay.....................................................................................     y                                                              y                    a
  Venezuela...................................................................................            a      n      n      a      a             y      y             y      n      n      n
  Chile.......................................................................................     y      a      y      y      a      a      n      a      a      y      y      y      y      y
  El Salvador.................................................................................     y      y      a      y      n      y      n      n      n      y      y      y      y      y
================================================================================================================================================================================================

E. EURO-5

  Czech Repub.................................................................................     y      y      y      y                    n      n      n      y      y      y      y      y
  Latvia......................................................................................                   y      y                           n      n                    y      y      y
  Poland......................................................................................            y      y      y      n      y             n      n             y      y      y      y
  Romania.....................................................................................                   y      y      n      y             a    abs                    y      y      y
  Russia......................................................................................     a      n      n      n      n      n      a      y      y      y      y      a      a      n
================================================================================================================================================================================================
WEOG-10

  Belgium.....................................................................................                                                                                         y
  Canada......................................................................................     y      y      y      y      n      y      n      n      n      y      y      y      y      y
  France......................................................................................     y      y      y      y      n      y      n      n      n      y      y      y      y      y
  Germany.....................................................................................     y      y      y      y      n      y      n      n      n      y      y      y      y      y
  Italy.......................................................................................     y      y      y      y      n      y      n      n      n      y      y      y      y      y
  Norway......................................................................................                   y      y                           n      n             y      y      y      y
  Portugal....................................................................................                          y                           n      n                    y      y      y
  Spain.......................................................................................                          y                                  n                           y      y
  UK..........................................................................................     y      y      y      y      n      y      n      n      n      y      y      y      y      y
  US..........................................................................................     y      y      y      y      n      y      n      n      n      y      y      y      y      y
  Luxembourg..................................................................................            y      y      y                           n      n             y      y      y      y
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total

  yes.........................................................................................    12     13     16     17      9     11     10     12     14     16     17     17     20     18
  no..........................................................................................     5      9     13     14     11      9      9     13     16      6      6     10     16     12
  abstain.....................................................................................     9      7      6      8      6      6      6     10      8      4      6      9     14     10
================================================================================================================================================================================================

Final CHR Vote

  yes.........................................................................................    19     16     21     21     22     20     27     22     22     26     23     23            22
  no..........................................................................................    10     19     20     18     22     21     17     17     18      7     14     16            20
  abstain.....................................................................................    24     18     12     14     09     12      9     14     12     19     16     14            11
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* China 95 had a tie in the no-action vote (22-22-9) and lost the actual vote (20-21-12).
** Sudan was not a roll call vote so there is no official count. People raised their hand and the chair counted silently.
Countries in bold are new to the Commission this year.
Countries in italic left the Commission this year.



                                     APPENDIX G--United Nations Commission on Human Rights Voting History, 1997-2000
                                                                     (Table 2 of 2.)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Iraq                      Sudan                      FRY               Chech         Democ
                                              ----------------------------------------------------------------------------------------------------------
                                                97   98   99   GA  2000   97   98   99   GA  2000   97   98   99   GA   2000    2000       99      2000
--------------------------------------------------------------------------------------------------------------------------------------------------------
AFRICA-15

  Algeria....................................   a              a          c              n          c              y
  Burundi....................................                        a                        **                          y         y                 y
  Cameroon...................................                  a                         a                         a
  Djibouti...................................                  a                         n                         y
  DROC.......................................   y    a    a               c    a    c    n          c    a    y    a                         y
  Liberia....................................             y          a              c         **              y           y       abs        y        y
  Libya......................................                  n                         n                         y
  Madagascar.................................   a    a    a          a    c    a    c         **    c    a    y    y      a         n        y        y
  Mauritius..................................             y    y     y              c    y    **              a    y      y         y        y        y
  Niger......................................             a          a              c          a              y    y      y         y        y        y
  Nigeria....................................                  a     a                   a     a                   y      a         a                 y
  Senegal....................................        y    y    y     y    c    a    c    a    **         y    y    y      y         a        y        y
  South Africa...............................   y    y    y    y          c    y    c    y          c    y    a    y                         y

AFRICA-15 (Continued)

  Swaziland..................................                  y     y                   a    **                   a      y         a                 y
  Zambia.....................................                  y     a                   a    **                   y      a         y                 y
  Botswana...................................        y    y    y     y         y    c    y     y         y    y    y      y         y        y        y
  Congo-B....................................        a    a    a     a         a    c    a    **         a    a    a      a         n        y        a
  Morocco....................................        a    a    a     a         a    c    n    **         y    y    y      y       abs        y        y
  Rwanda.....................................        a    y          y    c    a    c         **         a    y           y         y        y        a
  Sudan......................................        a    a    n     a    c    n    c    n     a         y    y    y      y         a        y        a
  Tunisia....................................        a    a    a     a    c    a    c    a    **         y    y    y      y         a        y        y
========================================================================================================================================================
ASIA-12

  China......................................   a    a    a    a     a    c    n    c    n     a    c    a    a    a      a         n        a        a
  India......................................   a    a    a    a     a    c    n    c    n     a    c    a    a    a      a         n        y        y
  Indonesia..................................   a    a    a    a     a    c    n    c    n     a    c    y    y    y      y         a        y        y
  Japan......................................   y    y    y    y     y    c    y    c    y     y    c    y    y    y      y         a        y        y
  Korea......................................   y    y    y    y     y    c    y    c    y     y    c    y    y    y      y         a                 y
  Malaysia...................................   a    a         a          c    a         a          c    y         y
  Pakistan...................................   a    a    a    a     a    c    n    c    n     a    c    y    y    y      y         y        y        a
  Qatar......................................             a          a              c    n     a              y    y      y         y        y        a
  Saudi Arabia...............................                  y                         n                         y
  Syria......................................                  a                         n                         y

ASIA-12 (Continued)

  Thailand...................................                  a                         y                         y
  Vietnam....................................                  a                         n                         a
  Bangladesh.................................   a    a    a    a     a    c    a    c    a     a    c    y    y    y      y         a        y        y
  Bhutan.....................................   a    y    y    y     y    c    a    c    a     a    c    y    y    y      y         a        y        a
  Nepal......................................   a    a    a    a     a    c    a    c    a     a    c    y    a    y      a         a        y        y
  Philippines................................   a    a    y    a     y    c    a    c    a    **    c    y    y    y      y         a        y        y
  Sri Lanka..................................   a    a    a    a     a    c    a    c    a     a    c    a    y    y      y         n        y        y
========================================================================================================================================================
GRULAC-11

  Argentina..................................   y    y    y    y     y    c    y    c    y     y    c    y    y    y      y         y        y        y
  Brazil.....................................   y    y         y     y    c    y         y    **    c    y         y      y         a                 y
  Colombia...................................   y         y    y     y    c         c    y    **    c         y    y      y         a        y        y
  Costa Rica.................................                  y                         y                         y
  Cuba.......................................   a    a    a    a     a    c    n    c    n     a    c    a    a    a      a         n        a        a
  Ecuador....................................   y    y    y    y     y    c    y    c    y    **    c    y    y    y      y         a        y        y
  Guatemala..................................        y    y    y     y         y    c    y     y         y    y    y      y         a        y        y
  Mexico.....................................   y    a    y    y     y    c    y    c    y     a    c    y    a    y      y         a        y        y
  Peru.......................................        y    y    y     y         y    c    y    **         y    y    y      y         a        y        y
  Uruguay....................................   y              y          c              y          c              y                         y
  Venezuela..................................        a    y    y     a         y    c    y    **         y    y    y      y         a        y        y
  Chile......................................   y    y    y    y     y    c    y    c    y    **    c    y    y    y      y         y        y        y
  El Salvador................................   y    y    y    y     y    c    y    c    y    **    c    y    y    y      y         y        y        y
========================================================================================================================================================

E. EURO-5

  Czech Repub................................   y    y    y    y     y    c    y    c    y     y    c    y    y    y      y         y        y        y
  Latvia.....................................             y    y     y              c    y     y              y    y      y         y        y        y
  Poland.....................................        y    y    y     y    c    y    c    y     y         y    y    y      y         y        y        y
  Romania....................................             y    y     y              c    y     y              y    y      y         y        y        y
  Russia.....................................   y    a    y    y     a    c    y    c    y     a    c    a    n    n      n         n        y        y
========================================================================================================================================================
WEOG-10

  Belgium....................................                  y                         y                         y
  Canada.....................................   y    y    y    y     y    c    y    c    y     y    c    y    y    y      y         y        y        y
  France.....................................   y    y    y    y     y    c    y    c    y     y    c    y    y    y      y         y        y        y
  Germany....................................   y    y    y    y     y    c    y    c    y     y    c    y    y    y      y         y        y        y
  Italy......................................   y    y    y    y     y    c    y    c    y     y    c    y    y    y      y         y        y        y
  Norway.....................................        y    y    y     y         y    c    y     y         y    y    y      y         y        y        y
  Portugal...................................             y    y     y              c    y     y              y    y      y         y                 y
  Spain......................................                  y     y                   y     y                   y      y         y                 y
  UK.........................................   y    y    y    y     y    c    y    c    y     y    c    y    y    y      y         y        y        y
  US.........................................   y    y    y    y     y    c    y    c    y     y    c    y    y    y      y         y        y        y
  Luxembourg.................................        y    y    y     y         y    c    y     y         y    y    y      y         y        y        y
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total

  yes........................................  18   18   26   33    25    c   20    c   30          c   23   28   43     32        20       40       45
  no.........................................   0    0    0    1     0    c    5    c   13          c    0    1    1      1         5        0        0
  abstain....................................   8   11    9   13    14    c    4    c    6          c    6    6    7      6        13        2        4
========================================================================================================================================================

Final CHR Vote

  yes........................................  31   32   35         32    c   31    c         28    c   41   46          44        25       51       45
  no.........................................   0    0    0          0    c    6    c          0    c    9    1           1         7        0        0
  abstain....................................  22   21   18         21    c   16    c         24    c   12    6           8        19        2        8
--------------------------------------------------------------------------------------------------------------------------------------------------------
* China 95 had a tie in the no-action vote (22-22-9) and lost the actual vote (20-21-12).
** Sudan was not a roll call vote so there is no official count. People raised their hand and the chair counted silently.
Countries in bold are new to the Commission this year.
Countries in italic left the Commission this year.



                                                         APPENDIX G--United Nations Commission on Human Rights Voting History, 1999-2002
                                                                                         (Table 1 of 2.)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             Cuba                    China*                   Iran                            Iraq
                                                                                 ---------------------------------------------------------------------------------------------------------------
                                                                                    99     00     01     02     99     00     01     99     00     01     02     99     00     01     02     GA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AFRICA-15

  Algeria (03)..................................................................                   n      n                    y                    n      n                    n      n      a
  Burkina Faso (05).............................................................                                                                                                              a
  Cameroon (03).................................................................                   y      y                    y                    a      a                    a      a      a
  DROC (03).....................................................................     n             x      n      y             x      a             a      n      a             a      a      a
  Gabon (05)....................................................................                                                                                                              y
  Kenya (03)....................................................................                   a      a                    y                    a      a                    a      a      a
  Libya (03)....................................................................                   n      n                    y                    n      n                    n      n      n
  Senegal (03)..................................................................     a      a      a      a      a      a      a      n      n      n      n      y      y      y      y      y
  Sierra Leone (04).............................................................                          a                                                a                           a      a
  South Africa (03).............................................................     n             n      n      n             a      a             a      a      y             y      a      a
  Sudan (04)....................................................................     n      n             n      y      y             n      n             n      a      a             n      n
  Swaziland (05)................................................................            a      n      a             n      a             a      a      a             y      y      y      y

AFRICA-15 (Continued)

  Togo (04).....................................................................                          n                                                n                           a      a
  Uganda (04)...................................................................                          a                                                a                           a      a
  Zimbabwe (05).................................................................                                                                                                              a
================================================================================================================================================================================================
ASIA-12

  Bahrain (04)..................................................................                          n                                                n                           a      a
  China (05)....................................................................     n      n      n      n      y      y      y      n      n      n      n      a      a      a      a      a
  India (03)....................................................................     n      n      n      n      y      y      y      n      n      n      n      a      a      a      a      a
  Japan (05)....................................................................     y      y      y      y      n      n      n      y      y      y      y      y      y      y      y      y
  Korea (04)....................................................................     y      y      y      y      a      a      a      a      a      a      a      y      y      y      y      y
  Malaysia (03).................................................................                   n      n                    y                    n      n                    a      a      a
  Pakistan (04).................................................................     n      n      n      n      y      y      y      n      n      n      n      a      a      a      a      a
  Saudi Arabia (03).............................................................                   n      n                    y                    n      n                    y      y      a
  Sri Lanka (05)................................................................     n      a                           y             n      n                    a      a                    a
  Syria (03)....................................................................                   n      n                    y                    n      n                    a      n      n
  Thailand (03).................................................................                   a      a                    y                    a      a                    a      a      a
  Vietnam (03)..................................................................                   n      n                    y                    n      n                    a      a      a
================================================================================================================================================================================================
GRULAC-11

  Argentina (05)................................................................     y      y      y      y      a      a      a      a      a      a      y      y      y      y      y      y
  Brazil (05)...................................................................            a      a      a             a      a             y      a      a             y      y      y      y
  Chile (04)....................................................................     y      y             y      a      a             y      y             a      y      y             y      y
  Costa Rica (03)...............................................................                   y      y                    n                    y      y                    y      y      y
  Cuba (03).....................................................................     n      n      n      n      y      y      y      n      n      n      n      a      a      a      a      a
  Guatemala (03)................................................................     a      y      y      y      a      n      n      y      y      y      a      y      y      y      y      y
  Mexico (04)...................................................................     n      a      a      y      a      a      a      a      a      y      y      y      y      y      y      y
GRULAC-11 (Continued)

  Paraguay (05).................................................................                                                                                                              y
  Peru (03).....................................................................     n      n      a      y      y      y      a      a      a      y      y      y      y      y      y      y
  Uruguay (03)..................................................................     y             y      y      a             a      a             a      a      y             y      y      y
  Venezuela (03)................................................................     n      n      n      n      y      y      y      n      n      n      n      y      a      a      a      a
================================================================================================================================================================================================
E. EURO-5

  Armenia (04)..................................................................                          a                                                n                           y      y
  Croatia (04)..................................................................                          y                                                y                           y      y
  Poland (03)...................................................................     y      y      y      y      n      n      n      y      y      y      y      y      y      y      y      y
  Russia (03)...................................................................     n      n      n      n      y      y      y      a      n      n      n      y      a      a      a      a
  Ukraine (05)..................................................................                                                                                                              y
================================================================================================================================================================================================
WEOG-10

  Australia (05)................................................................                                                                                                              y
  Austria (04)..................................................................                          y                                                y                           y      y
  Belgium (03)..................................................................                   y      y                    n                    y      y                    y      y      y
  Canada (03)...................................................................     y      y      y      y      n      n      n      y      y      y      y      y      y      y      y      y
  France (04)...................................................................     y      y      y      y      n      n      n      y      y      y      y      y      y      y      y      y
  Germany (05)..................................................................     y      y      y      y      n      n      n      y      y      y      y      y      y      y      y      y
  Ireland (05)..................................................................                                                                                                              y
  Sweden (04)...................................................................                          y                                                y                           y      y
  UK (03).......................................................................     y      y      y      y      n      n      n      y      y      y      y      y      y      y      y      y
  US (05).......................................................................     y      y      y             n      n      n      y      y      y             y      y      y             y
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Final Vote

  yes...........................................................................    21     21     22     23     22     22     23     23     22     21     19     35     32     30     28     97
  no............................................................................    20     18     20     21     17     18     17     16     20     17     20      0      0      3      4      3
  abstain.......................................................................    12     14     10      9     14     12     12     14     11     15     14     18     21     19     21     77
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* China 95: tie in the no-action vote (22-22-9) and lost the actual vote (20-21-12).
** Sudan was not a roll call vote, thus no official count.
***Zim = Zimbabwe: no-action vote.
Countries in bold were new to the CHR in 2003.
Numbers within parenthesis in the year a country's term ends.
GA total votes = the entire GA body.



                                     APPENDIX G--United Nations Commission on Human Rights Voting History, 1999-2002
                                                                     (Table 2 of 2.)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Sudan**                      Chechn                   Democ             Zim***
                                                           ---------------------------------------------------------------------------------------------
                                                              99     00     01     02     GA     00     01     02     99     00     01     02      02
--------------------------------------------------------------------------------------------------------------------------------------------------------
AFRICA-15

  Algeria (03)............................................                   a      n      n             a      a                    y      y         y
  Burkina Faso (05).......................................                                 n
  Cameroon (03)...........................................                   a      n      a             a      a                    y      y         a
  DROC (03)...............................................     c             a      n      n             a      n      y             a      y         y
  Gabon (05)..............................................                                 n
AFRICA-15 (Continued)

  Kenya (03)..............................................                   a      n      a             n      n                    y      y         y
  Libya (03)..............................................                   a      n      n             n      a                    a      a         y
  Senegal (03)............................................     c     **      a      n      a      a      a      a      y      y      y      y         y
  Sierra Leone (04).......................................                          n      n                    a                           a         y
  South Africa (03).......................................     c             y      a      n             y      a      y             y      y         y
  Sudan (04)..............................................     c      a             n      n      a             n      a      a             a         y
  Swaziland (05)..........................................           **      a      n      n      a      a      n             y      a      a         y
  Togo (04)...............................................                          n      n                    n                                     y
  Uganda (04).............................................                          y      a                    a                           y         y
  Zimbabwe (05)...........................................                                 n
========================================================================================================================================================
ASIA-12

  Bahrain (04)............................................                          n      n                    a                           y         y
  China (05)..............................................     c      a      a      n      n      n      n      n      a      a      a      a         y
  India (03)..............................................     c      a      a      n      n      n      n      n      y      y      y      y         y
  Japan (05)..............................................     c      y      y      y      y      a      a      a      y      y      y      y         n
  Korea (04)..............................................     c      y      y      y      y      a      a      a      y      y      y      y         n
  Malaysia (03)...........................................                   a      n      n             a      a                    y      y         y
  Pakistan (04)...........................................     c      a      a      n      n      y      y      a      y      a      y      y         y
  Saudi Arabia (03).......................................                   a      n      n             y      a                    a      a         y
  Sri Lanka (05)..........................................     c      a                    a      n                    y      y
  Syria (03)..............................................                   a      n      n             a      n                    a      a         y
  Thailand (03)...........................................                   a      a      a             a      a                    y      y         y
  Vietnam (03)............................................                   a      n      n             n      n                    a      a         y
========================================================================================================================================================
GRULAC-11

  Argentina (05)..........................................     c      y      y      y      y      y      a      a      y      y      y      y         n
  Brazil (05).............................................           **      y      y      y      a      a      a             y      y      y         a
  Chile (04)..............................................     c      y             y      y      y             a      y      y             y         n
  Costa Rica (03).........................................                   y      y      y             a      y                    y      y         n
  Cuba (03)...............................................     c      a      a      n      n      n      n      n      a      a      a      a         y
  Guatemala (03)..........................................     c      y      y      y      y      a      y      y      y      y      y      y         n
  Mexico (04).............................................     c      a      y      y      y      a      y      y      y      y      y      y         n
  Paraguay (05)...........................................                                 y
GRULAC-11 (Continued)

  Peru (03)...............................................     c     **      y      y      y      a      a      a      y      y      y      y         n
  Uruguay (03)............................................     a             y      y      y             a      a      y             y      y         n
  Venezuela (03)..........................................     c     **      y      a      y      a      n      n      y      y      y      y         a
========================================================================================================================================================
E. EURO-5
  Armenia (04)............................................                          a                           n                           y         n
  Croatia (04)............................................                          y      y                    a                           y         n
  Poland (03).............................................     c      y      y      y      y      y      y      y      y      y      y      y         n
  Russia (03).............................................     c      a      y      n      n      n      n      n      y      y      y      y         y
  Ukraine (05)............................................                                 n
========================================================================================================================================================
WEOG-10
  Australia (05)..........................................                                 y
  Austria (04)............................................                          y      y                    y                           y         n
  Belgium (03)............................................                   y      y      y             y      y                    y      y         n
  Canada (03).............................................     c      y      y      y      y      y      y      y      y      y      y      y         n
  France (04).............................................     c      y      y      y      y      y      y      y      y      y      y      y         n
  Germany (05)............................................     c      y      y      y      y      y      y      y      y      y      y      y         n
  Ireland (05)............................................                                 y
  Sweden (04).............................................                          y      y                    y                           y         n
  UK (03).................................................     c      y      y      y      y      y      y      y      y      y      y      y         n
  US (05).................................................     c      a      a             y      y      y             y      y      y
========================================================================================================================================================

Final Vote

  yes.....................................................     c     28     28     25     80     25     22     15     51     45     44     43        26
  no......................................................     c      0      0     24     62      7     12     16      0      0      0      0        24
  abstain.................................................     c     24     25      4     33     19     19     22      2      8      9      9         3
--------------------------------------------------------------------------------------------------------------------------------------------------------
* China 95: tie in the no-action vote (22-22-9) and lost the actual vote (20-21-12).
** Sudan was not a roll call vote, thus no official count.
***Zim = Zimbabwe: no-action vote.
Countries in bold were new to the CHR in 2003.
Numbers within parenthesis in the year a country's term ends.
GA total votes = the entire GA body.

           APPENDIX H.--UNIVERSAL DECLARATION OF HUMAN RIGHTS

                                Preamble

    Whereas recognition of the inherent dignity and of the equal and 
inalienable rights of all members of the human family is the foundation 
of freedom, justice and peace in the world,

    Whereas disregard and contempt for human rights have resulted in 
barbarous acts which have outraged the conscience of mankind, and the 
advent of a world in which human beings shall enjoy freedom of speech 
and belief and freedom from fear and want has been proclaimed as the 
highest aspiration of the common people,

    Whereas it is essential, if man is not to be compelled to have 
recourse, as a last resort, to rebellion against tyranny and 
oppression, that human rights should be protected by the rule of law,

    Whereas it is essential to promote the development of friendly 
relations between nations,

    Whereas the peoples of the United Nations have in the Charter 
reaffirmed their faith in fundamental human rights, in the dignity and 
worth of the human person and in the equal rights of men and women and 
have determined to promote social progress and better standards of life 
in larger freedom,

    Whereas Member States have pledged themselves to achieve, in co-
operation with the United Nations, the promotion of universal respect 
for and observance of human rights and fundamental freedoms,

    Whereas a common understanding of these rights and freedoms is of 
the greatest importance for the full realization of this pledge,

    Now, therefore, The General Assembly, proclaims this Universal 
Declaration of Human Rights as a common standard of achievement for all 
peoples and all nations, to the end that every individual and every 
organ of society, keeping this Declaration constantly in mind, shall 
strive by teaching and education to promote respect for these rights 
and freedoms and by progressive measures, national and international, 
to secure their universal and effective recognition and observance, 
both among the peoples of Member States themselves and among the 
peoples of territories under their jurisdiction.

Article 1

    All human beings are born free and equal in dignity and rights. 
They are endowed with reason and conscience and should act towards one 
another in a spirit of brotherhood.

Article 2

    Everyone is entitled to all the rights and freedoms set forth in 
this Declaration, without distinction of an kind, such as race, colour, 
sex, language, religion, political or other opinion, national or social 
origin, property, birth or other status.

    Furthermore, no distinction shall be made on the basis of the 
political, jurisdictional or international status of the country or 
territory to which a person belongs, whether it be independent, trust, 
non-self-governing or under any other limitation of sovereignty.

Article 3

    Everyone has the right to life, liberty and the security of person.

Article 4

    No one shall be held in slavery or servitude; slavery and the slave 
trade shall be prohibited in all their forms.

Article 5

    No one shall be subjected to torture or to cruel, inhuman or 
degrading treatment or punishment.

Article 6

    Everyone has the right to recognition everywhere as a person before 
the law.

Article 7

    All are equal before the law and are entitled without any 
discrimination to equal protection of the law. All are entitled to 
equal protection against any discrimination in violation of this 
Declaration and against any incitement to such discrimination.

Article 8

    Everyone has the right to an effective remedy by the competent 
national tribunals for acts violating the fundamental rights granted 
him by the constitution or by law.

Article 9

    No one shall be subjected to arbitrary arrest, detention or exile.

Article 10

    Everyone is entitled in full equality to a fair and public hearing 
by an independent and impartial tribunal, in the determination of his 
rights and obligations and of any criminal charge against him.

Article 11

    1. Everyone charged with a penal offence has the right to be 
presumed innocent until proved guilty according to law in a public 
trial at which he has had all the guarantees necessary for his defence.

    2. No one shall be held guilty without any limitation due to race, 
of any penal offence on account of nationality or religion, have the 
any act or omission which did not constitute a penal offence, under 
national or international law, at the time when it was committed.

Article 12

    No one shall be subjected to arbitrary interference with his 
privacy, family, home or correspondence, nor to attacks upon his honour 
and reputation. Everyone has the right to the protection of the law 
against such interference or attacks.

Article 13

    1. Everyone has the right to freedom of movement and residence 
within the borders of each state.

    2. Everyone has the right to leave any country, including his own, 
and to return to his country.

Article 14

    1. Everyone has the right to seek and to enjoy in other countries 
asylum from persecution.

    2. This right may not be invoked in the case of prosecutions 
genuinely arising from non-political crimes or from acts contrary to 
the purposes and principles of the United Nations.

Article 15

    1. Everyone has the right to a nationality.

    2. No one shall be arbitrarily deprived of his nationality nor be 
denied the right to change his nationality.

Article 16

    1. Men and women of full age, without any limitation due to race, 
nationality or religion, have the right to marry and to found a family. 
They are entitled to equal rights as to marriage, during marriage and 
at its dissolution.

    2. Marriage shall be entered into only with the free and full 
consent of the intending spouses.

    3. The family is the natural and fundamental group unit of society 
and is entitled to protection by society and the State.

Article 17

    1. Everyone has the right to own property alone as well as in 
association with others.

    2. No one shall be arbitrarily deprived of his property.

Article 18

    Everyone has the right to freedom of thought, conscience and 
religion; this right includes freedom to change his religion or belief, 
and freedom, either alone or in community with others and in public or 
private, to manifest his religion or belief in teaching, practice, 
worship and observance.

Article 19

    Everyone has the right to freedom of opinion and expression; this 
right includes freedom to hold opinions without interference and to 
seek, receive and impart information and ideas through any media and 
regardless of frontiers.

Article 20

    1. Everyone has the right to freedom of peaceful assembly and 
association.

    2. No one may be compelled to belong to an association.

Article 21

    1. Everyone has the right to take part in the Government of his 
country, directly or through freely chosen representatives.

    2. Everyone has the right of equal access to public service in his 
country.

    3. The will of the people shall be the basis of the authority of 
government; this will shall be expressed in periodic and genuine 
elections which shall be by universal and equal suffrage and shall be 
held by secret vote or by equivalent free voting procedures.

Article 22

    1. Everyone, as a member of society, has the right to social 
security and is entitled to realization, through national effort and 
international cooperation and in accordance with the organization and 
resources of each State, of the economic, social and cultural rights 
indispensable for his dignity and the free development of his 
personality.

Article 23

    1. Everyone has the right to work, to free choice of employment, to 
just and favourable conditions of work and to protection against 
unemployment.

    2. Everyone, without any discrimination, has the right to equal pay 
for equal work.

    3. Everyone who works has the right to just and favourable 
remuneration insuring for himself and his family an existence worthy of 
human dignity, and supplemented, if necessary, by other means of social 
protection.

    4. Everyone has the right to form and to join trade unions for the 
protection of his interests.

Article 24

    Everyone has the right to rest and leisure, including reasonable 
limitation of working hours and periodic holidays with pay.

Article 25

    1. Everyone has the right to a standard of living adequate for the 
health and well-being of himself and of his family, including food, 
clothing, housing and medical care and necessary social services, and 
the right to security in the event of unemployment, sickness, 
disability, widowhood, old age or other lack of livelihood in 
circumstances beyond his control.

    2. Motherhood and childhood are entitled to special care and 
assistance. All children, whether born in or out of wedlock, shall 
enjoy the same social protection.

Article 26

    1. Everyone has the right to education. Education shall be free, at 
least in the elementary and fundamental stages. Elementary education 
shall be compulsory. Technical and professional education shall be made 
generally available and higher education shall be equally accessible to 
all on the basis of merit.

    2. Education shall be directed to the full development of the human 
personality and to the strengthening of respect for human rights and 
fundamental freedoms. It shall promote understanding, tolerance and 
friendship among all nations, racial or religious groups, and shall 
further the activities of the United Nations for the maintenance of 
peace.

    3. Parents have a prior right to choose the kind of education that 
shall be given to their children.

Article 27

    1. Everyone has the right freely to participate in the cultural 
life of the community, to enjoy the arts and to share in scientific 
advancement and its benefits.

    2. Everyone has the right to the protection of the moral and 
material interests resulting from any scientific, literary or artistic 
production of which he is the author.

Article 28

    Everyone is entitled to a social and international order in which 
the rights and freedoms set forth in this Declaration can be fully 
realized.

Article 29

    1. Everyone has duties to the community in which alone the free and 
full development of his personality is possible.

    2. In the exercise of his rights and freedoms, everyone shall be 
subject only to such limitations as are determined by law solely for 
the purpose of securing due recognition and respect for the rights and 
freedoms of others and of meeting the just requirements of morality, 
public order and the general welfare in a democratic society.

    3. These rights and freedoms may in no case be exercised contrary 
to the purposes and principles of the United Nations.

Article 30

    Nothing in this Declaration may be interpreted as implying for any 
State, group or person any right to engage in any activity or to 
perform any act aimed at the destruction of any of the rights and 
freedoms set forth herein.

Hundred and eighty-third plenary meeting
Resolution 217(A)(III) of the United Nations General Assembly,
December 10, 1948

 0(this material is in the public domain and may be reprinted without 
          permission; citation of this source is appreciated.)

